Acts and resolutions of the first session of the 158th General Assembly of the state of Georgia, 2025, volume one

ACTS AND RESOLUTIONS OF THE
FIRST SESSION OF THE 158TH
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2025
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume One

COMPILER'S NOTE
General Acts and Resolutions of the 2025 Regular Session of the General Assembly of Georgia will be found in Volume One beginning at page 1. The Supplementary Appropriations Act for FY 2024-2025 and the Appropriations Act for FY 2025-2026 will be found in the Volume One Appendix. These two Acts have been separately placed in the Appendix in order to maintain the special formatting and unique characteristics of the underlying bills. Local and Special Acts and Resolutions will be found in Volume Two 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 May 1, 2024, and May 1, 2025, are printed in Volume Two beginning at pages 4271 and 4285, respectively. There are no numbered pages between page 1082, the last page of Volume One, and page 3501, the first page of Volume Two. This allows both volumes to be prepared simultaneously. The only page numbers in the Volume One Appendix will be those appearing in the underlying bills.
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 since 2000; and the Governor's veto messages are printed in Volume Three. Indexes cover material in both Volumes One and Two. 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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed. Referendum results from 1953 to 1999 can be found in any Volume Three published prior to 2024.
Each Act and Resolution is preceded by the Act number assigned by the Governor and the House or Senate Bill or Resolution number which it was given when it was introduced in the General Assembly. Each Act or Resolution which was signed by the Governor is followed by the approval date on which it was signed by the Governor.

GEORGIA LAWS 2024
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions of General Application .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Supplementary Appropriations Act for FY 2024-2025. . . . . . . . . . . . . . . . . . Appendix General Appropriations Act for FY 2025-2026.. . . . . . . . . . . . . . . . . . . . . . . Appendix
VOLUME TWO
Acts and Resolutions of Local Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3501 County and Consolidated Government Home Rule Actions. . . . . . . . . . . . . . . . . . 4271 Municipal Home Rule Actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4285
VOLUME THREE
Acts by Numbers-Page References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A Bills and Resolutions-Act Number References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5A Index-Tabular.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9A Index-General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45A Population of Georgia Counties-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . . 87A Population of Georgia Counties-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91A Population of Cities-Alphabetically.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96A Population of Cities-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104A Population of Judicial Circuits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112A Georgia Senate Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 116A Georgia Senators, Numerically by District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118A Georgia House Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 121A Georgia Representatives, Numerically by District.. . . . . . . . . . . . . . . . . . . . . . . . . 123A Status of Referendum Elections since 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132A Governor's Proclamations and Vetoes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225A Historical List of General Assemblies of the State of Georgia. . . . . . . . . . . . . . . . 234A Legislative Services Committee and Staff.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235A

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PUBLIC OFFICERS AND EMPLOYEES PUBLIC OFFICIALS; BAIL BOND BUSINESS; MODIFY PROVISIONS.

No. 1 (Senate Bill No. 16).

AN ACT

To amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to modify provisions relating to public officials engaging in the bail bond business; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, is amended by revising Code Section 45-11-8, relating to engaging in bail bond business, as follows:
"45-11-8. (a)(1) It shall be unlawful for any elected official, officer of the court, law enforcement officer, or attorney in this state to engage either directly or indirectly in the bail bond business. For purposes of this paragraph, the term 'elected official' shall not include a person who is elected as a member of the local school board or the governing authority of a county, municipal corporation, or consolidated government. (2) It shall be unlawful for any person who is a member of the governing authority of a county, municipal corporation, or consolidated government to engage either directly or indirectly in the bail bond business within the jurisdiction of the county, municipal corporation, or consolidated government where such person holds office.
(b) Any person who violates this Code section shall be guilty of a misdemeanor."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved February 25, 2025.

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TRANSPORTATION ADOPTION OF LOCAL ORDINANCES, RESOLUTION, REGULATIONS, OR POLICIES THAT RESTRICT THE FLIGHT OF UNMANNED AIRCRAFT SYSTEMS OVER MASS PUBLIC GATHERINGS; AUTHORIZE.

No. 4 (House Bill No. 58).

AN ACT

To amend Chapter 1 of Title 6 of the Official Code of Georgia Annotated, relating to general provisions relative to aviation, so as to prohibit certain actions by operators of unmanned aircraft systems; to provide for a penalty; to provide for applicability; 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 6 of the Official Code of Georgia Annotated, relating to general provisions relative to aviation, is amended by revising Code Section 6-1-4, relating to unmanned aircraft system defined, preemption for unmanned aircraft systems, and operations, as follows:
"6-1-4. (a) As used in this Code section, the term:
(1) 'Ticketed entertainment event' means any music, sporting, or performing arts event held in a location with gated entries or barriers that prevent access to the general public and in which a revocable license that has been issued by an owner, operator, or lessee of such property is required for attendance at such event. (2) 'Unmanned aircraft system' means:
(A) A powered, aerial vehicle that: (i) Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft; (ii) Uses aerodynamic forces to provide vehicle lift; (iii) Can fly autonomously or be piloted remotely; and (iv) Can be expendable or recoverable; and
(B) Such term shall not include a satellite. (b) Any ordinance, resolution, regulation, or policy of any county, municipality, or other political subdivision of this state regulating the testing or operation of unmanned aircraft systems shall be deemed preempted and shall be null, void, and of no force and effect; provided, however, that a county, municipality, or other political subdivision of this state may:
(1) Enforce any ordinance that was adopted on or before April 1, 2017;

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(2) Adopt an ordinance that enforces Federal Aviation Administration restrictions; or (3) Adopt an ordinance that provides for or prohibits the launch or intentional landing of an unmanned aircraft system from or on its public property except with respect to the operation of an unmanned aircraft system for commercial purposes. (c) The state, through agency or departmental rules and regulations, may provide for or prohibit the launch or intentional landing of an unmanned aircraft system from or on its public property. (d)(1) It shall be unlawful to operate an unmanned aircraft system within 400 feet of or above a ticketed entertainment event. (2) A person who violates this subsection shall be guilty of the unauthorized operation of an unmanned aircraft system and shall be punished as for a misdemeanor. (3) This subsection shall not apply when a person who operates an unmanned aircraft system:
(A) Has obtained consent by any person with legal authority over a ticketed entertainment event; (B) Is authorized by federal regulations to operate an unmanned aircraft system and is operating such system in a lawful manner and consistent with federal regulations; (C) Is an employee of the property where the ticketed entertainment event is held and is conducting official business; (D) Is an employee of a water, sewer, electrical, telephone, cable, or other regulated utility service provider and is conducting official business; or (E) Is an owner of private property who is operating an unmanned aircraft system that he or she owns above such property, provided that such operation is consistent with federal regulations and is not used for commercial purposes, to convey or communicate a message, or to record for purposes of commercial broadcasting or publication, monitor, or otherwise interfere in any way with a ticketed entertainment event."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved April 1, 2025.

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REVENUE AND TAXATION POSTPONE DATE BY WHICH LOCAL GOVERNING AUTHORITIES CAN OPT OUT OF BASE YEAR HOMESTEAD EXEMPTION.

No. 5 (House Bill No. 92).

AN ACT

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the contents of property tax bills; to revise a state-wide base year homestead exemption; to clarify that a surviving spouse does not need to reapply for such exemption; to provide for procedures to elect to opt out and rescind an election to opt out of such exemption; to provide for an additional period to apply for a homestead exemption in certain circumstances; to provide for the contents of annual notices of assessment; to provide for forms for such notices; to provide for requirements for calculating and certifying estimated roll-back rates; to revise definitions; to exempt from local taxes the sale or use of construction materials used in certain capital outlay projects for educational purposes; to provide that such exemption only applies to projects for local school systems that have in effect certain homestead exemptions from property taxation; to provide for conditions and limitations; to provide for payment, collection, and refunds; to provide for an automatic repeal; to provide for the maximum amount of local sales and use taxes that may be imposed; to revise provisions related to a special district sales and use tax; to provide for conditions under which such tax may be imposed; to provide for clarifications; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-5-2, relating to definitions relative to ad valorem taxation of property, by revising paragraph (2.1) as follows: "(2.1) 'Estimated roll-back rate' means, for any given levying or recommending authority, the current year's estimated millage rate for general maintenance and operations minus the millage equivalent of the total net assessed value added by reassessments as calculated and certified by the levying or recommending authority pursuant to Code Section 48-5-306.2."

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SECTION 1-2. Said title is further amended in Code Section 48-5-34, relating to ad valorem property tax bill form, by revising subsection (b) and adding a new subsection to read as follows:
"(b) In addition to the requirements of subsection (a) of this Code section, if the millage rate adopted by a taxing authority exceeds the estimated roll-back rate and such estimated roll-back rate was provided in the annual notice of assessment, such tax bill shall include a notice containing the name of such taxing authority and the following statement in bold print:
'The adopted millage rate exceeds the estimated roll-back rate as stated in the annual notice of assessment that you previously received for this taxable year, which will result in an increase in the amount of property tax that you will owe.' (c)(1) If the governing authority of a county, consolidated government, municipality, or school district elected to opt out of the homestead exemption provided for in Code Section 48-5-44.2 and there is not in effect for such political subdivision a base year value homestead exemption or adjusted base year value homestead exemption that is generally applicable for homestead residents, each ad valorem property tax bill issued by such political subdivision for homestead properties shall contain a notice in bold print that corresponds with the following statement:
'[Name of the political subdivision] chose to opt out of property tax relief for homeowners related to HB 581 (2024). If you have concerns about that decision, please call [the main telephone number for the levying or recommending authority of the political subdivision].' (2) The provisions of paragraph (1) of this subsection shall not apply for any taxable year beginning after December 31, 2029."

SECTION 1-3. Said title is further amended in Code Section 48-5-44.2, relating to base year homestead exemption, by revising paragraph (4) of subsection (a) and subsections (e) and (i) as follows:
"(4) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40, with the additional limitation that it shall include:
(A) Only the primary residence and not more than five contiguous acres of land immediately surrounding such residence; or (B) If the property is assessed pursuant to Code Section 48-5-7.4 or 48-5-7.7, only the primary residence and the portion of the underlying property that is excluded from the benefit of such assessment pursuant to subparagraph (a)(1)(B) of Code Section 48-5-7.4 or subparagraph (b)(2)(B) of Code Section 48-5-7.7." "(e) The exemption granted by subsection (b) or (c) of this Code section shall be claimed and returned as provided in Code Section 48-5-50.1. Such exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person or a person's agent has filed the proper application or is automatically granted the homestead exemption as provided in subsection (d) of this Code

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section, it shall not be necessary for such person or such person's surviving spouse to make application thereafter for any year, and the exemption shall continue to be allowed to such person or such person's surviving spouse. It shall be the duty of any person granted the homestead exemption under subsection (b) or (c) of this Code section to notify the tax receiver or tax commissioner of the local government or governments in the event such person for any reason becomes ineligible for such exemption."
"(i)(1) The governing authority of any county, consolidated government, municipality, or school district may elect to opt out of the homestead exemption otherwise granted by this Code section with respect to such political subdivision through the adoption of a resolution to do the same by March 1, 2025, after completing the following steps:
(A) The governing authority shall advertise its intent to do so and shall conduct at least three public hearings thereon, at least one of which shall commence between the hours of 6:00 P.M. and 7:00 P.M., inclusive, on a business weekday. The governing authority shall place an advertisement in a newspaper of general circulation serving the residents of the political subdivision and post such advertisement on its website, which shall read as follows:
'INTENT TO OPT OUT OF HOMESTEAD EXEMPTION The (name of governing authority) intends to opt out of the statewide adjusted base year ad valorem homestead exemption for (name of the political subdivision). All concerned citizens are invited to the public hearing on this matter to be held at (place of meeting) on (date and time). Times and places of additional public hearings on this matter are at (place of meeting) on (date and time).' Simultaneously with this notice the governing authority shall provide a press release to the local media; and (B) The advertisement required by subparagraph (A) of this paragraph shall appear at least one week prior to each hearing, be prominently displayed, be not less than 30 square inches, and not be placed in that section of the newspaper where legal notices appear and shall be posted on the appropriate website at least one week prior to each hearing. In addition to the advertisement specified under this paragraph, the levying or recommending authority may include in the notice reasons or explanations for its intention to opt out of the homestead exemption. (2) No election to opt out of the homestead exemption pursuant to this Code section shall become effective with respect to a political subdivision unless the procedures and hearings required by paragraph (1) of this subsection are completed and a copy of such resolution is filed with the Secretary of State by March 1, 2025. (3) For an election to opt out of the homestead exemption pursuant to this subsection to remain effective for tax years 2027 and after with respect to a political subdivision that does not have in effect a base year value homestead exemption or an adjusted base year value homestead exemption that is generally applicable to homestead residents, the governing authority of such political subdivision shall complete the same procedures and

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hearings required by paragraph (1) of this subsection, except that a copy of the required resolution shall be filed with the Secretary of State by March 1, 2027. (4) The governing authority of any county, consolidated government, municipality, or school district that has elected to opt out of the homestead exemption pursuant to this subsection may rescind such election at any time by adopting a resolution to do so and filing a copy of such resolution with the Secretary of State; provided, however, that such resolution to rescind the election to opt out shall only be effective for:
(A) Tax year 2025 if a copy of the resolution is filed with the Secretary of State by April 30, 2025; and (B) Any other tax year from 2026 through 2029 if a copy of the resolution is filed with the Secretary of State by March 1 of such year."

SECTION 1-4. Said title is further amended in Code Section 48-5-45, relating to application for homestead exemption and unlawful to solicit fee to file application for homestead for another, by revising subsection (a) as follows:
"(a)(1) An applicant seeking a homestead exemption as provided in Code Section 48-5-44 and qualifying under the provisions of Code Section 48-5-40 shall file a written application and schedule with the tax receiver or tax commissioner charged with the duty of receiving returns of property for taxation at any time during the calendar year subsequent to the property becoming the primary residence of the applicant up to and including the date for the closing of the books for the return of taxes for the calendar year, except that, in the case of a property which is subject to a reassessment by the board of tax assessors, such application and schedule may be filed in conjunction with or in lieu of an appeal of the reassessment. (2) The failure to file properly the application and schedule on or before the date for the closing of the books for the return of taxes of a calendar year in which the taxes are due shall constitute a waiver of the homestead exemption on the part of the applicant failing to make the application for such exemption for that year."

SECTION 1-5. Said title is further amended in Code Section 48-5-306, relating to annual notice of current assessment, contents, posting notice, and new assessment description, by revising paragraph (1) of subsection (b) as follows:
"(1) The annual notice of current assessment required to be given by the county board of tax assessors under subsection (a) of this Code section shall be dated and shall contain the name and last known address of the taxpayer. The annual notice shall be given on the applicable state-wide assessment notice form which shall be established by the commissioner by rule and regulation and shall contain:
(A) The amount of the previous assessment; (B) The amount of the current assessment;

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(C) The year for which the new assessment is applicable; (D) A brief description of the assessed property broken down into real and personal property classifications; (E) The fair market value of property of the taxpayer subject to taxation and the assessed value of the taxpayer's property subject to taxation after being reduced; (F) The name, phone number, and contact information of the person in the assessors' office who is administratively responsible for the handling of the appeal and who the taxpayer may contact if the taxpayer has questions about the reasons for the assessment change or the appeals process; (G) If available, the public website address of the office of the county board of tax assessors; (H) A statement that all documents and records used to determine the current value are available upon request; and
(I)(i) The current year's estimated roll-back rate for each levying or recommending authority that certified its estimated roll-back rate for the current year to the county board of tax assessors and county tax commissioner by the date specified under Code Section 48-5-306.2; or (ii) For each levying or recommending authority that did not certify its estimated roll-back rate to the county board of tax assessors and county tax commissioner by the date specified in Code Section 48-5-306.2, the millage rate that was actually levied by or on behalf of such authority for the previous tax year, and an estimate of the amount of ad valorem taxes due for the assessed property based on such millage rate and the amount of the current assessment."

SECTION 1-6. Said title is further amended by adding a new Code section to read as follows:
"48-5-306.2. Each levying and recommending authority shall annually calculate its estimated roll-back rate for the current year and shall certify such rate to the county board of tax assessors and county tax commissioner no less than 15 days prior to the postmark of the annual notice of assessment."

PART II SECTION 2-1.

Said title is further amended in Code Section 48-8-3, relating to exemptions from sales and use taxes, by adding a new paragraph to read as follows:
"(10.1)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, the sale or use of qualifying construction materials used in capital outlay projects for educational purposes.

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(B) The exemption provided for in this paragraph shall only apply to local sales and use taxes.
(C)(i) Notwithstanding the exemption provided for in subparagraph (A) of this paragraph, all sales and use taxes imposed on the sale or use of qualifying construction materials shall be paid and collected pursuant to the requirements of this chapter. (ii) The benefit of the exemption allowed by this paragraph may be claimed by the local school system for which the qualifying construction materials were used. To claim the exemption, the local school system shall file a request for refund in the manner prescribed by the department. The department shall refund to the local school system the amount of taxes paid on qualifying construction materials used in the capital outlay project for educational purposes. No refund made pursuant to this paragraph shall include interest. (iii) Any refund received by a local school system pursuant to this paragraph shall be allocated to a fund or account for capital outlay projects and used in accordance with the requirements for sales taxes for educational purposes authorized pursuant to Article VIII, Section VI, Paragraph IV of the Constitution of Georgia. (D) As used in this paragraph, the term: (i) 'Capital outlay project for educational purposes' means a project that:
(I) Was approved and funded through a sales tax for educational purposes authorized pursuant to Article VIII, Section VI, Paragraph IV of the Constitution of Georgia; and (II) Is for a local school system which has in effect a base year value homestead exemption or adjusted base year value homestead exemption from ad valorem taxation for educational purposes for all residents of the local school system. (ii) 'Local sales and use taxes' mean sales taxes, use taxes, or local sales and use taxes levied or imposed at any time in any area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to a 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'; and by or pursuant to Articles 2, 2A, 2B, 3, 4, 5, 5A, and 5B of this chapter. (iii) 'Qualifying construction materials' means any materials used in the construction of a capital outlay project for educational purposes that will remain as part of such project after completion of construction or that become incorporated into such project's real property. Such term shall not include any materials that remain in the possession of a contractor after the completion of construction. (E) This paragraph shall stand repealed on December 31, 2033;"

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PART III SECTION 3-1.

Said title is further amended in Code Section 48-8-6, relating to prohibition of political subdivisions from imposing various taxes, ceiling on local sales and use taxes, and taxation of mobile telecommunications, by revising subsection (a) as follows:
"(a)(1) Except as provided in this subsection, on and after July 1, 2024, there shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of such 2 percent limitation, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitutional amendment, and regardless of whether another provision of law purports to the contrary except for the following:
(A) A 1 percent sales and use tax for educational purposes exempted from such limitation under Article VIII, Section VI, Paragraph IV of the Constitution; (B) Up to 1 percent in aggregate of any of the transportation related sales and use taxes authorized under Articles 5, 5A, and 5B of this chapter and Article 2 of Chapter 9 of Title 32, and in a county in which a tax is levied and collected pursuant to Part 2 of Article 2A of this chapter, any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008, the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution, and the laws enacted pursuant to such constitutional amendment; and (C) Up to 1 percent in aggregate of any sales and use taxes authorized under Code Section 48-8-96, Code Section 48-8-97, Article 2B of this chapter, Part 3 of Article 3 of this chapter, and Article 4 of this chapter. (2) Notwithstanding any provision of law to the contrary, any tax that does not comply with the limitations provided in paragraph (1) of this subsection as of July 1, 2025, but was initiated in compliance with the law in effect prior to January 1, 2025, shall be allowed to continue as authorized under laws that existed prior to July 1, 2025; provided, however, that, upon the expiration or termination of any such tax, the jurisdiction that levied such tax shall be fully subject to the limitations imposed by this subsection. (3) This subsection shall not limit the imposition of any local excise tax, which is separately authorized under Chapter 13 of this title. (4) If the imposition of any otherwise authorized local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorized by this subsection, then such otherwise authorized tax shall not be imposed."

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SECTION 3-2. Said title is further amended by revising Code Section 48-8-109.31, relating to imposition of special sales and use tax within special district and limited time and purpose, as follows:
"48-8-109.31. (a) Subject to the requirement of approval by local referendum and the other requirements of this article, there may be imposed within any given special district a special sales and use tax for a limited period of time for the limited purpose of property tax relief. (b) Except as to rate, a tax imposed under this part shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as prepaid local tax as defined in Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages as provided for in Code Section 48-8-3. (c) The special sales and use tax provided for in subsection (a) of this Code section may be imposed by a special district in 0.05 percent increments, but in no event shall such tax exceed 1 percent in total. The levy of such tax upon sales of motor fuels as defined in Code Section 48-9-2 shall only be imposed on the retail sales price of the motor fuel which is not more than $3.00 per gallon. (d) As conditions precedent to the issuance of the call for the referendum:
(1) The governing authority of the county whose geographical boundary is conterminous with that of the special district and the governing authority or authorities of all municipalities in such county that levy an ad valorem tax on property, other than those municipalities that are excluded from the special district pursuant to subsection (f) of this Code section, shall have in effect a base year value homestead exemption or adjusted base year value homestead exemption, except that such condition precedent shall not apply with respect to any municipality that levies an ad valorem tax on property and that represents no more than 5 percent of the special district's residents of municipalities that levy an ad valorem tax on property; and (2) The governing authority of the county whose geographical boundary is conterminous with that of the special district and the governing authority or authorities, if any, that represent at least 50 percent of the special district's residents of municipalities that levy an ad valorem tax on property, other than those municipalities that are excluded from the special district pursuant to subsection (f) of this Code section, shall enter into an intergovernmental agreement calling for the tax authorized under this article and specifying the proposed rate of the tax, the proposed maximum period of time that the tax is to be levied, and the proposed distribution of the tax. (e)(1) As used in this subsection, the term 'absent municipality' means any municipality that levies an ad valorem tax on property, other than those municipalities that are excluded from the special district pursuant to subsection (f) of this Code section, and that did not enter into the intergovernmental agreement provided for in paragraph (2) of subsection (d) of this Code section.

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(2) If the combined total of the populations of all absent municipalities is less than one-half of the aggregate population of all municipalities located within the special district that levy an ad valorem tax on property, the governing authorities entering into such intergovernmental agreement shall, in behalf of such absent municipalities, specify a percentage of that portion of the remaining proceeds which each municipality that levies an ad valorem tax on property shall receive, which percentage shall not be less than that proportion which each such absent municipality's population bears to the total population of all municipalities that levy ad valorem taxes on property within the special district multiplied by that portion of the remaining proceeds which are received by all such municipalities within the special district. No portion of the tax shall be apportioned to counties or municipalities that do not levy an ad valorem tax on property or do not have a base year value homestead exemption or adjusted base year value homestead exemption in effect. (f) Subject to the limitation provided for in Code Section 48-8-6, any special district which wholly or partially contains a jurisdiction levying the tax provided for under Article 4 of this chapter is authorized to levy the tax authorized under this article. Such tax authorized under this article may only be levied in the areas of the special district outside of the jurisdiction levying the tax provided for under Article 4 of this chapter. Any jurisdiction levying the tax provided for under Article 4 of this chapter shall not be considered within the procedure necessary to levy the tax under this article and shall not be entitled to any portion of said tax."

SECTION 3-3. Said title is further amended in Code Section 48-8-109.32, relating to maximum period of time of the tax, submission to voters to determine imposition of tax, ballot language, and expenses of election, by adding a new subsection to read as follows:
"(e) If no intergovernmental agreement is required pursuant to this article, the governing authority of the county or consolidated government whose geographical boundary is conterminous with that of the special district shall adopt a resolution which meets the requirements provided for in this Code section for intergovernmental agreements."

SECTION 3-4. Said title is further amended in Code Section 48-8-109.33, relating to timing for imposition of tax following approval and termination of tax, by revising paragraph (2) of subsection (a) and subsection (c) as follows:
"(2) With respect to services that are regularly billed on a monthly basis, however, the tax shall apply to the first regular billing period coinciding with or following the effective date specified in paragraph (1) of this subsection. A certified copy of the intergovernmental agreement or resolution required to impose the tax authorized by this article shall be forwarded to the commissioner to ensure it is received within five business days after certification of the election results."

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"(c) For any special district in which a tax authorized by this article is in effect, the General Assembly may pass a local Act calling for a reimposition of a tax as authorized by this article upon the termination of the tax then in effect, and a referendum may be held for this purpose while the tax is in effect. Proceedings for such reimposition shall be in the same manner as proceedings for the initial imposition of the tax as provided for in Code Sections 48-8-109.31 and 48-8-109.32. Such newly authorized tax shall not be imposed until the expiration of the tax then in effect."

PART IV SECTION 4-1.

(a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and, except as provided in subsection (b) of this section, shall be applicable on and after such date. (b) Part I of this Act shall be applicable to taxable years beginning on or after January 1, 2025.

SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed.

Approved April 1, 2025.

__________

STATE GOVERNMENT "GEORGIA RELIGIOUS FREEDOM RESTORATION ACT"; ENACT.

No. 6 (Senate Bill No. 36).

AN ACT

To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the preservation of religious freedom; to provide for the granting of relief; to provide for definitions; to provide for construction; to provide for statutory interpretation; to provide for a short title; to provide for legislative findings and determinations; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. This Act shall be known and may be cited as the "Georgia Religious Freedom Restoration Act."

SECTION 2. The General Assembly finds and determines that:
(1) Whereas the framers of the United States Constitution and the people of this state, recognizing free exercise of religion as an inalienable right, secured its protection in the First Amendment to the United States Constitution and in Paragraphs III and IV of Section I, Article I of the Constitution of this state, respectively; (2) Whereas in City of Boerne v. Flores, 521 U.S. 507 (1997), the United States Supreme Court held that the compelling interest test provided for in the federal Religious Freedom Restoration Act, to protect the inalienable constitutional right of free exercise of religion, must be adopted by a state through legislative act or court decision in order to apply to state or local government action; and (3) The General Assembly has determined that the following legislative act adopts the same compelling interest test provided for in the federal Religious Freedom Restoration Act in a manner that applies it to the actions of state and local governments in Georgia.

SECTION 3. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new chapter to read as follows:

"CHAPTER 15A

50-15A-1. (a) Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b) of this Code section. (b) Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person is:
(1) In furtherance of a compelling governmental interest; and (2) The least restrictive means of furthering such compelling governmental interest. (c) A person whose religious exercise has been burdened in violation of this chapter may assert the violation as a claim or defense in a judicial proceeding and obtain appropriate relief against government.

50-15A-2. As used in this chapter, the term:
(1) 'Demonstrates' means meets the burden of going forward with the evidence and of persuasion.

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(2) 'Exercise of religion' means any exercise of religion, whether or not compelled by, or central to, a system of religious belief, including, but not limited to, the practice or observance of religion under Paragraphs III and IV of Section I, Article I of the Constitution of this state or the Free Exercise Clause of the First Amendment to the Constitution of the United States. (3) 'Government' includes any branch, department, agency, instrumentality, and official or other person acting under color of law of this state, or any political subdivision of this state as defined in Code Section 50-15-1.

50-15A-3. In any action or proceeding to enforce a provision of this chapter, the court or tribunal may allow the prevailing party, other than government, a reasonable attorney fee as part of costs; provided, however, that, in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, such officer shall not be held liable for any costs, including attorney's fees, unless such action was clearly in excess of such officer's jurisdiction.

50-15A-4. Nothing in this chapter shall be construed to affect, interpret, or in any way address that portion of the First Amendment of the Constitution of the United States prohibiting laws respecting the establishment of religion, referred to in this Code section as the "Establishment Clause." Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this chapter. As used in this Code section, the term "granting," used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions."

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, 2025.

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REVENUE AND TAXATION INCOME TAX; REDUCE RATE OF TAX.

No. 7 (House Bill No. 111).

AN ACT

To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, exemptions, and credits relative to income taxes, so as to reduce the rate of the tax; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, exemptions, and credits relative to income taxes, is amended by revising subsection (a.1) of Code Section 48-7-20, relating to individual tax rates, credit for withholding and other payments, and applicability to estates and trusts, as follows:
"(a.1)(1) On and after January 1, 2025, the tax imposed pursuant to subsection (a) of this Code section shall be 5.19 percent for taxable years beginning on or after January 1, 2025; provided, however, that such rate shall be reduced by 0.10 percent annually beginning on January 1, 2026, until the rate reaches 4.99 percent, provided that such annual reductions in the tax rate shall be subject to delays as provided in paragraph (2) of this subsection. (2) Each prospective annual reduction in the tax rate that would otherwise occur as provided in paragraph (1) of this subsection shall be delayed by one year for each year that any of the following are true as of December 1:
(A) The Governor's revenue estimate for the succeeding fiscal year is not at least 3 percent above the Governor's revenue estimate for the present fiscal year; (B) The prior fiscal year's net revenue collection was not higher than each of the preceding three fiscal years' net tax revenue collection; or (C) The Revenue Shortfall Reserve provided for in Code Section 45-12-93 does not contain a sum that exceeds the amount of the decrease in state revenue projected to occur as a result of the prospective reduction in the tax rates set to occur the following year. (3) The Office of Planning and Budget shall make the determinations necessary to implement the provisions of paragraph (2) of this subsection and shall report its determinations by December 1 of each year to the department, the Speaker of the House of Representatives, the President of the Senate, and the chairpersons of the House Appropriations Committee, the House Ways and Means Committee, the Senate

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Appropriations Committee, and the Senate Finance Committee. This paragraph shall not be applicable after the final reduction to the rate of 4.99 percent occurs."

SECTION 2. This Act shall become effective on July 1, 2025, and shall apply to all taxable years beginning on or after January 1, 2025.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved April 15, 2025.

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REVENUE AND TAXATION INCOME TAX; ONE-TIME TAX CREDIT FOR TAXPAYERS WHO FILED RETURNS FOR BOTH 2023 AND 2024 TAXABLE YEARS; PROVIDE.

No. 8 (House Bill No. 112).

AN ACT

To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for a one-time tax credit for individual taxpayers who filed income tax returns for the 2023 and 2024 taxable years; to provide for a definition; 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 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by adding a new Code section to read as follows:
"48-7-20.3. (a) As used in this Code section, the term 'qualified taxpayer' means an individual taxpayer who filed an individual income tax return for both the 2023 and 2024 taxable years by the due date for filing the income tax return for the 2024 taxable year, including any extensions which have been granted. Such term shall:
(1) Not include any: (A) Nonresident alien individual;

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(B) Individual who was claimed as a dependent by another taxpayer for federal or Georgia income tax purposes for the 2023 taxable year; or (C) Estate or trust; and (2) Include any individual taxpayer excluded solely due to subparagraph (B) of paragraph (1) of this subsection, provided that such individual had earned income for the 2023 taxable year. (b)(1) Once a qualified taxpayer files an individual income tax return for the 2024 taxable year, the department shall automatically credit such qualified taxpayer with a one-time refund amount equal to the lesser of: (A) The qualified taxpayer's 2023 individual income tax liability as properly reported on Line 16 of the 2023 Georgia Form 500 or Line 4 of the 2023 Georgia Form 500EZ; or (B) An amount, which is based on such taxpayer's filing status for the 2023 taxable year, equal to:
(i) In the case of a single taxpayer or a married taxpayer filing a separate return, $250.00; (ii) In the case of a head of household, $375.00; or (iii) In the case of a married couple filing a joint return, $500.00. (2) Notwithstanding the provisions of paragraph (1) of this subsection, in the case of any taxable nonresident or part-year resident whose tax was prorated as provided by Code Section 48-7-85, the amount of the refund credit determined pursuant to paragraph (1) of this subsection shall be prorated based on the ratio of income taxable to Georgia as properly reported on Schedule 3, Line 9 of the Georgia Form 500 for the 2023 taxable year. (3) In no event shall the department credit pursuant to this Code section any taxpayer with a refund greater than the taxpayer's individual income tax liability as properly reported on Line 16 of the 2023 Georgia Form 500 or Line 4 of the 2023 Georgia Form 500EZ. (c) The refunds and credits provided for in this Code section shall not constitute taxable income for Georgia individual income tax purposes. (d) Any refunds due under this Code section to a taxpayer shall be either electronically transmitted or sent by check to such taxpayer, based on the taxpayer's refund instructions, if any, as indicated on the taxpayer's income tax return for the 2024 taxable year, provided that such refund shall first be credited against any outstanding liability existing at the time the refund provided for in this Code section is to be issued. (e) In no event shall the amount of a refund or credit provided for in this Code section accrue interest for the benefit of the taxpayer or be paid or credited to the taxpayer with interest. (f) Any amount due to be refunded or credited to a taxpayer pursuant to this Code section shall be subject to the setoff debt collection provisions of Article 7 of this chapter.

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(g) The commissioner may promulgate any rules and regulations necessary to implement and administer this Code section."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved April 15, 2025.

__________

CIVIL PRACTICE SUBSTANTIVE AND COMPREHENSIVE REVISION OF PROVISIONS REGARDING CIVIL PRACTICE, EVIDENTIARY
MATTERS, DAMAGES, AND LIABILITY IN TORT ACTIONS; PROVIDE.

No. 9 (Senate Bill No. 68).

AN ACT

To amend Titles 9, 40, and 51 of the Official Code of Georgia Annotated, relating to civil practice, motor vehicles, and torts, respectively, so as to provide for substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, damages, and liability in tort actions; to provide limitations relative to evidence of noneconomic damages; to provide for timing of answers and discovery; to provide for dismissals of civil actions; to provide for attorney's fees, court costs, and litigation expenses; to provide for admissibility of evidence related to seat safety belts; to provide for trial procedures; to provide for a negligent security cause of action; to provide for exclusive remedies for negligent security actions subject to exceptions; to provide for apportionment of damages in negligent security actions; to provide for the recovery of special damages for medical and healthcare expenses in personal injury and wrongful death cases; to provide for construction; to provide for definitions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by revising Code Section 9-10-184, relating to value of pain and suffering may be argued, as follows:
"9-10-184. (a) As used in this Code section, the term:
(1) 'Economic damages' means pecuniary damages recoverable in tort for bodily injury or wrongful death, including, but not limited to, damages for past and future medical expenses; costs of rehabilitation; costs of therapy; loss of wages; loss of income; loss of earning capacity; loss of services performed by the injured or deceased person as a result of the injury or death, including domestic and other necessary services performed without compensation; and funeral or burial expenses. (2) 'Noneconomic damages' means all damages recoverable in tort for bodily injury or wrongful death other than economic damages, including, but not limited to, damages for physical or emotional pain, discomfort, anxiety, hardship, distress, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, injury to reputation, and in wrongful death cases, the nonpecuniary elements of the full value of life. (b) Except as otherwise provided in subsection (c) of this Code section, in the trial of any action to recover damages for bodily injury or wrongful death, counsel shall not argue the worth or monetary value of noneconomic damages, and counsel shall not, in the hearing of the jury or any prospective juror, elicit any testimony regarding, or make any reference to, any specific amount or range of amounts of noneconomic damages, the measure of such damages being the enlightened conscience of an impartial jury. (c)(1) In the trial of any action to recover damages for bodily injury or wrongful death, counsel for any party shall be allowed to argue the worth or monetary value of noneconomic damages only after the close of evidence and at the time of such party's first opportunity to argue the issue of damages, provided that such argument shall be rationally related to the evidence of noneconomic damages and shall not make reference to objects or values having no rational connection to the facts proved by the evidence. (2) If counsel is entitled to the opening and concluding arguments, then counsel shall not be allowed to argue the worth or monetary value of noneconomic damages during such counsel's concluding argument unless counsel has argued the worth or monetary value of noneconomic damages during such counsel's opening argument, and such counsel shall not argue a different worth or monetary value of noneconomic damages in concluding arguments than was argued in such counsel's opening argument. (d) If counsel elicits any testimony, or makes any argument or reference, prohibited by this Code section in the hearing of the jury or one or more prospective jurors, the court shall take remedial measures as provided in Code Section 9-10-185 or shall, with respect to prospective jurors, excuse the prospective jurors.

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(e) Nothing in this Code section shall be construed to prohibit counsel from asking prospective jurors during voir dire whether they could return a verdict that does not award any damages or a verdict in excess of some unspecified amount, provided that such question is supported by the evidence."

SECTION 2. Said title is further amended in Code Section 9-11-12, relating to answer, defenses, and objections, when and how presented and heard, when defenses waived, and stay of discovery, by revising subsections (a), (e), and (j) as follows:
"(a) When answer presented. (1) Except as provided in paragraph (2) of this subsection, a defendant shall serve an answer within 30 days after the service of the summons and complaint upon the defendant, unless otherwise provided by statute. A cross-claim or counterclaim shall not require an answer, unless one is required by order of the court, and shall automatically stand denied. (2) Unless the court sets a different time, serving a motion under this Code section alters the time for serving an answer pursuant to paragraph (1) of this subsection as follows: (A) If the court denies the motion or postpones its disposition until trial, the answer shall be served within 15 days after notice of the court's action; or (B) If the court grants a motion for a more definite statement, the answer shall be served within 15 days after the more definite statement is served."
"(e) Motion for more definite statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a proper responsive pleading, such party may move for a more definite statement. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 15 days after notice of the order, or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just." "(j) Stay of discovery.
(1) If a party files a motion to dismiss before filing an answer and pursuant to the provisions of this Code section, discovery shall be stayed until the ruling of the court on such motion; provided, however, that, if a defendant files an answer before the ruling of the court on such motion, the stay imposed by this subsection shall immediately terminate with respect to such defendant. The court shall decide the motion to dismiss within 90 days following the conclusion of briefing on such motion. (2) The discovery period and all discovery deadlines shall be extended for a period equal to the duration of the stay imposed by this subsection. (3) If the court has not ruled on the motion to dismiss within 90 days following the conclusion of briefing on such motion, the court may upon motion of a party, and for good cause shown, terminate or modify the stay imposed by this subsection; provided,

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however, that such remedy shall not preclude any other remedy available for the failure to timely rule on such motion, including, but not limited to, a writ of mandamus. (4) If a motion to dismiss raises defenses set forth in paragraph (2), (3), (5), or (7) of subsection (b) of this Code section; if any party needs discovery in order to identify persons who may be joined or substituted as proper parties; or if any party needs discovery in order to establish the jurisdiction of the court, limited discovery needed to respond to such defenses, to identify such persons, or to establish such jurisdiction shall be permitted notwithstanding the stay imposed by this subsection. (5) The provisions of this subsection shall not modify or affect the provisions of paragraph (2) of subsection (f) of Code Section 9-11-23 or any other power of the court to stay discovery."

SECTION 3. Said title is further amended in Code Section 9-11-41, relating to dismissal of actions and recommencement within six months, by revising subsection (a) as follows:
"(a) Voluntary dismissal; effect. (1) By plaintiff; by stipulation. Subject to the provisions of subsection (e) of Code Section 9-11-23, Code Section 9-11-66, and any statute, an action may be dismissed by the plaintiff, without order or permission of court: (A) By filing a written notice of dismissal at any time before the sixtieth day following the date the opposing party serves an answer; or (B) By filing a stipulation of dismissal signed by all parties who have appeared in the action. (2) Effect. A dismissal under paragraph (1) of this subsection is without prejudice, except that if the plaintiff previously dismissed any federal or state court action based on or including the same claim, such notice or stipulation operates as an adjudication upon the merits. (3) By order of court. Except as provided in paragraph (1) of this subsection, an action shall not be dismissed upon the plaintiff's motion except upon order of the court and upon the terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon him or her of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. Unless the court order states otherwise, a dismissal under this paragraph is without prejudice."

SECTION 4. Said title is further amended in Chapter 15, relating to court and litigation costs, by adding a new Code section to read as follows:
"9-15-16. (a) In any civil action, no party shall recover the same attorney's fees, court costs, or expenses of litigation more than once pursuant to one or more statutes authorizing awards

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of attorney's fees, court costs, or expenses of litigation, whether such statute or statutes authorize such awards for compensatory or punitive purposes, unless the statute or statutes specifically authorize the recovery of duplicate attorney's fees, court costs, or expenses of litigation. (b) In any civil action, if a party seeks to recover attorney's fees pursuant to any statute authorizing an award of reasonable attorney's fees, a contingent fee agreement between such party and such party's attorney shall not be admissible as proof of the reasonableness of the fees. (c) Nothing in this Code section shall limit or diminish any contractual right to recover attorney's fees, court costs, or expenses of litigation."

SECTION 5. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended in Code Section 40-8-76.1, relating to use of safety belts in passenger vehicles, by revising subsection (d) as follows:
"(d)(1) The failure of an occupant of a motor vehicle to wear a seat safety belt in any seat of a motor vehicle which has a seat safety belt or belts may be considered in any civil action as evidence admissible on the issues of negligence, comparative negligence, causation, assumption of risk, or apportionment of fault or for any other purpose and may be evidence used to diminish any recovery for damages arising out of the ownership, maintenance, occupancy, or operation of a motor vehicle; provided, however, that this paragraph shall not prevent a court from determining the admissibility of such evidence pursuant to Code Section 24-4-403 or any other statutory or common law rule of evidence. (2) The failure of an occupant of a motor vehicle to wear a seat safety belt in any seat of a motor vehicle which has a seat safety belt or belts shall not be any basis for a cancellation of insurance coverage or an increase in insurance rate."

SECTION 6. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended in Chapter 3, relating to liability of owners and occupiers of land, by adding a new article to read as follows:

"ARTICLE 5

51-3-50. As used in this article, the term:
(1) 'Negligent security' means any claim against an owner or occupier, or against a security contractor, that:
(A) Sounds in tort or nuisance, including, but not limited to, any claim under Article 1 of this chapter;

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(B) Seeks to recover damages for bodily injury or wrongful death; and (C) Arises from an alleged failure to keep the premises and approaches safe from the wrongful conduct of third persons. (2) 'Owner or occupier' means any person that owns, leases, occupies, operates, maintains, or manages real property of any kind or any director, officer, employee, or agent of such person. (3) 'Particularized warning of imminent wrongful conduct by a third person' means information actually known to an owner or occupier and deemed credible by the owner or occupier, which causes the owner or occupier to consciously understand that a third person is likely to imminently engage in wrongful conduct on the premises that poses a clear danger to the safety of persons upon the premises, such information being specific as to the identity of the third person, the nature and character of the wrongful conduct, the degree of dangerousness of the wrongful conduct, and the location, time, and circumstances of the wrongful conduct. (4) 'Premises' means the real property that is owned, leased, occupied, operated, maintained, or managed by an owner or occupier. (5) 'Prior occurrences of substantially similar wrongful conduct' means prior occurrences of wrongful conduct which are sufficiently similar in nature and character, degree of dangerousness, proximity, location, time, and circumstances to the wrongful conduct from which a claim of negligent security arises to lead a reasonable person in the position of the owner or occupier to apprehend that such wrongful conduct is reasonably likely to occur upon the premises, to understand the risk of injury to persons upon the premises presented by such wrongful conduct, and to understand that a specific and known physical condition of the premises has created a risk of such wrongful conduct on the premises that is substantially greater than the general risk of such wrongful conduct in the vicinity of the premises. (6) 'Security contractor' means any person that contracts with an owner or occupier to provide protective or security services upon any premises or any director, officer, employee, or agent of such person. (7) 'Third person' means any person other than an owner or occupier or a security contractor or a person under the direction, control, or supervision of an owner or occupier or security contractor. (8) 'Wrongful conduct' means: (A) Any violation of a law of this state or an ordinance of any political subdivision thereof that is punishable as a felony or misdemeanor, regardless of whether such violation results in an arrest, citation, accusation, indictment, or conviction; or (B) Any other conduct that amounts to an intentional, or willful and wanton, tort.

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51-3-51. Except as provided in Code Section 51-3-54, an owner or occupier shall be liable for negligent security arising from any injury sustained by any person upon the premises of the owner or occupier as an invitee if the plaintiff proves that:
(1) The wrongful conduct by a third person that caused the injury sustained by the invitee was reasonably foreseeable because the owner or occupier:
(A) Had particularized warning of imminent wrongful conduct by a third person; or (B) Reasonably should have known that a third person was reasonably likely to engage in such wrongful conduct upon the premises, based on:
(i) Prior occurrences of substantially similar wrongful conduct upon the premises of which the owner or occupier had actual knowledge; (ii) Prior occurrences of substantially similar wrongful conduct upon the property adjoining the premises, or otherwise occurring within 500 yards of the premises, of which the owner or occupier had actual knowledge; or (iii) Prior occurrences of substantially similar wrongful conduct by the third person whose wrongful conduct caused the injury, if the owner or occupier knew or should have known, by clear and convincing evidence, that such third person was or would be upon the premises and if the owner or occupier had actual knowledge of such prior occurrences of substantially similar wrongful conduct; (2) The injury sustained by the invitee was a reasonably foreseeable consequence of such wrongful conduct by a third person; (3) Such wrongful conduct by a third person was a reasonably foreseeable consequence of such third person exploiting a specific physical condition of the premises known to the owner or occupier, which created a reasonably foreseeable risk of wrongful conduct on the premises that was substantially greater than the general risk of wrongful conduct in the vicinity of the premises; (4) The owner or occupier failed to exercise ordinary care to remedy or mitigate such specific and known physical condition of the premises and to otherwise keep the premises safe from such wrongful conduct by a third person; and (5) Such failure of the owner or occupier to exercise ordinary care was a proximate cause of the injury sustained by the invitee.

51-3-52. Except as provided in Code Section 51-3-54, an owner or occupier shall be liable for negligent security arising from any injury sustained by any person upon the premises of the owner or occupier as a licensee if the plaintiff proves that:
(1) The wrongful conduct by a third person that caused the injury sustained by the licensee was reasonably foreseeable because the owner or occupier had particularized warning of imminent wrongful conduct by a third person; (2) The injury sustained by the licensee was a reasonably foreseeable consequence of such wrongful conduct by a third person;

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(3) Such wrongful conduct by a third person was a reasonably foreseeable consequence of such third person exploiting a specific physical condition of the premises known to the owner or occupier, which created a reasonably foreseeable risk of wrongful conduct on the premises that was substantially greater than the general risk of wrongful conduct in the vicinity of the premises; (4) The owner or occupier willfully and wantonly failed to exercise any care to remedy or mitigate the specific and known physical condition of the premises and to otherwise keep the premises safe from such wrongful conduct by a third person; and (5) Such failure of the owner or occupier to exercise any care was a proximate cause of the injury sustained by the licensee.

51-3-53. (a) Except as otherwise provided in subsections (b) and (c) of this Code section, the provisions of this article shall be the sole and exclusive remedy for negligent security against owners or occupiers, and no owner or occupier shall be liable for negligent security except as provided in this article. (b) Nothing in this article shall be construed to limit or otherwise affect any cause of action brought pursuant to Code Section 51-1-56 or any other applicable law or theory of recovery otherwise recognized by law, including, but not limited to, negligence and nuisance, in connection with an alleged violation of Code Section 16-5-46. (c) Nothing in this article shall be construed to limit or otherwise affect any claim or remedy for breach of contract or any other claim, remedy, or cause of action not arising under Article 1 of this chapter.

51-3-54. Notwithstanding Code Sections 51-3-51 and 51-3-52, no owner or occupier shall be liable for negligent security:
(1) Arising from an injury sustained by a person upon the premises of the owner or occupier as a trespasser; (2) Arising from an injury sustained by a person not upon the premises of the owner or occupier; (3) Arising from the wrongful conduct of a third person, if such wrongful conduct did not occur upon the premises and in a place from which the owner or occupier had the legal right and authority to exclude such third person; (4) Arising from the wrongful conduct of a third person, if such third person was upon the premises as a tenant or as a guest of a tenant, if the owner or occupier had commenced eviction proceedings against such tenant at the time of the wrongful conduct; (5) Arising from an injury sustained by a third person upon the premises of the owner or occupier as an invitee or a licensee, if such person:

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(A) Came upon the premises for the purpose of committing any violation of a law of this state that is punishable as a felony or any violation of Chapter 8 of Title 16 that is punishable as a misdemeanor; or (B) Was engaged at the time of the injury in the commission of any violation of a law of this state that is punishable as a felony or any violation of Chapter 8 of Title 16 that is punishable as a misdemeanor, provided that this subparagraph shall not apply to a victim of a violation of Code Section 16-5-46; (6) Arising from an injury sustained upon premises that is used as a single-family residence; or (7) Based on a particularized warning of imminent wrongful conduct by a third person, if the owner or occupier made any reasonable effort to provide such information to law enforcement personnel, provided that calling 9-1-1 or otherwise making a report about such information to law enforcement personnel shall be deemed a reasonable effort.

51-3-55. (a) No owner or occupier shall be required to exercise extraordinary care to keep persons on or around any premises safe from wrongful conduct by a third person, and no owner or occupier shall be required to assume the responsibilities and obligations of government for law enforcement and public safety. (b) In any action for negligent security, in assessing whether an owner or occupier has breached a duty to exercise ordinary care to keep persons on or around any premises safe from wrongful conduct by a third person, the trier of fact shall consider the security measures employed by the owner or occupier at the time of the injury from which the claim of negligent security arises, the need for additional or other security measures, the practicality of additional or other security measures, whether additional or other security measures would have prevented the injury, the respective responsibilities of owners or occupiers with respect to the premises and government with respect to law enforcement and public safety, and any other relevant circumstances.

51-3-56. In any action for negligent security:
(1) If the trier of fact finds that any defendant is liable to the plaintiff, the trier of fact shall make an apportionment of fault under Code Section 51-12-33, and in making such an apportionment, the trier of fact shall reasonably apportion fault to:
(A) The owner or occupier; (B) Any third person whose wrongful conduct was a cause of the injury from which the claim of negligent security arises; and (C) Any other persons to whom fault otherwise should be apportioned under Code Section 51-12-33;

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(2) In connection with an apportionment of fault under Code Section 51-12-33, no party shall offer evidence, or make an argument or other comment in the hearing of any juror or prospective juror, concerning:
(A) Any sentence of imprisonment or probation, fine, or other punishment that has been, or could be, imposed in a criminal prosecution of any third person for the wrongful conduct from which the claim of negligent security arises; (B) The financial resources of any party or nonparty; or (C) The effect of an apportionment of fault upon any award of damages to the plaintiff; and (3) If a jury fails as the trier of fact to apportion a reasonable degree of fault to the third person whose wrongful conduct was a cause of the injury from which the claim of negligent security arises, the trial court shall set aside the verdict of the jury and order a retrial of liability and damages. There shall be a rebuttable presumption that an apportionment of fault is unreasonable if the total percentage of fault apportioned to all third persons for their wrongful conduct is less than the total percentage of fault apportioned to all owners or occupiers, security contractors, and other persons and entities that did not engage in wrongful conduct.

51-3-57. (a) If a security contractor assumes and undertakes a duty to invitees and licensees to keep all or part of a premises of an owner or occupier safe from the wrongful conduct of a third person, the security contractor may be liable for negligent security only in the same manner, to the same extent, and subject to the same limitations and provisions applicable to an owner or occupier contained in this article. In no event shall a security contractor be subject to liability for negligent security to an extent greater than the liability for negligent security of an owner or occupier. (b) No security contractor shall be liable for negligent security except as provided in this Code section. (c) Nothing in this Code section shall limit or otherwise affect any claim or remedy of an owner or occupier for breach of contract."

SECTION 7. Said title is further amended in Article 1 of Chapter 12, relating to general provisions relative to damages, by adding a new Code section to read as follows:
"51-12-1.1. (a) In any civil action to recover damages resulting from injury or death to a person, special damages for medical and healthcare expenses shall be recoverable only as provided in this Code section. (b) Special damages for medical and healthcare expenses shall be limited to the reasonable value of medically necessary care, treatment, or services, and the amount of such special damages shall be determined by the trier of fact.

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(c) If the plaintiff in any such civil action has any form of public or private health insurance, including benefits under a governmental workers' compensation program, evidence relevant to the determination of the reasonable value of medically necessary care, treatment, or services pursuant to subsection (b) of this Code section shall include both the amounts charged for past, present, or future medical and healthcare expenses and the amounts actually necessary to satisfy such charges pursuant to the insurance contract or the applicable governmental workers' compensation program, regardless of whether the health insurance has been used, is used, or will be used to satisfy such charges. (d) In any claim for medical and healthcare expenses rendered under a letter of protection or any other arrangement by which a healthcare provider renders treatment in exchange for a promise of payment for the plaintiff's medical and healthcare expenses from any judgment or settlement of a civil action to recover damages resulting from injury or death to a person, regardless of how such arrangement is referred to, the following shall be relevant and discoverable:
(1) A copy of the letter of protection; (2) All charges for the plaintiff's medical and healthcare expenses, which shall be itemized and, to the extent applicable, coded according to generally accepted medical billing practices; (3) If the healthcare provider sells the accounts receivable for the plaintiff's medical and healthcare expenses to a third party at less than the invoice price:
(A) The name of the third party; and (B) The dollar amount for which the third party purchased such accounts receivable; and (4) Whether the claimant was referred for treatment under a letter of protection or other similar arrangement and, if so, the identity of the person who made the referral. (e) It is the intent of the General Assembly that this Code section abrogates the common law collateral source rule to the extent necessary to introduce the evidence described in this Code section; provided, however, that nothing in this Code section shall be construed or applied to prevent the court from issuing appropriate jury instructions to clarify the role of collateral source payments and to prevent potential jury confusion regarding the effect of collateral source payments on the plaintiff's recovery. (f) Nothing in this Code section shall be construed or applied to limit the right of a plaintiff or defendant to present evidence or testimony, or both, challenging the reasonableness of medical and healthcare expenses, whether incurred or projected future expenses, or the medical necessity of any treatment."

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SECTION 8. Said title is further amended in said article by adding a new Code section to read as follows:
"51-12-15. (a) In any action to recover damages for bodily injury or wrongful death, any party may elect, by written demand prior to the entry of the pretrial order, to have fault and any award of damages determined at trial in the following manner:
(1) In the first phase of the trial, the trier of fact shall determine the fault of each defendant, and if the trier of fact finds that any defendant is at fault for the plaintiff's injuries or wrongful death, the trier of fact shall further determine through an appropriate form of the verdict the percentages of fault of all persons or entities that contributed to such injuries or wrongful death as provided in Code Section 51-12-33, prior to any determination of the total amount of damages to be awarded, if any such findings are required. The evidence and arguments of counsel in the first phase of the trial shall be limited to the issues provided for in this paragraph; (2) If the trier of fact finds in the first phase of the trial that any defendant is at fault for the plaintiff's injuries or wrongful death, the trial shall be recommenced immediately with the same judge and the same jury. In the second phase of the trial, the trier of fact shall determine all compensatory damages to be awarded to the plaintiff, if any, and the evidence and arguments of counsel shall be limited to this issue; and (3) If the trier of fact finds in the second phase of the trial that any compensatory damages are to be awarded to the plaintiff, the trial may be recommenced immediately with the same judge and the same jury for such further proceedings as may be required, including, but not limited to, proceedings provided for in subsection (d) of Code Section 51-12-5.1 concerning punitive damages and proceedings to determine liability for, and the amount of, any attorney's fees, court costs, or expenses of litigation that may be awarded by the trier of fact as provided by law. (b) The court may reject an election by any party made pursuant to subsection (a) of this Code section and order the concurrent trial of fault and damages only upon motion by any party in opposition to such election and upon the court's determination that: (1) The plaintiff, or if the plaintiff is the legal guardian of a minor, the minor, was injured by an alleged sexual offense and would be likely to suffer serious psychological or emotional distress as a result of testifying more than once in a bifurcated proceeding; or (2) The amount in controversy is less than $150,000.00."

SECTION 9. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 6 and 7 of this Act shall apply only with respect to causes of action arising on or after the effective date of this Act, and any prior causes of action shall be governed by prior law. It is the intention of the General Assembly that all other provisions of this Act

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shall apply to causes of action pending on the effective date of this Act, unless such application would be unconstitutional.

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Approved April 21, 2025.

__________

BANKING AND FINANCE "GEORGIA COURTS ACCESS AND CONSUMER PROTECTION ACT"; ENACT.

No. 10 (Senate Bill No. 69).

AN ACT

To amend Title 7 and Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to banking and finance, and depositions and discovery under the "Georgia Civil Practice Act," respectively, so as to regulate third-party litigation financing practices in this state; to enact a new chapter regulating litigation financing practices; to provide for definitions; to require and provide for the registration of litigation financiers; to prohibit any person with relevant affiliations with foreign persons, foreign principals, or sovereign wealth funds from serving as litigation financiers; to require amended registration as a litigation financier; to provide for forms and filing fees; to provide for public disclosure of documents and information; to provide for denial of registration or amended registration as a litigation financier; to provide for notice of such denials; to provide for appeal of such denials; to provide for prohibitions applicable to litigation financiers and exceptions; to provide for joint and several liability for certain litigation financiers; to require litigation financing contracts to include indemnification provisions; to require litigation financing agreements to be memorialized in writing by litigation financing contracts; to provide for required provisions and disclosures to be included in litigation financing contracts; to require and provide for certain disclosures and acknowledgments in litigation financing agreements; to provide for exemptions; to provide for the cancellation of litigation financing agreements; to provide for a criminal offense; to provide for the authority of the Attorney General and prosecuting attorneys to institute criminal proceedings; to provide for penalties; to authorize and provide for the department's participation in the nation-wide multistate licensing system and registry and for matters related thereto; to provide for the authority of the department and the commissioner of banking and finance; to provide for the discovery of litigation financing agreements in civil actions; to provide a short title; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for admissibility of

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evidence related to seat safety belts; to provide for related matters; to provide for effective dates and applicabilities; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Georgia Courts Access and Consumer Protection Act."

SECTION 2. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by adding a new chapter to read as follows:

"CHAPTER 10

7-10-1. As used in this chapter, the term:
(1) 'Affiliate' or 'affiliated' means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with another person. (2) 'Commissioner' means the commissioner of banking and finance. (3) 'Consumer' means any individual who resides, is present, or is domiciled in this state or who is or has standing to become a plaintiff, claimant, or complainant in a civil action, administrative proceeding, legal claim, or other legal proceeding or in pursuit of any claim or cause of action in this state. (4) 'Department' means the Department of Banking and Finance. (5) 'Entity' means any domestic or foreign corporation, partnership, limited partnership, limited liability company, trust, fund, plan, or any other business, enterprise, association, or organization of any kind or nature. (6) 'Foreign person' means an individual or an entity that is not:
(A) A citizen of the United States; (B) An alien lawfully admitted for permanent residence in the United States; (C) An unincorporated association with a majority of members who are citizens of the United States or aliens lawfully admitted for permanent residence in the United States; or (D) A corporation that is incorporated in the United States. (7) 'Foreign principal' means: (A) The government or a government official of any country other than the United States; (B) A political subdivision or political party of a country other than the United States; or

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(C) A partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a country other than the United States whose shares or other ownership interest is owned by the government or a government official of a country other than the United States or is owned by a political subdivision or political party of a country other than the United States. (8) 'Legal representative' means any attorney, group of attorneys, or law firm duly licensed and authorized to practice law and to represent a consumer in a civil action, administrative proceeding, legal claim, or other legal proceeding seeking to recover damages in this state. (9) 'Litigation financier' means any person engaged in or formed, created, or established for the purpose of engaging in any kind of business or economic activity that involves providing litigation financing in exchange for consideration of any kind. (10)(A) 'Litigation financing agreement' or 'litigation financing' means an agreement in which a litigation financier agrees to provide financing to a consumer or entity that is or has standing to become a party to a civil action, administrative proceeding, legal claim, or other legal proceeding seeking to recover monetary damages, or to counsel for such consumer or entity, in exchange for a right to receive payment, which right is contingent in any respect on the outcome of such action, claim, or proceedings by settlement, judgment, or otherwise, or on the outcome of any matter within a portfolio that includes such action, claim, or proceedings and involves the same legal representative or affiliated representative. (B) Such term shall not include:
(i) An agreement wherein a legal representative consents to provide legal services on a contingency fee basis or to advance his or her client's legal costs, and where such services or costs are provided by the legal representative in accordance with the Georgia Rules of Professional Conduct maintained and enforced by the State Bar of Georgia; (ii) A preexisting contractual obligation to indemnify or defend a party to a civil action, administrative proceeding, legal claim, or other legal proceeding seeking to recover monetary damages, or any other legal proceeding; (iii) Any obligation of a health insurer to pay any sums for healthcare for an injured person under the terms of a health insurance plan or agreement; (iv) Any obligation to repay a financial institution, as such term is defined in Code Section 10-5A-1, for loans made directly to a party to a civil action, administrative proceeding, legal claim, or other legal proceeding seeking to recover monetary damages, or such party's legal representative, provided that such repayment of such loan is not contingent upon the outcome of such action, claim, or proceedings, or on the outcome of any matter within a portfolio that includes such action, claim, or proceedings, and involves the same legal representative or affiliated legal representative;

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(v) Funding provided to a nonprofit organization that is funded by private donations, represents one or more clients on a pro-bono, no-cost basis, and seeks only injunctive relief on behalf of its clients; provided, however, that the provisions of this division shall not be construed to prohibit or otherwise affect any award of costs or attorney's fees to such nonprofit organization seeking only injunctive relief on behalf of a client that such nonprofit organization represents on a pro-bono, no-cost basis, or to such client; or (vi) Banks, institutional investors, and persons that provide financing to a litigation financier but do not engage in the business of litigation financing; provided, however, that this exclusion shall not apply to banks, institutional investors, and persons affiliated with a litigation financier. (11) 'Litigation financing contract' or 'contract' means a written contract memorializing the terms and conditions of a litigation financing agreement. (12) 'Sovereign wealth fund' means an investment fund owned or controlled by a foreign principal or an agent of such foreign principal.

7-10-2. (a) It is unlawful for a person to engage in litigation financing in this state unless such person is registered as a litigation financier as provided under this Code section. (b) Each person registering as a litigation financier shall be authorized to do business in this state. (c) To register as a litigation financier, a person shall file with the department a registration statement setting forth the following:
(1) The legal name of such person; (2) The principal business address and preferred mailing address of such person; (3) The telephone number and email address through which such person may be contacted; (4) The name, principal business address, and preferred mailing address of such person's registered agent that is authorized to accept service of process on behalf of such person; (5) The name, principal business address, and citizenship or country of incorporation or registration of any foreign person, foreign principal, or sovereign wealth fund affiliated with the person seeking to register as a litigation financier under this Code section in any capacity directly or indirectly related to such person's litigation financing business; and (6) Any other information deemed necessary by the department. (d) If the person seeking to register as a litigation financier is an entity, such entity shall file with the department a registration statement that provides, with respect to each person that directly or indirectly owns, controls, holds with the power to vote, or holds proxies representing 10 percent or more of the voting shares of the litigation financier, the following: (1) The legal name of each such person; (2) The principal business address and preferred mailing address of each such person;

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(3) If the person is an individual: (A) Such individual's occupation; (B) Any offices and positions held with the person seeking to register as a litigation financier during the past five years; (C) Any conviction of a crime other than misdemeanor traffic violations during the past ten years; and (D) The name, principal business address, and citizenship or country of incorporation or registration of any foreign person, foreign principal, or sovereign wealth fund affiliated with such individual in any capacity directly or indirectly related to such individual's litigation financing business;
(4) If the person is an entity: (A) The nature of the entity's business operations during the past five years or a description of the business intended to be undertaken by the entity and such entity's subsidiaries, if any; (B) A list of all individuals who are or who have been selected to become directors or officers of the entity and each subsidiary of the entity, if any. Such list shall include for each individual the information required by paragraph (3) of this subsection; and (C) The name, principal business address, and citizenship or country of incorporation or registration of any foreign person, foreign principal, or sovereign wealth fund affiliated with the entity in any capacity directly or indirectly related to such entity's litigation financing business; and
(5) Any other information deemed necessary by the department. (e) No person shall be registered as a litigation financier or shall engage in litigation financing in this state that is, in any capacity directly or indirectly related to such person's litigation financing business, affiliated with any foreign government or foreign nongovernment person or entity designated by the United States Secretary of Commerce as a foreign adversary pursuant to 15 C.F.R. Section 7.4, or any foreign person, foreign principal, or sovereign wealth fund thereof. (f) A person subject to registration under this Code section shall file, within 30 days of any change to the most recently filed registration or within 30 days of when such registration becomes inaccurate or incomplete in any respect, an amended registration with the department. (g) The commissioner is authorized to prescribe the forms and the filing fees that he or she deems necessary for the purposes of this chapter. (h) All documents and information filed with the department pursuant to this Code section are public records subject to disclosure pursuant to Article 4 of Chapter 18 of Title 50.

7-10-3. (a) The department may deny a registration to act as a litigation financier or deny a registered litigation financier's amended registration pursuant to subsection (f) of Code Section 7-10-2 if the department finds that:

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(1) The requirements of this chapter have not been met; or (2) The applicant or registrant; any person who is a director, officer, partner, or owner of the applicant or registrant; or any individual who directs the affairs of or controls or establishes policy for the applicant or registrant has, within the last ten years, been convicted of a felony in any jurisdiction or of a crime which, if committed within this state, would constitute a felony under the laws of this state. For the purposes of this paragraph, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty or nolo contendere to a charge thereof before a court or federal magistrate or shall have been found guilty of such crime by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof and regardless of whether first offender treatment without adjudication of guilt pursuant to the charge was entered or an adjudication or sentence was otherwise withheld or not entered on such charge, unless and until such plea of guilty or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or until probation, sentence, or both, of a first offender without adjudication of guilt have been successfully completed and documented or unless the person convicted of the crime shall have received a pardon for such crime from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction occurred. (b) Notice of the department's intention to enter an order denying a registration or an amended registration shall be provided to the applicant or registrant in writing, sent by registered or certified mail or statutory overnight delivery addressed to the principal place of business of such applicant or registrant. If a person refuses to accept service of the notice by registered or certified mail or statutory overnight delivery, the notice or order shall be served by the commissioner or the commissioner's authorized representative under any other method of lawful service, and the person shall be personally liable to the commissioner for a sum equal to the actual costs incurred to serve the notice or order. Such liability shall be paid upon notice and demand by the commissioner or the commissioner's authorized representative and shall be assessed and collected in the same manner as other fees or fines administered by the commissioner. (c) Within 20 days of the date of the notice of intention to enter an order denying a registration or an amended registration, the applicant or registrant may request in writing a hearing to contest the order. If a hearing is not requested in writing within 20 days of the date of such notice of intention, the department shall enter a final order regarding the denial. Any final order of the department denying a registration or an amended registration shall state the grounds upon which it is based and shall be effective on the date of issuance. A copy of such order shall be forwarded promptly by mail addressed to the principal place of business of such applicant or registrant. (d) A decision by the department denying a registration or an amended registration shall be subject to review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

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7-10-4. (a) A litigation financier shall not:
(1) Direct, or make any decisions with respect to, the course of any civil action, administrative proceeding, legal claim, or other legal proceeding for which such litigation financier has provided litigation financing, or any settlement or other disposition thereof. Such prohibition includes, but is not limited to, decisions in appointing or changing legal representatives, choice or use of expert witnesses, and litigation strategy. All rights to make decisions with respect to the course and settlement or other disposition of the subject civil action, administrative proceeding, legal claim, or other legal proceeding shall remain solely with the parties to such action, claim, or proceedings and their legal representatives. The provisions of this paragraph shall be strictly construed in favor of the individual or entity receiving litigation financing and against the litigation financier; (2) Pay or offer commissions, referral fees, rebates, or other forms of consideration to any person, including, but not limited to, an attorney or any employee of an attorney or a law firm, in exchange for referring a consumer or such consumer's legal representative to a litigation financier; provided, however, that this paragraph shall not apply to an employee, agent, or affiliate of the litigation financier; (3) Accept any commissions, referral fees, rebates, or other forms of consideration from any person, including, but not limited to, an attorney or any employee of an attorney or a law firm, for providing any goods or rendering any services to the consumer; provided, however, that this paragraph shall not apply to an employee, agent, or affiliate of the litigation financier; (4) Contract for, receive, or recover, whether directly or indirectly, any amount greater than an amount equal to the share of the proceeds collectively recovered by the plaintiffs or claimants in a civil action, administrative proceeding, legal claim, or other legal proceeding seeking to recover monetary damages financed by a litigation financing agreement after the payment of any attorney's fees and costs owed in connection to such action, claim, or proceedings; (5) Advertise false or misleading information regarding its products or services; (6) Refer or require any consumer to hire or engage any person providing any goods or rendering any services to the consumer; (7) Fail to promptly deliver a fully completed and signed litigation financing contract to the consumer and the consumer's legal representative; (8) Attempt to secure a remedy or obtain a waiver of any remedy, including, but not limited to, compensatory, statutory, or punitive damages, that the consumer may or may not be entitled to pursue or recover otherwise; (9) Offer or provide legal advice to the consumer; (10) Assign or securitize a litigation financing agreement in whole or in part; provided, however, that, if the litigation financier retains responsibility for collecting payment, administering, and otherwise enforcing the litigation funding contract, the prohibition provided in this paragraph shall not apply to an assignment:

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(A) To a wholly owned subsidiary of the litigation financier; (B) To an affiliate of the litigation financier that is under common control; or (C) Granting a security interest under Article 9 of the Uniform Commercial Code or as otherwise permitted by law; or (11) Report a consumer to a credit reporting agency if insufficient funds remain to repay the litigation financier in full from the proceeds received from any judgment, award, settlement, verdict, or other form of monetary relief obtained in a civil action, administrative proceeding, legal claim, or other legal proceeding that is the subject of the litigation financing agreement. (b) No person that provides any goods or renders any services related to the litigation to the consumer shall have a financial interest in litigation financing provided by a litigation financier to such consumer, and no such person shall receive any commissions, referral fees, rebates, or other forms of consideration from any litigation financier or the litigation financier's agents, employees, owners, or affiliates.

7-10-5. (a) A litigation financier that agrees to provide $25,000.00 or more in funding pursuant to a litigation financing agreement may be jointly and severally liable for any award or order imposing or assessing costs or monetary sanctions for frivolous litigation against a consumer, entity, or a legal representative of such consumer or entity arising from or relating to any civil action, administrative proceeding, legal claim, or other legal proceeding for which the litigation financier is providing litigation financing; provided, however, that where the litigation financier's right of repayment is a fixed amount set by contract, the liability of such litigation financier shall not exceed the right of repayment less the amount already extended. (b) In each litigation financing contract, the litigation financier shall agree to indemnify, and shall indemnify even without such agreement, the plaintiffs and claimants to the civil action, administrative proceeding, legal claim, or other legal proceeding that is the subject of such litigation financing agreement and such plaintiffs' and claimants' legal representatives against any adverse costs, attorney's fees, damages, or sanctions that may be ordered or awarded against such persons in such action, claim, or proceedings; provided, however, that such indemnification shall not be required or enforceable for adverse costs, attorney's fees, damages, or sanctions that the litigation financier can show resulted from the intentional misconduct of such plaintiffs or claimants or their legal representatives.

7-10-6. (a) The terms and conditions of a litigation financing agreement shall be set forth in a fully completed, written litigation financing contract with no material terms or conditions omitted, and such contract shall contain all material terms and conditions at the time it is signed by any party, including, but not limited to the right to cancel such litigation financing agreement without penalty or further obligation within five business days from

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the date the litigation financing contract is executed by or on behalf of the consumer or the date litigation financing is received from the litigation financier, whichever date is later. (b) Upon execution of a litigation financing contract, a litigation financier shall not amend the terms or conditions of the litigation financing agreement that is memorialized by such contract without full disclosure to and prior written consent of all parties to such litigation financing agreement. (c) Each litigation financing contract with a consumer shall set forth the name, principal business address, and preferred mailing address of the litigation financier on the first page of such contract, and the following disclosures shall be typed in at least 14 point bold font and placed clearly and conspicuously immediately above the consumer's signature line in the litigation financing contract:
'IMPORTANT DISCLOSURES -- PLEASE READ CAREFULLY 1. Right to Cancellation: You, the consumer, or your legal representative may cancel this litigation financing agreement without penalty or further obligation within five (5) business days from the date you sign this contract or the date you receive financing from the litigation financier, whichever date is later. You or your legal representative may cancel this litigation financing agreement by sending a notice of cancellation to the litigation financier and returning to the litigation financier any funds received from the litigation financier at the litigation financier's preferred mailing address set forth on page 1 of this contract. 2. The maximum amount the litigation financier may receive or recover from any contingent payment provided for in this litigation financing agreement shall be no more than an amount equal to the share of the proceeds collectively recovered by the plaintiffs or claimants in a civil action, administrative proceeding, legal claim, or other legal proceeding seeking to recover monetary damages financed by this litigation financing agreement after the payment of any attorney's fees and costs owed in connection to such action, claim, or proceedings. 3. The litigation financier agrees that it has no right to, and will not demand, request, receive, or exercise any right to, influence, affect, or otherwise make any decision in the handling, conduct, administration, litigation, settlement, or resolution of your civil action, administrative proceeding, legal claim, other legal proceeding. All of these rights remain solely with you and your legal representative. 4. You, the consumer, are not required by the terms of this litigation financing agreement to continue to be represented by any particular legal representative, and the litigation financing agreement does not include any right for the litigation financier, any legal representative, or any other person to claim or seek to recover any assessment, charge, fee, penalty, or damages of any kind if you elect to change legal representatives at any time. 5. If there is no recovery of any money from your civil action, administrative proceeding, legal claim, or other legal proceeding, or if there is not enough money to

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satisfy in full the portion assigned to the litigation financier, you will not owe anything in excess of your recovery. 6. You are entitled to a fully completed litigation financing contract with no material terms or conditions omitted prior to signing. Before signing the litigation financing contract, or authorizing anyone to sign it on your behalf, you should read the contract completely and consult an attorney.' (d) Only the consumer shall be authorized to execute a litigation financing contract on his or her own behalf, except in such cases where the consumer lacks the legal capacity to execute a contract. The consumer's legal representative in the civil action, administrative proceeding, legal claim, or other legal proceeding seeking to recover monetary damages financed by the corresponding litigation financing agreement shall not execute a litigation financing contract on behalf of the consumer. A litigation financing contract executed by such legal representative on behalf of such consumer shall be void and unenforceable as a matter of law. (e) If the consumer is represented by a legal representative in the civil action, administrative proceeding, legal claim, or other legal proceeding that is the subject of the litigation financing agreement, the legal representative shall acknowledge in the litigation financing contract that the legal representative and the legal representative's employer and employees have not received or paid a commission, referral fee, rebate, or any other consideration from or to the litigation financier and have no obligation to do so in the future. (f) If the consumer's legal representative is a party to a litigation financing agreement related to the consumer's civil action, administrative proceeding, legal claim, or other legal proceeding that is the subject of the consumer's litigation financing agreement, the legal representative shall disclose and deliver a copy of his or her litigation financing contract to the consumer. Following such disclosure and delivery, the consumer shall sign an acknowledgment that the consumer has read and understands the terms and conditions of his or her legal representative's litigation financing contract. Such consumer shall be provided with a copy of such signed acknowledgment.

7-10-7. The provisions of this chapter shall not apply to:
(1) A nonprofit entity that provides litigation financing, directly or indirectly, for the benefit of such nonprofit entity or one or more of its members without receiving, in consideration for the litigation financing:
(A) The payment of interest, fees, or other consideration; or (B) Except for in-house counsel of such nonprofit entity, any right to recovery or payment from the amount of any judgment, award, settlement, verdict, or other form of monetary relief obtained in the civil action, administrative proceeding, legal claim, or other legal proceeding;

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(2) Any litigation financing provided by an entity engaged in commerce or business activity; provided, however, that this exemption shall apply only if such entity does not:
(A) Charge, contract for, collect, or receive any interest, fees, or other consideration; (B) Retain or receive any financial interest in the outcome of the civil action, administrative proceeding, legal claim, or other legal proceeding; or (C) Retain or receive any right to recovery or payment from the amount of any judgment, award, settlement, verdict, or other form of monetary relief obtained in the civil action, administrative proceeding, legal claim, or other legal proceeding; or (3) A lender that does not receive, in consideration for loaning money to any person, a right to receive payment from the value of any proceeds or other consideration realized from any judgment award, settlement, verdict, or other form of monetary relief any person may receive or recover in relation to any civil action, administrative proceeding, legal claim, or other legal proceeding.

7-10-8. Any violation of this chapter by a litigation financier renders the litigation financing agreement void and unenforceable by such litigation financier or any successor-in-interest to the litigation financing agreement.

7-10-9. (a) It is unlawful for a litigation financier to enter into or offer to enter into a litigation financing agreement unless such litigation financier is registered under this chapter. (b) A person that willfully violates this chapter shall be guilty of a felony and upon conviction thereof, shall be imprisoned not less than one nor more than five years, or fined not more than $10,000.00, or both; provided, however, that on the recommendation of the jury trying the case, when such recommendation is approved by the judge presiding on the trial, such crime shall be punished as a misdemeanor. If the judge trying the case deems it proper, such judge may, in fixing the punishment, reduce such felony to a misdemeanor. (c) The commissioner may refer to the Attorney General or the proper prosecuting attorney the name of any person acting as a litigation financier that is not registered or any applicant or registrant that is or may not be in compliance with this chapter; provided, however, that the Attorney General or the proper prosecuting attorney may institute criminal proceedings under this chapter with or without such referral. (d) This chapter does not limit the power of this state to punish a person for conduct that constitutes a crime under other laws of this state.

7-10-10. (a) The department is authorized to:
(1) Participate in the nation-wide multistate licensing system and registry in order to facilitate the sharing of information and standardization of the registration processes for litigation financiers by electronic or other means;

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(2) Enter into operating agreements, information sharing agreements, interstate cooperative agreements, and other contracts necessary for the department's participation in the nation-wide multistate licensing system and registry; (3) Request that the nation-wide multistate licensing system and registry adopt an appropriate privacy, data security, and security breach notification policy that is in full compliance with existing state and federal law; (4) Disclose or cause to be disclosed without liability via the nation-wide multistate licensing system and registry registration information, including, but not limited to, violations of this chapter and enforcement actions; (5) Establish and adopt, by rule or regulation, requirements for participation by registrants in the nation-wide multistate licensing system and registry upon the department's determination that each new or amended requirement is consistent with both the public interest and the purposes of this chapter; and (6) Pay all fees received from applicants and registrants related to registrations to the Office of the State Treasurer; provided, however, that the department may net such fees to recover the cost of participation in the nation-wide multistate licensing system and registry. (b) Irrespective of its participation in the nation-wide multistate licensing system and registry, the department retains full and exclusive authority over determinations whether to grant registrations to litigation financiers under this chapter. Nothing in this Code section shall be construed to reduce this authority. (c) Applicants and registrants shall be required to pay any charges associated with their utilization of the nation-wide multistate licensing system and registry.

7-10-11. The commissioner is authorized to adopt rules and other policies in overseeing the practice of litigation financing consistent with this chapter."

SECTION 3. Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to depositions and discovery under the "Georgia Civil Practice Act," is amended in Code Section 9-11-26, relating to general provisions governing discovery, by adding a new paragraph to subsection (b) to read as follows:
"(2.1)(A) Litigation financing agreement. A party may obtain discovery of the existence and terms and conditions of any litigation financing agreement, as such term is defined in Code Section 7-10-1, the subject of which is or includes the pending action; provided, however, that this subparagraph shall not apply to nonparties unless the litigation financing agreement is for $25,000.00 or more in funding. (B) Information concerning the litigation financing agreement is not by reason of disclosure admissible in evidence at trial; provided, however, that nothing in this

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subparagraph shall be construed to limit the admissibility of such information as evidence of a party's claim or defense;"

SECTION 4. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended in Code Section 40-8-76.1, relating to use of safety belts in passenger vehicles, by revising subsection (d) as follows:
"(d)(1) The failure of an occupant of a motor vehicle to wear a seat safety belt in any seat of a motor vehicle which has a seat safety belt or belts may be considered in any civil action as evidence admissible on the issues of negligence, comparative negligence, causation, assumption of risk, or apportionment of fault or for any other purpose and may be evidence used to diminish any recovery for damages arising out of the ownership, maintenance, occupancy, or operation of a motor vehicle; provided, however, that this paragraph shall not prevent a court from determining the admissibility of such evidence pursuant to Code Section 24-4-403 or any other statutory or common law rule of evidence. (2) The failure of an occupant of a motor vehicle to wear a seat safety belt in any seat of a motor vehicle which has a seat safety belt or belts shall not be any basis for a cancellation of insurance coverage or an increase in insurance rate."

SECTION 5. (a) Except as provided in subsections (b) and (c) of this section, this Act shall become effective on January 1, 2026. (b) Section 3 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to:
(1) Any civil action, administrative proceedings, legal claims, or other legal proceedings commenced on or after the effective date of this Act; and (2) Any contracts entered into on or after the effective date of this Act. (c)(1) Section 4 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (2) Section 4 of this Act shall not apply to causes of action pending on the effective date of this Act. Section 4 of this Act shall apply only to causes of action commenced on or after the effective date of this Act, and any causes of action commenced prior to the effective date of this Act shall be governed by prior law.

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Approved April 21, 2025.

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EDUCATION "RILEY GAINES ACT OF 2025"; ENACT.

No. 11 (Senate Bill No. 1).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to enact the "Riley Gaines Act of 2025"; to provide generally for competitively fair and safe student participation in school and college sports; to provide for legislative findings and intent; to promote fair and safe competition; to provide for equal athletic opportunities and safety; to provide for specific designations of teams operated or sponsored by local school systems, public schools, participating private schools, and postsecondary educational institutions in this state; to prohibit males from participating in interscholastic and intercollegiate competitions on teams designated as female; to prohibit females from participating in competition on intercollegiate teams designated as male, subject to exceptions; to provide for such exceptions; to provide for interscholastic coed team designations; to provide for the use of student eligibility rules, standards, and classifications; to provide for exceptions to general provisions; to require multiple occupancy restrooms and changing areas and sleeping quarters to be designated for exclusive use by males or females; to provide for reasonable accommodations; to provide for exceptions; to prohibit postsecondary educational institutions that are covered entities from hosting or sponsoring intercollegiate competitions that allow males to participate with teams designated as female or use multiple occupancy restrooms or changing areas and sleeping quarters designated for use by females; to prohibit such covered entities from awarding to males scholarships intended for female team members; to provide for policies, rules, and regulations; to provide for investigation of complaints of noncompliance; to provide for sanctions; to provide for a cause of action; to provide for definitions; to provide for statutory construction; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Riley Gaines Act of 2025."

SECTION 2. (a) The General Assembly finds that:
(1) There are inherent physical differences between males and females; (2) Decisions regarding the regulation of sports should be based on promoting and preserving competitive fairness and protecting student safety;

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(3) Protecting student athletes from harm and promoting and preserving the competitive fairness of sports are important state interests; and (4) Requiring the designation of separate, sex-specific athletic teams and sports is necessary to protect student athletes from harm and to promote and preserve the competitive fairness of sports. (b) It is the intent of the General Assembly that: (1) Student athletes have competitively fair and safe opportunities to participate and succeed in sports; and (2) Female student athletes have fair opportunities to demonstrate their strength, skills, and athletic abilities and to obtain recognition, accolades, college scholarships, and the numerous other long-term benefits that result from participating and competing in sports.

SECTION 3. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Part 14 of Article 6 of Chapter 2, relating to other educational programs under the "Quality Basic Education Act," by revising Code Section 20-2-315, relating to gender discrimination prohibited, authorized separate gender teams, equal athletic opportunity, physical education classes, employee designated to monitor compliance, grievance procedures, and reporting requirements, as follows:
"20-2-315. (a) This Code section shall be known and may be cited as the 'Riley Gaines Act.' (b) As used in this Code section, the term:
(1) 'Coed' means the inclusion of both males and females. (2) 'Compete,' 'competitive,' or 'competition' means a contest, game, match, tournament, or jamboree of teams in a sport. Such term shall not include practices, exhibitions, or scrimmages. (3) 'Contact sport' means a sport the purpose or a substantial component of which involves bodily contact. Such term includes, but shall not be limited to, basketball, boxing, football, ice hockey, lacrosse, martial arts, soccer, softball, rugby, volleyball, and wrestling. (4) 'Covered entity' means local school systems, public schools, and participating private schools. (5) 'Female' means an individual who has, had, will have, or, but for a developmental or genetic anomaly or historical accident, would have the reproductive system capable of producing human ovum. (6) 'Male' means an individual who has, had, will have, or, but for a developmental or genetic anomaly or historical accident, would have the reproductive system capable of producing human sperm. (7) 'Multiple occupancy restroom or changing area' means an area in a covered entity's building that is designed or designated to be used by one or more individuals of the same sex at the same time and in which one or more individuals may be in various stages of

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undress in the presence of other individuals. Such term includes, but shall not be limited to:
(A) Restrooms; (B) Locker rooms; (C) Changing rooms; and (D) Shower rooms. (8) 'Participating private school' means a private school in this state which operates or sponsors one or more teams that compete against one or more teams operated or sponsored by a local school system or public school in this state or that participate in competitions that are organized, sanctioned, or scheduled by an athletic association with members that include public schools. (9) 'Sex' means an individual's biological sex, either male or female. An individual's sex can be observed or clinically verified at or before birth and in no case is an individual's sex determined by stipulation or self-identification. (10) 'Sleeping quarters' means a room or other limited access designated space within a building or facility, such as a limited access designated space within a gymnasium, cafeteria, or auditorium or other performance space, in which more than one individual is housed overnight. (11) 'Sport' means an organized activity involving skill and physical effort undertaken by one or more teams according to established rules. Such term includes each such organized activity regardless of whether it is designated as a sport, an activity, or another similar designation by an athletic association that meets the requirements of Code Sections 20-2-316 through 20-2-316.3, 20-2-319, and 20-2-319.6. (12) 'Student athlete' means a student enrolled at a covered entity who participates or is eligible to participate on any sport or team. A student who is permanently ineligible to participate on a particular sport or team is not a student athlete for the purposes of such sport or team. (13) 'Team' means a single student or a group of students operated and sponsored by a covered entity for the purpose of participating in a sport. (c)(1) No student shall, on the basis of sex be discriminated against in any interscholastic or intramural sport operated or sponsored by a local school system or a public school. (2) A local school system or public school shall be authorized to operate or sponsor separate teams for members of each sex where selection for such teams is based upon competitive skill, competitive fairness, student safety, or the sport involved is a contact sport. (d)(1) For all interscholastic competitions, each covered entity shall designate each team operated or sponsored by such covered entity as one of the following: (A) Male; (B) Female; or (C) Coed.

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(2) Males shall not be allowed to participate in any interscholastic competition on any team that is designated as female. (3) Females shall not be allowed to participate in any interscholastic competition on any team that is designated as male; provided, however, that females may be allowed to participate in an interscholastic competition on a team that is designated as male if a corresponding team designated for females is not offered or available for interscholastic competitions. (4) Any student shall be allowed to participate in any interscholastic competition on a team that is designated as coed. (5) Nothing in this subsection shall be construed to prohibit males from participating in practices, exhibitions, or scrimmages with teams designated as female. (6) Nothing in this subsection shall be construed to authorize a covered entity or an athletic association, as such term is defined in Code Section 20-2-316, to verify or confirm a student's sex through visual inspection of such student's external sex organs for purposes of participation in competitions; provided, however, that this paragraph shall not prohibit reliance on medical records or other standard school medical procedures to verify or confirm a student's sex. (e)(1) A local school system or public school which operates or sponsors interscholastic or intramural teams shall undertake all reasonable efforts to provide equal athletic opportunity for members of both sexes. In determining whether equal opportunities are available, the following factors shall be considered:
(A) Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both sexes; (B) The provision of equipment and supplies; (C) Scheduling of games and practice time; (D) Travel allowance; (E) Opportunity to receive coaching and academic tutoring; (F) Assignment and compensation of coaches and tutors; (G) Provision of multiple occupancy restroom or changing areas and practice and competitive facilities; (H) Provision of medical and training facilities and services; and (I) Publicity. (2) Unequal aggregate expenditures for members of each sex or unequal expenditures for male and female teams if a local school system or public school operates or sponsors separate teams shall not constitute noncompliance with this subsection; provided, however, that the failure to provide essential funds for the basic operations of teams for one sex may be considered in assessing equality of opportunity for members of each sex. (3) Nothing in Code Section 20-2-411 shall be construed to limit the authority of a local school system or public school to expend school tax funds as authorized by Article VIII, Section VI, Paragraph I(b) of the Constitution in order to comply with the requirements of this Code section.

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(f)(1) Each covered entity shall provide separate multiple occupancy restrooms or changing areas and sleeping quarters on the basis of sex, and such facilities shall be comparable to such facilities provided for students of the other sex.
(2)(A) No covered entity shall operate or sponsor one or more teams in any interscholastic competition involving a local school system or public school that permits a male to use any multiple occupancy restroom or changing area or sleeping quarters designated for females in conjunction with such competition. (B) No covered entity shall operate or sponsor one or more teams in any interscholastic competition involving a local school system or public school that permits a female to use any multiple occupancy restroom or changing area or sleeping quarters designated for males in conjunction with such competition. (3)(A) To ensure the privacy and safety of student athletes, each covered entity that operates or sponsors one or more teams in any interscholastic competition involving a local school system or public school shall, in conjunction with such competition:
(i) Designate each multiple occupancy restroom or changing area and sleeping quarters for exclusive use by males or for exclusive use by females; and (ii) Provide a reasonable accommodation to individuals who are unwilling or unable to use a multiple occupancy restroom or changing area or sleeping quarters designated for each such individual's sex. (B) A reasonable accommodation under this paragraph may include, but shall not be limited to, allowing such individual to access a single occupancy restroom or changing area or sleeping quarters. (C) A reasonable accommodation under this paragraph shall not include allowing such individual to access a multiple or single occupancy restroom or changing area or sleeping quarters that is designated for use by members of the other sex while members of the other sex of the individual are present or may be present in such restroom or changing area or sleeping quarters. (4) Nothing in this subsection shall be construed or applied to prohibit an individual from entering a multiple occupancy restroom or changing area designated for use by individuals of the opposite sex when he or she enters such area for one of the following reasons: (A) For authorized custodial, maintenance, or inspection purposes; (B) To render emergency medical assistance; (C) To address an ongoing emergency, including, but not limited to, a physical altercation; (D) A minor child is accompanied by his or her parent or legal guardian who deems such entry necessary for the child's safety, welfare, or assistance; or (E) The performance of official duties and responsibilities as authorized coaches and trainers for purposes directly related to a competition or other official activity of a team, including practice.

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(5)(A) Except as provided in subparagraph (B) of this paragraph, a covered entity that sponsors or supervises an overnight trip in conjunction with a competition involving public school students shall ensure that each public school student attending such overnight trip either:
(i) Shares sleeping quarters with a member or, if necessary, multiple members, of the same sex; or (ii) Is provided single-occupancy sleeping quarters. (B) A public school student attending an overnight trip in conjunction with a competition may share sleeping quarters with a member of the opposite sex if the member of the opposite sex is a member of such student's immediate family. (g) This Code section shall not prohibit the grouping of students in physical education classes by sex. (h)(1) Subject to the provisions of paragraph (3) of this subsection, if a local school system or public school sponsors a sport at a particular school that is similar to a sport for which an institution in the University System of Georgia offers an athletic scholarship, it shall sponsor the sport for which a scholarship is offered at that school. This paragraph shall not affect academic requirements for participation nor prevent the local school system or public school from sponsoring activities in addition to those for which scholarships are provided. (2) Two sports that are similar may be offered simultaneously. (3) If a local school system or public school demonstrates by a bona fide survey of eligible students at the school, which is approved by the Department of Education for compliance with generally accepted opinion survey principles regarding neutral wording and other matters, that there is insufficient interest among students at the school to field a team described in paragraph (1) of this subsection, then the local school system or public school shall not be required to sponsor such sport at that school. The exemption provided for by this paragraph shall be valid for 24 months following the date when the most recent bona fide student survey demonstrating a lack of student interest was completed, unless a new bona fide student survey is conducted within the 24 month period that demonstrates sufficient interest to field a team. If such a new bona fide student survey demonstrates such sufficient interest, then the local school system or public school shall comply with paragraph (1) of this subsection during the next school year and until such time as a new bona fide student survey demonstrates insufficient interest to field a team described in paragraph (1) of this subsection. A local school system or public school shall conduct the bona fide student survey described in this paragraph regarding interest in a team described in paragraph (1) of this subsection upon the request of nine students at the school, but no more frequently than once every 12 months. (4) Nothing in this subsection shall be construed to preclude the application of generally applicable policies or rules regarding the cancellation of a sport due to lack of student participation in scheduled practices or competitions.

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(i) Each covered entity shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this Code section, including the investigation of any complaint communicated to such covered entity alleging its noncompliance with this Code section. The employee designated under this subsection may be the same individual required to be designated under 34 C.F.R. Section 106.8, as it existed on June 30, 2024. Each covered entity shall annually notify all its students of the name, office address, and office telephone number of the employee or employees appointed pursuant to this subsection. Such notification may be included in a student code of conduct distributed pursuant to Code Section 20-2-736. (j) Each local covered entity shall adopt and publish grievance procedures providing for prompt and equitable resolution of written student complaints, including complaints brought by a parent or guardian on behalf of his or her minor child who is a student, alleging any action which would be a violation of this Code section. Such procedures shall require that:
(1)(A) Except as provided in subparagraph (B) of this paragraph, the employee designated under subsection (i) of this Code section shall render his or her decision in writing no later than 30 days after receipt of the complaint, and such decision shall set forth the essential facts and rationale for the decision;
(B)(i) A student who is aggrieved by an alleged violation or anticipated violation of this Code section or his or her parent or guardian shall have a right to file a complaint with the employee designated in subsection (i) of this Code section with a request for an expedited preliminary determination as to whether a violation of this Code section exists or is about to occur. (ii) If an alleged violation or anticipated violation of this Code section is preliminarily determined by the employee designated in subsection (i) of this Code section to have occurred or is reasonably likely to occur, such designated employee shall issue a preliminary decision immediately and shall be authorized to direct in writing that the alleged violation or anticipated violation cease and desist pending a final resolution of such complaint. (iii) If a complaint with a request for an expedited preliminary determination brought pursuant to this subparagraph is rejected in whole or in part by the employee designated in subsection (i) of this Code section, such designated employee shall render his or her decision rejecting such complaint in writing to the complainant, and such decision shall set forth the essential facts and rationale for the decision; (2) A copy of such decision shall be provided to the complainant as soon as practicable but not later than the second business day following the date of the decision; and (3) A complainant shall have a right to appeal such decision to the local board of education or other public school governing body, in the case of a public school, or the participating private school's governing body, in the case of a participating private school, within 35 days of the date of the decision. A ruling on such appeal shall be rendered in

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writing in writing no later than 35 days after receipt of the appeal, and such decision shall set forth the essential facts and rationale for the ruling. (k)(1) A complainant may appeal a decision that is rendered under subsection (j) of this Code section in accordance with the procedures specified in Code Section 20-2-1160. If the State Board of Education determines that a local school system or public school has failed to comply with this Code section, then the state board shall provide the local school system or public school with opportunities to prepare a corrective plan. If the state board determines that a corrective plan of the local school system or public school adequately plans and provides for future compliance with this Code section, then the state board shall approve the plan and direct the local school system or public school to implement such plan. (2) If, upon a complaint filed pursuant to subsection (j) of this Code section after one year following the date of a state board order directing implementation of a corrective plan pursuant to paragraph (1) of this subsection but within four years of the date of such order, the state board determines that the local school system or public school which was subject to such order has willfully failed to comply with this Code section, the state board may, after consideration of the local school system's or public school's efforts to implement the corrective plan approved in the earlier proceeding and of any other corrective plan that may be submitted by the local school system or public school, transmit a certification of such determination to the Department of Community Affairs. If the state board's determination of noncompliance is later reversed or vacated upon appeal, the state board shall immediately notify the Department of Community Affairs of such action. (3) If, upon a complaint filed pursuant to subsection (j) of this Code section after one year following the date of a state board certification to the Department of Community Affairs pursuant to paragraph (2) of this subsection but within four years of the date of such order, the state board determines that the local school system or public school which was subject to such order has willfully failed to comply with this Code section, the state board may, after consideration of the local school system's or public school's efforts to implement a corrective plan approved in an earlier proceeding and of any other corrective plan that may be submitted by the local school system or public school, order that a team or teams within the local school system or public school shall not participate in interscholastic postseason competitions and that participation in violation of such an order may result in withholding of state funds allotted pursuant to Code Section 20-2-186. An order of the state board barring participation in interscholastic postseason competitions shall be made and announced before the beginning of a school year. (4) If, upon a complaint filed pursuant to subsection (j) of this Code section after one year following the date of a state board order prohibiting participation in interscholastic postseason competitions pursuant to paragraph (3) of this subsection but within four years of the date of such order, the state board determines that the local school system or public school which was subject to such order has willfully failed to comply with this Code

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section, the state board may, after consideration of the local school system's or public school's efforts to implement a corrective plan approved in an earlier proceeding and of any other corrective plan that may be submitted by the local school system or public school, withhold state funds that are allotted pursuant to Code Section 20-2-186 in an amount that the state board determines is sufficient to secure the local school system's or public school's compliance with this Code section. In the event that state funds are withheld pursuant to this paragraph, such funds shall later be allotted to the local school system or public school at such time as the state board determines that the local school system or public school is in compliance with this Code section. (l) The Department of Education may publish an annual report of local school systems and public schools which may include information regarding expenditures and participation rates for each sex and such other information as the state board and department deem relevant. (m)(1) In addition to any other rights or remedies otherwise provided by law, any student:
(A) Who is deprived of an athletic opportunity or suffers any harm as a result of a violation of this Code section shall have a private cause of action for injunctive relief, damages, and any other relief available under law. If an aggrieved student or such student's parent or guardian is the prevailing party in such action, such student or such student's parent or guardian shall be entitled to an award of monetary damages, including for any psychological, emotional, or physical harm suffered, reasonable attorney's fees, court costs, and expenses of litigation, and any other appropriate relief; or (B) Who is subject to retaliation or other adverse action by a covered entity or a local, state, regional, or national athletic conference or association as a result of reporting a violation of this Code section to an employee or representative such covered entity, athletic association or conference, or to any state or federal agency with oversight over covered entities in this state, shall have a private cause of action for injunctive relief, damages, and any other relief available under law. If an aggrieved student or such student's parent or guardian is the prevailing party in such action, the student or student's parent or guardian is the prevailing party in such action, such student shall be entitled to an award of monetary damages, including for any psychological, emotional, or physical harm suffered, reasonable attorney's fees, court costs, and expenses of litigation, and any other appropriate relief. (2) All civil actions brought under this subsection shall be initiated within two years after the alleged harm occurred. (n) Nothing in this Code section shall be construed to authorize or require a local school system, a public school, or any employee or agent thereof to confirm the sex of a student by visual inspection of such student's exterior sex organs. (o) Nothing in this Code section shall be construed to abrogate or otherwise affect the operation or application of the federal Individuals with Disabilities Education Act (IDEA),

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Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990."

SECTION 4. Said title is further amended in said part by revising paragraph (1) of subsection (b) and subparagraph (c)(1)(E) of Code Section 20-2-316, relating to involvement of athletic association in high school athletics, as follows:
"(1) The athletic association shall comply with the requirements of subsections (a) through (h) of Code Section 20-2-315, as those requirements relate to the athletic association's functions of organizing, sanctioning, scheduling, or rule making for events in which public high schools participate;"
"(E) The authority and duties of the executive oversight committee shall include: (i) To meet in person or remotely not less than twice each school year; (ii) To meet in person or remotely upon the call of the chairperson or a majority of the executive oversight committee; (iii) To establish policies and procedures for the executive oversight committee; (iv) To conduct any independent audit, review, or investigation the executive oversight committee deems necessary, including, but not limited to, the audit, review, or investigation of the classifications of participating schools and travel related issues of participating schools; and (v) To conduct an annual evaluation of the athletic association as a whole and present a report of its findings, recommendations, and conclusions to the General Assembly's High School Athletics Overview Committee; and"

SECTION 5. Said title is further amended in Article 1 of Chapter 3, relating to postsecondary education generally, by designating Code Section 20-3-1, relating to definitions, as Part 1, and by adding a new part to read as follows:

"Part 3

20-3-15. As used in this part, the term:
(1) 'Competition' means a contest, game, match, tournament, or jamboree of teams in a sport. Such term shall not include practices, exhibitions, or scrimmages. (2) 'Covered entity' means Georgia state schools and participating nonstate schools. (3) 'Female' means an individual who has, had, will have, or, but for a developmental or genetic anomaly or historical accident, would have the reproductive system capable of producing human ovum. (4) 'Georgia state school' means a postsecondary educational institution which is:
(A) An institution of the University System of Georgia; or

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(B) A unit of the Technical College System of Georgia. (5) 'Governing body' means the individual or entity responsible for establishing the policies, rules, and regulations for a covered entity, including, but not limited to, such policies, rules, and regulations for the operation of such covered entity's athletic department, if any, and the operation or sponsorship of such covered entity's intercollegiate competitions, sports, and teams. Such term shall not include any local, state, regional, or national athletic conference or athletic association. (6) 'Male' means an individual who has, had, will have, or, but for a developmental or genetic anomaly or historical accident, would have the reproductive system capable of producing human sperm. (7) 'Multiple occupancy restroom or changing area' means an area in a postsecondary educational institution's building that is designed or designated to be used by one or more individuals of the same sex at the same time and in which one or more individuals may be in various stages of undress in the presence of other individuals. Such term includes, but shall not be limited to:
(A) Restrooms; (B) Locker rooms; (C) Changing rooms; and (D) Shower rooms. (8) 'Participating nonstate school' means a private postsecondary educational institution that is eligible for tuition equalization grants in accordance with the provisions of Code Section 20-3-411 or any other private or public postsecondary educational institution that is not a Georgia state school whose students or teams participate in intercollegiate competitions against students or teams from a Georgia state school in this state; provided, however, that such term shall apply to such an institution only when and to the extent that such institution is participating in an intercollegiate competition against a Georgia state school in this state; and provided, further, that such term shall not apply to institutions when participating in intercollegiate competitions in this state exclusively against one or more other such institutions. (9) 'Sex' means an individual's biological sex, either male or female. An individual's sex can be observed or clinically verified at or before birth and in no case is an individual's sex determined by stipulation or self-identification. (10) 'Sleeping quarters' means a room or other limited access designated space within a building or facility, such as a limited access designated space within a gymnasium, cafeteria, or auditorium or other performance space, in which more than one individual is housed overnight. (11) 'Sport' means an organized activity involving skill and physical effort undertaken by one or more teams according to established rules. (12) 'Student athlete' means a student enrolled at a covered entity who participates in or is eligible to participate on any sport or team. A student who is permanently ineligible

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to participate on a particular sport or team is not a student athlete for the purposes of such sport or team. (13) 'Team' means a single student or a group of students operated and sponsored by a covered entity for the purpose of participating in a sport.

20-3-16. (a) Each governing body in this state shall adopt such policies, rules, and regulations as necessary to ensure the following for all intercollegiate competitions involving covered entities in this state:
(1) Each covered entity shall designate each team operated or sponsored by such covered entity as one of the following:
(A) Male; or (B) Female; (2)(A) Males shall not be allowed to participate in any intercollegiate competition in this state on any team that is designated as female. (B) Females shall not be allowed to participate in any intercollegiate competition in this state on any team that is designated as male; provided, however, that females may be allowed to participate in an intercollegiate competition in this state on a team that is designated as male if a corresponding team designated for females is not offered or available for intercollegiate competitions; (3)(A) Multiple occupancy restrooms or changing areas and sleeping quarters shall be available to student athletes on the basis of sex and such facilities shall be comparable to such facilities provided for students of the other sex. (B) No covered entity shall operate or sponsor one or more teams in any intercollegiate competition in this state that permits a male to use any multiple occupancy restroom or changing area or sleeping quarters designated for use by females in conjunction with such competition. (C) No covered entity shall operate or sponsor one or more teams in any intercollegiate competition in this state that permits a female to use any multiple occupancy restroom or changing area or sleeping quarters designated for use by males in conjunction with such competition. (D) To ensure the privacy and safety of student athletes, each covered entity that operates or sponsors one or more teams in any intercollegiate competition shall, in conjunction with such competition:
(i) Designate each multiple occupancy restroom or changing area and sleeping quarters for exclusive use by males or for exclusive use by females; and (ii) Provide a reasonable accommodation to individuals who are unwilling or unable to use a multiple occupancy restroom or changing area or sleeping quarters designated for each such individual's sex; and

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(E)(i) A reasonable accommodation under this paragraph may include, but shall not be limited to, allowing such individual to access a single occupancy restroom or changing area or sleeping quarters. (ii) A reasonable accommodation under this paragraph shall not include allowing such individual to access a multiple or single occupancy restroom or changing area or sleeping quarters that is designated for use by members of the other sex while members of the other sex of the individual are present or may be present in such restroom or changing area or sleeping quarters; (4) No covered entity shall host, sponsor, or participate in any intercollegiate competition in this state that permits a male to: (A) Participate in any intercollegiate competition in this state on any team that is designated as female; or (B) Use any multiple occupancy restroom or changing area or sleeping quarters designated for use by females in conjunction with such competition; (5) Nothing in subparagraph (a)(3)(D) or (a)(4)(B) of this Code section shall be construed or applied to prohibit an individual from entering a multiple occupancy restroom or changing area designated for use by individuals of the opposite sex when he or she enters such area for one of the following reasons: (A) For authorized custodial, maintenance, or inspection purposes; (B) To render emergency medical assistance; (C) To address an ongoing emergency, including, but not limited to, a physical altercation; (D) A minor child is accompanied by his or her parent or legal guardian who deems such entry necessary for the child's safety, welfare, or assistance; or (E) The performance of official duties and responsibilities as authorized coaches and trainers for purposes directly related to a competition or other official activity of a team, including practice; and (6) No covered entity shall award to a male an athletic scholarship allocated to, associated with, or otherwise intended for a female team member. (b) Nothing in this Code section shall be construed to prohibit males from participating in practices, exhibitions, or scrimmages with teams designated as female; provided, however, that nothing in this subsection shall be construed to permit a male to receive a scholarship in conjunction with such participation. (c) Nothing in this Code section shall be construed to authorize a covered entity or governing body to verify or confirm a student athlete's sex through visual inspection of such student athlete's external sex organs for purposes of participation in competitions; provided, however, that this paragraph shall not prohibit reliance on medical records or other standard school medical procedures to verify or confirm a student's athlete's sex. (d) Any covered entity or governing body that violates any provision of subsection (a) of this Code section shall be subject to the withholding of state funding. Such withholding of state funding may include funds provided to one or more postsecondary educational

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institutions or governing bodies directly, as well as funding for scholarships, loans, and grants pursuant to this chapter for students of such postsecondary educational institutions.
(e)(1) In addition to any other rights or remedies otherwise provided by law, any student: (A) Who is deprived of an athletic opportunity or suffers any harm as a result of a violation of this Code section shall have a private cause of action for injunctive relief, damages, and any other relief available under law. If an aggrieved student is the prevailing party in such action, such student shall be entitled to an award of monetary damages, including for any psychological, emotional, or physical harm suffered, reasonable attorney's fees, court costs, and expenses of litigation, and any other appropriate relief; or (B) Who is subject to retaliation or other adverse action by a covered entity, a governing body, or a local, state, regional, or national athletic conference or athletic association as a result of reporting a violation of this Code section to an employee or representative such covered entity, governing body, athletic conference or athletic association, or to any state or federal agency with oversight over postsecondary educational institutions in this state, shall have a private cause of action for injunctive relief, damages, and any other relief available under law. If an aggrieved student is the prevailing party in such action, such student shall be entitled to an award of monetary damages, including for any psychological, emotional, or physical harm suffered, reasonable attorney's fees, court costs, and expenses of litigation, and any other appropriate relief.
(2) All civil actions brought under this subsection shall be initiated within two years after the alleged harm occurred. (f) Nothing in this Code section shall be construed to abrogate or otherwise affect the operation or application of Section 504 of the federal Rehabilitation Act of 1973, the federal Americans with Disabilities Act of 1990, or the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191."

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Approved April 28, 2025.

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EDUCATION INTERSTATE COMPACT FOR SCHOOL PSYCHOLOGISTS; ENTER INTO.

No. 12 (House Bill No. 81).

AN ACT

To amend Chapter 6 of Title 20 of the Official Code of Georgia Annotated, relating to education compacts, so as to enter into the Interstate Compact for School Psychologists; to provide for a short title; to provide for definitions; to provide for the provisions of the compact; 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 6 of Title 20 of the Official Code of Georgia Annotated, relating to education compacts, is amended by adding a new article to read as follows:

"ARTICLE 3

20-6-25. This article shall be known and may be cited as the 'Interstate Compact for School Psychologists.'

20-6-26. As used in this article, the term:
(1) 'License' means, with reference to this state, a school psychology certificate issued by the Professional Standards Commission. (2) 'State licensing authority' means, with reference to this state, the Professional Standards Commission.

20-6-27. The Interstate Compact for School Psychologists is enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

'INTERSTATE COMPACT FOR SCHOOL PSYCHOLOGISTS SECTION 1. PURPOSE
The purpose of this compact is to facilitate the interstate practice of school psychology in educational or school settings, and in so doing to improve the availability of school psychological services to the public. This compact is intended to establish a pathway to allow school psychologists to obtain equivalent licenses to provide school psychological

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services in any member state. In this way, this compact shall enable the member states to ensure that safe and effective school psychological services are available and delivered by appropriately qualified professionals in their educational settings. To facilitate the objectives described above, this compact:
(1) Enables school psychologists who qualify for receipt of an equivalent license to practice in other member states without first satisfying burdensome and duplicative requirements; (2) Promotes the mobility of school psychologists between and among the member states in order to address workforce shortages and to ensure that safe and reliable school psychological services are available in each member state; (3) Enhances the public accessibility of school psychological services by increasing the availability of qualified, licensed school psychologists through the establishment of an efficient and streamlined pathway for licensees to practice in other member states; (4) Preserves and respects the authority of each member state to protect the health and safety of its residents by ensuring that only qualified, licensed professionals are authorized to provide school psychological services within that state; (5) Requires school psychologists practicing within a member state to comply with the scope of practice laws present in the state where the school psychological services are being provided; (6) Promotes cooperation between the member states in regulating the practice of school psychology within those states; and (7) Facilitates the relocation of military members and their spouses who are licensed to provide school psychological services.

SECTION 2. DEFINITIONS (a) "Active military member" means any person with full-time duty status in the armed forces of the United States, including members of the National Guard and Reserve. (b) "Adverse action" means disciplinary action or encumbrance imposed on a license by a state licensing authority. (c) "Alternative program" means a nondisciplinary, prosecutorial diversion, monitoring, or practice remediation process entered into in lieu of an adverse action which is applicable to a school psychologist and approved by the state licensing authority of a member state in which the participating school psychologist is licensed. This includes, but is not limited to, programs to which licensees with substance abuse or addiction issues may be referred in lieu of an adverse action. (d) "Commissioner" means the individual appointed by a member state to serve as the representative to the commission for that member state. (e) "Compact" means this school psychologist interstate licensure compact. (f) "Continuing professional education" means a requirement, imposed by a member state as a condition of license renewal to provide evidence of successful participation in

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professional educational activities relevant to the provision of school psychological services. (g) "Criminal background check" means the submission of fingerprints or other biometric-information for a license applicant for the purpose of obtaining that applicant's criminal history record information, as defined in 28 C.F.R. 20.3(d), and the state's criminal history record repository as defined in 28 C.F.R. 20.3(f). (h) "Doctoral level degree" means a graduate degree program that consists of at least 90 graduate semester hours in the field of school psychology including a supervised internship. (i) "Encumbered license" means a license that a state licensing authority has limited in any way other than through an alternative program, including temporary or provisional licenses. (j) "Executive committee" means the commission's chair, vice chair, secretary and treasurer and any other commissioners as may be determined by commission rule or bylaw. (k) "Equivalent license" means a license to practice school psychology which a member state has identified as a license which may be provided to school psychologists from other member states pursuant to this compact. (l) "Home state" means the member state that issued the home state license to the licensee and is the licensee's primary state of practice. (m) "Home state license" means the license that is not an encumbered license issued by the home state to provide school psychological services. (n) "License" means a current license, certification, or other authorization granted by a member state's licensing authority that permits an individual to provide school psychological services. (o) "Licensee" means an individual who holds a license from a member state to provide school psychological services. (p) "Member state" means a state that has enacted the compact and been admitted to the commission in accordance with the provisions herein and commission rules. (q) "Model compact" means the model language for the school psychologist interstate licensure compact on file with the council of state governments or other entity as designated by the commission. (r) "Practice of school psychology" means the delivery school psychological services. (s) "Qualifying national exam" means a national licensing examination endorsed by the national association of school psychologists and any other exam as approved by the rules of the commission. (t) "Qualifying school psychologist education program" means an education program which awards a specialist-level or doctoral-level degree or equivalent upon completion and is approved by the rules of the commission as meeting the necessary minimum educational standards to ensure that its graduates are ready, qualified, and able to engage in the practice of school psychology. (u) "Remote state" means a member state other than the home state where a licensee holds a license through the compact.

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(v) "Rule" means a regulation promulgated by an entity, including, but not limited to, the commission and the state licensing authority of each member state, that has the force of law. (w) "School psychological services" means academic, mental and behavioral health services including assessment, prevention, consultation and collaboration, intervention, and evaluation provided by a school psychologist in a school, as outlined in applicable professional standards as determined by commission rule. (x) "School psychologist" means an individual who has met the requirements to obtain a home state license that legally conveys the professional title of school psychologist, or its equivalent as determined by the rules of the commission. (y) "School psychologist interstate licensure compact commission" or "commission" means the joint government agency established by this compact whose membership consists of representatives from each member state that has enacted the compact, and as further described in Section 7. (z) "Scope of practice" means the procedures, actions, and processes a school psychologist licensed in a state is permitted to undertake in that state and the circumstances under which that licensee is permitted to undertake those procedures, actions, and processes. Such procedures, actions, and processes, and the circumstances under which they may be undertaken, may be established through means including, but not limited to, statute, regulations, case law, and other processes available to the state licensing authority or other government agency. (aa) "Specialist-level degree" means a degree program that requires at least 60 graduate semester hours or equivalent in the field of school psychology including a supervised internship. (bb) "State" means any state, commonwealth, district, or territory of the United States of America. (cc) "State licensing authority" means a member state's regulatory body responsible for issuing licenses or otherwise overseeing the practice of school psychology. (dd) "State specific requirement" means a requirement for licensure covered in coursework or examination that includes content of unique interest to the state. (ee) "Unencumbered license" means a license that authorizes a licensee to engage in the full and unrestricted practice of school psychology.

SECTION 3. STATE PARTICIPATION IN THE COMPACT (a) To be eligible to join this compact, and to maintain eligibility as a member state, a state must:
(1) Enact a compact statute that is not materially different from the model compact as defined in the commission's rules; (2) Participate in the sharing of information with other member states as reasonably necessary to accomplish the objectives of this compact, and as further defined in Section 8;

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(3) Identify and maintain with the commission a list of equivalent licenses available to licensees who hold a home state license under this compact; (4) Have a mechanism in place for receiving and investigating complaints about licensees; (5) Notify the commission, in compliance with the terms of the compact and the commission's rules, of any adverse action taken against a licensee, or of the availability of investigative information which relates to a licensee or applicant for licensure; (6) Require that applicants for a home state license have:
(A) Taken and passed a qualifying national exam as defined by the rules of the commission; (B) Completed a minimum of 1200 hours of supervised internship, of which at least 600 must have been completed in a school, prior to being approved for licensure; and (C) Graduated from a qualifying school psychologist education program; (7) Comply with the terms of this compact and the rules of the commission. (b) Each member state shall grant an equivalent license to practice school psychology in that state upon application by a licensee who satisfies the criteria of subsection (a) of Section 4. Each member state shall grant renewal of the equivalent license to a licensee who satisfies the criteria of subsection (b) of Section 4. (c) Member states may set and collect a fee for granting an equivalent license.

SECTION 4. SCHOOL PSYCHOLOGIST PARTICIPATION IN THE COMPACT (a) To obtain and maintain an equivalent license from a remote state under this compact, a licensee must:
(1) Hold and maintain an active home state license; (2) Satisfy any applicable state specific requirements established by the member state after an equivalent license is granted; (3) Complete any administrative or application requirements which the commission may establish by rule, and pay any associated fees; (4) Complete any requirements for renewal in the home state, including applicable continuing professional education requirements; and (5) Upon their application to receive a license under this compact, undergo a criminal background check in the member state in which the equivalent license is sought in accordance with the laws and regulations of such member state. (b) To renew an equivalent license in a member state other than the home state, a licensee must only apply for renewal, complete a background check, and pay renewal fees as determined by the licensing authority.

SECTION 5. ACTIVE MILITARY MEMBERS OR THEIR SPOUSES A licensee who is an active military member or is the spouse of an active military member shall be deemed to hold a home state license in any of the following locations:

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(1) The licensee's permanent residence; (2) A member state that is the licensee's primary state of practice; and (3) A member state where the licensee has relocated pursuant to a permanent change of station (PCS).

SECTION 6. DISCIPLINE/ADVERSE ACTIONS (a) Nothing in this compact shall be deemed or construed to limit the authority of a member state to investigate or impose disciplinary measures on licensees according to the state practice laws thereof. (b) Member states shall be authorized to receive, and shall provide, files and information regarding the investigation and discipline, if any, of licensees in other member states upon request. Any member state receiving such information or files shall protect and maintain the security and confidentiality thereof, in at least the same manner that it maintains its own investigatory or disciplinary files and information. Prior to disclosing any disciplinary or investigatory information received from another member state, the disclosing state shall communicate its intention and purpose for such disclosure to the member state which originally provided that information.

SECTION 7. ESTABLISHMENT OF THE SCHOOL PSYCHOLOGIST INTERSTATE LICENSURE COMPACT COMMISSION
(a) The member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the compact, and this agency shall be known as the school psychologist interstate licensure compact commission. The commission is an instrumentality of the member states acting jointly and not an instrumentality of any one state. The commission shall come into existence on or after the effective date of the compact as set forth in Section 11. (b) Membership, voting, and meetings:
(1) Each member state shall have and be limited to one delegate selected by that member state's state licensing authority. (2) The delegate shall be the primary administrative officer of the member state licensing authority or their designee who is an employee of the member state licensing authority. (3) The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits. (4) The commission may recommend removal or suspension of any delegate from office. (5) A member state's licensing authority shall fill any vacancy of its delegate occurring on the commission within 60 days of the vacancy. (6) Each delegate shall be entitled to one vote on all matters before the commission requiring a vote by commission delegates. (7) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates to meet by telecommunication, video conference, or other means of communication.

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(8) The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, video conference or other similar electronic means. (c) The commission shall have the following powers: (1) Establish the fiscal year of the commission; (2) Establish code of conduct and conflict of interest policies; (3) Establish and amend rules and bylaws; (4) Establish the procedure through which a licensee may change their home state; (5) Maintain its financial records in accordance with the bylaws; (6) Meet and take such actions as are consistent with the provisions of this compact, the commission's rules, and the bylaws; (7) Initiate and conclude legal proceedings or actions in the name of the commission, provided that the standing of any member state licensing authority to sue or be sued under applicable law shall not be affected; (8) Maintain and certify records and information provided to a member state as the authenticated business records of the commission, and designate an agent to do so on the commission's behalf; (9) Purchase and maintain insurance and bonds; (10) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state; (11) Conduct an annual financial review; (12) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; (13) Assess and collect fees; (14) Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety and/or conflict of interest; (15) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein; (16) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed; (17) Establish a budget and make expenditures; (18) Borrow money; (19) Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws; (20) Provide and receive information from, and cooperate with, law enforcement agencies;

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(21) Establish and elect an executive committee, including a chair and a vice chair; (22) Determine whether a state's adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact; and (23) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact. (d) The executive committee: (1) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee shall include:
(A) Oversee the day-to-day activities of the administration of the compact including enforcement and compliance with the provisions of the compact, its rules and bylaws, and other such duties as deemed necessary; (B) Recommend to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to member states, fees charged to licensees, and other fees; (C) Ensure compact administration services are appropriately provided, including by contract; (D) Prepare and recommend the budget; (E) Maintain financial records on behalf of the commission; (F) Monitor compact compliance of member states and provide compliance reports to the commission; (G) Establish additional committees as necessary; (H) Exercise the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and (I) Other duties as provided in the rules or bylaws of the commission. (2) The executive committee shall be composed of up to seven members: (A) The chair and vice chair of the commission shall be voting members of the executive committee; and (B) The commission shall elect five voting members from the current membership of the commission. (3) The commission may remove any member of the executive committee as provided in the commission's bylaws. (4) The executive committee shall meet at least annually. (A) Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, non-public meeting as provided in subsection (f) of this section.

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(B) The executive committee shall give 30 days' notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the commission. (C) The executive committee may hold a special meeting in accordance with subsection (e) of this section. (D) The commission shall adopt and provide to the member states an annual report. (E) Meetings of the commission:
(i) All meetings shall be open to the public, except that the commission may meet in a closed, non-public meeting as provided in subsection (f) of this section. (ii) Public notice for all meetings of the full commission of meetings shall be given in the same manner as required under the rule making provisions in Section 9, except that the commission may hold a special meeting as provided in subsection (e) of this section. (e) The commission may hold a special meeting when it must meet to conduct emergency business by giving 48 hours' notice to all commissioners, on the commission's website, and other means as provided in the commission's rules. The commission's legal counsel shall certify that the commission's need to meet qualifies as an emergency. (f) The commission or the executive committee or other committees of the commission may convene in a closed, non-public meeting for the commission or executive committee or other committees of the commission to receive legal advice or to discuss: (1) Noncompliance of a member state with its obligations under the compact; (2) The employment, compensation, discipline or other matters, practices or procedures related to specific employees; (3) Current or threatened discipline of a licensee by the commission or by a member state's licensing authority; (4) Current, threatened, or reasonably anticipated litigation; (5) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; (6) Accusing any person of a crime or formally censuring any person; (7) Trade secrets or commercial or financial information that is privileged or confidential; (8) Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (9) Investigative records compiled for law enforcement purposes; (10) Information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; (11) Matters specifically exempted from disclosure by federal or member state law; or (12) Other matters as promulgated by the commission by rule.

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(g) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes. (h) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction. (i) Financing of the commission:
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (2) The commission may accept any and all appropriate revenue sources as provided in paragraph (13) of subsection (c) of Section 7. (3) The commission may levy on and collect an annual assessment from each member state and impose fees on licensees practicing in the member states under an equivalent license to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the commission shall promulgate by rule. (4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state. (5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the commission. (j) Qualified immunity, defense, and indemnification: (1) The members, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance

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of any type by the commission shall not in any way compromise or limit the immunity granted hereunder. (2) The commission shall defend any member, officer, executive director, employee, and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct. (3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person. (4) Nothing herein shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws. (5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation. (6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the commission.

SECTION 8. FACILITATING INFORMATION EXCHANGE (a) The commission shall provide for facilitating the exchange of information to administer and implement the provisions of this compact in accordance with the rules of the commission, consistent with generally accepted data protection principles. (b) Notwithstanding any other provision of state law to the contrary, a member state shall agree to provide for the facilitation of the following licensee information as required by the rules of the commission, including:
(1) Identifying information; (2) Licensure data; (3) Adverse actions against a license and information related thereto;

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(4) Nonconfidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation not made confidential under member state law; (5) Any denial of application for licensure, and the reason(s) for such denial; (6) The presence of investigative information; and (7) Other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the commission. (c) Nothing in this compact shall be deemed or construed to alter, limit, or inhibit the power of a member state to control and maintain ownership of its licensee information or alter, limit, or inhibit the laws or regulations governing licensee information in the member state.

SECTION 9. RULE MAKING (a) The commission shall exercise its rule making powers pursuant to the criteria set forth in this interstate compact and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment. (b) The commission shall promulgate reasonable rules to achieve the intent and purpose of this interstate compact. In the event the commission exercises its rule making authority in a manner that is beyond purpose and intent of this interstate compact, or the powers granted hereunder, then such an action by the commission shall be invalid and have no force and effect of law in the member states. (c) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state. (d) Rules or amendments to the rules shall be adopted or ratified at a regular or special meeting of the commission in accordance with commission rules and bylaws. (e) Prior to promulgation and adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rule making:
(1) On the website of the commission or other publicly accessible platform; and (2) On the website of each member state licensing authority or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules. (f) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 48 hours' notice, with opportunity to comment, provided that the usual rule making procedures shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to: (1) Meet an imminent threat to public health, safety, or welfare; (2) Prevent a loss of commission or member state funds;

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(3) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or (4) Protect public health and safety.

SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT (a) Oversight:
(1) The executive and judicial branches of the state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement the compact. (2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any such similar matter. (3) The commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission service of process shall render a judgment or order void as to the commission, this compact, or promulgated rules. (b) Default, technical assistance, and termination: (1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the commission may take, and shall offer training and specific technical assistance regarding the default. (2) The commission shall provide a copy of the notice of default to the other member states. (c) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a supermajority of the delegates of the member states, and all rights, privileges and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default. (d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, the defaulting state's licensing authority and each of the member states' licensing authorities.

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(e) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. (f) Upon the termination of a state's membership from this compact, that state shall immediately provide notice to all licensees within that state of such termination. The terminated state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of said notice of termination. (g) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state. (h) The defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. (i) Dispute resolution:
(1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states. (2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. (j) Enforcement: (1) By majority vote as provided by rule, the commission may initiate legal action against a member state in default in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting member state's law. (2) A member state may initiate legal action against the commission in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. (3) No person other than a member state shall enforce this compact against the commission.

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SECTION 11. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT (a) The compact shall come into effect on the date on which the compact statute is enacted into law in the seventh member state.
(1) On or after the effective date of the compact indicated above, the commission shall convene and review the enactment of each of the charter member states to determine if the statute enacted by each such charter member state is materially different than the model compact statute.
(A) A charter member state whose enactment is found to be materially different from the model compact statute shall be entitled to the default process set forth in Section 10. (B) If any member state is later found to be in default, or is terminated or withdraws from the compact, the commission shall remain in existence and the compact shall remain in effect even if the number of member states should be less than seven. (2) Member states enacting the compact subsequent to the charter member states shall be subject to the process set forth in paragraph (22) of subsection (c) of Section 7 to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in the compact. (3) All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission. (A) Any state that joins the compact subsequent to the commission's initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state. (B) Any member state may withdraw from this compact by enacting a statute repealing the same. (b) A member state's withdrawal shall not take effect until 180 days after enactment of the repealing statute. (c) Withdrawal shall not affect the continuing requirement of the withdrawing state's licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal. (d) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of such notice of withdrawal. (1) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.

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(2) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

SECTION 12. CONSTRUCTION AND SEVERABILITY (a) This compact and the commission's rule making authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the commission's rule making authority solely for those purposes. (b) The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby. (c) Notwithstanding subsection (b) of this section, the commission may deny a state's participation in the compact or, in accordance with the requirements of subsection (b) of Section 10, terminate a member state's participation in the compact, if it determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.

SECTION 13. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
(a) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact. (b) Any laws, statutes, regulations, or other legal requirements in a member state in conflict with the compact are superseded to the extent of the conflict. (c) All permissible agreements between the commission and the member states are binding in accordance with their terms.'

20-6-28. The Professional Standards Commission shall be authorized to promulgate rules and regulations to implement the provisions of this article."

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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved April 28, 2025.

__________

EDUCATION QUALITY BASIC EDUCATION ACT; STUDENTS SIGNIFICANTLY AT RISK OF NOT ACHIEVING GRADE LEVEL
READING PROFICIENCY OR WITH CHARACTERISTICS OF DYSLEXIA; INCLUDE PROVISIONS.

No. 13 (House Bill No. 307).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to include provisions for students significantly at risk of not achieving grade level reading proficiency or with characteristics of dyslexia; to provide for support plans for such students; to provide for notice to parents and guardians of such students; to require the Department of Education to publish and distribute information relevant to dyslexia and students with characteristics of dyslexia; to require local school systems and public schools to distribute information relevant to dyslexia and students with characteristics of dyslexia; to provide for reporting; to prohibit the three-cueing systems model from being featured or promoted in high-quality instructional materials or structured literacy for students in kindergarten through third grade; to prohibit public schools from employing curricula, instructional materials, instructional practices, and other interventions that utilize the three-cueing systems model; to repeal a provision relating to reading recovery programs; to provide for written notification to parents and guardians; to repeal certain provisions setting deadlines applicable to the State Board of Education and the Department of Education that have expired; to provide for ongoing review and updating of required and authorized actions; to require additional reports by the Department of Education; to revise a short title; to repeal Code Section 20-2-159.6, relating to screening for dyslexia and related disorders, training and professional development, pilot program evaluating early intervention, and data reporting; to provide for the Georgia Literacy Coach Coordinating Committee within the Office of Student Achievement; to provide for duties and responsibilities for such council; to expand the purposes of the Georgia Council on Literacy to improving literacy outcomes for Georgia adults as well as students; to revise provisions for compensation of members of the Georgia Council on Literacy; to extend the automatic repealer on the Georgia Council on Literacy from 2026 to 2030; to provide for and revise definitions; to make conforming changes; to amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense

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allowance and travel cost reimbursement for members of certain boards and commissions, so as to include the Georgia Council on Literacy in the list of boards and commissions that receive certain expense allowance and reimbursement; 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:

PART I SECTION 1-1.

Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Part 3 of Article 6 of Chapter 2, relating to educational programs under the "Quality Basic Education Act," by revising subsection (c) of Code Section 20-2-153, relating to early intervention program for students at risk of not reaching or maintaining academic grade level, as follows:
"(c) The State Board of Education shall describe by rules and regulations such additional services, resources, support, or strategies as may be provided by the local school system. The specifications for delivery of early intervention services shall be the responsibility of local boards of education except that the program rules and regulations adopted by the State Board of Education shall be followed in designing the program delivery models. "

SECTION 1-2. Said title is further amended in said part by revising Code Section 20-2-153.1, relating to Georgia Early Literacy, uniform grade appropriate metrics to measure literacy, universal reading screeners, high-quality instructional materials aligned with the science of reading, support for literacy instruction, and reading intervention plans, as follows:
"20-2-153.1. (a) This Code section shall be known and may be cited as the 'Georgia Early Literacy and Dyslexia Act.' (b) As used in this Code section, the term:
(1) 'Board' means the State Board of Education. (2) 'Center' means the Sandra Dunagan Deal Center for Early Language and Literacy. (3) 'Characteristics of dyslexia' means persistent weaknesses in one or more areas of foundational reading skills and inadequate response to targeted intervention that indicates a need for more intensive intervention. (4) 'Council' means the Georgia Council on Literacy. (5) 'Department' means the Department of Education. (6) 'Dyslexia' means a specific learning disability that is neurological in origin. Dyslexia is characterized by difficulties with accurate or fluent word recognition and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other

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cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede the growth of vocabulary and background knowledge. (7) 'Foundational literacy skills' means phonological awareness, phonemic awareness, alphabet knowledge, phonics, oral reading fluency, spelling, vocabulary, reading comprehension, oral language, and rapid automatized naming. (8) 'High-quality instructional materials' means instructional materials aligned to the science of reading that instruct students in foundational literacy skills and grade-appropriate English language arts and reading standards approved by the board. Instructional materials that feature or promote the use of the three-cueing system shall not constitute high-quality instructional materials. (9) 'Parent' or 'guardian' means an individual who has legal authority to act on behalf of a child as a natural or adoptive parent, a legal guardian, or a legal agent. Such term shall also include a kinship caregiver, as such term is defined in Code Section 20-1-15. (10) 'Reading intervention' means evidence based strategies frequently used to remediate reading deficiencies and includes, but is not limited to, individual and small-group instruction that targets specific reading skills and abilities. (11) 'Science of reading' means the body of research that identifies evidence based approaches of explicitly and systematically teaching students to read, including foundational literacy skills that enable students to develop reading skills required to meet state standards in literacy. (12) 'Significantly at risk of not attaining grade level reading proficiency' means for students in kindergarten through third grade that such student's foundational literacy skills, as measured by scores on a universal reading screener and other quantitative and qualitative data, indicate that the student is at high risk of not attaining grade level reading proficiency. (13) 'Structured literacy' means an evidence based approach to teaching oral and written language aligned to the science of reading founded on the science of how children learn to read and characterized by explicit, systematic, cumulative, and diagnostic instruction in phonology, sound-symbol association, syllable instruction, morphology, syntax, and semantics. An approach to teaching oral and written language that features or promotes the three-cueing system shall not constitute structured literacy. (14) 'Three-cueing system' means any model for teaching students word reading based on meaning, structure and syntax, and visual cues. Such models are also referred to as 'MSV.' (15) 'Tiered reading intervention plan' means a plan that describes the evidence based reading intervention services a student will receive to support the student in reaching grade level proficiency in foundational literacy skills. (16) 'Universal reading screener' means a uniform tool that screens and monitors a student's progress in foundational literacy skills that is administered to students multiple times during the school year.

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(c)(1) The board, in consultation with the department and the Office of Student Achievement, shall establish such policies, rules, and regulations as necessary to implement uniform grade-appropriate metrics for measuring literacy. (2) As soon as practicable but not later than January 1, 2024, the board shall:
(A) Approve high-quality instructional materials to be used for teaching students in kindergarten through third grade to read; and (B) Establish a procedure for each public school and local school system to annually certify to the department that such school or school system's locally approved instructional materials and content, as defined in subsection (a) of Code Section 20-2-1017, constitute high-quality instructional materials. (3)(A) Every three years beginning in 2027, the center shall review and update, as appropriate, qualifications, timelines, and submission procedures for education service providers to submit one or more universal reading screeners to be considered for inclusion on the board's list of approved universal reading screener providers provided for in subparagraph (B) of this paragraph. (B) As soon as practicable but not later than May 15, 2025, the board shall approve the memorandum of agreement between the council and the department, as provided for in subparagraph (B) of paragraph (4) of this subsection, for a list of no more than five universal reading screeners, one of which shall be a free universal reading screener, for use by public schools and local school systems as part of their comprehensive literacy programs which meet the following criteria:
(i) Capable of providing relevant information to assist teachers with targeting instruction based on student needs; (ii) Capable of measuring foundational literacy skills; (iii) Capable of identifying students who are significantly at risk of not attaining grade level reading proficiency, including, but not limited to, identifying students with characteristics of dyslexia; (iv) Prescribed parameters on the time required to administer a universal reading screener with the primary objective of such prescription being to minimize impacts on instructional time; and (v) Capable of progress monitoring. (4)(A) By July 15 each year, the department shall publish on its public website the free universal reading screener and the list of other approved universal reading screeners, one of which each public school and local school system shall adopt and administer in order to comply with the requirements of subparagraph (B) of paragraph (3) of this subsection. (B) The council, in collaboration with the center and the Office of Planning and Budget, shall identify a free universal reading screener that meets the criteria established by the board as provided in subparagraph (B) of paragraph (3) of this subsection. The council shall enter into a memorandum of agreement with the

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department to make such universal reading screener available for use free of charge to public schools and local school systems. (5) The department shall publish on its public website and distribute by July 15 each year by electronic means to each local school system and public school in this state a dyslexia informational handbook that includes guidance, technical assistance, and training to assist all schools in the implementation of evidence based practices for instructing students with characteristics of dyslexia. Such handbook shall include, but shall not be limited to, the following information: (A) Evidence based practices designed specifically for students with characteristics of dyslexia; (B) Guidance on developing support plans for students with characteristics of dyslexia; (C) A list and brief description of the dyslexia related training programs accredited by the International Dyslexia Association and any other nationally or internationally recognized accrediting organization; and (D) A list of dyslexia endorsement programs approved by the Professional Standards Commission. (6) The department shall, in consultation with the University System of Georgia, the Professional Standards Commission, the Office of Student Achievement, Georgia's regional education service agencies, and literacy experts, develop or procure one or more training programs for kindergarten through third grade teachers on the science of reading, structured literacy, and foundational literacy skills that enable students to develop reading skills required to meet state standards in literacy. Such training programs shall be developed or procured to promote teachers' knowledge and skills for teaching all students to read, including students with dyslexia, and to ensure teachers have the knowledge and skills necessary to use approved universal reading screeners and to use assessment data to inform instruction based on student needs. (7) The department shall provide technical assistance to aid public schools and local school systems in implementing the provisions of this Code section. (8)(A) Beginning April 1, 2026, the department shall provide an annual report on the impacts of the implementation of the provisions of this Code section, including, but not limited to, reporting the results by school and school system of:
(i) The comprehensive summative assessment program for third grade students provided for in subsection (a) of Code Section 20-2-281; and (ii) The formative reading assessments for first and second grade students provided for in Code Section 20-2-280. (B) Such report shall also include analyses of the impact of use of universal reading screeners, the use of high-quality instructional materials, and instructional practices grounded in the science of reading. Such report shall be provided to the Governor, the President of the Senate, the Speaker of the House of Representatives, the chairperson of the House Committee on Education, the Senate Education and Youth Committee, the House Committee on Higher Education, the Senate Higher Education Committee, and

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the board, and shall be made available on the department's public website for access by the public. (d)(1) Local boards of education and public school governing bodies shall by August 1 each year: (A) Approve high-quality instructional materials for students in kindergarten through third grade; (B) Certify to the department that its locally approved instructional materials and content, as defined in subsection (a) of Code Section 20-2-1017, constitute high-quality instructional materials; (C) Report to the department the total number and percentage of students in kindergarten through third grade who were identified during the previous school year as having characteristics of dyslexia, including, but not limited to, total numbers and percentages by grade level; and (D) Certify in writing to the department that a copy of the dyslexia informational handbook provided for in paragraph (5) of subsection (c) of this Code section has been distributed by electronic means to each school administrator, teacher, and other school personnel employed by such local school system or public school. (2)(A) Each public school and local school system shall provide instructional support for kindergarten through third grade teachers that shall include:
(i) Onsite teacher training on the science of reading, structured literacy, foundational literacy skills, and evidence based decision making; (ii) Demonstrated lessons; and (iii) Prompt feedback for improving instruction. (B)(i) Any public school or local school system claiming that a lack of sufficient funding prevents such public school or local school system from providing instructional support as required in subparagraph (A) of this paragraph shall promptly and in writing notify the department and shall describe all efforts such school or school system has undertaken to secure sufficient funding from local, state, federal, and private sources. (ii) The department shall provide technical assistance and other guidance to public schools and local schools systems in identifying local, state, federal, and private funding sources to provide for instructional support as required in subparagraph (A) of this paragraph. (3)(A) Three times each school year each public school and local school system shall administer a universal reading screener to each student in kindergarten through third grade, with the first administration occurring within 30 school days of the beginning of the school year. (B) After each administration of a universal reading screener, each public school or local school system shall report the results to: (i) Parents and guardians of students who participated in the administration; and (ii) The department for analysis.

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(C) The results of the universal reading screeners administered to students shall not be used as part of any education assessment accountability program provided for in Article 2 of Chapter 14 of this title. (4)(A) Beginning August 1, 2024, public schools and local school systems shall implement tiered reading intervention plans for public school students in kindergarten through third grade who at any time during the school year are determined to be significantly at risk of not attaining grade level reading proficiency, as measured by performance on a universal reading screener approved by the board and other qualitative and quantitative data. Each such tiered reading intervention plan shall be implemented no later than 30 school days after such determination has been made and shall describe the evidence based reading intervention services the student will receive to address the student's difficulties and ensure the student becomes proficient in foundational literacy skills. Such tiered reading intervention plans should be incorporated into and included as part of the school's existing multitiered system of supports or response to intervention frameworks. (B) Each student who has been determined to be significantly at risk of not attaining grade level reading proficiency shall receive intensive reading intervention until such student is determined to no longer be significantly at risk of not attaining grade level reading proficiency. (C) The parent or guardian of any student in kindergarten through third grade who at any time during the school year has been determined to be significantly at risk of not attaining grade level reading proficiency shall be notified in writing by the student's school no later than 15 school days after such determination has been made. Such written notification shall include:
(i) That the student has been determined to be significantly at risk of not attaining grade level reading proficiency; (ii) That a tiered reading intervention plan will be implemented by an educator at the student's school; (iii) Results of the student's performance on the universal reading screeners administered to date and other data used to make such determination; (iv) A description of the current services provided to the student; (v) A description of proposed evidence based reading interventions and supplemental instructional services and supports to be provided to the student that are designed to remedy the identified area or areas in which the student is significantly at risk of not attaining grade level reading proficiency to ensure the student becomes proficient in foundational literacy skills; (vi) Notification that the parent or guardian will be informed in writing of the student's progress toward grade level reading; and (vii) Strategies for parents and guardians to use at home to help their child succeed in reading.

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(D) For each student who has been determined to be significantly at risk of not attaining grade level reading proficiency and who does not make adequate progress toward grade level reading despite receiving evidence based reading interventions and supplemental instructional services and supports, additional quantitative and qualitative data shall be collected and examined in conjunction with universal reading screener data to identify whether the student may have characteristics of dyslexia. (5) The parent or guardian of any student in kindergarten through third grade who at any time during the school year is identified as having characteristics of dyslexia shall be notified in writing by the student's school no later than 15 school days after the identification. Such written notification shall include: (A) That the student has been identified as having characteristics of dyslexia; (B) That a support plan for students with characteristics of dyslexia will be implemented by the student's teacher; (C) A description of the qualitative and quantitative data used to make the identification, including the student's rate of progress toward grade level reading with prior intervention support; (D) A description of proposed changes or additions to the evidence based reading interventions and supplemental instructional services and supports to be provided to the student that are designed to ensure the student becomes proficient in foundational literacy skills; (E) Notification that the parent or guardian will be informed in writing of the student's progress toward grade level reading; (F) Information and resource material regarding dyslexia; (G) Strategies for parents and guardians to use at home to help their child succeed in reading; and (H) Notification that the parent or guardian shall have the right to elect, in writing, that the student not receive the support plan and the proposed changes or additions to the evidence based reading interventions and supplemental instructional services and supports. (6)(A) No local school system or public school shall use a program of foundational skills instruction for students in kindergarten through third grade that is based on any curriculum, instructional materials, instructional practices, or other interventions that utilize the three-cueing systems model for teaching word reading. (B) Each local school system and public school shall ensure that all instructional materials used to teach students in kindergarten through third grade:
(i) Are high-quality instructional materials; and (ii) Do not utilize the three-cueing system model for teaching word reading. (C) Instruction in public schools and local school systems shall not employ the three-cueing system or visual memory as a basis for teaching word reading. Instruction may include visual information and strategies which improve background and

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experiential knowledge, add context, and increase oral language and vocabulary to support comprehension, but shall not be used to teach word reading. (7) By August 1, 2025, all kindergarten through third grade teachers shall complete a training program developed or procured pursuant to paragraph (6) of subsection (c) of this Code section. (e)(1) There is established within the Office of Student Achievement the Georgia Literacy Coach Coordinating Committee. Such committee shall comprise, at a minimum, the Georgia Literacy Coach, the Coordinator of Georgia Literacy Coaching, a representative of the Department of Education, at least one representative of Georgia's regional education services agencies, a representative of a research based education organization with subject matter expertise identified by the Georgia Council on Literacy, and other subject matter experts identified by the Georgia Literacy Coach or the Georgia Council on Literacy. (2) The Office of Student Achievement shall employ: (A) The Georgia Literacy Coach; and (B) The Coordinator of Georgia Literacy Coaching, who shall be responsible for:
(i) Serving as the chairperson of the Georgia Literacy Coach Coordinating Committee; (ii) Coordinating state-wide literacy coaching efforts; (iii) Serving as the primary liaison with the Department of Education with respect to state-wide literacy coaching efforts; (iv) Direction and oversight of literacy coaches affiliated with the Department of Education or a regional education service agency whose positions are supported with state or federal funds; and (v) Coordinating with designated organizations affiliated with the Georgia Council on Literacy with respect to research, best practices, and proactive intervention strategies for birth to adult language and literacy learning. (f) Nothing in this Code section shall be construed to abrogate or otherwise affect the operation or application of the federal Individuals with Disabilities Education Act (IDEA) or Section 504 of the federal Rehabilitation Act of 1973. (g) This Code section shall not be subject to waivers pursuant to Code Section 20-2-82 for a strategic waivers school system, Code Section 20-2-244 for a local board of education, Code Section 20-2-2063.2 for a charter system, or Code Section 20-2-2065 for a charter school established pursuant to Article 31 or Article 31A of this chapter, a charter system, or schools within a charter system, or any state special school."

SECTION 1-3. Said title is further amended in said part by repealing Code Section 20-2-159.6, relating to screening for dyslexia and related disorders, training and professional development, pilot program evaluating early intervention, and data reporting.

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PART II SECTION 2-1.

Said title is further amended in Article 4 of Chapter 1, relating to Council on Literacy, by revising paragraph (2) of Code Section 20-1-40, relating to definitions, as follows:
"(2) 'Evidence based literacy instruction methods and curricula' means instructional materials, instructional practices, and curricula that are scientifically based, including oral language development, phonological awareness, and phonics instruction that includes decoding and encoding, fluency, writing, vocabulary, reading, and comprehension. Instructional materials that feature or promote the use of the three-cueing system, as such term is defined in Code Section 20-2-153.1, shall not constitute high-quality instructional materials."

SECTION 2-2. Said title is further amended in said article by revising Code Section 20-1-41, relating to council created, as follows:
"20-1-41. There is established the Georgia Council on Literacy for the purpose of conducting comprehensive reviews of birth to postsecondary programs, the alignment of state support for such programs, and other issues related to improving the literacy outcomes of Georgia students and adults."

SECTION 2-3. Said title is further amended in said article by revising subsection (c) of Code Section 20-1-43, relating to meetings, executive committee of voting members, and expenses, as follows:
"(c) Legislative members of the council shall receive the allowances provided for in Code Section 28-1-8. Nonlegislative members of the council shall receive a daily expense allowance in the amount specified in subsection (a) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. Members of the council who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the council, but shall be reimbursed for expenses incurred by them in the performance of their duties as members of the council in the same manner as they are reimbursed for expenses in their capacities as state officials or state employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this article shall come from funds appropriated to the Senate and the House of Representatives."

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SECTION 2-4. Said title is further amended in said article by revising paragraph (1) of subsection (a) of Code Section 20-1-44, relating to duties and authority relative to the Georgia Council on Literacy, as follows:
"(1) Work in partnership with the State Board of Education and the Department of Education to implement the requirements of the Georgia Early Literacy and Dyslexia Act as provided for in Code Section 20-2-153.1;"

SECTION 2-5. Said title is further amended in said article by revising Code Section 20-1-45, relating to termination, as follows:
"20-1-45. The council shall be abolished and this article shall stand repealed on December 31, 2030."

SECTION 2-6. Code Section 45-7-21 of the Official Code of Georgia Annotated, relating expense allowance and travel cost reimbursement for members of certain boards and commissions, is amended by adding a new paragraph to subsection (a) to read as follows:
"(2.3) Georgia Council on Literacy;"

PART III SECTION 3-1.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

Approved April 28, 2025.

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EDUCATION "GEORGIA SUPPORTING LIVING DONOR EDUCATORS ACT"; ENACT.

No. 14 (House Bill No. 235).

AN ACT

To amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to education, so as to require employers of public school teachers and employees and postsecondary employees to provide leaves of absence for the donation of bone marrow and organs; to provide for standards and conditions for granting such leaves of absence; to prohibit waivers of such leaves of absence; to provide for definitions; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Georgia Supporting Living Donor Educators Act."

SECTION 2. Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to education, is amended by adding a new Code section to read as follows:
"20-1-12. (a) As used in this Code section, the term:
(1) 'Organ' means a human organ, including the eye, that is capable of being transferred from the body of a person to the body of another person. (2) 'Public school employee' shall have the same meaning as set forth in Code Section 20-2-910. (3) 'Public school teacher' shall have the same meaning as set forth in Code Section 20-2-880. (4) 'Postsecondary employee' shall include any person employed not less than half time by the University System of Georgia or any institution thereof or the Technical College System of Georgia or any unit thereof; provided, however, that such term shall not be deemed to include any emergency or temporary employee. (b) Each public school teacher and public school employee shall be entitled to receive the following leaves of absence, without loss of pay: (1) Not more than seven days for the purpose of bone marrow donation for transplantation, which shall not be charged against or deducted from any annual or sick

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leave and shall be included as service in computing any retirement or pension benefits; and (2) Not more than 30 days for the purpose of organ donation for transplantation, which shall not be charged against or deducted from any annual or sick leave and shall be included as service in computing any retirement or pension benefits. (c) Each postsecondary employee shall be entitled to receive the following leaves of absence, without loss of pay: (1) Not more than seven days for the purpose of bone marrow donation for transplantation, which shall not be charged against or deducted from any annual or sick leave; and (2) Not more than 30 days for the purpose of organ donation for transplantation, which shall not be charged against or deducted from any annual or sick leave. (d) No individual shall be entitled to a leave of absence provided for in this Code section unless he or she furnishes a statement from a medical practitioner who is to perform such transplantation procedure or from a hospital administrator where such procedure is to be performed that such individual is making a bone marrow or organ donation. Such statement shall be furnished to such individual's employer no less than seven days prior to any leave of absence to be scheduled. (e) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for a strategic waivers school system, Code Section 20-2-244 for a local board of education, or Code Section 20-2-2063.2 for a charter system."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved April 28, 2025.

__________

EDUCATION "LOCAL CHARTER SCHOOL AUTHORIZATION AND SUPPORT ACT OF 2025"; ENACT.

No. 15 (Senate Bill No. 82).

AN ACT

To amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Charter School Act of 1998," so as to enact the "Local Charter School Authorization and Support Act of 2025"; to provide for the State Board of Education in collaboration with the State Charter Schools Commission to establish a program for the purposes of promoting and supporting the approval of new local charter school petitions by local boards of education

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and to provide incentive grants to local boards of education that approve new local charter school petitions; to provide for the award and use of such incentive grants; to provide for the Department of Education to implement and administer such incentive programs and for the Office of Charter School Compliance to provide technical assistance to local school systems; to require local boards of education to provide certain written statements to the State Board of Education and the Office of Charter School Compliance upon denying a local charter school petition whereupon the corresponding state charter school petition is approved by the State Charter Schools Commission, subject to an exception; to provide for accountability for local boards of education that deny two or more local charter school petitions whereupon the corresponding state charter school petition is approved by the State Charter Schools Commission during a certain period; to provide for local boards of education to reconsider the denial of local charter school petitions; to require the Office of Charter School Compliance to prepare guidelines for local boards of education for the evaluation of charter school petitions; to revise reporting; to provide for legislative findings and intent; to provide for automatic repealers; 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. (a) The General Assembly finds that charter schools, including locally authorized charter schools, provide innovative and effective educational opportunities for students in Georgia. (b) It is the intent of the General Assembly to:
(1) Encourage local school systems to serve as local authorizers of charter schools; (2) Provide financial incentives to local school systems that authorize and oversee charter schools; and (3) Ensure accountability for local school systems that consistently deny charter petitions that are subsequently approved by the State Charter Schools Commission.

SECTION 2. This Act shall be known and may be cited as the "Local Charter School Authorization and Support Act of 2025."

SECTION 3. Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Charter School Act of 1998," is amended by revising Code Section 20-2-2064, relating to approval or denial of petition relative to the "Charter Schools Act of 1998," as follows:
"20-2-2064. (a) A charter petitioner seeking to create a conversion charter school shall submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board shall by a majority vote approve or deny a petition no later

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than 90 days after its submission unless the petitioner requests an extension; provided, however, that a denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial; and provided, further, that the local board shall not act upon a petition for a conversion charter school, including, but not limited to, a conversion charter for a high school cluster, until such petition:
(1)(A) Has been freely agreed to, by secret ballot, by a majority of the faculty and instructional staff members of the petitioning local school at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the local board for its approval; and (B) Has been freely agreed to, by secret ballot, by a majority of the parents or guardians of students enrolled in the petitioning local school present at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the local board for its approval; or (2) If for a high school cluster, has been approved by a majority of the school councils in the high school cluster and has been freely agreed to, by secret ballot, by at least 60 percent of the combined vote of the faculty and instructional staff members of the high school cluster and the parents or guardians of students who reside in the attendance zone of such high school cluster present at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the local board for its approval. Each school council within the high school cluster shall appoint two representatives to a committee that shall conduct the vote. (3) The provisions of this subsection shall not apply to a system charter school petitioning to be a conversion charter school. (b) A charter petitioner seeking to create a start-up charter school shall submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board shall by a majority vote approve or deny a petition no later than 90 days after its submission unless the petitioner requests an extension. A denial of a petition by a local board shall not preclude the submission of a revised petition to the local board that addresses deficiencies cited in the denial. (c) A system charter school's school council or governing council, as applicable, may petition to become a conversion charter school. The petition shall be submitted to the local board of the charter system in which the school is located. The local board shall by a majority vote approve or deny a petition no later than 90 days after its submission unless the petitioner requests an extension; provided, however, that a denial of a petition by a local board shall not preclude the submission of a revised petition to the local board that addresses deficiencies cited in the denial. (d)(1) A local board shall approve a petition that complies with the rules, regulations, policies, and procedures promulgated in accordance with Code Section 20-2-2063 and the provisions of this title and is in the public interest.

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(2) If a local board denies a petition, it shall within 20 business days provide a written statement of denial to the charter petitioner, the state board, and the Office of Charter School Compliance specifically stating the reasons for the denial and listing all deficiencies with respect to Code Section 20-2-2063, detailing existing access to school choice options for students in the local school system, and assessing the academic performance of existing local schools in the area the charter school proposed to serve. Within three days of such written statement being received by the Office of Charter School Compliance, such written statement shall be published on the public website of the Office of Charter School Compliance. (3) If a local board denies a local charter school petition with a single-school system attendance zone and the corresponding state charter school petition with single-school system attendance zones is subsequently approved by the State Charter Schools Commission as provided in Code Section 20-2-2084:
(A) The Office of Charter School Compliance shall notify the local board of such approval; and (B) The state board and the Office of Charter School Compliance may, upon review of the local school system's written statement of denial provided for in paragraph (2) of this subsection and the State Charter Schools Commission's rationale for approving the charter petition, provide guidance to or recommend authorizer training for the local school system, as appropriate. (4)(A) Except as provided for in subparagraph (B) of this paragraph, if the local board of a local school system with enrollment of 10,000 to 60,000 students based on such local school system's full-time equivalent program count calculated as provided for in subsection (b) of Code Section 20-2-160, denies two or more local charter school petitions with single-school system attendance zones, and the corresponding state charter school petitions with single-school system attendance zones are subsequently approved by the State Charter Schools Commission as provided in Code Section 20-2-2084 during the same term of such local school system's charter system contract or strategic waivers school system contract, such local school system shall not be eligible or authorized to renew its charter system status granted under Code Section 20-2-2063.2 or any strategic waivers granted under Article 4 of this chapter for up to three years following the termination or expiration of its current charter system contract or strategic waivers school systems contract, or until the state board determines the local school system has demonstrated its commitment to increasing student performance and encouraging innovation through high quality local charter petition authorizations. (B) Except as provided for in subparagraph (C) of this paragraph, if the local board of a local school system with enrollment of more than 60,000 students, based on such local school system's full-time equivalent program count calculated as provided for in subsection (b) of Code Section 20-2-160, denies three or more local charter school petitions with single-school system attendance zones, and the corresponding state

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charter school petitions with single-school system attendance zones are subsequently approved by the State Charter Schools Commission as provided in Code Section 20-2-2084 during the same term of such local school system's charter system contract or strategic waivers school system contract, such local school system shall not be eligible or authorized to renew its charter system status granted under Code Section 20-2-2063.2 or any strategic waivers granted under Article 4 of this chapter for up to three years following the termination or expiration of its current charter system contract or strategic waivers school systems contract, or until the state board determines the local school system has demonstrated its commitment to increasing student performance and encouraging innovation through high quality local charter petition authorizations. (C) The provisions of subparagraphs (A) and (B) of this paragraph shall not apply to a local school system with a charter system contract or strategic waivers school system contract that, according to the terms of such contract in place on January 1, 2025, will expire on or before July 1, 2025, until the term of such local school system's new or renewed charter system contract or strategic waivers school system contract begins. (5) This paragraph and paragraphs 3 and 4 of this subsection shall stand automatically repealed on July 1, 2035. (e) The state board or the Charter Advisory Committee, if directed by the state board to do so, may mediate between the local board and a charter petitioner whose petition was denied to assist in resolving issues which led to denial of the petition by the local board."

SECTION 4. Said article is further amended by adding a new Code section to read as follows:
"20-2-2064.2. (a) The State Board of Education in collaboration with the State Charter Schools Commission shall establish a program for the purposes of promoting and supporting the approval of new local charter school petitions by local boards of education and to provide incentive grants to local boards of education that approve new local charter school petitions. The State Charter Schools Commission shall promulgate such rules and regulations as it deems necessary to carry out the provisions and intent of this Code section.
(b)(1) Subject to appropriations, for each new local charter school petition approved by a local board of education after June 30, 2025, such local board of education shall receive an incentive grant of $250,000.00 by August 1 of each of the three years following such approval, provided that such local charter school remains authorized by such local board of education. In the event that available appropriations are not sufficient to cover the total amount of such incentive grants provided for in this subsection, the amount of each such grant shall be reduced proportionally, providing incentive grants in equal amounts to each such local board of education.

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(2) Incentive grants provided for in paragraph (1) of this subsection shall be provided only for the approval of new local charter school petitions and not for the approval or renewal of an existing local charter school. (c) Incentive grants awarded pursuant to subsection (b) of this Code section may be used by the receiving local board of education for expenses incurred by the local board of education in its role as a local charter school authorizer, which may include, but shall not be limited to, hiring qualified personnel and providing for oversight, compliance monitoring, and professional development related to local charter school authorization. (d) The Department of Education shall implement and administer the incentive grant program provided for in subsection (b) of this Code section and the Office of Charter School Compliance shall provide technical assistance necessary to local school systems in support of compliance with the requirements of this Code section. (e) This Code section shall stand automatically repealed on July 1, 2035."

SECTION 5. Said article is further amended in Code Section 20-2-2069, relating to the Office of Charter School Compliance and the Office of District Flexibility, by revising subsection (a) as follows:
"(a) There is established within the State Charter Schools Commission an Office of Charter School Compliance, which shall be staffed with personnel as provided for in subsection (d.1) of Code Section 20-2-2082, who shall report directly to the State Board of Education for purposes of this subsection. The responsibilities of such office shall be to:
(1) Prepare charter school guidelines to be approved by the state board; (2) Distribute charter school petition information to inquiring parties; (3) Process all charter school petitions and coordinate with the Charter Advisory Committee established pursuant to Code Section 20-2-2063.1 to facilitate its review and recommendations to the state board; (4) Administer any state or federal charter school implementation grant program; (5) Contract with an independent party to evaluate the performance of charter schools, as such performance relates to fulfilling the terms of their charters; (6) Compile information necessary to produce the annual report required by Code Section 20-2-2070, which shall include, but shall not be limited to, information regarding the effectiveness of the incentives and the adherence of local school systems to the requirements provided for in Code Sections 20-2-2064 and 20-2-2064.2; (7) Prepare guidelines for local boards of education for the evaluation of charter school petitions. Such guidelines shall be published on the public website of the Department of Education and shall include:
(A) Criteria for evaluating the academic, operational, and financial plans of the charter petitioner; (B) Best practices for conducting a thorough and objective review of charter petitions;

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(C) Procedures for public hearings and community input on charter petitions; and (D) A standardized evaluation rubric for use by local boards of education during the evaluation of charter petitions; and (8) Provide technical assistance to local school systems as charter school authorizers, support local school systems as needed to implement best practices in charter school authorization, and regularly engage with local school systems to promote charter school authorization at the local level."

SECTION 6. Said article is further amended by revising Code Section 20-2-2070, relating to annual report to General Assembly, as follows:
"20-2-2070. No later than December 31 each year, the state board shall submit a report on the status of the charter school program to the Speaker of the House of Representatives; the President of the Senate; the chairpersons of the House Committee on Education, the Senate Education and Youth Committee, the House Committee on Appropriations, and the Senate Appropriations Committee; and the Office of Planning and Budget."

SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Approved April 28, 2025.

__________

EDUCATION COMPULSORY ATTENDANCE; PROVISIONS OF THE STATE'S COMPULSORY SCHOOL ATTENDANCE LAWS; UPDATE AND REVISE.

No. 16 (Senate Bill No. 123).

AN ACT

To amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20, relating to compulsory attendance, so as to update and revise provisions of the state's compulsory school attendance laws; to provide that no student shall be expelled by a public school due solely to absenteeism; to require each student attendance and school climate committee to meet no

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later than November 1, 2025, and at least twice annually thereafter; to require such committees to adopt certain protocols by June 1, 2026; to authorize such committees to address chronic absenteeism; to provide for reporting requirements; to provide for definitions; to require local boards of education adopt policies and procedures for attendance review teams and intervention plans for chronically absent students; to provide for attendance review teams; to provide for reports; to repeal and reenact provisions for students to be excused from school for taking tests and physical exams for military service; to update statutory language and make conforming changes; to amend Code Section 20-4-141 of the Official Code of Georgia Annotated, relating to establishment of pilot program, awarding of high school diploma to successful participants, skills and knowledge, eligibility for participation, and regulation, so as to make conforming changes; 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. Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20, relating to compulsory attendance, is amended by revising paragraph (7) of subsection (f) of Code Section 20-2-690, relating to educational entities, requirements for private schools and home study programs, and learning pod protection, as follows:
"(7) Participation in a learning pod to facilitate a remote learning option offered by the student's primary education provider shall satisfy all compulsory attendance requirements provided for in Code Section 20-2-690.1."

SECTION 2. Said subpart is further amended by revising Code Section 20-2-690.1, relating to mandatory education for children between ages six and 16, as follows:
"20-2-690.1. (a) As used in this subpart, the terms 'parent' and 'parent or guardian' shall mean a biological parent, legal guardian, custodian, or other person with legal authority to act on behalf of a child. (b) Each child in this state shall be required to attend a public school, a private school, or a home study program between his or her sixth and sixteenth birthdays. Such compulsory attendance shall not apply to any child who has successfully completed all requirements for a high school diploma or state approved high school equivalency (HSE) diploma.
(c)(1) Every parent or guardian of any child or children during the ages of compulsory attendance provided for in subsection (b) of this Code section shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program; and such child shall be responsible for enrolling in and attending such public school, a private school, or a home study program under such penalty for noncompliance with this

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subsection as is provided in Chapter 11 of Title 15, unless such child's failure to enroll and attend is caused by his or her parent or guardian, in which case such parent or guardian alone shall be responsible.
(2)(A) The requirements of this subsection shall apply to each child during the ages of compulsory attendance provided for in subsection (b) of this Code section who has been assigned by a local board of education or its delegate to attend an alternative education program established by such local board of education, including an alternative education program provided for in Code Section 20-2-154.1, regardless of whether such child has been suspended or expelled from another public school program by such local board of education or its delegate, and to the parent or guardian. (B) Nothing in this paragraph shall be construed to require a local board of education or its delegate to assign a child to attend an alternative education program rather than suspending or expelling the child. (3) The compulsory attendance provided for in subsection (b) of this Code section shall not apply for any school day, or any portion of a school day, that a student misses due to an exemption, as provided for in Code Section 20-2-693; an excused absence, as provided for in Code Sections 20-2-692.1 and 20-2-692.4; or any reason provided for in Code Sections 20-2-692, 20-2-692.2, and 20-2-692.3. (4) No student shall be expelled from a public school in this state due solely to such student's absences from school. (d)(1) Any parent or guardian who violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $25.00 and not greater than $100.00, imprisonment not to exceed 30 days, community service, or any combination of such penalties, at the discretion of the court having jurisdiction. Each day's absence from school in violation of this Code section after the child's school system notifies the parent or guardian of five unexcused days of absence for a child shall constitute a separate offense. (2) After two reasonable attempts to notify the parent or guardian of five unexcused days of absence without response, the school system shall send a notice to such parent or guardian by certified mail, return receipt requested, or first-class mail. (3) Prior to any action to commence judicial proceedings to impose a penalty for violating this subsection on a parent or guardian, a school system shall send a notice to such parent or guardian by certified mail, return receipt requested. (4) Public schools shall provide to the parent or guardian of each child enrolled in public school a written summary of possible consequences and penalties for failing to comply with compulsory attendance under this Code section for children and their parents or guardians. The parent or guardian shall sign a statement indicating receipt of such written statement of possible consequences and penalties; children who are age ten years or older by September 1 shall sign a statement indicating receipt of such written statement of possible consequences and penalties. After two reasonable attempts by the school to secure such signature or signatures, the school shall be considered to be in compliance

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with this subsection if it sends a copy of the statement, via certified mail, return receipt requested, or first-class mail, to such parent or guardian who has control or charge of a child or children. Public schools shall retain signed copies of statements through the end of the school year. (e) Local school superintendents in the case of private schools, the Department of Education in the case of home study programs, and visiting teachers and attendance officers in the case of public schools shall have authority and it shall be their duty to file proceedings in court to enforce this subpart. The Department of Education shall coordinate with local school superintendents with respect to attendance records and notification for students in home study programs. (f)(1) An unemancipated minor who is older than the age of compulsory attendance as provided for in subsection (b) of this Code section who has not completed all requirements for a high school diploma or a state approved high school equivalency (HSE) diploma who wishes to withdraw from school shall not be permitted to withdraw from school without written permission of his or her parent or guardian prior to such withdrawal. Prior to accepting such permission, the school principal or designee shall convene a conference with the child and parent or guardian within two school days of receiving notice of the intent of the child to withdraw from school. The principal or designee shall make a reasonable attempt to share with the student and parent or guardian the information provided by the Department of Education as required in paragraph (2) of this subsection. (2) Each local board of education shall adopt a policy on the process of voluntary withdrawal of unemancipated minors who are older than the age of compulsory attendance as provide for in subsection (b) of this Code section. Such policy shall be filed with the Department of Education no later than January 1, 2007. The Department of Education shall provide annually to all local school superintendents model forms for the parent or guardian signature requirement contained in this subsection and updated information from reliable sources relating to the consequences of withdrawing from school without completing all requirements for a high school diploma. Such model form shall include information relating to the opportunity to pursue a state approved high school equivalency (HSE) diploma and the consequences of not having earned a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities. Such model form shall also include information regarding potential loss of eligibility for accommodations, specialized instruction, and other services pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq., and Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C.A. Section 701, et seq. Each local school superintendent shall provide such model forms and information to all of its principals of schools serving grades six through twelve for the principals to use during the conference with the child and parent or guardian required in paragraph (1) of this subsection."

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SECTION 3. Said subpart is further amended by revising subsections (a), (e), and (g) and adding a new subsection to Code Section 20-2-690.2, relating to establishment of student attendance and school climate committee, membership, summary of penalties for failure to comply, review and policy recommendations, and reporting, to read as follows:
"(a) The chief judge of the superior court of each county shall establish a student attendance and school climate committee for such county. The purpose of the committee shall be to ensure coordination and cooperation among officials, agencies, and programs involved in compulsory attendance issues, to reduce the number of unexcused absences from school, to increase the percentage of students present to take tests which are required to be administered under the laws of this state, to reduce the number of students who are chronically absent as such term is defined in Code Section 20-2-690.3, and to improve the school climate in each school. The chief judge is responsible for ensuring that all members of the committee are notified of their responsibility to the committee and shall call the first meeting of the committee in each county. The committee shall elect a chairperson and may elect other officers."
"(e)(1) Each committee shall, by June 1, 2026, adopt a written student attendance protocol for each local school system within its geographic boundaries which shall be filed with the Department of Education. The protocol shall outline in detail the procedures to be used in identifying, reporting, investigating, and prosecuting cases of alleged violations of compulsory attendance requirements provided for in Code Section 20-2-690.1. The protocol shall outline in detail methods for determining the causes of failing to comply with compulsory attendance and appropriately addressing the issue with children and their parents or guardians. The protocol shall also include recommendations for policies relating to tardiness and chronic absenteeism. The Department of Education shall provide model school attendance protocols, if requested by the committee. (2) A copy of the protocol shall be furnished to each agency, official, or program within the county that has any responsibility in assisting children and their parents or guardians in complying with Code Section 20-2-690.1. (3) The committee shall write the summary of possible consequences and penalties for failing to comply with compulsory attendance under Code Section 20-2-690.1 for children and their parents or guardians who have control or charge of children for distribution by schools in accordance with Code Section 20-2-690.1. The summary of possible consequences for children shall include possible dispositions for children in need of services and possible denial of a driver's license for a child in accordance with Code Section 40-5-22." "(g) The chief judge of the superior court of each county shall ensure that the committee meets no later than November 1, 2025, and at least twice annually thereafter to evaluate compliance with the protocol, effectiveness of the protocol, and appropriate modifications and to review and revise, if necessary, recommendations relating to school climate."

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"(i) Beginning in 2026, by November 1 of each even-numbered year the Department of Education shall submit to the chairpersons of the House Committee on Education and the Senate Education and Youth Committee a county-by-county report of compliance with the requirements of this Code section. Such report shall also include the student attendance rates and aggregated student discipline data submitted by each local board of education as required in subsection (h) of this Code section for the three most recently completed school years. Such report shall be posted on the Department of Education's public website."

SECTION 4. Said subpart is further amended by adding a new Code section to read as follows:
"20-2-690.3. (a) As used in this subpart, the term:
(1) 'Attendance review team' means a team of individuals provided for in subsection (c) of this Code section. (2) 'Chronically absent' means the attendance status of a student whose total number of absences, whether excused or unexcused, at any time during a school year is equal to or greater than 10 percent of the total number of school days that such student has been enrolled at the same school or within the same local school system during the current school year excepting such student's first day of enrollment. (3) 'Local school system chronic absenteeism rate' means the number of students enrolled in a local school system who were chronically absent during the previous school year divided by the total number of students enrolled in such local school system during such school year. (4) 'School chronic absenteeism rate' means the number of students enrolled in a school who were chronically absent during the previous school year divided by the total number of students enrolled in such school during such school year. (b)(1) Each local school system shall establish policies and procedures to effectively and continuously identify and provide appropriate supports to students who are chronically absent or at risk of becoming chronically absent, including, but not limited to, policies and procedures for attendance review teams and for intervention plans for such students and their parents or guardians. (2) Each local school system that:
(A) Has a local school system chronic absenteeism rate of 10 percent or higher shall establish an attendance review team for the local school system; and (B) Has one or more schools with a school chronic absenteeism rate of 15 percent or higher shall establish an attendance review team for each such school. (c)(1) Each attendance review team established under the Code section shall meet at least once monthly and shall be responsible for reviewing the individual cases of students who are chronically absent and developing intervention plans for such students and their

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parents or guardians; provided, however, that a local school system attendance review team shall be authorized to work in conjunction with school attendance review teams. (2) Attendance review teams established under this subsection may consist of school administrators, school counselors, school social workers, teachers, other school personnel, and the parents or guardians of such students who are chronically absent."

SECTION 5. Said subpart is further amended by in Code Section 20-2-692.1, relating to excused absences for days missed to visit with parent or legal guardian in the military prior to deployment or while on leave, and attendance at military affairs sponsored events, by replacing "parent or legal guardian" with "parent or guardian" wherever the former term appears and by replacing "parent's or legal guardian's" with "parent's or guardian's" wherever the former term appears.

SECTION 6. Said subpart is further amended by adding a new Code section to read as follows:
"20-2-692.4. A student taking tests and physical exams for military service in the armed forces of the United States and the National Guard shall be credited as present by the school and shall not be counted as an absence, either excused or unexcused, for any day, portion of a day, or days missed from school."

SECTION 7. Said subpart is further amended by revising Code Section 20-2-693, relating to exemptions, as follows:
"20-2-693. (a) Children during the ages of compulsory attendance as provided for in subsection (b) of Code Section 20-2-690.1 who are excused from attendance in public school by the local board of education in accordance with general policies and regulations required by law or promulgated by the State Board of Education shall be exempt from this subpart. The state board, in promulgating its general policies and regulations, shall take into consideration sickness and other emergencies which may arise in any school community. (b) Children during the ages of compulsory attendance as provided for in subsection (b) of Code Section 20-2-690.1 who are excused from attendance at private schools or home study programs for sickness or emergencies or for other reasons substantially the same as the reasons for excused absences from attendance at public school authorized by law or state board policy pursuant to subsection (a) of this Code section shall be exempt from this subpart."

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SECTION 8. Said subpart is further amended by in Code Section 20-2-699, relating to disposition of children taken into custody, by replacing "parent, guardian, or other person having control or charge of the child" with "parent or guardian" wherever the former term appears.

SECTION 9. Code Section 20-4-141 of the Official Code of Georgia Annotated, relating to establishment of pilot program, awarding of high school diploma to successful participants, skills and knowledge, eligibility for participation, and regulation, by replacing "subsection (e) of Code Section 20-2-690.1" with "subsection (f) of Code Section 20-2-690.1" wherever the former terms appears.

SECTION 10. This Act shall become effective on July 1, 2025.

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Approved April 28, 2025.

__________

EDUCATION SAFETY, HEALTH, AND WELL-BEING OF STUDENTS AND SCHOOL COMMUNITIES; PROVIDE.

No. 17 (House Bill No. 268).

AN ACT

To amend Chapter 11 of Title 15, Chapter 2 of Title 20, and Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the juvenile code, elementary and secondary education, and emergency management, respectively, so as to provide for the safety, health, and well-being of students and school communities; to require public schools to implement a mobile panic alert system capable of connecting disparate emergency services technologies to ensure real-time coordination between multiple state and local first responder agencies in the event of a school security emergency; to provide for the implementation of additional strategies or systems; to provide for exceptions; to provide for a short title; to require public schools to procure school mapping data; to provide for requirements of such school mapping data; to authorize the Georgia Emergency Management and Homeland Security Agency to adopt rules and regulations for the requirements for school mapping data; to provide for immunity from civil liability; to provide for the transfer of student records and other

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information among schools, law enforcement agencies, and other agencies with legal interests in students; to repeal references to the Department of Behavioral Health and Developmental Disabilities as legal custodian of school age children and to make conforming changes; to require memoranda of understanding between certain state agencies and local units of administration to include provisions relevant to the disclosure of student information; to provide for the release of student information from certain state agencies to local units of administration; to provide for reimbursement grants to local school systems that hire qualified student advocacy specialists; to provide for minimum qualification and essential duties of such qualified student advocacy specialists; to authorize RESAs to participate in dispute resolution procedures; to provide for the designation of RESA student affairs officers; to provide for the Department of Education's chief privacy officer to promulgate a guidance document relevant to sharing student records and other information; to provide for the release of student education records by local boards of education and local education agencies; to provide for certain student education records to be deemed critical records; to provide for the transfer of student education records, including critical records, to receiving schools; to provide for required disclosures; to provide for provisional enrollment at receiving schools; to provide for the transfer of students seeking enrollment in any grade higher than third grade; to provide for case management consultations; to provide for policies and implementation; to require positive behavioral interventions and supports and response to intervention programs and initiatives for certain low-performing elementary and secondary and middle schools; to provide for school administrators to disclose certain information regarding students with the students' assigned classroom teachers; to provide for such information to remain confidential; to provide for reports of law enforcement official encounters with school age youth; to prohibit policies which deny or effectively prevent parents and legal custodians from reviewing certain education records; to provide for statutory construction regarding the disclosure of certain education records; to provide for local boards of education to petition courts to require parents to authorize the release of a transferring student's education records; to provide for evidence based suicide awareness and training programs and a state-wide anonymous reporting program; to provide for evidence based youth violence prevention training programs; to provide for student violence prevention clubs; to provide for local policies for anonymous reporting; to provide for mandatory assessments when certain students withdraw from or stop attending school; to update the "Parents' Bill of Rights"; to require written agreements for law enforcement officers in schools to include specific terms and conditions relevant to the handling and disclosure of student information; to require the Department of Education to publish model terms and conditions; to revise provisions for school safety plans; to require public school safety plans to address the behavioral health needs of students; to provide for the Georgia Emergency Management and Homeland Security Agency to establish an emergency alert response system and a secure state-wide alert system; to provide for an emergency alert response system; to revise a provision relating to the use of a deadly weapon; to provide for additional offenses over which superior courts are authorized to exercise exclusive original

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jurisdiction for the trials of children 13 to 17 years of age to include the offenses of certain terroristic acts involving public and private schools and attempt or criminal conspiracy to commit certain offenses; to repeal a provision that limited superior courts from exercising exclusive original jurisdiction over the trials of children 13 to 17 years of age alleged to have committed aggravated assault only in certain cases involving the use of a firearm upon a public safety officer; to provide for which such cases shall be subject to the class A designated felony act provisions of Code Section 15-11-602 upon transfer to a juvenile court; to make conforming changes by including such additional offenses in the list of offenses for which juvenile and superior courts shall consider certain criteria when determining whether to transfer cases; to establish the elements of a particular offense of disrupting or interfering with the operation of a public school, public school bus, or public school bus stop; to provide for progressive discipline; to provide for the criminal offenses of terroristic threat of a school and terroristic act upon a school; to provide for penalties; to provide for definitions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Article 11, relating to public school property and facilities, by adding a new part to read as follows:

"Part 4

20-2-590. This part shall be known and may be cited as 'Ricky and Alyssa's Law.'

20-2-591. (a) Not later than July 1, 2026, each public school shall implement a mobile panic alert system capable of:
(1) Connecting disparate emergency services technologies to ensure real-time coordination between multiple local and state law enforcement and first responder agencies. Such system shall be known as 'Alyssa's Alert' and shall integrate with the technology used in each local public safety answering point, including, but not limited to, Next Generation 9-1-1, as such term is defined in Code Section 38-3-181, to transmit 9-1-1 calls and mobile activations; and (2) Integrating with the school mapping data required in Code Section 38-3-154.

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(b) In addition to the requirements of subsection (a) of this Code section, each local school system may implement additional strategies or systems to ensure real-time coordination between multiple first responder agencies in the event of a school security emergency. (c) No local school system shall be required to procure or implement new or additional capabilities if, as of July 1, 2026, such local school system has a functioning mobile panic alert system in place with capabilities that meet the requirements of subsection (a) of this Code section."

SECTION 1-2. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended in Article 10, relating to state-wide first responder building mapping information system, by adding a new paragraph to Code Section 38-3-151, relating to definitions, to read as follows:
"(4) 'School mapping data' means building information, floor plans, and aerial imagery of any public or private school."

SECTION 1-3. Said chapter is further amended in said article by adding a new Code section to read as follows:
"38-3-154. (a) Not later than July 1, 2026, each public school shall procure school mapping data which shall:
(1) Be in formats that conform to and integrate with software platforms utilized in local public safety answering points and by local, state, and federal public safety agencies that respond to emergencies at schools and that do not require such agencies to purchase additional software or provide payment in order to view or access such data; (2) Be in formats capable of being printed, shared electronically, and, if requested, digitally integrated into interactive mobile platforms; (3) Be verified for accuracy by July 1 each year by the entity producing such school mapping data by means of an in-person inspection of each school; (4) Identify and label access points of each building interior, including, but not limited to, rooms, doors, stairwells, and hallways, each of which shall include any identifiers or names utilized by staff and students; (5) Identify and label locations of critical utilities, key boxes, automated external defibrillators, and trauma kits or other emergency response aids; and (6) Identify and label areas at or near each school, including parking areas, athletic fields, surrounding roads, outbuildings, and neighboring properties. (b) Any future updates to school mapping data provided for in this Code section shall conform to and integrate with software platforms utilized in local public safety answering points and by local, state, and federal public safety agencies that provide emergency services to each school.

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(c) The agency shall be authorized to develop rules and regulations for the requirements for school mapping data, including, but not limited to, standards for the use of school mapping data, encryption of such data, and transmission of such data over secure methods to law enforcement officers, firefighters, and other authorized emergency first responders. (d) Local school systems shall collaborate with and receive concurrence from its primary local law enforcement agency prior to procuring school mapping data to ensure such school mapping data meets the requirements of this Code section. (e) Information provided to the agency under this Code section shall be exempt from public disclosure to the extent provided in Code Section 50-18-72.
(f)(1) Local boards of education, local school systems, public schools, and local governments and agencies shall be immune from civil liability for any damages arising out of the creation and use of the school mapping data. (2) Employees of local boards of education, local school systems, and local governments and agencies shall be immune from civil liability for any damages arising out of the creation and use of the school mapping data unless it is shown that such employee acted with gross negligence or bad faith."

PART II SECTION 2-1.

Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Code Section 20-2-133, relating to free public instruction, exceptions, eligibility, and procedure and requirements when child in custody of or in a placement or facility of a state agency, by revising subsection (b) as follows:
"(b)(1)(A) Any child, except as otherwise specifically provided in subparagraph (D) of this paragraph, who is:
(i) In the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services or any of its divisions, including, but not limited to, the Division of Family and Children Services; (ii) In a placement operated by the Department of Human Services; (iii) In a facility or placement paid for by the Department of Juvenile Justice, the Department of Human Services or any of its divisions, including, but not limited to, the Division of Family and Children Services; or (iv) Placed in a psychiatric residential treatment facility by his or her parent or legal guardian pursuant to a physician's order, if such child is not a home study, private school, or out-of-state student and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. Except for children who are committed to the Department of Juvenile Justice and receiving education services under

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Code Section 20-2-2084.1, the local unit of administration of the school district in which such child is present shall be responsible for the provision of all educational programs, including special education and related services, at no charge so long as the child is physically present in the school district. (B) A child shall be considered in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services or any of its divisions, including, but not limited to, the Division of Family and Children Services, if custody has been awarded either temporarily or permanently by court order or by voluntary agreement, or if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Human Services or the Division of Family and Children Services. (C) A facility providing educational services onsite to a child described in subparagraph (A) of this paragraph who is unable to leave such facility shall enter into a memorandum of understanding with the local unit of administration in which the facility is located. Such memorandum of understanding shall include, at a minimum, provisions regarding enrollment counting procedures, allocation of funding based on actual days of enrollment in the facility, the party responsible for employing teachers, and the respective rights and responsibilities of the parties relative to the disclosure of the child's education records. A memorandum of understanding shall be reviewed and renewed at least every two years; provided, however, that, if any memorandum of understanding in place on July 1, 2025, does not include such provisions regarding the respective rights and responsibilities of the parties relative to the disclosure of the child's education records, such memorandum of understanding shall be reviewed and updated by no later than October 1, 2025. (D) No child in a secure residential facility as defined in Code Section 15-11-2, regardless of his or her custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in which such facility is located. No child or youth in the custody of the Department of Corrections or the Department of Juvenile Justice and confined in a facility as a result of a sentence imposed by a court shall be eligible for enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held; provided, however, that such child or youth may be eligible for enrollment in a state charter school pursuant to Code Section 20-2-2084.1. (2) Except as otherwise provided in this Code section, placement in a facility by another local unit of administration shall not create an obligation, financial or otherwise, on the part of the local unit of administration in which the facility is located to educate the child. (3) For any child described in subparagraph (A) of paragraph (1) of this subsection, the custodian of or placing agency for the child shall notify the appropriate local unit of administration at least five days in advance of the move, when possible, when the child is to be moved from one local unit of administration to another.

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(4) When the custodian of or placing agency for any child notifies a local unit of administration, as provided in paragraph (3) of this subsection, that the child may become eligible for enrollment in the educational programs of a local unit of administration, such local unit of administration shall request the transfer of the education records and Individualized Education Programs and all education related evaluations, assessments, social histories, and observations of the child from the appropriate local unit of administration no later than five school business days after receiving notification. Notwithstanding any other law to the contrary, the custodian of the records has the obligation to transfer such records and the local unit of administration has the right to receive, review, and utilize such records. Notwithstanding any other law to the contrary, upon the request of a local unit of administration responsible for providing educational services to a child described in subparagraph (A) of paragraph (1) of this subsection, the Department of Juvenile Justice, the Department of Human Services, or the Division of Family and Children Services shall furnish to the local unit of administration all medical and education records in the possession of the Department of Juvenile Justice, the Department of Human Services, or the Division of Family and Children Services pertaining to any such child. Such records shall include, but shall not be limited to, any record that such student:
(A) Has ever been adjudicated delinquent of the commission of a class A designated felony act or class B designated felony act, as defined in Code Section 15-11-2 and, if so, the date of such adjudication, the offense committed, the jurisdiction in which such adjudication was made, and the sentence imposed; (B) Is currently serving a short-term suspension, a long-term suspension, or an expulsion from another school, the reason for such discipline, and the term of such discipline; (C) Is currently the subject of a notice of a disciplinary hearing pursuant to Code Section 20-2-754; or (D) Is currently or has ever been the subject of a:
(i) Notice of a report of criminal action made pursuant to Code Section 20-2-756; (ii) Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765; (iii) Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766; or (iv) Report of the commission of a prohibited act made pursuant to Code Section 20-2-1184. (5) In the event that the Department of Juvenile Justice, the Department of Human Services, or the Division of Family and Children Services contends that any record provided for in paragraph (4) of this subsection cannot be released without consent of a parent or legal guardian, such agency shall: (A) Within five school business days after receiving a request for records under this subsection: (i) Release all records not subject to such restriction;

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(ii) Provide in writing to the local unit of administration and the RESA student affairs officer of the RESA in which such local unit of administration is located a list that identifies each record that such agency contends is subject to such restriction and the legal basis for such restriction; and (iii) Initiate both verbal and written contact with the parent or legal guardian to obtain consent which the agency contends is required; and (B) Upon receipt of the consent provided for in division (5)(A)(iii) of this subsection, immediately release the subject record to the local unit of administration. (6)(A) In the event that an agency contends that releasing, in whole or in part, a student's records as required by this Code section would be unlawful, such agency shall promptly provide a written notice of dispute to the RESA student affairs officer of the RESA in which the local unit of administration is located. (B) In the event that a local unit of administration contends that a student's records, in whole or in part, have been unlawfully or unduly withheld from release by a sending school, such local unit of administration shall promptly provide a written notice of dispute to the RESA student affairs officer of the RESA in which the local unit of administration is located. (C)(i) Upon receipt of a notice of dispute from an agency as provided for in subparagraph (A) of this paragraph or from a local unit of administration as provided in subparagraph (B) of this paragraph, the RESA student affairs officer shall be authorized to work in coordination with any sending school, any receiving school, any other requestor, and the parent or legal custodian of the student whose records are the subject of such notice to resolve any dispute by providing technical assistance and guidance as to the respective rights and responsibilities of each of the parties to the dispute. (ii) To the extent that such efforts to resolve the dispute are not successful, the RESA student affairs officer shall provide a written notice of noncompliance to any party to such dispute which the RESA student affairs officer reasonably contends is noncompliant with the requirements of this paragraph. Such written notice of noncompliance shall include a recommended corrective action to resolve noncompliance. The RESA student affairs officer shall report such noncompliance to the director of the RESA. (iii) Upon being notified of a noncompliance as provided for in division (ii) of this subparagraph, the RESA director shall be authorized to attempt to resolve the dispute and to report noncompliance to the Office of the Attorney General and the Department of Education's chief privacy officer. (D) For the limited purposes provided for in this subsection, RESA student affairs officers and RESA directors shall be authorized to review the education records that are the subject of a notice of dispute provided for in this subsection. (7) Any local unit of administration which serves a child pursuant to subparagraph (A) of paragraph (1) of this subsection shall receive in the form of annual grants in state

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funding for that child the difference between the actual state funds received for that child pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred in educating that child, calculated pursuant to regulations adopted by the State Board of Education. Each local board of education shall be held harmless by the state from expending local funds for educating students pursuant to this Code section; provided, however, that this shall only apply to students who are unable to leave the facility in which they have been placed. (8) Enrollment of an eligible child pursuant to this Code section shall be effectuated in accordance with rules and regulations adopted by the State Board of Education. (9) For purposes of the accountability program provided for in Part 3 of Article 2 of Chapter 14 of this title, all facilities serving children described in subparagraph (A) of paragraph (1) of this subsection shall be, consistent with department rules and regulations, treated as a single local education agency; provided, however, that this paragraph shall not be construed to alleviate any responsibilities of the local unit of administration of the school district in which any such children are physically present for the provision of education for any such children. (10) The Department of Education, the State Charter Schools Commission, the Department of Human Services, the Division of Family and Children Services, the Department of Juvenile Justice, and the local units of administration where Department of Education, State Charter Schools Commission, Department of Juvenile Justice, Department of Human Services, or Division of Family and Children Services placements, facilities, or contract facilities are located shall jointly develop procedures binding on all agencies implementing the provisions of this Code section applicable to children and youth in the physical or legal custody of the Department of Juvenile Justice, under the care or physical or legal custody of the Department of Human Services or the Division of Family and Children Services."

SECTION 2-2. Said chapter is further amended in Part 5 of Article 6, relating to program weights and funding requirements under the "Quality Basic Education Act," by adding a new Code section to read as follows:
"20-2-192. (a) As used in this Code section, the term 'qualified student advocacy specialist' means an individual employed by a local school system whose beginning salary and benefits are eligible for reimbursement grants under this Code section. (b) Subject to appropriations by the General Assembly, the State Board of Education shall provide grants to local school systems for the purpose of reimbursing local school systems for expenditures sufficient to pay the beginning salaries and benefits of qualified student advocacy specialists employed by such local school systems. (c) Under such grant program, local school systems shall be eligible for reimbursement for an amount equal to the beginning salary and benefits of:

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(1) One qualified student advocacy specialist for local school systems with a full-time equivalent enrollment of fewer than 18,000 students; (2) Two qualified student advocacy specialists for local school systems with a full-time equivalent enrollment of 18,000 to 36,000 students; or (3) Three qualified student advocacy specialists for local school systems with a full-time equivalent enrollment of more than 36,000 students. (d) By December 31, 2025, the State Board of Education shall establish policies, rules, and regulations necessary for the implementation of this Code section, including, but not limited to, the process by which local school systems shall request and receive such grant funds. Such policies, rules, and regulations shall condition the receipt of such grant funds on the local school system's compliance with all applicable provisions of Code Section 20-2-1185. (e) By December 31, 2025, the Department of Behavioral Health and Developmental Disabilities, in consultation with the Department of Education, shall establish the essential duties and minimum qualifications for qualified student advocacy specialists hired by local school systems. Such minimum qualifications shall be established so as to maximize opportunities for local school systems to hire qualified student advocacy specialists capable of performing such essential duties, which shall include, but shall not be limited to: (1) Coordinating the efforts of the local school system to identify and facilitate appropriate interventions for students with or at risk for mental health concerns, including, but not limited to, telehealth services; (2) Coordinating, documenting, evaluating, and reporting the outcomes of Tier 1 and Tier 2 behavioral health training programs and materials of the local school system, including, but not limited to, such training programs and materials as provided for in Code Section 20-2-779.1; and (3) Attending information and training meetings relating to school safety and student behavioral health provided or facilitated by the Georgia Emergency Management and Homeland Security Agency or the Department of Behavioral Health and Developmental Disabilities. (f) This Code section shall not apply to the Department of Juvenile Justice or its school system. (g) Nothing in the Code section shall be construed to prohibit local school systems from hiring or contracting with student advocacy specialists using other funds available for such purpose."

SECTION 2-3. Said chapter is further amended in Code Section 20-2-270, relating to establishment of a state-wide network, by revising subsection (a) as follows:
"(a)(1) The State Board of Education shall establish a state-wide network of regional educational service agencies for the purposes of: providing shared services designed to improve the effectiveness of educational programs and services to local school systems

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and state charter schools; providing instructional programs directly to selected public school students in the state; providing dispute resolution services relating to sharing student education records; providing services pursuant to Code Section 20-2-785; and providing Georgia Learning Resources System services. (2) The regional educational service agencies established by the state board may legally be referred to as 'RESA' or 'RESAs'."

SECTION 2-4. Said chapter is further amended in Part 11 of Article 6, relating to regional educational service agencies, by adding a new Code section to read as follows:
"20-2-270.2. (a) Each regional educational service agency shall be authorized to provide dispute resolution services to local education agencies, local units of administration, and public and private schools located within the service area of such regional educational service agency and to the Department of Juvenile Justice, the Department of Human Services, and the Division of Family and Children Services. (b) Each regional educational service area director shall designate one staff member as RESA student affairs officer. (c) The chief privacy officer designated by the State School Superintendent pursuant to Code Section 20-2-663 shall provide technical assistance and guidance to support RESA student affairs officers and directors in complying with the requirements of this Code section."

SECTION 2-5. Said chapter is further amended in Code Section 20-2-662, relating to definitions relative to student data privacy, accessibility, and transparency, by adding new paragraphs to read as follows:
"(6.1) 'Legal custodian' means an entity or individual other than a parent with legal authority to act on behalf of a student. Such term shall include the Department of Juvenile Justice, the Department of Human Services, and the Division of Family and Children Services. (6.2) 'Local board of education' means the governing body of each local education agency as such terms are defined in Code Section 20-2-167.1. Such term shall include the Department of Juvenile Justice school system." "(8.1) 'Parent' means an individual other than a legal custodian who has legal authority to act on behalf of a student as a natural or adoptive parent or a legal guardian."

SECTION 2-6. Said chapter is further amended in Code Section 20-2-663, relating to designation and role of chief privacy officer, by adding a new subsection to read as follows:

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"(c)(1) In consultation with the Attorney General's office, the chief privacy officer shall promulgate for all regional educational service agencies, all local education agencies, all elementary and secondary schools in this state, the Department of Juvenile Justice (DJJ) school system, the Department of Human Services (DHS), the Division of Family and Children Services (DFCS), and the Department of Defense Education Activity (DoDEA) a guidance document that shall address, but shall not be limited to, the following topics:
(A) The current state and federal laws applicable to local education agencies and elementary and secondary schools in this state, DJJ, DHS, DFCS, and DoDEA intended to protect the privacy of student education records, student health records, student data, and the personally identifiable information of students and their families; (B) The application of the federal Family Educational Rights and Privacy Act (FERPA) to local education agencies and elementary and secondary schools in this state, DJJ, DHS, DFCS, and DoDEA, including what information is and is not covered under FERPA; (C) What student education records and student health records can be shared with other educators, other schools, DJJ, DHS, DFCS, and DoDEA; (D) What information about a student a local education agency, an elementary or secondary school, DJJ, DHS, DFCS, and DoDEA is permitted or required to share with a law enforcement officer, a law enforcement agency, a judge or court personnel, or another state or local agency or officer with a legal interest in such student; and (E) What information about a student a law enforcement officer, a law enforcement agency, a judge or court personnel, or another state or local agency with a legal interest in such student is permitted or required to share with a local education agency, an elementary or secondary school, DJJ, DHS, DFCS, or DoDEA. (2)(A) The guidance document required by paragraph (1) of this subsection shall be issued by December 31, 2025, and shall be reviewed and updated by July 1 each year and at any other time as necessary to ensure the information included in such guidance document is accurate. (B) Each time the guidance document required by paragraph (1) of this subsection is issued or updated, it shall be posted on the department's public website along with responses to common or frequently asked questions relevant to the topics included in such guidance document. (3) The chief privacy officer shall consult with experts and authorities as appropriate to meet the requirements of this subsection."

SECTION 2-7. Said chapter is further amended in Code Section 20-2-667, relating to parental and student review of education records and model policies, by revising subsection (c) as follows:
"(c)(1) Except as provided in paragraph (2) of this subsection, each local board of education shall immediately provide an electronic copy of a student's complete education record to any parent, legal custodian, or another person or entity legally authorized to

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receive such records upon request and under no circumstances later than 5:00 P.M. on the third business day following the date of such request. (2) In the event that any portion of such student's education record is not maintained in electronic format, the local board of education shall provide an electronic copy of all of the student's education records available in electronic format in compliance with paragraph (1) of this subsection and shall, no later than 5:00 P.M. on the third business day following the date of the request for such records, notify the requestor when copies of the remainder of such student's education records will be ready for retrieval. "

SECTION 2-8. Said chapter is further amended by repealing Code Section 20-2-670, relating to requirements for transferring students beyond sixth grade, conditional admission, and compliance, in its entirety and enacting a new Code section to read as follows:
"20-2-670. (a) As used in this Code section, the term:
(1) 'Critical records' means the following education records of a student, which shall be current and complete for a period of at least the most recent 12 months of such student's enrollment or the entirety of such student's enrollment if less than 12 months:
(A) Academic transcript; (B) Attendance records; (C) Student discipline records, including, but not limited to, all records of any:
(i) Disciplinary order of short-term suspension, long-term suspension, or expulsion made pursuant to Code Section 20-2-751.2; (ii) Notice of a report of criminal action made pursuant to Code Section 20-2-756; (iii) Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765; (iv) Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766; or (v) Report of the commission of a prohibited act made pursuant to Code Section 20-2-1184; (D) Records of the student having ever been adjudicated delinquent of the commission of a class A designated felony act or class B designated felony act, as defined in Code Section 15-11-2 and, if so, the date of such adjudication, the offense committed, the jurisdiction in which such adjudication was made, and the sentence imposed; (E) An Individualized Education Program (IEP) pursuant to the federal Individuals with Disabilities Education Act or a plan under Section 504 of the federal Rehabilitation Act of 1973, if any; and (F) Psychological evaluations, if any. (2) 'Education records' means any record that is maintained by a local education agency, a public or private elementary or secondary school, the Department of Juvenile Justice school system, or a party acting on behalf of such entity and is directly related to a student. Such term shall include, but shall not be limited to, records of such student's

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enrollment, attendance, class schedules, academic transcripts, grades, student discipline, student financial information, health records, special education records, and psychological evaluations. Such term shall include the student's critical records. (3) 'Governing body' means the local board of education, governing council, governing board, Board of Juvenile Justice, or other entity by whatever name responsible for creating and implementing the budget of a local education agency or a public or private school. (4) 'Legal custodian' means an entity or individual other than a parent with legal authority to act on behalf of a student. Such term shall include the Department of Juvenile Justice, the Department of Human Services, and the Division of Family and Children Services. (5) 'Local education agency' shall have the same meaning as provided in Code Section 20-2-167.1. Such term shall include the Department of Juvenile Justice school system. (6) 'Parent' means an individual other than a legal custodian who has legal authority to act on behalf of a student as a natural or adoptive parent or a legal guardian. (7) 'Permanent enrollment' means enrollment of student in a school that is not provisional enrollment. (8) 'Provisional enrollment' means the conditional and nonpermanent enrollment of student in a school for a specified period of time. (9) 'Receiving school' means a local education agency or public or private school in which a transferring student, either on his or her own behalf or by and through his or her parent or legal custodian, has enrolled or seeks or intends to enroll. (10) 'Requestor' means a student, the parent or legal custodian of such student, or a receiving school or another person or entity legally authorized to receive the education records of such student. (11) 'RESA' means a regional educational service agency as provided for in Code Section 20-2-270. (12) 'RESA student affairs officer' means the RESA employee designated by the RESA executive director to receive and attempt to resolve notices of disputes brought pursuant to this Code section. (13) 'Sending school' means a local education agency or a public or private school which maintains education records of a particular student and is responsible for releasing such records to a requestor. (14) 'Student' means an individual who is enrolled in a public or private elementary or secondary school or home study program in this state, or who is subject to the compulsory attendance requirements of Code Section 20-2-690.1. (15) 'Transferring student' means a student who, either on his or her own behalf or by and through his or her parent or legal custodian, has enrolled in or is seeking or intends to enroll in a receiving school.

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(b) The parent or legal custodian of a student seeking permanent enrollment in a grade higher than the third grade in any receiving school in this state shall as a prerequisite to such permanent enrollment execute a document:
(1) Disclosing to the receiving school whether the student: (A) Has ever been adjudicated delinquent of the commission of a class A designated felony act or class B designated felony act, as defined in Code Section 15-11-2 and, if so, the date of such adjudication, the offense committed, the jurisdiction in which such adjudication was made, and the sentence imposed; (B) Is currently serving a short-term suspension, a long-term suspension, or an expulsion from another school, the reason for such discipline, and the term of such discipline; (C) Is currently the subject of a notice of a disciplinary hearing pursuant to Code Section 20-2-754; or (D) Is currently or has ever been the subject of any: (i) Notice of a report of criminal action made pursuant to Code Section 20-2-756; (ii) Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765; (iii) Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766; or (iv) Report of the commission of a prohibited act made pursuant to Code Section 20-2-1184; and
(2) Either: (A) Present a certified copy of such student's critical records from each sending school he or she attended during the previous 24 months; or (B) Receive written confirmation from such receiving school that it as received such student's critical records.
(c)(1) A student may be provisionally enrolled in a receiving school for not more than ten school days on a conditional basis; provided, however, that such provisional enrollment shall not commence until the next school day after such student's parent or legal custodian executes a document:
(A) Disclosing the information required in paragraph (1) of subsection (b) of this Code section; and (B) Providing the name and address of each sending school such student attended during the previous 24 months and authorizing the immediate release of such student's critical records to the receiving school. (2) If the receiving school does not receive such student's critical records from each sending school such student attended during the previous 24 months, the receiving school shall be authorized to temporarily assign such student to remote learning until such critical records are received or the case management consultation provided for in subsection (i) of this Code section is completed. (3) If a student provisionally enrolled in a receiving school is found to be ineligible for enrollment pursuant to the provisions of Code Section 20-2-751.2, or is subsequently

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found to be so ineligible, he or she shall be dismissed from enrollment in such receiving school until such time as he or she becomes so eligible. (d) Any document provided by a receiving school to a student or such student's parent or legal custodian to request permanent enrollment or provisional enrollment in such receiving school or to authorize the release of education records to such receiving school shall include: (1) A list of class A designated felony acts or class B designated felony acts; (2) A list of the prohibited acts identified in Code Section 20-2-1184; and (3) A description of each of the following:
(A) Notice of a disciplinary hearing pursuant to Code Section 20-2-754; (B) Notice of a report of criminal action made pursuant to Code Section 20-2-756; (C) Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765; (D) Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766; and (E) Report of the commission of a prohibited act made pursuant to Code Section 20-2-1184. (e) Each time a transferring student's education records, including, but not limited to critical records, are transferred to a receiving school, such student's parent or legal custodian shall be notified in writing by the receiving school of the transfer of such records and shall, upon written request made within five school business days of the date of such notice, be entitled to receive a copy of such records from the receiving school. Within five school business days of the receipt of a copy of such records, such student's parent or legal custodian may make a written request for and shall be entitled to a meeting with the principal of the sending school or of the receiving school or his or her designee for the purpose of correcting the content of such records as provided in Code Section 20-2-667. The parties may mutually agree for such meeting to occur at a date and time outside of such five-day period. (f)(1) Except as provided in paragraph (2) of this subsection, each sending school in this state shall immediately release a student's complete education record to any parent, legal custodian, receiving school, or another person or entity legally authorized to receive such records upon request by such requestor and under no circumstances later than 5:00 P.M. on the third business day following the date of such request. (2) In the event that any portion of such student's education record is not maintained in electronic format, the sending school shall transfer all of the student's education records available in electronic format in compliance with paragraph (1) of this subsection and shall, no later than 5:00 P.M. on the third business day following the date of such request, notify the requestor when copies of the remainder of such student's education records will be ready for retrieval. (g)(1) In the event that: (A) A sending school contends that releasing, in whole or in part, a student's education records as required by this Code section would be unlawful or unduly burdensome; or

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(B) A requestor contends that a student's education records, in whole or in part, have been unlawfully or unduly withheld from release by a sending school, the requestor shall promptly provide a written notice of dispute to the RESA student affairs officer of the RESA in which the sending school is located. (2)(A) Upon receipt of a notice as provided in paragraph (1) of this subsection, the RESA student affairs officer shall be authorized to work in coordination with any sending school, any receiving school, any other requestor, and the parent or legal custodian of the student whose education records are the subject of such notice to resolve any dispute by providing technical assistance and guidance as to the respective rights and responsibilities of each of the parties to the dispute. (B) To the extent that such efforts to resolve the dispute are not successful, the RESA student affairs officer shall provide a written notice of noncompliance to any party to such dispute which the RESA student affairs officer reasonably contends is noncompliant with the requirements of this Code section report. Such written notice of noncompliance shall include a recommended corrective action to resolve noncompliance. The RESA student affairs officer shall report such noncompliance to the director of the RESA. (C) Upon being notified of a noncompliance as provided for in subparagraph (B) of this paragraph, the RESA director shall be authorized to attempt to resolve the dispute and to report noncompliance to the Office of the Attorney General and the Department of Education's chief privacy officer. (3) For the limited purposes provided for in this subsection, RESA student affairs officers and RESA executive directors shall be authorized to review the education records that are the subject of a notice of dispute provided for in this subsection. (4) In the event that it becomes evident to a RESA student affairs officer or a RESA director that neither a sending school nor a receiving school involved in a dispute is a local education agency or a public elementary or secondary school, the RESA student affairs officer and the RESA director shall take no further action regarding the dispute other than to notify the parties to the dispute that the regional educational service agency is not authorized to take further action on the matter and to refer the parties to the Department of Education's chief privacy officer. (h) Whenever a receiving school does not timely receive complete information relative to a transferring student from a sending school as required in subsection (f) of this Code section, such receiving school shall be authorized to condition such transferring student's continued provisional enrollment upon completion of the case management consultation provided for in subsection (i) of this Code section. (i) Each case management consultation shall be conducted by a school social worker, school counselor, or a designated school administrator of the receiving school and shall involve the transferring student and such student's parent or legal custodian. The purposes of the case management consultation shall include, but shall not be limited to:

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(1) Determining whether any services are necessary for such student, including, but not limited to, referrals for special education or behavioral health services; and (2) Facilitating the continuation of services such student was receiving at his or her previous school or schools, if any. (j) The State Board of Education shall adopt policies and procedures for implementing the provisions of this Code section. (k) The Department of Education shall collaborate with the Department of Behavioral Health and Developmental Disabilities and provide technical assistance to schools and local school systems to support implementation of the provisions of this Code section. (l) In lieu of his or her parent, a transferring student who is not in the custody of the Department of Juvenile Justice or the Division of Family and Children Services of the Department of Human Services and who is 18 years of age or older or who has been emancipated by operation of law or by court order pursuant to Code Section 15-11-727 or as otherwise provided by law shall be authorized to comply on his or her own behalf with the requirements of this Code section otherwise applicable to such student's parent or legal custodian. (m) Notwithstanding the provisions of this Code section, any transferring student in the custody of the Department of Juvenile Justice or the Department of Human Services, through its Division of Family and Children Services, shall be immediately admitted to a receiving school, even if records required for enrollment cannot be produced, in order to ensure educational stability and continuity. All records shall be transferred to the receiving school administrator within ten school business days by the local school superintendent or his or her designee, as applicable, of the school such transferring student last attended."

SECTION 2-9. Said chapter is further amended by revising Code Section 20-2-671, relating to transfer students who have committed felony acts and disclosure of act, as follows:
"20-2-671. (a) If any school administrator determines from the information obtained pursuant to Code Section 15-11-602 or 20-2-670 or from any other source that a student:
(1) Has committed a class A designated felony act or class B designated felony act, as defined in Code Section 15-11-2; (2) Is the subject of a notice of chronic disciplinary problem made pursuant to Code Section 20-2-765; (3) Has a current disciplinary and behavioral correction plan pursuant to Code Section 20-2-766; or (4) Is the subject of a report of the commission of a prohibited act made pursuant to Code Section 20-2-1184, such administrator shall so inform all teachers to whom the student is assigned that they may review the information in the student's file provided pursuant to Code Section 20-2-670 received from other schools or from the juvenile courts.

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(b) Such information shall be kept confidential."

SECTION 2-10. Said chapter is further amended by revising Code Section 20-2-700, relating to reports by peace officers to school authorities and parent or guardian, as follows:
"20-2-700. (a) As used in this Code section, the term:
(1) 'Incidental to' means occurring in the course of or directly associated with standards or customary operations of a law enforcement officer's employer. (2) 'Law enforcement officer' means any duly constituted agent or officer of the State of Georgia or of any county, municipality, political subdivision, or local school system thereof who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws of this state with the power of arrest and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term shall include, but shall not be limited to, sheriffs and deputy sheriffs; any member of the Georgia State Patrol or Georgia Bureau of Investigation; campus policemen and school security personnel provided for in Chapter 8 of this title; any person employed by the Department of Natural Resources as a law enforcement officer; any arson investigator of the state fire marshal's office; employees designated by the commissioner of community supervision who have the duty to supervise children adjudicated for a Class A designated felony act or Class B designated felony act after release from restrictive custody, as such terms are defined in Code Section 15-11-2; and employees designated by the commissioner of juvenile justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8 who have the duty to investigate and apprehend delinquent children, or the supervision of delinquent children under intensive supervision in the community, and any child with a pending juvenile court case alleging the child to be a child in need of services who has escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who has broken the conditions of supervision. (3) 'Official encounter' means an interaction of a law enforcement officer with a school age youth in such law enforcement officer's official capacity for the purpose of enforcing the criminal laws of this state or preventing, detecting, or investigating a crime, provided that such interaction is directly related to a credible report or other credible information that such school age youth has threatened the death of, or serious injury to, one or more individuals who are or will likely be at or within a school. (4) 'School age youth' means an individual who is between his or her sixth and sixteenth birthdays or who a law enforcement officer knows or reasonably believes is enrolled in a public or private elementary or secondary school in this state. Such term shall not include an individual who has successfully completed all the requirements for a high school diploma or a state approved high school equivalency (HSE) diploma.

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(5) 'School official' means a local school superintendent or his or her designee or a school principal or other school administrator. (b) Any person taking action with respect to a child pursuant to Code Section 20-2-699 shall report such action to a school official of the public or private school in which such child is currently enrolled or would be enrolled by virtue of his or her primary residence, and to the child's parent or guardian. (c)(1) Except as provided in paragraph (2) of this subsection, within five days of an official encounter with a school age youth in this state, the employer of each law enforcement officer present for such official encounter shall provide a written report of such official encounter to a school official of the public or private school in which such school age youth is currently enrolled or would be enrolled by virtue of his or her primary residence and to his or her parent or guardian. (2) A written report of an official encounter provided for in paragraph (1) of this subsection shall not be required:
(A) When the interaction between the law enforcement officer and the school age youth is not incidental to the conduct of a law enforcement officer acting in his or her official capacity to enforce the criminal laws of this state or to prevent, detect, or investigate a crime; or (B) With respect to a school age youth whose presence during or participation in such official encounter is due exclusively to such school age youth being a witness or potential witness in a criminal investigation; provided, however, that the exception provided for in this subparagraph shall not apply if he or she is also a subject of such criminal investigation or is a suspect or person of interest in such criminal investigation. (d) This Code section shall not apply to school age youth in the physical custody of the Department of Juvenile Justice within a secure facility; provided, however, that this subsection shall not apply to school age youth who are in the physical or legal custody of the Department of Juvenile Justice in a nonsecure residential placement or other nonsecure intensive supervision program."

SECTION 2-11. Said chapter is further amended by revising Code Section 20-2-720, relating to inspection of students' records by parents, as follows:
"20-2-720. (a) As used in this Code section, the term:
(1) 'Education record' shall have the same meaning as provided for in Code Section 20-2-662. (2) 'Legal custodian' means an entity or individual other than a parent with legal authority to act on behalf of a student. Such term shall include the Department of Juvenile Justice and the Division of Family and Children Services of the Department of Human Services.

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(3) 'Local board of education' means the governing body of each local education agency as such terms are defined in Code Section 20-2-167.1. Such term shall include the school system of the Department of Juvenile Justice. (4) 'Parent' means an individual other than a legal custodian who has legal authority to act on behalf of a student as a natural or adoptive parent or a legal guardian. (b) No local board of education shall have a policy of denying, or which effectively prevents, the parents or legal custodians of students who are in attendance at or who have been enrolled in any facility within such system the right to inspect and review the education records of their child as provided in Code Section 20-2-667. (c) A parent or legal custodian shall be entitled to inspect and review only information relating to his or her own child or ward and if any material or document in a child's or ward's record includes information on another student, such information regarding any other student shall not be made available for inspection or review except to the parents or legal custodian of that student. (d) Both parents of a child shall be entitled to inspect and review the education records of their child or to be provided information concerning their child's progress. Information concerning a child's education record shall not be withheld from the noncustodial parent unless a court order has specifically removed the right of the noncustodial parent to such information or unless parental rights have been terminated. "

SECTION 2-12. Said chapter is further amended by revising Code Section 20-2-741, relating to positive behavioral interventions and supports and response to intervention, as follows:
"20-2-741. (a) As used in this Code section, the term:
(1) 'High needs school' means a public school which has received a school climate rating of '1-star' or '2-star' pursuant to Code Section 20-14-33. (2) 'Positive behavioral interventions and supports' or 'PBIS' means an evidence based data-driven framework to reduce disciplinary incidents, increase a school's sense of safety, and support improved academic outcomes through a multi-tiered approach, using disciplinary data and principles of behavior analysis to develop school-wide, targeted, and individualized interventions and supports. (3) 'Response to intervention' or 'RTI' means a framework of identifying and addressing the academic and behavioral needs of students through a tiered system. (b)(1) Local boards of education are encouraged to implement PBIS and RTI programs and initiatives in their schools, and particularly in high needs schools. (2) Local boards of education shall implement PBIS and RTI programs and initiatives in each elementary and middle school that is a high needs school. Such implementation shall include, but shall not be limited to:
(A) PBIS Tier 1 supports for 100 percent of students and school personnel;

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(B) Specific PBIS Tier 2 supports and interventions for students who are at risk for developing more serious unwanted behaviors, such as small group resilience and behavioral health skills lessons approved by the Department of Behavioral Health and Developmental Disabilities; and (C) Each school year, no less than 95 percent of school personnel receive two hours of student behavioral health awareness training approved by the Department of Behavioral Health and Developmental Disabilities. (c) The State Board of Education is authorized, subject to appropriations by the General Assembly, to provide funds to local school systems to support PBIS and RTI programs, initiatives, and personnel. (d) The State Board of Education is authorized to establish rules and regulations for PBIS and RTI programs and initiatives which receive funding pursuant to this Code section."

SECTION 2-13. Said chapter is further amended by revising Code Section 20-2-757, relating to applicability of public inspection and open meeting laws, as follows:
"20-2-757. (a) All proceedings and hearings conducted under this subpart shall be confidential and shall not be subject to the open meetings requirement of Code Section 50-14-1 or other open meetings laws. (b) All electronic or other written records of all hearings conducted under this subpart; all statements of charges; all notices of hearings; and all written decisions rendered by a hearing officer, tribunal, the local board of education, or the State Board of Education shall not be subject to public inspection or other disclosure under Article 4 of Chapter 18 of Title 50 or other public disclosure laws; provided, however, that the state board shall prepare a written summary of any proceeding conducted under this subpart, which summary shall include a description of the incident and the disposition thereof but shall not contain the names of any party to the incident. The summary shall be a public record. (c) Nothing in this Code section shall be construed to prohibit, restrict, or limit in any manner the disclosure of a student's education records to a receiving school as required by Code Section 20-2-670."

SECTION 2-14. Said chapter is further amended by revising Code Section 20-2-766.1, relating to proceeding against parents for failure to cooperate in educational programs and penalty, as follows:
"20-2-766.1. (a) A local board of education may, by petition to the juvenile court, proceed against a parent or guardian as provided in this Code section. (b) If the court finds that the parent or guardian has willfully and unreasonably failed to attend a conference requested by a principal pursuant to Code Section 20-2-765 or 20-2-766, the court may order the parent or guardian to attend such a conference, order

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the parent or guardian to participate in such programs or such treatment as the court deems appropriate to improve the student's behavior, or both. (c) If the court finds that the parent or guardian has willfully and unreasonably failed to authorize the release of student education records as required pursuant to Code Section 20-2-670, the court may order the parent or guardian to authorize the release of such records. (d) After notice and opportunity for hearing, the court may impose a fine, not to exceed $500.00, on a parent or guardian who willfully disobeys an order of the court entered under this Code section. The court may use its contempt and other powers specified in Code Section 15-11-31 to enforce any order entered under this Code section."

SECTION 2-15. Said chapter is further amended by revising Code Section 20-2-779.1, relating to suicide prevention and awareness training and no duty of care imposed, as follows:
"20-2-779.1. (a) As used in this Code section, the term 'evidence based' means a program or practice that:
(1) Demonstrates a statistically significant effect on relevant outcomes based on: (A) Strong evidence from at least one well-designed and well-implemented experimental study; (B) Moderate evidence from at least one well-designed and well-implemented quasi-experimental study; or (C) Promising evidence from at least one well-designed and well-implemented correlational study with statistical controls for selection bias; or
(2) Demonstrates a rationale based on high-quality research findings or positive evaluation that such program or practice is likely to improve relevant outcomes, and includes ongoing efforts to examine the effects of such program or practice. (b) The State Board of Education shall adopt rules to require that: (1) All certificated public school personnel receive annual training in youth violence and suicide awareness and prevention. Such training shall be provided within the framework of existing in-service training programs offered or facilitated by the Department of Education, the Department of Behavioral Health and Developmental Disabilities, or as part of required professional development offered by a local school system or public school; and
(2)(A) Beginning in the 2026-2027 school year, and continuing each school year thereafter, all public schools serving students in any one of grades six through 12 which receive funds in any manner from the state shall provide to students:
(i) At least one hour of evidence based suicide awareness and prevention training each school year; and (ii) At least one hour of evidence based youth violence prevention training each school year.

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(B) Such training may be delivered in person, remotely, or digitally and may be included as part of the health and physical education course of study provided for in subsection (c) of Code Section 20-2-142. (c)(1) By January 1, 2026, the Department of Education shall, in consultation with the Department of Behavioral Health and Developmental Disabilities, the Suicide Prevention Program established pursuant to Code Section 37-1-27, student violence and suicide prevention experts, other youth mental health experts, and elementary and secondary school counselors, social workers, and teachers, develop a list of approved evidence based training programs and materials to fulfill the requirements of this Code section which may include training programs and materials currently being used by a local school system or public school if such training programs and materials meet the criteria established by the department. (2) Approved training programs and materials: (A) Shall include information on how to identify appropriate mental health interventions and services, both within the school and also within the larger community, and when and how to facilitate such interventions and services for youth and their families; and (B) May include programs and materials that can be completed through self-review of suitable student violence and suicide awareness and prevention materials approved by the department upon the recommendation of the Department of Behavioral Health and Developmental Disabilities. (3) Approved training programs and materials for students shall, at a minimum, teach students: (A) How to recognize the observable signs and signals of depression, suicide, and self-injury in themselves and their peers; (B) How to recognize the observable warning signs and signals of persons who may be at risk of harming themselves or others; (C) The importance of seeking help for themselves and their peers and the process for seeking help; and (D) The steps that can be taken to report dangerous, violent, threatening, harmful, or potentially harmful behavior. (4) The Department of Education shall make the list of approved training programs and materials, including no-cost programming, if any, publicly available on its website and shall keep it timely updated by reviewing such list, at a minimum, every 36 months. (d)(1) Each local board of education or public school governing body shall: (A) Adopt policies, rules, and regulations on student suicide awareness and prevention. Such policies, rules, and regulations shall be developed in consultation with school and community stakeholders, school employed mental health professionals, and suicide prevention experts, and shall, at a minimum, address procedures relating to suicide prevention, intervention, and postvention;

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(B) Adopt policies, rules, and regulations for providing relevant and current information to students and their families and to school personnel regarding publicly available resources for the anonymous reporting of a dangerous, violent, threatening, harmful, or potentially harmful activity which occurs on, or is threatened to occur on, school property or which relates to a student or school personnel; and (C) Implement an evidence based youth violence prevention training program to instruct students how to recognize the observable warning signs and signals of someone who may be at risk of harming himself, herself, or others; the importance of taking threats seriously and seeking help; and how to report someone who is at risk, including by using the state-wide anonymous reporting program. (2) To assist public schools and local school systems in developing their own policies for student violence and suicide awareness and prevention, the Department of Education, in consultation with the Suicide Prevention Program within the Department of Behavioral Health and Developmental Disabilities, shall establish a model policy for use by public schools and local school systems in accordance with this Code section. (e) Each local board of education or public school governing body shall require each public school that sponsors or otherwise permits student organizations or clubs to designate a student-led youth violence prevention club to sustain awareness activities related to suicide prevention and violence prevention. Such student violence prevention club, including existing clubs, shall: (1) Be open to all members of the student body; (2) Engage in awareness activities related to youth suicide prevention, youth violence prevention, and social inclusion; (3) Foster opportunities for student leadership development; and (4) Have at least one administrator, teacher, or other school personnel serve as a faculty advisor. (f)(1) By July 1, 2026, each local board of education or public school governing body shall develop and operate, or contract with a provider to develop and operate, and make available an anonymous reporting program. (2) Such anonymous reporting program shall, at a minimum: (A) Be accessible by any person to report anonymously a dangerous, violent, threatening, harmful, or potentially harmful activity which occurs on, or is threatened to occur on, school property or which relates to a student or school personnel; (B) Provide support 24 hours per day, seven days per week for anonymous reporting through, at a minimum, a mobile telephone application and a multilingual crisis center, which shall be staffed by individuals with evidence based counseling and crisis intervention training; (C) Promptly forward reported information to the appropriate school based team; (D) Support a coordinated response to an identified crisis by schools, local emergency 9-1-1 public safety answering points, and local law enforcement agencies when response by schools and law enforcement is to be reasonably expected;

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(E) Require and certify the training of school based teams in each school to receive notice of any report submitted to the state-wide anonymous reporting program concerning the school, a student, or school personnel; (F) Require and certify the training of local emergency 9-1-1 public safety answering point personnel to receive notice of any report submitted to the state-wide anonymous reporting program that requires response from a local law enforcement agency; (G) Promote public awareness and education about the state-wide anonymous reporting program and its reporting methods, prior to its launch; and (H) Comply with all federal and state laws. (3) The provisions of this subsection shall not apply to any local school system or public school that, as of July 1, 2025, has an operating anonymous reporting program that substantially complies with the requirements of paragraph (2) of this subsection. (4) This subsection shall not be construed to interfere with or impede any existing contract any local school system or public school has with a provider to operate an anonymous reporting program; provided, however, that, to the extent that the terms of such contract do not require such provider to operate an anonymous reporting program in substantial compliance with the requirements of paragraph (2) of this subsection, such contract terms shall not be renewed beyond such contract's current expiration or termination date. (g) Each local school system and public school shall update its school safety plan required by Code Section 20-2-1185 by including a behavioral threat assessment management plan as provided for in Code Section 20-2-1185.1. (h) No person shall have a cause of action for any loss or damage caused by any act or omission resulting from the implementation of the provisions of this Code section or resulting from any training, or lack thereof, required by this Code section. (i) The training, or lack thereof, required by the provisions of this Code section shall not be construed to impose any specific duty of care."

SECTION 2-16. Said chapter is further amended by revising Code Section 20-2-785, relating to referral and assessment to determine whether withdrawal was to limit education, as follows:
"20-2-785. (a) In the event that a student does not for a period of 30 consecutive days attend the public school in which he or she is enrolled or provisionally enrolled and:
(1) The parent or guardian of such student does not notify the school of such student's withdrawal from such school; (2) The parent or guardian of such student does not notify the school of such student's enrollment or intent to enroll in a home study program or another school; (3) Such student is withdrawn from such school without a declaration filed pursuant to subsection (c) of Code Section 20-2-690; or

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(4) Such student is 16 years of age or older and stops attending such school without completing the conference required under subsection (e) of Code Section 20-2-690.1 the school shall refer the matter to the Division of Family and Children Services of the Department of Human Services and the RESA student affairs officer of the regional educational service agency in which such student resides, as provided for in subsection (b) of this Code section. (b) For each student who meets the requirements of subsection (a) of this Code section, such student's school shall: (1) Refer the matter to the Division of Family and Children Services to conduct an assessment for the purpose of determining whether such withdrawal was to avoid educating such student; provided, however, that completion of such conference or presentation of a copy of such filed declaration shall satisfy the requirements of this paragraph, and the Division shall immediately terminate such assessment; and (2) Refer the matter to the RESA student affairs officer of the regional educational service agency in which such student resides for the purpose of determining whether such student has enrolled in a home study program or another school and, if such student has enrolled in another school, to determine whether such school has received such student's education records from the student's previous schools; provided, however, that, upon receiving notice that such student has enrolled or intends to enroll in a home study program or another school, the referring school shall immediately notify the RESA student affairs officer of the regional educational service agency in which such student resides of such intent or enrollment and if such student has enrolled or intends to enroll in another school, confirm the date by which such student's education records will be released to such student's new school. (c) Nothing in the Code section shall be construed to prohibit or limit a public school from making reasonable efforts at any time to determine the whereabouts of a student who is withdrawn from such school without a declaration filed pursuant to subsection (c) of Code Section 20-2-690 or who stops attending such school without providing notice of enrollment or intent to enroll in a home study program or another school or, when such student is 16 years of age or older, without completing the conference required under subsection (e) of Code Section 20-2-690.1. Such efforts may include, but shall not be limited to: (1) Contacting the student's parent, guardian, or other legal custodian to inquire of the student's whereabouts and whether such student intends to withdraw from the school or has enrolled or intends to enroll in a home study program or another school; (2) Directing school personnel, including, but not limited to, school social workers and school security personnel, to conduct a wellness visit at the student's last known residence; and (3) As appropriate, referring the matter to the county or municipal law enforcement agency having territorial jurisdiction.

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(d) Each public school in which a student is enrolled or provisionally enrolled shall compile such student's complete education records and make such records available for immediate release to any person or entity authorized by law to receive such records:
(1) For each student who meets the requirements of subsection (a) of this Code section; and (2) Each time the school receives sufficient notice that such student is withdrawing from the school or is enrolling or intends to enroll in a home study program or another school."

SECTION 2-17. Said chapter is further amended in Code Section 20-2-786, relating to the "Parents' Bill of Rights," by revising subsection (f) as follows:
"(f) Each governing body shall, in consultation with parents, teachers, and administrators, develop and adopt a policy or regulation to promote parental involvement in the public schools. Such policy or regulation shall be updated each year by June 1 and posted on each governing body's public website, and a copy of such policy or regulation shall be available for review on site upon request by a parent. Such policy or regulation shall include:
(1) Procedures that meet the requirements of Code Sections 20-2-667 and 20-2-670 for a parent to review records relating to his or her minor child and to request the transfer of such records to another school or a person or entity authorized to receive such records;
(2)(A) Procedures for a parent to learn about his or her minor child's courses of study, including, but not limited to, parental access to instructional materials intended for use in the classroom. Instructional materials intended for use in his or her minor child's classroom shall be made available for parental review during the review period. If such instructional materials are not made available by a school or local school system for review online, then they shall be made available for review on site upon a parent's request made during the review period. (B) Procedures for a parent to object to instructional materials intended for use in his or her minor child's classroom or recommended by his or her minor child's teacher; (3) Procedures for a parent to withdraw his or her minor child from the school's prescribed course of study in sex education if the parent provides a written objection to his or her minor child's participation. Such procedures shall provide for a parent to be notified in advance of such course content so that he or she may withdraw his or her minor child from the course; (4) Procedures for a parent to provide written notice that photographs or video or voice recordings of his or her child are not permitted, subject to applicable public safety and security exceptions; and (5) Procedures that meet the requirements of Code Sections 20-2-667 and 20-2-670 for the timely production of a student's education records by such student's current or previous school to another school in which such student has enrolled, intends to enroll, or is considering enrollment."

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SECTION 2-18. Said chapter is further amended by revising Code Section 20-2-1183, relating to written agreement for law enforcement officers in schools, as follows:
"20-2-1183. (a) When a local school system assigns or employs law enforcement officers in schools, the local board of education shall have a collaborative written agreement with law enforcement officials to establish the role of law enforcement and school employees in school disciplinary matters and ensure coordination and cooperation among officials, agencies, and programs involved in school discipline and public protection. (b) By October 1, 2025, the collaborative written agreement required by this Code section shall include specific terms and conditions for the handling and disclosure of student education records, student data, and student personally identifiable data, as such terms are defined in Code Section 20-2-662. Such terms and conditions shall include, but shall not be limited to:
(1) Under what circumstances information regarding a student may or shall be disclosed to a law enforcement officer, a law enforcement agency, a judge or court personnel, or another state or local agency or officer with a legal interest in such information; (2) Whether any law enforcement officer who is subject to such agreement is or may act as a school official with access to student education records and the personally identifiable information contained therein; and (3) Whether the law enforcement officers who are subject to such agreement constitute a law enforcement unit, as such term is defined in the federal Family Education Rights and Privacy Act (FERPA) and its implementing regulations, 20 U.S.C. Section 1232g; and 34 C.F.R. Part 99.3; and, if so:
(A) What records shall be handled as law enforcement unit records and are not protected by FERPA; and (B) What records shall be handled as education records and are protected by FERPA. (c) By August 1, 2025, the Department of Education shall publish on its public website model language for the terms and conditions required by this Code section to be available for use by schools and law enforcement officers. Such model language shall be reviewed and updated from time to time as necessary to comport with the content of the guidance document promulgated by the Department of Education chief privacy officer as provided for in Code Section 20-2-663."

SECTION 2-19. Said chapter is further amended in said article by revising subsections (a) and (c) of Code Section 20-2-1185, relating to school safety plans and drills, as follows:
"(a) Every public school shall prepare a school safety plan to help curb the growing incidence of violence in schools, to respond effectively to such incidents, to address the behavioral health needs of students, and to provide a safe learning environment for Georgia's children, teachers, and other school personnel. Such plan shall also address

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preparedness for natural disasters, hazardous materials or radiological accidents, acts of violence, and acts of terrorism. School safety plans of public schools shall be prepared with input from students enrolled in that school, parents or legal guardians of such students, teachers in that school, community leaders, other school employees and school district employees, and local law enforcement, juvenile court, fire service, public safety, and emergency management agencies. As part of such plans, public schools shall provide for the coordination with local law enforcement agencies and the local juvenile court system. School safety plans shall include, at a minimum, the following strategy areas:
(1) Training school administrators, teachers, and support staff, including, but not limited to, school resource officers, security officers, secretaries, custodians, and bus drivers, on school violence prevention, school security, school threat assessment, mental health awareness, and school emergency planning best practices; (2) Evaluating and refining school security measures; (3) Updating and exercising school emergency preparedness plans; (4) Strengthening partnerships with public safety officials; (5) Creating enhanced crisis communications plans and social media strategies; (6) Addressing behavioral health needs of students and staff utilizing guidance from the Department of Behavioral Health and Developmental Disabilities; and (7) Developing a behavioral threat assessment and management process and plan utilizing guidance from the Georgia Emergency Management and Homeland Security Agency. School safety plans of private schools may be prepared with input from students enrolled in that school, parents or legal guardians of such students, teachers in that school, other school employees, and local law enforcement, fire service, public safety, and emergency management agencies. Such plans shall be reviewed and, if necessary, updated annually. Such plans of public schools shall be submitted to the local emergency management agency, the local law enforcement agency, the Georgia Emergency Management and Homeland Security Agency, and the Department of Behavioral Health and Developmental Disabilities, as provided for in Code Section 20-2-1185.1, for approval." "(c) School safety plans prepared by public schools shall address or include: (1) Security issues in school safety zones as defined in Code Section 16-11-127.1; (2) Security issues involving the transportation of students to and from school and school functions when such transportation is furnished by the school or school system and school functions held during noninstructional hours; (3) Specific plans to restrict ingress to or egress from all buildings and other facilities located on the school property; and (4) Specific plans for whether and when each of the following will be locked or actively supervised by school personnel, or both:
(A) Exterior doors and other access points of all buildings and other facilities located on the school property; and (B) Doors to all classrooms and other instructional spaces on the school property."

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SECTION 2-20. Said chapter is further amended in Article 27, relating to loitering at or disrupting schools, by adding a new Code section to read as follows:
"20-2-1185.1. (a) No later than January 1, 2027, each public school safety plan required by Code Section 20-2-1185 shall include provisions that address the behavioral health needs of students and a behavioral threat assessment management plan for providing a structured, multidisciplinary process to identify, assess, and mitigate potential threats while supporting the safety and well-being of students and school personnel.
(b)(1) Such behavioral threat assessment management plans shall be submitted to the Department of Behavioral Health and Developmental Disabilities for approval. (2) The Department of Behavioral Health and Developmental Disabilities shall provide technical assistance to the Department of Education, regional educational service agencies, and all local school systems and other public schools in this state, including models of service to address the behavioral health needs of students. (3) The Georgia Emergency Management and Homeland Security Agency shall coordinate with the Department of Behavioral Health and Developmental Disabilities with respect to providing training and technical assistance to the Department of Education, regional educational service agencies, and all local school systems and other public schools in this state on the development and implementation of such behavioral threat assessment management plans. (4) The Georgia Emergency Management and Homeland Security Agency shall coordinate with the Department of Behavioral Health and Developmental Disabilities, with respect to providing the same or similar training and technical assistance to private schools in this state."

SECTION 2-21. Said chapter is further amended in said article by adding a new Code section to read as follows:
"20-2-1186. (a) Subject to appropriations, the Georgia Emergency Management and Homeland Security Agency shall establish an emergency alert response system to be provided to public elementary and secondary schools in this state that allows a public elementary or secondary school to communicate with local school systems about threats made on or impacting a school campus or emergency procedures initiated upon a school campus due to an active threat to safety. (b) Subject to appropriations, the Georgia Emergency Management and Homeland Security Agency shall establish a secure state-wide alert system for use by public elementary and secondary schools in this state to report and monitor incidents of safety threats made on or impacting a school campus. The name of any person who threatens the safety of a school shall be included in such system; provided, however, that no student's

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name shall be entered on any such system until the threat to school safety has been investigated and verified by local law enforcement and the student has been evaluated by a certificated school social worker from the local school system, if any are employed by the local school system. The Georgia Emergency Management and Homeland Security Agency shall develop standards for determining when a verified threat qualifies for inclusion of a person within the system and a method for petitioning for removal from any system developed pursuant to this subsection. Any such standards and method may include a required evaluation of the student by a certificated school social worker. Such alert system shall be accessible only to designated personnel at each public elementary or secondary school in this state. When a student has been added to the alert system established pursuant to this subsection, the local school system shall provide the parents or guardians of such student with recommendations for counseling or other services."

PART III SECTION 3-1.

Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the juvenile code, is amended in Code Section 15-11-2, relating to definitions, by revising division (12)(A)(iii) as follows:
"(iii) Aggravated assault upon an individual or situation described in subsection (d), (h), or (k) of Code Section 16-5-21 or assault with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, actually does result in serious bodily injury; provided, however, that such injured person is not a public safety officer as defined in Code Section 16-5-19 and such acts are not prohibited under subsection (c) of Code Section 16-5-21;"

SECTION 3-2. Said chapter is further amended by revising Code Section 15-11-560, relating to concurrent and original jurisdiction of superior court relative to delinquency, as follows:
"15-11-560. (a) Except as provided in subsection (b) of this Code section, the court shall have concurrent jurisdiction with the superior court over a child who is alleged to have committed a delinquent act which would be considered a crime if tried in a superior court and for which an adult may be punished by loss of life, imprisonment for life without possibility of parole, or confinement for life in a penal institution. (b) The superior court shall have exclusive original jurisdiction over the trial of any child 13 to 17 years of age who is alleged to have committed any of the following offenses:
(1) Murder; (2) Murder in the second degree; (3) Voluntary manslaughter; (4) Rape;

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(5) Aggravated sodomy; (6) Aggravated child molestation; (7) Aggravated sexual battery; (8) Armed robbery if committed with a firearm; (9) Aggravated assault if committed with a firearm; (10) Aggravated battery upon a public safety officer as such acts are prohibited under subsection (c) of Code Section 16-5-24; (11) A terroristic act upon a school in violation of subsection (c) of Code Section 20-2-1181.1; or (12) Attempt to commit murder. (c) The granting of bail or pretrial release of a child charged with an offense enumerated in subsection (b) of this Code section shall be governed by the provisions of Code Section 17-6-1. (d) At any time before indictment, the district attorney may, after investigation and for cause, decline prosecution in the superior court of a child 13 to 17 years of age alleged to have committed an offense specified in subsection (b) of this Code section. Upon declining such prosecution in the superior court, the district attorney shall cause a petition to be filed in the appropriate juvenile court for adjudication within 72 hours if the child is in detention or 30 days if the child is not in detention. Except as provided in paragraph (8) of subsection (b) of Code Section 15-11-602, any case transferred by the district attorney to the juvenile court pursuant to this subsection shall be subject to the class A designated felony act provisions of Code Section 15-11-602, and the transfer of the case from superior court to juvenile court shall constitute notice to such child that such case is subject to the class A designated felony act provisions of Code Section 15-11-602. (e)(1) After indictment, the superior court may after investigation transfer to the juvenile court any case involving a child 13 to 17 years of age alleged to have committed any act described in paragraph (3), (5), (6), (7), (9), (10), (11), or (12) of subsection (b) of this Code section. In considering the transfer of such case, the court shall consider the criteria set forth in Code Section 15-11-562. Any such transfer shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate.
(2) Except as provided in paragraph (8) of subsection (b) of Code Section 15-11-602, any case transferred by the superior court to the juvenile court pursuant to this subsection shall be subject to the class A designated felony act provisions of Code Section 15-11-602, and the transfer of the case from superior court to juvenile court shall constitute notice to such child that such case is subject to the class A designated felony act provisions of Code Section 15-11-602. (f) The superior court may transfer any case involving a child 13 to 17 years of age alleged to have committed any offense enumerated in subsection (b) of this Code section and convicted of a lesser included offense not included in subsection (b) of this Code section

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to the juvenile court of the county of such child's residence for disposition. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. (g) Within 30 days of any proceeding in which a child 13 to 17 years of age is convicted of certain offenses over which the superior court has original jurisdiction as provided in subsection (b) of this Code section or adjudicated as a delinquent child on the basis of conduct which if committed by an adult would constitute such offenses, the superior court shall provide written notice to the school superintendent or his or her designee of the school in which such child is enrolled or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the specific criminal offense that such child committed. The local school system to which such child is assigned may request further information from the court's file. (h) As used in this Code section, the term 'firearm' means a handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge."

SECTION 3-3. Said chapter is further amended by revising subsection (a) of Code Section 15-11-562, relating to transfer criteria and written report, as follows:
"(a) The criteria that the juvenile court shall consider in determining whether to transfer an alleged delinquent child as set forth in subsection (a) of Code Section 15-11-561 to superior court and the criteria that the superior court shall consider in determining whether to transfer any case involving a child 13 to 17 years of age alleged to have committed any act described in paragraph (3), (5), (6), (7), (9), (10), (11), or (12) of subsection (b) of Code Section 15-11-560 to juvenile court as set forth in subsection (e) of Code Section 15-11-560 includes, but shall not be limited to:
(1) The age of such child; (2) The seriousness of the alleged offense, especially if personal injury resulted; (3) Whether the protection of the community requires transfer of jurisdiction; (4) Whether the alleged offense involved violence or was committed in an aggressive or premeditated manner; (5) The impact of the alleged offense on the alleged victim, including the permanence of any physical or emotional injury sustained, healthcare expenses incurred, and lost earnings suffered; (6) The culpability of such child including such child's level of planning and participation in the alleged offense; (7) Whether the alleged offense is a part of a repetitive pattern of offenses which indicates that such child may be beyond rehabilitation in the juvenile justice system; (8) The record and history of such child, including experience with the juvenile justice system, other courts, supervision, commitments to juvenile institutions, and other placements;

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(9) The sophistication and maturity of such child as determined by consideration of his or her home and environmental situation, emotional condition, and pattern of living; (10) The program and facilities available to the juvenile court in considering disposition; and (11) Whether or not a child can benefit from the treatment or rehabilitative programs available to the juvenile court."

SECTION 3-4. Said chapter is further amended by revising subsection (a) and paragraph (2) of subsection (b) of Code Section 20-2-1181, relating to disrupting operation of public school, school bus, or school bus stop, penalty, and progressive discipline, as follows:
"(a) It shall be unlawful for any person to knowingly, intentionally, or recklessly disrupt or interfere with the operation of any public school, public school bus, or public school bus stop as designated by local boards of education. For purposes of this Code section, an individual who knowingly, intentionally, or recklessly threatened, whether verbally, in writing, or otherwise, the death of or serious injury to a group of individuals who are, or will likely be, at or within a public school, public school bus, or public school bus stop, shall be considered to have disrupted or interfered with the operation of such public school, public school bus, or public school bus stop. Except as provided in subsection (b) of this Code section, a person convicted of violating this Code section shall be guilty of a misdemeanor of a high and aggravated nature."
"(2) A local board of education shall develop a system of progressive discipline that may be imposed on a child accused of violating this Code section before initiating a complaint. Such system of progressive discipline shall include a requirement that when there is a credible accusation that an individual threatened, whether verbally, in writing, or otherwise, the death of or serious injury to a group of individuals, pursuant to subsection (a) of this Code section, who are, or will likely be, at or within a public school that such individual attends, or has attended, the school shall be authorized to temporarily assign such individual to remote learning and provide counseling to such individual and shall initiate an investigation into such violation. Upon completion of such investigation which results in substantive findings related to such violation, the school may elect to reinstate the individual or impose relevant discipline."

SECTION 3-5. Said chapter is further amended in Article 27, relating to loitering at or disrupting schools, by adding a new Code section to read as follows:
"20-2-1181.1. (a) As used in this Code section, the term:
(1) 'Hazardous substance' shall have the same meaning as set forth in Code Section 12-8-92.

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(2) 'Weapon' shall have the same meaning as set forth in Code Section 16-5-44.1. Such term shall include, but shall not be limited to, each item included in paragraph (4) of subsection (a) of Code Section 16-11-127.1. (b) A person commits the offense of a terroristic threat of a school when he or she threatens to commit any crime of violence, release any hazardous substance, or burn or damage property and such threat is made: (1) With the purpose of terrorizing another who at the time of such threat is physically present:
(A) On public or private school operated property, including, but not limited to, school buildings and school grounds; (B) On a school bus or other vehicle furnished by a public or private school for the transportation of students; or (C) At a public or private school sponsored activity; (2) With the purpose of causing the evacuation of: (A) Public or private school operated property, including, but not limited to, school buildings and school grounds; or (B) A school bus or other vehicle furnished by a public or private school for the transportation of students; or (3) In reckless disregard of the risk of causing the terror or evacuation described in paragraph (1) or (2) of this subsection; provided, however, that no person shall be convicted under this subsection based on the uncorroborated testimony of the party to whom the threat is communicated. (c) A person commits the offense of a terroristic act upon a school when he or she commits an act of using a weapon or flaming symbol or flambeau, releasing any hazardous substance or any simulated hazardous substance under the guise of a hazardous substance, or, while not in the commission of a lawful act, shooting at a conveyance which is being operated or which is occupied by passengers and such act is committed: (1) With the purpose of terrorizing another who at the time of such act is physically present: (A) On public or private school operated property, including, but not limited to, school buildings and school grounds; (B) On a school bus or other vehicle furnished by a public or private school for the transportation of students; or (C) At a public or private school sponsored activity; or (2) With the purpose of causing the evacuation of: (A) Public or private school operated property, including, but not limited to, school buildings and school grounds; or (B) A school bus or other vehicle furnished by a public or private school for the transportation of students. (d)(1) A person convicted of the offense of a terroristic threat of a school shall be punished as for a misdemeanor; provided, however, that, if the threat suggested the death

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of any person, the person shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $1,000.00, imprisonment for not less than one nor more than five years, or both; and provided, further, that, if any person suffers a serious physical injury as a direct result of a threat giving rise to a conviction under subsection (b) of this Code section, the person shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $250,000.00, imprisonment for not less than five nor more than 40 years, or both. (2) A person convicted of the offense of a terroristic act upon a school shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $5,000.00, imprisonment for not less than one nor more than ten years, or both; provided, however, that, if any person suffers a serious physical injury as a direct result of an act giving rise to a conviction under subsection (c) of this Code section, the person shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $250,000.00, imprisonment for not less than five nor more than 40 years, or both."

PART IV. SECTION 4-1.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The provisions of Sections 2-8, 3-3, and 3-4 of this Act shall be applicable to any offenses committed on or after the effective date of this Act.

SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed.

Approved April 28, 2025.

__________

EDUCATION MAKE DUAL ACHIEVEMENT PROGRAM A PERMANENT STATE-WIDE PROGRAM.

No. 18 (House Bill No. 217).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to update provisions relating to ineligibility for election to a local board of education; to provide for the education savings authority to make limited disclosures to the Department of Revenue for purposes of verifying income as compared to income thresholds; to extend the Dual

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Achievement Program for an additional five years; to provide updated eligibility requirements for the program beginning July 1, 2026; to provide for continued eligibility for students already enrolled in the program; to provide for QBE funding and accountability assessments to be included in the program; to provide for policies, rules, and regulations; to provide for participation agreements; to provide for reporting; to provide for automatic repeal; to provide definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Code Section 20-2-51, relating to election of local board of education members, persons ineligible to be members of superintendent, ineligibility for local boards of education, and ineligibility for other elective offices, by revising subparagraph (c)(4)(B) as follows:
"(B) Notwithstanding subsection (b) of Code Section 20-2-244, in local school systems in which the current enrollment count conducted pursuant to Code Section 20-2-160 does not exceed a full-time equivalent count of 2,800, the State Board of Education shall be authorized to waive this paragraph upon the request of a local board of education or an individual attempting to qualify to run for local board of education member and in accordance with the provisions of subsections (d) and (e) of Code Section 20-2-244; provided, however, that prior to submitting any such request, the local board of education shall, upon its own initiative, or at the request of such individual attempting to qualify to run for local board of education member:
(i) Provide 30 days' notice of the individual's intent to run for office; and (ii) Conduct a public hearing for the purpose of providing an opportunity for full discussion and public input on the issue of potential nepotism problems and other concerns with regard to such waiver. The public hearing shall be advertised at least seven days prior to the date of such hearing in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised. The public hearing may be conducted in conjunction with a regular or called meeting of the local board or may be conducted independently, at the local board's discretion. The cost of such notice and public hearing shall be borne by the local board. The State Board of Education shall approve or deny a waiver request no later than 45 days after receipt of such waiver request, taking into consideration whether the benefit to the public would justify approval of the waiver. An approved waiver must be received by the local election superintendent prior to an individual's filing of a declaration or notice of candidacy in accordance with Article 4 of Chapter 2 of Title 21."

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SECTION 2. Said title is further amended in Code Section 20-2B-5, relating to powers of the education savings authority, by revising subsection (b) and by adding a new subsection to read as follows:
"(b) Except as provided in subsection (d) of this Code section, pursuant to Code Section 50-18-70, the education savings authority shall not disclose and shall keep confidential, in each case unless identifying information has been redacted:
(1) Records that include information identifying a student or former student by name, address except for ZIP Code, telephone number, or emergency contact; and (2) Records that reveal an individual's social security number, mother's birth name, credit card information, debit card information, bank account information, account number, utility account number, password used to access his or her account, financial data or information, insurance or medical information in all records, unlisted telephone number if so designated in a public record, personal email address or cellular telephone number, or month and day of birth." "(d) As necessary to enforce the provisions of this chapter, the education savings authority or its duly authorized agents may submit to the state revenue commissioner the names of applicants for promise scholarship accounts or account funds or other benefits or payments provided under this chapter, as well as the relevant income threshold specified therein. If the education savings authority elects to contract with the state revenue commissioner for such purposes, the state revenue commissioner and his or her agents or employees shall notify the education savings authority whether each submitted applicant's income exceeds the relevant income threshold provided. The education savings authority shall pay the state revenue commissioner for all costs incurred by the Department of Revenue pursuant to this subsection. No information shall be provided by the Department of Revenue to the education savings authority without an executed cooperative agreement between the two entities. Any tax information secured from the federal government by the Department of Revenue pursuant to express provisions of Section 6103 of the Internal Revenue Code may not be disclosed by the Department of Revenue pursuant to this subsection. Any person receiving any tax information under the authority of this subsection is subject to the provisions of Code Section 48-7-60 and to all penalties provided under Code Section 48-7-61 for unlawful divulging of confidential tax information."

SECTION 3. Said title is further amended in Chapter 4, relating to vocational, technical, and adult education, by revising Article 6, relating to the Dual Achievement Program, as follows:

20-4-140. As used in this article, the term:

"ARTICLE 6

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(1) 'Dual Achievement Program' or 'program' means the program provided for in this article. (2) 'Eligible student' means a student who meets the qualifications to participate in the program. (3) 'Extracurricular activities' and 'interscholastic activities' shall have the same respective meanings as set forth in Code Section 20-2-319.6. (4) 'QBE formula earnings' means funds earned for the Quality Basic Education Formula pursuant to Code Section 20-2-161 and shall include the portion of such funds that are calculated as the local five mill share in accordance with Code Section 20-2-164. QBE formula earnings shall include the salary portion of direct instructional costs, the adjustment for training and experience, the nonsalary portion of direct instructional costs, and earnings for psychologists and school social workers, school administration, facility maintenance and operation, media centers, and staff development, as determined by the Department of Education. (5) 'State board' means the State Board of the Technical College System of Georgia. (6) 'Resident school' means the public school in which an eligible student is or would be enrolled based on his or her primary residence. (7) 'Resident school system' means the public school system in which an eligible student is or would be enrolled based on his or her primary residence. (8) 'Technical college system' means the Technical College System of Georgia.

20-4-141. (a)(1) The state board shall, in coordination with the State Board of Education, Department of Education, the Department of Juvenile Justice, the Department of Corrections, and the Office of Planning and Budget, establish a pilot program to allow students who meet eligibility requirements to qualify for enrollment in the Dual Achievement Program at a participating unit of the technical college system and, upon successful completion of the program, be awarded a high school diploma. The purpose of the pilot program is to assess the feasibility of implementing a state-funded program for eligible students who have withdrawn from high school to enroll in a unit of the technical college system to participate in an academic and technical education and training program which, upon successful completion, allows the student to earn a high school diploma while also earning a technical college associate degree, a technical college diploma, or technical college certificates of credit in specific career pathways. (2) To implement the pilot program, notwithstanding any other provision of law to the contrary, the state board and the State Board of Education shall be authorized to waive or provide variances to state rules, regulations, policies, and procedures and to provisions of this title that may be reasonably necessary to meet the goals of the pilot program, including, but not limited to, such rules, regulations, policies, procedures, and provisions as relate to the calculation, allocation, and distribution of QBE formula earnings. Such waivers or variances shall automatically expire at the end of ten years unless an earlier

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expiration is provided for. The state board and the State Board of Education shall be authorized to seek waivers or variances of federal laws, rules, regulations, policies, and procedures that may be reasonably necessary to meet the goals of the pilot program. (3) The pilot program, as determined by the state board, may include up to five units of the technical college system for a period of ten years. In an effort to pilot the program under various conditions present in the state, the state board shall seek to include in the pilot program units of the technical college system from various geographic areas in the state. (4) The state board shall review the results of the pilot program and shall no later than November 15 each year during the program provide the Office and Planning and Budget and the chairpersons of the House Committee on Education, the Senate Education and Youth Committee, the House Committee on Higher Education, the Senate Higher Education Committee, the House Committee on Appropriations, and the Senate Appropriations Committee with a comprehensive report on the program with any recommendations for its continued use and any needed changes in the program. Such report shall include a comprehensive list of any such waivers or variances implemented or requested as provided for in paragraph (2) of this subsection, a statement of necessity for each waiver or variance, and with respect to any such requests, whether each request was granted in whole or in part. (b) The pilot program established by the state board pursuant to this article shall provide for the award of a high school diploma by the state board to students who successfully complete the program. (c) The state board shall determine the specific competencies concerning the skills and knowledge needed for completion of each component of the program; provided, however, that the state board shall make such determination regarding the skills and knowledge needed to meet the requirements for a high school diploma as provided for in this program in consultation with the State Board of Education and the Department of Education. (d) The state board shall provide for preliminary review of academic records, including, but not limited to official secondary school transcripts, submitted by prospective students to determine whether such students meet the requirements provided for in paragraphs (1) and (2) of subsection (e) of this Code section. If a prospective student meets such requirements, the student shall be so notified and allowed to complete a readiness assessment required by the technical college system. Students who meet the requirements provided for in paragraphs (1) and (2) of subsection (e) of this Code section and attain an acceptable score of admission on the readiness assessment shall be notified that they are eligible to participate in the program, subject to meeting the requirements provided for in the applicable paragraphs of subsection (f) of this Code section. (e) To be eligible to participate in the program, a student shall: (1) Be 16 years of age or older; (2) Have completed at least six of the nine following state required ninth and tenth grade level high school courses: two English courses, two mathematics courses, two science

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courses, two social studies courses, and one health and physical education course; and any state required tests associated with any such courses; (3) Receive an acceptable score of admission on the readiness assessment required by the technical college system; and (4) Meet the requirements provided for in the applicable paragraph of subsection (f) of this Code section. (f)(1) Before July 1, 2026, to be eligible to participate in the program, a student shall be withdrawn from a public secondary school of this state, shall meet the requirements provided for in subsection (e) of this Code section, and shall provide the following:
(A) If an unemancipated minor: (i) Verification that the student's parent or legal guardian attended a conference with the student's high school principal or the principal's designee as provided for in subsection (e) of Code Section 20-2-690.1; (ii) A copy of the form provided for in subsection (e) of Code Section 20-2-690.1 signed by the student's parent or legal guardian; (iii) Written acknowledgment by the student's parent or guardian that withdrawal of the student from secondary school may result in loss of eligibility for accommodations, specialized instruction, and other services pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C. Section 1400, et seq., and Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. Section 701, et seq.; and (iv) Written acknowledgment that the high school diploma available through the Dual Achievement Program requires successful completion of the program; or
(B) If an emancipated minor or a student who is 18, 19, or 20 years of age: (i) Written acknowledgment that the student has conferred with his or her secondary school principal or the principal's designee or a qualified designated official of the technical college system and discussed alternatives to withdrawing from high school without completing graduation requirements and potential consequences of not having a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities; (ii) Written acknowledgment by the student's parent or guardian that withdrawal of the student from secondary school may result in loss of eligibility for accommodations, specialized instruction, and other services pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C. Section 1400, et seq., and Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. Section 701, et seq.; and (iii) Written acknowledgment that the high school diploma available through the Dual Achievement Program requires successful completion of the program.
(2) Beginning July 1, 2026, to be eligible to participate in the program, a student shall be enrolled in a public secondary school of this state, shall not have reached 21 years

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of age, shall meet the requirements provided for in subsection (e) of this Code section, and shall provide the following: (A) Written acknowledgment that such student shall not be eligible to participate in extracurricular activities or interscholastic activities under the sponsorship, direction, or control of such student's resident school or resident school system; and (B) Written acknowledgment that the high school diploma available through the Dual Achievement Program requires successful completion of the program. (g) Any student who is enrolled in the program on June 30, 2026, shall remain eligible to participate in the program according to the terms and conditions of such student's original eligibility to participate in the program. (h) By March 1, 2026, the State Board of Education shall adopt any policies, rules, or regulations that are necessary to ensure that any student who withdraws from his or her resident school or resident school system and subsequently wishes to participate in the program shall be permitted to re-enroll in such resident school or resident school system in order to participate in the program on and after July 1, 2026. Such policies, rules, and regulations shall provide for such students to complete such re-enrollment without having to appear at such resident school or resident school system. Upon collaboration with the state board, such policies, rules, and regulations may provide for such re-enrollment to be facilitated by the technical college system. (i) The state board shall award a high school diploma to a student enrolled in the program provided for in this article who: (1) Completes all student counseling and assessment requirements of the program; (2) Completes rigorous coursework at a participating unit of the technical college system; and (3) Completes: (A) A technical college associate degree program; (B) A technical college diploma program; or (C) At least two technical college certificate of credit programs in one specific career pathway. (j) A student who meets the requirements of subsection (h) of this Code section shall be deemed to have met all graduation requirements of the State Board of Education and shall not be subject to any assessments otherwise required for purposes of graduation. (k) The state board, in consultation with the State Board of Education, Department of Education, the Department of Juvenile Justice, the Department of Corrections, and the Office of Planning and Budget, shall establish rules and regulations to implement the provisions of this article.

20-2-141.1. (a) By January 1, 2026, the State Board of Education, in collaboration with the state board, the Office of Planning and Budget, and the Office of Student Achievement, shall establish whatever policies, rules, and regulations are necessary to implement the requirements of

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this article, including, but not limited to, any such policies, rules, or regulations that are necessary to accurately account for each student who is participating in the program pursuant to paragraph (2) of subsection (f) of Code Section 20-4-141 in the counts required by Code Section 20-2-160. (b) For each eligible student enrolled in the program on or after July 1, 2026, the State Board of Education shall pay to the state board an amount not less than a proportional share of QBE formula earnings, QBE grants, and federal funds earned by the resident school system for such eligible student. Such proportional share shall be calculated pro rata based on the number of one-sixth segments of the school day such eligible student attends at a participating unit of the technical college system.
(c)(1) By April 1, 2026, and by April 1 each year thereafter, the state board and the State Board of Education shall publish on the public website of the technical college system a comprehensive list of courses at participating units of the technical college system that shall be counted towards high school diploma requirements and shall be considered a one-sixth segment of the school day for the purposes of this article. Once such a comprehensive list is published on the public website of the technical college system, it may only be revised upon written agreement by the state board and the State Board of Education detailing the reasons for each revision. In the event such comprehensive list is revised pursuant to such a written agreement, the comprehensive list published on the public website of the technical college system shall be updated immediately along with a copy of such written agreement. (2) Each revision to the comprehensive list required by paragraph (1) of this subsection shall be prospective, and no revision to such comprehensive list shall result in any adverse action for any student enrolled and in good standing at the time of such revision. (d) Beginning July 1, 2026, each resident school system with an eligible student who is participating in the program pursuant to paragraph (2) of subsection (f) of Code Section 20-4-141 shall enter into a participation agreement with the state board agreeing that each such student: (1) Is enrolled in the resident school system and resident school for administrative purposes and for the purposes of education accountability assessment programs provided for in Article 2 of Chapter 14 of this title only; and (2) Shall not be eligible to participate in extracurricular activities or interscholastic activities under the sponsorship, direction, or control of such student's resident school or resident school system.

20-4-142. This article shall stand repealed on July 1, 2031."

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SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved April 28, 2025.

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EDUCATION HIGH DEMAND APPRENTICESHIP PROGRAM; OPPORTUNITIES FOR APPRENTICESHIP SPONSORS TO ENTER INTO APPRENTICESHIP PROGRAM CONTRACTS WITH STATE BOARD OF THE TECHNICAL COLLEGE SYSTEM OF GEORGIA; PROVIDE.

No. 19 (Senate Bill No. 180).

AN ACT

To amend Article 7 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to the High Demand Apprenticeship Program, so as to provide opportunities for apprenticeship sponsors to enter into apprenticeship program contracts with the State Board of the Technical College System of Georgia; to provide for completion awards to apprenticeship sponsors for the successful completion of such contracts; 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 7 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to the High Demand Apprenticeship Program, is amended in Code Section 20-4-151, relating to purpose, employer partnerships, required information, contracts, awards, and limitations, by revising subsections (b), (d), and (e) and paragraph (2) of subsection (g) as follows:
"(b) An employer sponsor or apprenticeship sponsor may apply to the board for the opportunity to enter into a contract to perform the requirements of conducting an apprenticeship program for a specific apprentice. Such contract shall require the employer sponsor's apprentice or apprenticeship sponsor's apprentice to successfully complete an apprenticeship program." "(d) Upon successful completion of the requirements of a contract under this article, the board shall provide a contract completion award to the employer sponsor or apprenticeship sponsor. The contract completion award amount shall be determined based on the number

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of hours of education and training required for the successful completion of the apprenticeship under such apprenticeship program but shall not exceed:
(1) $10,000.00 per apprentice for contracts entered into before July 1, 2024; and (2) $5,000.00 per apprentice for contracts entered into on or after July 1, 2024. (e) Each employer sponsor or apprenticeship sponsor shall only be eligible to enter into contracts under this article for up to: (1) Five apprentices per year through the end of Fiscal Year 2024; and (2) Ten apprentices per year beginning with Fiscal Year 2025 and continuing each fiscal year thereafter." "(2) Provide funding to award employer sponsors or apprenticeship sponsors up to $2,500.00 per apprentice 12 months after the start of his or her apprenticeship."

SECTION 2. Said article is further amended in Code Section 20-4-154, relating to rules and regulations, by revising paragraph (4) as follows:
"(4) The terms of agreement between an employer sponsor or apprenticeship sponsor and the board."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved April 28, 2025.

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EDUCATION POSTSECONDARY; ADULT WORKFORCE HIGH SCHOOL DIPLOMA PROGRAM; ESTABLISH; TECHNICAL COLLEGE SYSTEM OF GEORGIA.

No. 20 (Senate Bill No. 193).

AN ACT

To amend Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to vocational, technical, and adult education, so as to authorize the State Board of the Technical College System of Georgia to establish the adult workforce high school diploma program; to provide for the selection of third-party providers to administer the program; to provide

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requirements for approved program providers; to provide for disbursement of funds to approved program providers; to provide for reporting; to provide for definitions; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to vocational, technical, and adult education, is amended by adding a new article to read as follows:

"ARTICLE 9

20-4-170. As used in this article, the term:
(1) 'Academic skill intake assessment' means a criterion referenced assessment of numeracy and literacy skill with high reliability and validity as determined by third-party research, which assessment may be administered in person or online. (2) 'Adult workforce high school diploma program' and 'program' mean the program provided for in this article. (3) 'Approved program provider' means a third-party entity that applies to participate in the program, is approved by the state board, and agrees to meet all program requirements. (4) 'Average cost per graduate' means the average cost per graduate calculated in accordance with Code Section 20-4-172. (5) 'Cohort' means all students who enter the program between July 1 and June 30 of each program year. (6) 'Eligible student' means an individual who:
(A) Resides in this state; (B) Is between 21 and 40 years of age at the time of enrollment; (C) Has not attained a high school diploma; (D) Does not meet any of the ineligibility criteria provided for in subsection (b) of Code Section 20-3-519.1; and (E) Has previously been enrolled in a public primary or secondary school or adult education program in this state. (7) 'Employability skills certification' means a certificate earned by demonstrating professional nontechnical skills through assessment and includes, but is not limited to, the program standards of the United States Department of Labor's 'Skills to Pay the Bills: Mastering Soft Skills for Workplace Success' program. (8) 'Graduation rate' means the graduation rate calculated in accordance with Code Section 20-4-172.

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(9) 'Industry recognized credential' means an education related credential or work related credential that verifies an individual's qualification or competence and is issued by an entity with the authority to issue such credential. (10) 'Measurement period' means the two-year period beginning July 1 of the year the cohort begins through June 30 of the subsequent fiscal year. (11) 'Milestones' means measures of student progress for which funds are disbursed to approved program providers pursuant to Code Section 20-4-173. (12) 'Program funding' means funding received by an approved program provider pursuant to Code Section 20-4-173. (13) 'Program year' means the period beginning on July 1 of each year and ending on June 30 of the immediately following year. (14) 'Stackable credential' means a credential that is part of a sequence of credentials that can be accumulated over time to build up an individual's qualifications to advance along a career pathway. (15) 'State board' means the State Board of the Technical College System of Georgia. (16) 'Transcript evaluation' means a documented summary of credits earned in previous public or private accredited high schools compared with this state's requirements to earn a high school diploma. (17) 'Workforce credential' means an industry recognized credential or a stackable credential.

20-4-171. (a) The state board shall be authorized to establish the adult workforce high school diploma program to allow eligible students to qualify for enrollment in the program, and upon successful completion of the program, to be awarded a high school diploma. (b) The state board shall be authorized to approve program providers to administer the program. Such approved program providers shall be selected through an application process, which application process shall be as follows:
(1) Not later than August 15 of each year, the state board shall make available an application for third-party entities to apply to become approved program providers; (2) Not later than September 15 of each year, the state board shall review applications, approve program providers that meet the requirements set forth in this article, and make available a list of approved program providers on the state board's public website; and (3) Approved program providers shall be authorized to begin enrolling eligible students upon being approved by the state board as an approved program provider. (c) To implement the program, notwithstanding any other provision of law to the contrary, the state board shall be authorized to waive or provide variances to state rules, regulations, policies, and procedures and to seek waivers or variances of federal laws, rules, regulations, policies, and procedures that may be reasonably necessary to meet the goals of the program.

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(d) The state board shall be authorized to promulgate rules and regulations necessary to implement the provisions of this article.

20-4-172. (a) Approved program providers shall:
(1) Be accredited by: (A) Southern Association of Colleges and Schools Commission on Colleges; (B) Georgia Accrediting Commission; (C) Cognia; or (D) A successor entity or consolidation of any of the above entities;
(2) Offer the following to eligible students at no cost to such students: (A) Academic skill intake assessments and transcript evaluations for eligible students; (B) A documented plan for each eligible student that shall include the requirements for such student to complete the program and earn a high school diploma; (C) Remedial education services in numeracy and literacy; (D) A course catalog that includes all courses necessary to earn a high school diploma; (E) One or more programs through which eligible students can earn a workforce credential; (F) One or more programs through which eligible students can earn an employability skills certification; (G) One or more courses that help eligible students enter or advance within a specific occupation or occupational cluster; and (H) All courses necessary to meet the requirements to earn a high school diploma;
(3) Have a graduation rate of not less than 50 percent; and (4) Have an average cost per graduate of not more than $7,500.00. (b) If an approved program provider fails to meet the standards set forth in paragraphs (3) and (4) of subsection (a) of this Code section, the state board shall place such approved program provider on probationary status for the remainder of the program year. If an approved program provider fails to meet such standards by the end of the subsequent program year, such approved program provider shall no longer be an approved program provider. (c)(1) Average cost per graduate shall be calculated by dividing the total program funding disbursed to an approved program provider for a cohort during the time period from the beginning of the cohort through the end of the measurement period by the total number of students in that cohort who earned a high school diploma during the measurement period. (2) Graduation rate shall be calculated by dividing the number of students in a cohort who earned a high school diploma during the measurement period by the number of students in such cohort for which such approved program provider has received program funding.

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20-4-173. (a)(1) Subject to appropriations specifically for the purpose of the program, the state board shall be authorized to disburse funds appropriated by the General Assembly for the implementation of the program to approved program providers for the following milestones reached by students in amounts not to exceed: (A) For the completion of each half unit of high school credit when such credit is required to earn a high school diploma, $275.00; (B) For each employability skills certification earned by a student, $275.00; (C) For each workforce credential earned by a student when such credential requires not more than 50 hours of training, $275.00; (D) For each workforce credential earned by a student when such credential requires more than 50 but not more than 100 hours of training, $550.00; (E) For each workforce credential earned by a student when such credential requires more than 100 hours of training, $825.00; or (F) For each high school diploma earned by a student, $1,100.00. (2) Funds shall be disbursed pursuant to this subsection to approved program providers in the order in which the reports required by subsection (b) of this Code section are received by the state board. (3) No later than the last day of each month, the state board shall notify approved program providers of the total amount of funds disbursed to approved program providers and the amount of funds remaining for the program for the fiscal year.
(b) In order to receive the funds provided for in subsection (a) of this Code section, approved program providers shall, no later than the tenth day of each month, submit to the state board a report which shall include all milestones met by students in the previous month. (c) Funds received by approved program providers pursuant to this Code section shall be used for providing and preparing for instruction, instructional materials, and support services for students, including coaching and mentoring. Such funds shall not be used to build or expand brick-and-mortar infrastructure.

20-4-174. (a) Beginning in 2027, no later than August 15 of each year, each approved program provider shall submit a report to the state board which shall include:
(1) The number of eligible students participating in the program; (2) The number of units of high school credit earned by such students; (3) The number of employability skills certificates earned by such students; (4) The number of workforce credentials earned by such students; and (5) The number of students who earned a high school diploma through participation in the program. (b) Beginning in 2027, no later than December 1 of each year, the state board shall provide the Governor, the President of the Senate, the Speaker of the House of Representatives, and

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the chairpersons of the House Committee on Education, the Senate Education and Youth Committee, the House Committee on Higher Education, and the Senate Higher Education Committee with a report that includes:
(1) The information reported to the state board pursuant to subsection (a) of this Code section; (2) The amount of funds disbursed to each approved program provider and the milestones for which such funding was disbursed; (3) The graduation rate for each approved program provider; and (4) The average cost per graduate for each approved program provider.

20-4-175. This article shall stand repealed on July 1, 2031."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved April 28, 2025.

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EDUCATION POSTSECONDARY; PRIVATE COLLEGES AND UNIVERSITIES; TUITION EQUALIZATION GRANTS; APPROVED SCHOOL; DEFINITION.

No. 21 (Senate Bill No. 149).

AN ACT

To amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions regarding tuition equalization grants at private colleges and universities, so as to revise the definition of approved school; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions regarding tuition equalization grants at private colleges and universities, is amended by revising division (2)(B)(i) as follows:
"(B)(i) A qualified proprietary institution of higher education located in this state which is a baccalaureate degree-granting institution of higher education; which is

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accredited by the Southern Association of Colleges and Schools Commission on Colleges as a Level VI institution; which is not a Bible school or college (or, at the graduate level, a school or college of theology or divinity); which admits as regular students only persons who have a high school diploma, a state approved high school equivalency (HSE) diploma, or a degree from an accredited postsecondary institution; whose students are eligible to participate in the federal Pell Grant program; which has been reviewed and approved for operation and for receipt of tuition equalization grant funds by the Georgia Nonpublic Postsecondary Education Commission; which is domiciled and incorporated in the State of Georgia; which has been located in this state since on or before January 1, 2021; and which met all of the requirements of this subparagraph by January 1, 2021; provided, however, that the criteria for approval for receipt of tuition equalization grant funds shall include but not be limited to areas of course study; quality of academic instruction; student placement rate; research and library resources; faculty; support staff; financial resources; instructional campuses, facilities, or other physical sites; and support and equipment resources."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved April 30, 2025.

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GENERAL ASSEMBLY DIGITIZATION AND ELECTRONIC PUBLICATION OF GEORGIA LAWS; PROVIDE.

No. 22 (House Bill No. 484).

AN ACT

To amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide for the digitization and electronic publication of the Georgia Laws; to provide for assistance and oversight by the Georgia Code Revision Commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended in Code Section 28-4-3, relating to the creation, qualifications, and powers and duties of the Office of Legislative Counsel, by revising subsection (e) as follows:

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"(e) The legislative counsel shall provide for the compiling, indexing, editing, and publication of the Georgia Laws containing the Acts and resolutions of the General Assembly and other appropriate materials. Except as otherwise authorized in Code Section 50-18-2, such Acts and resolutions shall be published electronically or in hardbound volumes in a manner which is suitable for retention as permanent records. In the case of any special session of the General Assembly, however, the separate publication and distribution of the Acts and resolutions enacted at that special session may be omitted, and in such case the Acts and resolutions enacted at the special session shall be published electronically or in print and distributed together with those enacted at the subsequent regular session. Distribution of the Georgia Laws shall be carried out by the Secretary of State as provided for in Code Section 45-13-22; and the Secretary of State shall notify the legislative counsel of the numbers of volumes required to carry out such distribution."

SECTION 2. Said title is further amended in Code Section 28-9-3, relating to and powers and duties of the Code Revision Commission, by adding a new subsection to read as follows:
"(17.1) To provide assistance and oversight for the digitization and electronic publication of the Georgia Laws so as to create a permanent digital repository of the session laws of Georgia and to provide single-point public access to the local and general Acts and the resolutions of the General Assembly;"

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved April 30, 2025.

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APPEAL AND ERROR APPELLATE PRACTICE; DIGITAL RECORDING OF CERTAIN TRIAL PROCEEDINGS; PROVIDE.

No. 23 (House Bill No. 179).

AN ACT

To amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating appellate practice, so as to provide for the digital recording of certain trial proceedings; to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to procedure for persons under sentence of state court of record, so as to provide for digital recording of certain felony trial proceedings; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the digital

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recording of certain Georgia State-wide Business Court proceedings; to provide for the utilization and regulation of digital recording systems; 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:

PART I SECTION 1-1.

Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, is amended by revising Code Section 5-6-41, relating to reporting, preparation, and disposition of transcript, correction of omissions or misstatements, preparation of transcript from recollections, filing of disallowed papers, filing of stipulations in lieu of transcript, and reporting at party's expense, as follows:
"5-6-41. (a) For any felony trial; for any post-indictment evidentiary hearing in a felony case excluding arraignments, guilty pleas, bond hearings, and any hearings in which no witness testifies; and for all proceedings in a case in which the prosecuting attorney has filed a notice of intent to seek the death penalty, the transcript of evidence and proceedings shall be reported and prepared by a court reporter as provided in Code Section 17-8-5 or as otherwise provided by law. In all other felony proceedings, the transcript of evidence and proceedings shall either be reported and prepared by a court reporter as provided in Code Section 17-8-5 or as otherwise provided by law or, except as provided in Code Section 5-6-41, in the judge's discretion, be recorded via a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the council of the affected class or classes of trial courts. (b) In all misdemeanor cases, the trial judge may, in the judge's discretion, require the reporting and transcribing of the evidence and proceedings by a court reporter on terms prescribed by the trial judge, or, except as provided in Code Section 5-6-41, may require the recording of the evidence and proceedings via a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the council of the affected class or classes of trial courts. (c) In all civil cases tried in the superior and city courts, in the Georgia State-wide Business Court, and in any other court, the judgments of which are subject to review by the Supreme Court or the Court of Appeals, the trial judge thereof may require the parties to have the proceedings and evidence reported by a court reporter, the costs thereof to be borne equally between them, or, except as provided in Code Section 5-6-41, recorded via a digital recording system, as defined in Code Section 15-14-22, and as provided for by

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uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the council of the affected class or classes of trial courts; and, where an appeal is taken which draws in question the transcript of the evidence and proceedings, it shall be the duty of the appellant to have the transcript prepared at the appellant's expense. Where it is determined that the parties, or either of them, are financially unable to pay the costs of reporting or transcribing, and the proceeding was not recorded by a digital recording system, as defined in Code Section 15-14-22, the judge may, in the judge's discretion, authorize trial of the case unreported; and, when it becomes necessary for a transcript of the evidence and proceedings to be prepared, it shall be the duty of the moving party to prepare the transcript from recollection or otherwise. (d) Where a trial in any civil or criminal case is reported by a court reporter or recorded via a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the council of the affected class or classes of trial courts, all motions, colloquies, objections, rulings, evidence, whether admitted or stricken on objection or otherwise, copies or summaries of all documentary evidence, the charge of the court, and all other proceedings which may be called in question on appeal or other posttrial procedure shall be reported or recorded; and, where the report or recording is transcribed, all such matters shall be included in the written transcript, it being the intention of this article that all these matters appear in the record. Where matters occur which were not reported or recorded, such as objections to oral argument, misconduct of the jury, or other like instances, the court, upon motion of either party, shall require that a transcript of these matters be made and included as a part of the record. The transcript of proceedings shall not be reduced to narrative form unless by agreement of counsel; but, where the trial is not reported or recorded or the transcript of the proceedings for any other reason is not available and the evidence is prepared from recollection, it may be prepared in narrative form. (e) Where a civil or criminal trial is reported by a court reporter or recorded via a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the council of the affected class or classes of trial courts, and the evidence and proceedings are transcribed, a court reporter shall complete the transcript and file the original and one copy thereof with the clerk of the trial court, together with the court reporter's certificate attesting to the correctness thereof. In criminal cases where the accused was convicted of a capital felony, an additional copy shall be filed for the Attorney General, for which the court reporter shall receive compensation from the Department of Law as provided by law. The original transcript shall be transmitted to the appellate court as a part of the record on appeal; and one copy will be retained in the trial court, both as referred to in Code Section 5-6-43. Upon filing by the court reporter, the transcript shall become a part of the record in the case and need not be approved by the trial judge.

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(f) Where any party contends that the transcript or record does not truly or fully disclose what transpired in the trial court and the parties are unable to agree thereon, the trial court shall set the matter down for a hearing with notice to both parties and resolve the difference so as to make the record conform to the truth. If anything material to either party is omitted from the record on appeal or is misstated therein, the parties by stipulation, or the trial court, either before or after the record is transmitted to the appellate court, on a proper suggestion or of its own initiative, may direct that the omission or misstatement shall be corrected and, if necessary, that a supplemental record shall be certified and transmitted by the clerk of the trial court. The trial court or the appellate court may at any time order the clerk of the trial court to send up any original papers or exhibits in the case, to be returned after final disposition of the appeal. (g) Where a proceeding is recorded via a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the council of the affected class or classes of trial courts, such recording shall not be considered the record of the proceeding unless it is transcribed and certified pursuant to subsection (b) of Code Section 15-14-5. Such transcript shall not be created if the recorded proceeding is also taken down and transcribed by a court reporter. (h) Where a trial is not reported or recorded as referred to in subsections (b) and (c) of this Code section or where for any other reason the transcript of the proceedings is not obtainable and a transcript of the evidence and proceedings is prepared from recollection, the agreement of the parties thereto or their counsel, entered thereon, shall entitle such transcript to be filed as a part of the record in the same manner and with the same binding effect as a transcript filed by the court reporter as referred to in subsection (e) of this Code section. In case of the inability of the parties to agree as to the correctness of such transcript, the decision of the trial judge thereon shall be final and not subject to review; and, if the trial judge is unable to recall what transpired, the judge shall enter an order stating that fact. (i) Where any amendment or other pleading or paper which requires approval or sanction of the court in any proceeding before being filed of record is disallowed or sanction thereof is refused, the amendment, pleading, or paper may nevertheless be filed, with notation of disallowance thereon, and shall become part of the record for purposes of consideration on appeal or other procedure for review. (j) In lieu of sending up a transcript of record, the parties may by agreement file a stipulation of the case showing how the questions arose and were decided in the trial court, together with a sufficient statement of facts to enable the appellate court to pass upon the questions presented therein. Before being transmitted to the appellate court, the stipulation shall be approved by the trial judge or the presiding judge of the court where the case is pending. (k) In all cases, civil or criminal, any party may as a matter of right have the case reported by a court reporter at the party's own expense."

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SECTION 1-2. Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to procedure for persons under sentence of state court of record, is amended by revising Code Section 9-14-50, relating to transcription of proceedings, as follows:
"9-14-50. All trials held under this article shall be recorded via a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the council of the affected class or classes of trial courts and transcribed by a court reporter, or taken down and transcribed by a court reporter, as designated by the superior court hearing the case."

PART II SECTION 2-1.

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-5A-14, relating to the employment and compensation of other personnel, as follows:
"15-5A-14. The judge of the Georgia State-wide Business Court may employ and fix the salaries of stenographers, clerical assistants, and such other employees as may be deemed necessary by the court; and the salaries therefor shall be paid by the clerk from the amount appropriated by the General Assembly for such purposes. Except as provided in subsection (k) of Code Section 5-6-41, the judge may also provide for the recording of cases via a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the Georgia State-wide Business Court."

SECTION 2-2. Said title is further amended by revising subsection (a) of Code Section 15-7-47, relating to court reporters, waiver, and compensation relative to state courts, as follows:
"(a) State courts shall make available for the reporting of civil and criminal trials a court reporter, as defined in Code Section 15-14-22, or a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of The Council of State Court Judges of Georgia, subject to the laws governing same in the superior courts of this state, or both. Except as provided in subsection (k) of Code Section 5-6-41, the judge shall have discretion as to whether to use a digital recording system, as defined in Code Section 15-14-22."

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SECTION 2-3. Said title is further amended by revising subsection (f) of and by adding a new subsection to Code Section 15-12-83, relating to oath of court reporter attending grand jury proceeding, compensation, and role and responsibilities, to read as follows:
"(f) The district attorney may utilize a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the council of the affected class or classes of trial courts to record grand jury proceedings. (g) Except as otherwise provided in this Code section, a recording, any court reporter's notes, and any transcript prepared from such recording or notes shall be provided solely to the district attorney, who shall retain control of such recording, notes, and transcript. The district attorney may use such materials to the extent such use is appropriate to the proper performance of his or her official duties, including compliance with Article 1 of Chapter 16 of Title 17."

SECTION 2-4. Said title is further amended by revising Code Section 15-14-1, relating to power of superior court judges to appoint and remove, oath, and duties, as follows:
"15-14-1. The judges of the superior courts shall have power to appoint and, at their pleasure, to remove a court reporter, as defined in Code Section 15-14-22, for the courts of their respective circuits. The court reporter, before entering on the duties of the court reporter's office, shall be duly sworn in open court to perform faithfully all the duties required of the court reporter by law. It shall be the court reporter's duty to attend all courts in the circuit for which such court reporter is appointed and, when directed by the judge, to record exactly and truly or take stenographic notes of the testimony and proceedings in the case tried, except the arguments of counsel. Except as provided for in subsection (k) of Code Section 5-6-41, the judges may provide for the recording of cases and proceedings via a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of The Council of Superior Court Judges of Georgia when such recording is authorized pursuant to Code Section 5-6-41."

SECTION 2-5. Said title is further amended by revising subsection (a) of Code Section 15-14-2, relating to power of city court judges to appoint and compensation, as follows:
"(a) The judges of the city courts of this state having concurrent jurisdiction with the superior courts of this state to try misdemeanor cases and to try civil cases where the amount involved exceeds $500.00, where not otherwise specifically provided for by law, may appoint an official court reporter, as defined in Code Section 15-14-22, whose compensation for reporting criminal and civil cases and for attendance upon court shall be

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the same as provided by the Judicial Council pursuant to Code Section 15-5-21. Except as provided in subsection (k) of Code Section 5-6-41, the judges may also provide for the recording of cases via a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the council of the affected class or classes of trial courts. The court reporter reporting and transcribing civil cases shall be paid by the party or parties requesting the reporting or transcribing."
SECTION 2-6. Said title is further amended by revising Code Section 15-14-5, relating to duty to transcribe and certificate, as follows:
"15-14-5. (a) It shall be the duty of each court reporter to transcribe the evidence and other proceedings of which he has taken notes as provided by law whenever requested so to do by counsel for any party to such case and upon being paid the legal fees for such transcripts. The reporter, upon delivering the transcript to such counsel, shall affix thereto a certificate signed by him or her reciting that the transcript is true, complete, and correct. Subject only to the right of the trial judge to change or require the correction of the transcript, the transcript so certified shall be presumed to be true, complete, and correct. (b) When a court proceeding has been recorded via a digital recording system, as defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the council of the affected class or classes of trial courts, if requested or required by law, a transcript shall be prepared by a certified court reporter. If a court reporter receives such recording from the court, the court reporter shall transcribe the recording completely and accurately in accordance with rules promulgated by the Judicial Council of Georgia or any applicable uniform rules. The court reporter, upon delivering the transcript to the requesting party or upon filing it with the clerk, shall affix thereto a signed certificate reciting that the transcript is true, complete, and correct. Subject only to the right of the trial judge to change or require the correction of the transcript, a transcript so certified shall be presumed to be true, complete, and correct."

SECTION 2-7. Said title is further amended by revising Code Section 15-14-22, relating to definitions relative to training and certification of court reporters, as follows:
"15-14-22. As used in this article, the term:
(1) 'Board' means the Board of Court Reporting of the Judicial Council. (2) 'Certified court reporter' means any person certified under this article to practice verbatim reporting. (3) 'Court reporter' means any person who is engaged in the practice of court reporting as a profession as defined in this article. Such term shall include not only those who

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actually report judicial proceedings in courts but also those who make verbatim records as described in paragraph (4) of this Code section. (4) 'Court reporting' means the making of a verbatim record by means of manual shorthand, machine shorthand, closed microphone voice dictation silencer, or by other means of personal verbatim reporting of any testimony given under oath before, or for submission to, any court, referee, or court examiner or any board, commission, or other body created by statute, or by the Constitution of this state or in any other proceeding where a verbatim record is required. The taking of a deposition is the making of a verbatim record as described in this article. Such term shall not include the operation of a digital recording system aside from those methods of making a verbatim record that require the passage of an examination accepted by the board pursuant to Code Section 15-14-30. (5) 'Digital recording system' means any method for creating an electronic audio or audiovisual recording of a court proceeding for the purpose of creating a verbatim transcript as provided for by uniform court rules adopted and published by order of the Supreme Court with the advice and consent of the council of the affected class or classes of trial courts."

PART III SECTION 3-1.

This Act shall become effective on January 1, 2026.

SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

Approved April 30, 2025.

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REVENUE AND TAXATION INCOME TAX; CERTAIN MEDICAL PRECEPTOR ROTATIONS; REVISE TAX.

No. 24 (House Bill No. 144).

AN ACT

To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to revise a tax credit for certain medical preceptor rotations; to add dentistry; to increase the value of the tax credit; to revise definitions; to provide for an aggregate annual cap; to extend the sunset provision for such tax credit; to provide for related

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matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by revising Code Section 48-7-29.22, relating to tax credits for certain medical preceptor rotations, as follows:
"48-7-29.22. (a) As used in this Code section, the term:
(1) 'Advanced practice registered nurse student' means an individual participating in a training program in this state that is accredited by a nationally recognized accrediting body for advanced practice registered nursing programs for the training of individuals to become advanced practice registered nurses as defined in Code Section 43-26-3. (2) 'Community based faculty preceptor' means an individual who is a physician as defined in Code Section 43-34-21, a licensed dentist as defined in Code Section 43-11-1, an advanced practice registered nurse as defined in Code Section 43-26-3, or a physician assistant as defined in Code Section 43-34-102 and who is licensed as such by this state. (3) 'Medical student' means an individual participating in a training program in this state that is approved by the Georgia Composite Medical Board for the training of doctors of medicine or doctors of osteopathic medicine or by the Georgia Board of Dentistry for the training of dentists. (4) 'Physician assistant student' means an individual participating in a training program in this state that is approved by the Georgia Composite Medical Board for the training of individuals to become physician assistants as defined in Code Section 43-34-102. (5) 'Preceptorship rotation' means a period of preceptorship training of one or more medical students, physician assistant students, or advanced practice registered nurse students that in aggregate totals 160 hours. (6) 'Preceptorship training' means uncompensated community based training of a medical student, advanced practice registered nurse student, or physician assistant student matriculating in a training program in Georgia. (b)(1) A community based faculty preceptor shall be allowed a credit against the tax imposed by Code Section 48-7-20 if he or she conducts a preceptorship rotation. (2) Such credit shall be accrued on a per preceptorship rotation basis in the amount of $1,000.00 for each preceptorship rotation completed in one calendar year by a community based faculty preceptor who is a physician as defined in Code Section 43-34-21 or a licensed dentist as defined in Code Section 43-11-1 and $750.00 for each preceptorship rotation completed in one calendar year by a community based faculty preceptor who is an advanced practice registered nurse as defined in Code Section 43-26-3 or a physician assistant as defined in Code Section 43-34-102.

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(3) An individual shall not accrue credit for more than ten preceptorship rotations in one calendar year. (4) The aggregate amount of tax credits allowed pursuant to this Code section shall not exceed $6 million for any calendar year. (c)(1) A community based faculty preceptor shall not be eligible to earn hours credited toward preceptorship training if he or she has not registered with the state-wide Area Health Education Centers (AHEC) Program Office at Augusta University. (2) The AHEC Program Office at Augusta University shall administer the Preceptor Tax Incentive Program established pursuant to this Code section and certify preceptorship rotations for the department on behalf of all eligible public and private training programs for medicine, osteopathic medicine, dentistry, advanced practice nursing, and physician assistant at institutions in this state for the department. (d) To receive the credit allowed by this Code section, a community based faculty preceptor shall claim such credit on his or her return for the tax year in which he or she completed the preceptorship rotation; shall certify that he or she did not receive payment during such tax year from any source for the training of a medical student, advanced practice registered nurse student, or physician assistant student; and shall submit supporting documentation as prescribed by the commissioner. (e) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. No such tax credit shall be allowed the taxpayer against prior or succeeding years' tax liability. (f)(1) On August 1, 2020, and annually thereafter, the commissioner and the AHEC Program Office at Augusta University shall issue a report to the Governor, the chairperson of the Senate Finance Committee, and the chairperson of the House Committee on Ways and Means concerning the tax credit created by this Code section. (2) Such report shall include, for the prior calendar year, the:
(A) Number of community based faculty preceptors claiming a credit; (B) Total number of preceptorship rotations completed; (C) Number of medical students, advanced practice registered nurse students, and physician assistant students who participated in a preceptorship rotation; and (D) Total amount of credits awarded pursuant to this Code section. (g) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section. (h) This Code section shall stand repealed by operation of law at the last moment of December 31, 2030."

SECTION 2. This Act shall become effective on July 1, 2025, and shall be applicable to all taxable years beginning on or after January 1, 2026.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved April 30, 2025.

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COURTS DOUGLAS JUDICIAL CIRCUIT; A FOURTH JUDGE OF THE SUPERIOR COURTS; PROVIDE.

No. 25 (Senate Bill No. 88).

AN ACT

To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for a fourth judge of the superior courts of the Douglas Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of such judge; to prescribe the compensation, salary, and expense allowance of such judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of such circuit to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to provide for an additional court reporter for such circuit; to authorize the governing authority of the counties comprising the Douglas Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for such judges; to declare inherent authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, is amended by revising paragraph (15.1) as follows:
"(15.1) Douglas Circuit.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4"

SECTION 2. One additional judge of the superior courts is added to the Douglas Judicial Circuit, thereby increasing to four the number of judges of said circuit.

SECTION 3. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2026, and continuing through December 31, 2028, and until his or her successor

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is elected and qualified. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2028 for a term of four years beginning on January 1, 2029, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election every four years thereafter for terms of four years and until their successors are elected and qualified. The newly elected and qualified judge shall take office on the first day of January following the date of the election.

SECTION 4. The additional judge of the superior courts of the Douglas Judicial Circuit shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any judge of the Douglas Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.

SECTION 5. The qualifications of such additional judge and his or her successors shall be the same as are now provided by law for all other superior court judges, and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties comprising the Douglas Judicial Circuit shall be the same as are now provided by law for the other superior court judges of such circuit. The provisions, if any, enacted for the supplementation by the counties of such circuit of the salary of the judges of the superior courts of the Douglas Judicial Circuit shall also be applicable to the additional judge provided for by this Act.

SECTION 6. All writs and processes in the superior courts of the Douglas Judicial Circuit shall be returnable to the terms of such superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of such courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide four judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of such superior courts and to direct and conduct all hearings and trials in such courts.

SECTION 7. Upon and after qualification of the additional judge of the superior courts of the Douglas Judicial Circuit, the judges of such circuit may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the decision of a

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majority shall control, or, in the absence of a majority, the decision of the chief judge shall be controlling. The judges of the superior courts of the Douglas Judicial Circuit shall have and are clothed with full power, authority, and discretion to determine from time to time and term to term the manner of calling the dockets, fixing the calendars, and order of business in such courts. They may assign to one such judge the hearing of trials by jury for a term and the hearing of all other matters not requiring a trial by jury to the other judges, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within such circuit, or they may hear chambers business and motion business at the same time at any place within such circuit. They may provide in all respects for holding the superior courts of such circuit so as to facilitate the hearing and determination of all the business of such courts at any time pending and ready for trial or hearing. In all such matters relating to the fixing, arranging for, and disposing of the business of such courts and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as provided for in this Act shall control.

SECTION 8. The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted by any of the judges of the superior courts of such circuit; and they, or any one such judge, shall have full power and authority to draw and impanel jurors for service in such courts so as to have jurors for the trial of cases before any such judges separately or before each of them at the same time.

SECTION 9. The judges of the superior courts of the Douglas Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.

SECTION 10. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Douglas Judicial Circuit may bear teste in the name of any judge of the Douglas Judicial Circuit and, when issued by and in the name of any judge of such circuit, shall be fully valid and may be heard and determined before the same or any other judge of such circuit. Any judge of such circuit may preside over any case therein and perform any official act as judge thereof.

SECTION 11. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Douglas Judicial Circuit shall be authorized to furnish the judges of such circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper

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functioning of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.

SECTION 12. Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.

SECTION 13. All laws and parts of laws in conflict with this Act are repealed.

Approved April 30, 2025.

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COURTS AUGUSTA JUDICIAL CIRCUIT; A SIXTH JUDGE OF THE SUPERIOR COURTS; PROVIDE.

No. 26 (Senate Bill No. 145).

AN ACT

To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for a sixth judge of the superior courts of the Augusta Judicial Circuit; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of such judge; to prescribe the compensation, salary, and expense allowance of such judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of such circuit to divide and allocate the work and duties thereof; to provide for the manner of impaneling jurors; to provide for an additional court reporter for such circuit; to authorize the governing authority of the counties comprising the Augusta Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for such judges; to declare inherent authority; 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. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, is amended by revising paragraph (5) as follows:
"(5) Augusta Circuit.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6"

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SECTION 2. One additional judge of the superior courts is added to the Augusta Judicial Circuit, thereby increasing to six the number of judges of said circuit.

SECTION 3. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2026, and continuing through December 31, 2028, and until his or her successor is elected and qualified. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2028 for a term of four years beginning on January 1, 2029, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election every four years thereafter for terms of four years and until their successors are elected and qualified. The newly elected and qualified judge shall take office on the first day of January following the date of the election.

SECTION 4. The additional judge of the superior courts of the Augusta Judicial Circuit shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any judge of the Augusta Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.

SECTION 5. The qualifications of such additional judge and his or her successors shall be the same as are now provided by law for all other superior court judges, and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties comprising the Augusta Judicial Circuit shall be the same as are now provided by law for the other superior court judges of such circuit. The provisions, if any, enacted for the supplementation by the counties of such circuit of the salary of the judges of the superior courts of the Augusta Judicial Circuit shall also be applicable to the additional judge provided for by this Act.

SECTION 6. All writs and processes in the superior courts of the Augusta Judicial Circuit shall be returnable to the terms of such superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of such courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide six judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of such superior courts and to direct and conduct all hearings and trials in such courts.

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SECTION 7. Upon and after qualification of the additional judge of the superior courts of the Augusta Judicial Circuit, the judges of such circuit may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the decision of a majority shall control, or, in the absence of a majority, the decision of the chief judge shall be controlling. The judges of the superior courts of the Augusta Judicial Circuit shall have and are clothed with full power, authority, and discretion to determine from time to time and term to term the manner of calling the dockets, fixing the calendars, and order of business in such courts. They may assign to one such judge the hearing of trials by jury for a term and the hearing of all other matters not requiring a trial by jury to the other judges, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within such circuit, or they may hear chambers business and motion business at the same time at any place within such circuit. They may provide in all respects for holding the superior courts of such circuit so as to facilitate the hearing and determination of all the business of such courts at any time pending and ready for trial or hearing. In all such matters relating to the fixing, arranging for, and disposing of the business of such courts and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as provided for in this Act shall control.

SECTION 8. The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted by any of the judges of the superior courts of such circuit; and they, or any one such judge, shall have full power and authority to draw and impanel jurors for service in such courts so as to have jurors for the trial of cases before any such judges separately or before each of them at the same time.

SECTION 9. The judges of the superior courts of the Augusta Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.

SECTION 10. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Augusta Judicial Circuit may bear teste in the name of any judge of the Augusta Judicial Circuit and, when issued by and in the name of any judge of such circuit, shall be fully valid and may be heard and determined before the same or any other judge of

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such circuit. Any judge of such circuit may preside over any case therein and perform any official act as judge thereof.

SECTION 11. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Augusta Judicial Circuit shall be authorized to furnish the judges of such circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper functioning of the court. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.

SECTION 12. Except as expressly stated, nothing in this Act shall be construed to alter or repeal any provision of any local Act relating to the Augusta Judicial Circuit. Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.

SECTION 13. This Act shall become effective for the purposes of appointing the additional judge upon its approval by the Governor or upon its becoming law without such approval, and for all other purposes on January 1, 2026.

SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

Approved April 26, 2025.

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EDUCATION "GEORGIA EARLY LITERACY ACT"; THE THREE-CUING SYSTEM FROM INCLUSION IN HIGH-QUALITY INSTRUCTIONAL MATERIALS OR STRUCTURED LITERACY; PROHIBIT.

No. 27 (Senate Bill No. 93).

AN ACT

To amend Code Section 20-2-153.1 of the Official Code of Georgia Annotated, the "Georgia Early Literacy Act," so as to provide for criteria for core curricula for state approved educator preparation programs aligned to the science of reading to guide curricula and instruction; 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 20-2-153.1 of the Official Code of Georgia Annotated, the "Georgia Early Literacy Act," is amended by adding a new subsection to read as follows:
"(d.1) The Professional Standards Commission shall adopt rules which establish criteria for core curricula for each state approved educator preparation program. Such rules shall include, but shall not be limited to, the following:
(1) The use of content standards established by the State Board of Education that are aligned to the science of reading to guide curricula and instruction; (2) Evidence based standards for the teaching of reading that:
(A) Are exclusively aligned with the science of reading; (B) Prepare teachers to provide explicit, systematic, sequential, and cumulative approaches to teaching phonemic awareness, phonics, vocabulary, fluency, and text comprehension; and (C) Employ multisensory and multimodal intervention strategies; (3) Content literacy and mathematics practices; (4) Strategies appropriate for the instruction of English language learners; (5) Strategies appropriate for the instruction of students with disabilities; (6) Strategies to differentiate instruction based on student needs; (7) Strategies and practices to support research based content aligned to state standards and grading practices; (8) Strategies appropriate for the early identification of a student with a reading deficiency; and (9) Strategies to support the use of technology in education and distance learning."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved April 30, 2025.

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HEALTH CODIFY RIGHT TO IN VITRO FERTILIZATION FOR INDIVIDUALS.

No. 41 (House Bill No. 428).

AN ACT

To amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, so as to provide that nothing in Georgia law prohibits or prevents an individual from obtaining in vitro fertilization in this state; to provide for a definition; to provide for related matters; to provide for legislative findings; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The General Assembly finds that:
(1) Millions of Americans and Georgians have struggled to have children; (2) In vitro fertilization is a safe, effective, and legal way to make the dream of having children possible for many of those individuals; (3) Many members of this legislative body have received inquiries from the public regarding the legal status of this procedure; and (4) Such uncertainty needs to be addressed through legislation confirming that nothing in Georgia law prohibits or prevents an individual from obtaining in vitro fertilization in this state.

SECTION 2. Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, is amended by adding a new Code section to read as follows:
"31-1-26. (a) As used in this Code section, the term 'in vitro fertilization' means a type of fertility treatment in which oocytes are removed from a female's ovary and, in an embryology laboratory, fertilized with a male's sperm to form one or more embryos that begin development in such laboratory and are subsequently transferred to a female's uterus or preserved for future use. (b) Nothing in this Code shall be construed to prohibit or prevent an individual from obtaining in vitro fertilization in this state."

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 1, 2025.

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INSURANCE MEDICALLY NECESSARY EXPENSES FOR STANDARD FERTILITY PRESERVATION SERVICES WHEN A MEDICALLY NECESSARY TREATMENT FOR CANCER, SICKLE CELL DISEASE, OR LUPUS MAY DIRECTLY OR INDIRECTLY CAUSE AN IMPAIRMENT OF FERTILITY; REQUIRE COVERAGE.

No. 42 (House Bill No. 94).

AN ACT

To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to require certain health benefit policies to include coverage for certain expenses for standard fertility preservation services when a medically necessary treatment for cancer, sickle cell disease, or lupus may directly or indirectly cause an impairment of fertility; to provide for definitions; to provide for exclusions; to allow for certain cost-sharing requirements; to provide for rules and regulations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding a new Code section to read as follows:
"33-24-59.34. (a) As used in this Code section, the term:
(1) 'Health benefit policy' means any individual or group plan, policy, or contract for healthcare services issued, delivered, issued for delivery, or renewed in this state by an insurer that provides major medical benefits. Such term shall not include any plans, policies, or contracts executed by the state. Such term shall not include self-funded, employer sponsored health insurance plans subject to the exclusive jurisdiction of the federal Employee Retirement Income Security Act of 1974, as codified and amended at 29 U.S.C. Section 1001, et seq.

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(2) 'Iatrogenic infertility' means an impairment of fertility caused directly or indirectly by a medically necessary treatment for cancer, sickle cell disease, or lupus. (3) 'Insurer' means any person, corporation, or other entity authorized to provide health benefit policies under this title, including a healthcare corporation, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, or any similar entity. (4) 'Medically necessary treatment' means a medically necessary treatment for cancer, sickle cell disease, or lupus that has a potential side effect of iatrogenic infertility. Such treatment includes but is not limited to the surgical removal of the primary or secondary reproductive organs, chemotherapy, radiation therapy, and bone marrow transplantation. (5) 'Standard fertility preservation services' means procedures to preserve fertility that are consistent with established medical practices or professional guidelines. Such services include but are not limited to egg, sperm, embryo, and ovarian tissue cryopreservation. (b) Every health benefit policy renewed or issued after January 1, 2026, shall include coverage for expenses for standard fertility preservation services when a medically necessary treatment may directly or indirectly cause iatrogenic infertility in any covered person. Such coverage shall include evaluation expenses, laboratory assessments, medications, and treatments associated with standard fertility preservation services, including storage of gametes for up to one year. (c) The coverage provided for in subsection (b) of this Code section may: (1) Exclude costs associated with storage of gametes for more than one year; (2) Include age restrictions; (3) Include a lifetime limit per procedure per eligible insured; and (4) Be limited to nonexperimental procedures. (d) The benefits in a health benefit policy as provided in subsection (b) of this Code section shall be subject to the same deductibles, coinsurance, and copayment provisions established for all covered benefits within such health benefit policy. Special deductibles, coinsurance, copayment, or other limitations that are not generally applicable to other hospital, medical, or surgical services covered by a health benefit policy shall not be imposed on coverage for standard fertility preservation services. (e) The Commissioner shall promulgate rules and regulations necessary to implement the provisions of this Code section in accordance with current guidelines established by professional medical organizations such as the American Society of Clinical Oncology or the American Society for Reproductive Medicine."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 1, 2025.

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HEALTH HEALTHCARE PROVIDERS, FACILITIES, AND PHARMACIES TO PROVIDE THE MATERNAL MORTALITY REVIEW COMMITTEE WITH PSYCHIATRIC OR OTHER CLINICAL RECORDS; REGIONAL PERINATAL CENTER ADVISORY COMMITTEE; ESTABLISH.

No. 43 (House Bill No. 89).

AN ACT

To amend Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the department of public health, so as to require healthcare providers, healthcare facilities, and pharmacies to provide the Maternal Mortality Review Committee with psychiatric records; to provide for the establishment of the Regional Perinatal Center Advisory Committee; to provide for its composition and duties; to provide for assessment and recommendations to the commissioner of public health; to require that hospitals interested in being a designated regional perinatal center provide the department of public health with certain criteria; to provide that such department present a plan every four years; to provide for definitions; to amend Code Section 37-3-166 of the Official Code of Georgia Annotated, relating to treatment of clinical records, when release permitted, scope of privileged communications, liability for disclosure, and notice to sheriff of discharge, so as to permit the release of clinical records of a deceased patient or deceased former patient to the Maternal Mortality Review Committee; to amend Code Section 45-16-24 of the Official Code of Georgia Annotated, relating to notification of suspicious or unusual deaths, court ordered medical examiner's inquiry, and written report of inquiry, so as to remove the requirement that a medical examiner's inquiry for pregnant female deaths be done through a regional perinatal center; 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 2A of Title 31 of the Official Code of Georgia Annotated, relating to the department of public health, is amended by revising subsection (d) of Code Section 31-2A-16, relating to Maternal Mortality Review Committee established, as follows:

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"(d)(1) Health care providers licensed pursuant to Title 43, health care facilities licensed pursuant to Chapter 7 of Title 31, and pharmacies licensed pursuant to Chapter 4 of Title 26 shall provide reasonable access to the committee to all relevant medical records associated with a case under review by the committee within 30 days of receiving a request for such records, unless prohibited by state or federal law. (2) A health care provider, health care facility, or pharmacy providing access to medical and psychiatric records pursuant to this Code section shall not be held liable for civil damages or be subject to any criminal or disciplinary action for good faith efforts in providing such records."

SECTION 2. Said chapter is further amended by adding a new article to read as follows:

"ARTICLE 4

31-2A-70. As used in this article, the term:
(1) 'Advisory committee' or 'committee' means the Regional Perinatal Center Advisory Committee established pursuant to Code Section 31-2A-71. (2) 'Regional perinatal center' means a specially qualified hospital identified by the department and designated to a specific geographic region to lead collaboration between hospitals and providers to increase the likelihood that deliveries are performed in a hospital with an appropriate level of care for mothers and infants.

31-2A-71. (a) There is established the Regional Perinatal Center Advisory Committee for the purpose of considering and making recommendations to the commissioner concerning the addition, reduction, or transition of regional perinatal centers in this state. The committee shall advise the commissioner on the estimated costs to the department necessary to implement such recommendations. (b) The Regional Perinatal Center Advisory Committee shall be composed of not less than 11 nor more than 21 members to be appointed by the commissioner, who shall appoint one of such members to serve as chairperson. All appointments to the committee shall be for a term of four years. A member shall serve until his or her successor has been duly appointed. The commissioner may reappoint any member. (c) The advisory committee shall meet upon the call of the chairperson appointed pursuant to subsection (b) of this Code section. (d) Beginning on July 1, 2026, and every four years thereafter, the department, in conjunction with the advisory committee, shall assess and make recommendations to the commissioner on the adequacy of the regional perinatal system and consider hospital or labor and delivery closures. Such assessment shall evaluate whether:

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(1) Perinatal facilities in each region are equipped and prepared to stabilize infants and mothers before transport; (2) Coordination exists between maternity care in each region and regional perinatal centers; (3) All identified high-risk pregnancies and deliveries are promptly evaluated in consultation with regional perinatal centers and referred to the appropriate designated regional perinatal center for the proper management and treatment of such conditions as needed; (4) An adequate transport system is available in the region for the transfer of high-risk mothers and infants and specifically considers:
(A) The distance and travel time between referring hospitals and regional perinatal centers; (B) The types of vehicles used for transport and whether a need exists for additional vehicles; and (C) The need for upgraded vehicles and transport equipment; and (5) Each regional perinatal center provides: (A) Consultation for patients requiring special services, including transport; (B) Coordination and assurance of follow-up medical care for maternal and neonatal patients requiring special services; (C) Educational support to ensure quality care in institutions involved in perinatal healthcare in the region; (D) An annual education plan with all birthing centers in the region; (E) Compilation and analysis of perinatal data from the center and referring hospitals; and (F) Coordination of perinatal health services within the region. (e) When changes to the regional perinatal centers are approved by the department after recommendation by the advisory committee, the department shall submit a budget request to the Office of Planning and Budget prior to the General Assembly's next legislative session seeking appropriations to implement such changes.

31-2A-72. A hospital interested in being designated as a regional perinatal center shall notify the department of the following:
(1) Such hospital's ability to meet the standards for regional perinatal centers; (2) Any additional funding necessary to bring such hospital up to standard; (3) Any special planning problems in such hospital's perinatal region, including, but not limited to, transportation, shortage of facilities, and personnel; (4) A description of perinatal care currently being provided; (5) A description of services that can be provided by the center in patient care, education, and consultation to hospitals within the perinatal region; and (6) Any other information requested by the department.

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31-2A-73. Beginning on July 1, 2026, and every four years thereafter, the department shall present a plan to the Governor, the Speaker of the House of Representatives, and the President of the Senate for the designated perinatal centers in every region of the state. Such plan shall include funding considerations to aid hospitals in meeting the standards and for continuing requirements, including, but not limited to, patient care, professional education, training programs, and physical facilities.

31-2A-74. The department shall be authorized to promulgate rules and regulations to carry out the purposes of this article."

SECTION 3. Code Section 37-3-166 of the Official Code of Georgia Annotated, relating to treatment of clinical records, when release permitted, scope of privileged communications, liability for disclosure, and notice to sheriff of discharge, is amended by revising subsection (a) as follows:
"(a) A clinical record for each patient shall be maintained. Authorized release of the record shall include but not be limited to examination of the original record, copies of all or any portion of the record, or disclosure of information from the record, except for matters privileged under the laws of this state. Such examination shall be conducted on hospital premises at reasonable times determined by the facility. The clinical record shall not be a public record and no part of it shall be released except:
(1) When the chief medical officer of the facility where the record is kept deems it essential for continued treatment, a copy of the record or parts thereof may be released to physicians or psychologists when and as necessary for the treatment of the patient; (2) A copy of the record may be released to any person or entity designated in writing by the patient or, if appropriate, the parent of a minor, the legal guardian of an adult or minor, or a person to whom legal custody of a minor patient has been given by order of a court; (2.1) A copy of the record of a deceased patient or deceased former patient may be released to or in response to a valid subpoena of a coroner or medical examiner under Chapter 16 of Title 45, except for matters privileged under the laws of this state; (3) When a patient is admitted to a facility, a copy of the record or information contained in the record from another facility, community mental health center, or private practitioner may be released to the admitting facility. When the service plan of a patient involves transfer of that patient to another facility, community mental health center, or private practitioner, a copy of the record or information contained in the record may be released to that facility, community mental health center, or private practitioner; (4) A copy of the record or any part thereof may be disclosed to any employee or staff member of the facility when it is necessary for the proper treatment of the patient;

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(5) A copy of the record shall be released to the patient's attorney if the attorney so requests and the patient, or the patient's legal guardian, consents to the release; (6) In a bona fide medical emergency, as determined by a physician treating the patient, the chief medical officer may release a copy of the record to the treating physician or to the patient's psychologist; (7) At the request of the patient, the patient's legal guardian, or the patient's attorney, the record shall be produced by the entity having custody thereof at any hearing held under this chapter; (8) A copy of the record shall be produced in response to a valid subpoena or order of any court of competent jurisdiction, except for matters privileged under the laws of this state; (8.1) A copy of the record may be released to the legal representative of a deceased patient's estate, except for matters privileged under the laws of this state; (9) Notwithstanding any other provision of law to the contrary, a law enforcement officer in the course of a criminal investigation may be informed as to whether a person is or has been a patient in a state facility, as well as the patient's current address, if known; (10) Notwithstanding any other provision of law to the contrary, a law enforcement officer in the course of investigating the commission of a crime on the premises of a facility covered by this chapter or against facility personnel or a threat to commit such a crime may be informed as to the circumstances of the incident, including whether the individual allegedly committing or threatening to commit a crime is or has been a patient in the facility, and the name, address, and last known whereabouts of any alleged patient perpetrator; and (11) A copy of the record of a deceased patient or deceased former patient may be released to the Maternal Mortality Review Committee established under Chapter 2A of Title 31, except for matters privileged under the laws of this state."

SECTION 4. Code Section 45-16-24 of the Official Code of Georgia Annotated, relating to notification of suspicious or unusual deaths, court ordered medical examiner's inquiry, and written report of inquiry, is amended by revising subsection (b) as follows:
"(b) A coroner or county medical examiner who is notified of a death pursuant to subsection (a) of this Code section under circumstances specified in paragraphs (1) through (10) of such subsection shall order a medical examiner's inquiry of that death. This subsection shall not be construed to prohibit a medical examiner's inquiry of a death if a coroner or county medical examiner is notified of a death under circumstances specified in paragraph (11) of subsection (a) of this Code section."

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SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Approved May 1, 2025.

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MENTAL HEALTH REASSIGN LICENSING AND OVERSIGHT OF CERTAIN TREATMENTS AND PROGRAMS FROM DEPARTMENT OF COMMUNITY HEALTH TO DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES.

No. 44 (House Bill No. 584).

AN ACT

To amend Titles 26, 31, and 37 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, health, and mental health, respectively, so as to reassign licensing and oversight of drug abuse treatment and education programs, narcotic treatment programs, community living arrangements, and adult residential mental health programs from the Department of Community Health to the Department of Behavioral Health and Developmental Disabilities; to provide for departmental regulation of such licensed programs; to provide for definitions; to provide for a schedule of fees; to provide for departmental enforcement; to provide civil penalties; to provide for the promulgation of rules and regulations; to authorize the issuance of emergency orders in certain circumstances; to provide for emergency plans; to authorize on-site inspections; to provide protections for residents and former residents in community living arrangements; to require reports by certain persons concerning suspected abuse or exploitation; to provide for the Department of Behavioral Health and Developmental Disabilities and certain law enforcement agency duties; to provide for confidentiality of reports; to provide immunity for certain persons; to prohibit retaliation; to revise and provide definitions; to amend various titles of the Official Code of Georgia Annotated, so as to make conforming changes; 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:

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PART I Drug Abuse Treatment and Education Programs and Narcotic Treatment Programs
SECTION 1-1.

Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended in Chapter 5, relating to drug abuse treatment and education programs, by revising Code Section 26-5-3, relating to definitions, as follows:
"26-5-3. As used in this article, the term:
(1) 'Department' means the Department of Behavioral Health and Developmental Disabilities or its successor. (2) 'Drug abuse treatment and education program' means any system of treatment or therapeutic advice or counsel provided for the rehabilitation of drug dependent persons and shall include programs offered in the following types of facilities:
(A) Residential care centers. A facility staffed by professional and paraprofessional persons offering treatment or therapeutic programs for drug dependent persons who live on the premises; and (B) Nonresidential care centers. A non-live-in facility, staffed by professional and paraprofessional persons, offering treatment or therapeutic programs for drug dependent persons who do not live on the premises. (3) 'Drug dependent person' means a person who is in imminent danger of becoming dependent upon or addicted to the use of drugs or who habitually lacks self-control as to the use of drugs or who uses drugs to the extent that his or her health is substantially impaired or endangered or his or her social or economic function is substantially disrupted. (4) 'Drugs' means any substance defined as a drug by federal or Georgia law or any other chemical substance which may be used in lieu of a drug to obtain similar effects, with the exception of alcohol and its derivatives. (5) 'Governing body' means the community service board, the partnership, the corporation, the association, or the person or group of persons who maintains and controls the program and who is legally responsible for the operation. (6) 'License' means the official permit issued by the department which authorizes the holder to operate a drug abuse treatment and education program for the term provided therein. (7) 'Licensee' means any person holding a license or provisional license issued by the department under this article. (8) 'Program' means the drug abuse treatment and education program."

SECTION 1-2. Said title is further amended in said chapter by revising Code Section 26-5-6, relating to promulgation of rules and regulations, as follows:

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"26-5-6. The department is authorized and directed to create and promulgate all rules and regulations necessary for the implementation of this article. Any rule and regulation created by the Department of Community Health and in effect on December 31, 2025, shall continue to be in effect and shall be enforceable by the department until such time as such rule or regulation is amended or revoked by the department."

SECTION 1-3. Said title is further amended in said chapter by revising Code Section 26-5-7, relating to license required, as follows:
"26-5-7. No governing body shall operate a drug abuse treatment and education program without having a valid license or provisional license issued pursuant to this article. Any license or provisional license issued to a program by the Department of Community Health on December 31, 2025, shall be valid until revoked or renewed by the department, surrendered by the licensee, or otherwise terminated."

SECTION 1-4. Said title is further amended in said chapter by revising Code Section 26-5-10, relating to issuance of license and revocation of suspension, as follows:
"26-5-10. (a) The department may, upon submission of an application, with proof of accreditation by a voluntary accreditation agency approved by the department, issue a license based upon the findings of the accreditation agency. Such license may be issued without an on-site visit by the department representative. Any denial, suspension, or revocation of the voluntary accreditation agency shall result in an automatic revocation or suspension of the license issued pursuant to this Code section, and the licensee shall reapply for a new license as provided for in this article. (b) The department shall not be bound by any policy or practice of the Department of Community Health in effect on December 31, 2025, in determining whether to issue a license based on the findings of an accreditation agency pursuant to subsection (a) of this Code section."

SECTION 1-5. Said title is further amended in said chapter by revising Code Section 26-5-23, relating to publication of annual report, as follows:
"26-5-23. The department shall publish an annual report using data from the department's central registry data base on the number of patients in enrolled treatment, the number of patients discharged from treatment, each patient's state of residence, and any other information as

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determined by the department. Such published report shall exclude patient identifying information and be compliant with state and federal laws."

SECTION 1-6. Said title is further amended in said chapter by revising Code Section 26-5-41, relating to definitions regarding enforcement of narcotic treatment programs, as follows:
"26-5-41. As used in this article, the term:
(1) 'Department' means the Department of Behavioral Health and Developmental Disabilities. (2) 'Governing body' means the community service board, the partnership, the corporation, the association, or the person or group of persons who maintains and controls a narcotic treatment program, who is legally responsible for its operation, and who holds the license or provisional license to operate that program. (3) 'License' means the official permit issued by the department that authorizes the holder to operate a narcotic treatment program for the term provided therein. (4) 'Licensee' means any person holding a license or provisional license issued by the department under this article. (5) 'Narcotic treatment program' means any system of treatment provided for chronic heroin or opiate-like drug-dependent individuals that administers narcotic drugs under physicians' orders either for detoxification purposes or for maintenance treatment in a rehabilitative context offered by any community service board, partnership, corporation, association, or person or groups of persons engaged in such administration. (6) 'Patient' means any individual who undergoes treatment in a narcotic treatment program."

SECTION 1-7. Said title is further amended in said chapter by revising Code Section 26-5-43, relating to rules and regulations, as follows:
"26-5-43. The department is authorized and directed to create and promulgate all rules and regulations necessary for the implementation of this article. Any rule and regulation created by the Department of Community Health and in effect on December 31, 2025, shall continue to be in effect and shall be enforceable by the department until such time as such rule or regulation is amended or revoked by the department."

SECTION 1-8. Said title is further amended in said chapter by revising Code Section 26-5-44, relating to license required, as follows:

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"26-5-44. No governing body shall operate a narcotic treatment program without having a valid license or provisional license issued pursuant to this article. Any license or provisional license issued to a narcotic treatment program by the Department of Community Health on December 31, 2025, shall be valid until revoked or renewed by the department, surrendered by the licensee, or otherwise terminated."

SECTION 1-9. Said title is further amended in said chapter by revising subsection (a) of Code Section 26-5-47, relating to application review and requirements and nontransferability, as follows:
"(a) The department shall, consistent with the requirements of this Code section, establish an application review process committee. "

SECTION 1-10. Said title is further amended in said chapter by revising Code Section 26-5-56, relating to confidentiality of patient information, as follows:
"26-5-56. (a) For the purpose of providing more effective treatment and rehabilitation, the records and name of any drug dependent person who seeks or obtains treatment, therapeutic advice, or counsel from any program licensed under this chapter shall be confidential and shall not be revealed except to the extent authorized in writing by the drug dependent person affected. Any communication by such drug dependent person to an authorized employee of any licensee shall be deemed confidential; provided, however, that, except for matters privileged under other laws of this state, the records of such person and information about such person shall be produced in response to a valid court order of any court of competent jurisdiction after a full and fair show-cause hearing and in response to a departmental request for access for licensing purposes when such request is accompanied by a written statement that no record of patient identifying information will be made. (b) Nothing in this Code section shall be construed to prevent the department from operating a central registry pursuant to Code Section 26-5-60, and nothing in this Code section shall prevent or inhibit narcotic treatment programs from providing the department with requested information for the purpose of maintaining such central registry or for maintaining any other registry or database as required by federal law or regulation."

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PART II Departmental Reassignment
SECTION 2-1.

Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising subsection (d) of Code Section 31-2-4, relating to the department's powers, duties, functions, and responsibilities, divisions, directors, and contracts for health benefits, as follows:
"(d) In addition to its other powers, duties, and functions, the department: (1) Shall be the lead agency in coordinating and purchasing health care benefit plans for state and public employees, dependents, and retirees and may also coordinate with the board of regents for the purchase and administration of such health care benefit plans for its members, employees, dependents, and retirees; (2) Is authorized to plan and coordinate medical education and physician work force issues; (3) Shall investigate the lack of availability of health insurance coverage and the issues associated with the uninsured population of this state. In particular, the department is authorized to investigate the feasibility of creating and administering insurance programs for small businesses and political subdivisions of the state and to propose cost-effective solutions to reducing the numbers of uninsured in this state; (4) Is authorized to appoint a health care work force policy advisory committee to oversee and coordinate work force planning activities; (5) Is authorized to solicit and accept donations, contributions, and gifts and receive, hold, and use grants, devises, and bequests of real, personal, and mixed property on behalf of the state to enable the department to carry out its functions and purposes; (6) Is authorized to award grants, as funds are available, to hospital authorities, hospitals, and medical-legal partnerships for public health purposes, pursuant to Code Sections 31-7-94 and 31-7-94.1 and paragraph (11) of this subsection; (7) Shall make provision for meeting the cost of hospital care of persons eligible for public assistance to the extent that federal matching funds are available for such expenditures for hospital care. To accomplish this purpose, the department is authorized to pay from funds appropriated for such purposes the amount required under this paragraph into a trust fund account which shall be available for disbursement for the cost of hospital care of public assistance recipients. The commissioner, subject to the approval of the Office of Planning and Budget, on the basis of the funds appropriated in any year, shall estimate the scope of hospital care available to public assistance recipients and the approximate per capita cost of such care. Monthly payments into the trust fund for hospital care shall be made on behalf of each public assistance recipient and such payments shall be deemed encumbered for assistance payable. Ledger accounts reflecting payments into and out of the hospital care fund shall be maintained for each of the categories of public assistance established under Code Section 49-4-3. The balance of state funds in such trust fund for the payment of hospital costs in an amount not to

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exceed the amount of federal funds held in the trust fund by the department available for expenditure under this paragraph shall be deemed encumbered and held in trust for the payment of the costs of hospital care and shall be rebudgeted for this purpose on each quarterly budget required under the laws governing the expenditure of state funds. The state auditor shall audit the funds in the trust fund established under this paragraph in the same manner that any other funds disbursed by the department are audited; (8) Shall establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a schedule of fees for licensure activities for institutions and other health care related entities required to be licensed, permitted, registered, certificated, or commissioned by the department pursuant to Chapter 7, 13, 23, or 44 of this title, or Article 7 of Chapter 6 of Title 49. Such schedules shall be determined in a manner so as to help defray the costs incurred by the department, but in no event to exceed such costs, both direct and indirect, in providing such licensure activities. Such fees may be annually adjusted by the department but shall not be increased by more than the annual rate of inflation as measured by the Consumer Price Index, as reported by the Bureau of Labor Statistics of the United States Department of Labor. All fees paid thereunder shall be paid into the general funds of the State of Georgia. It is the intent of the General Assembly that the proceeds from all fees imposed pursuant to this paragraph be used to support and improve the quality of licensing services provided by the department;
(9)(A) May accept the certification or accreditation of an entity or program by a certification or accreditation body, in accordance with specific standards, as evidence of compliance by the entity or program with the substantially equivalent departmental requirements for issuance or renewal of a permit or provisional permit, provided that such certification or accreditation is established prior to the issuance or renewal of such permits. The department may not require an additional departmental inspection of any entity or program whose certification or accreditation has been accepted by the department, except to the extent that such specific standards are less rigorous or less comprehensive than departmental requirements. Nothing in this Code section shall prohibit either departmental inspections for violations of such standards or requirements or the revocation of or refusal to issue or renew permits, as authorized by applicable law, or for violation of any other applicable law or regulation pursuant thereto. (B) For purposes of this paragraph, the term:
(i) 'Entity or program' means an agency, center, facility, institution or entity subject to regulation by the department under Chapters 7, 13, 22, 23, and 44 of this title and Article 7 of Chapter 6 of Title 49. (ii) 'Permit' means any license, permit, registration, certificate, or commission issued by the department pursuant to the provisions of the law cited in division (i) of this subparagraph; (10)(A) Is authorized to approve medical-legal partnerships that comply with standards and guidelines established for such programs for purposes of determining eligibility for

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grants. The department shall seek input from legal services organizations, community health advocacy organizations, hospitals, diagnostic and treatment centers, and other primary and specialty health care providers in establishing such standards and guidelines. (B) For purposes of this paragraph, the term 'medical-legal partnership' means a program conducted or established by a nonprofit entity through a collaboration pursuant to a written agreement between one or more medical service providers and one or more legal services programs, including those based within a law school, to provide legal services without charge to assist income-eligible individuals and their families in resolving legal matters or other needs that have an impact on the health of such individuals and families. Written agreements may include a memorandum of understanding or other agreement relating to the operations of the partnership and encompassing the rights and responsibilities of each party thereto. The medical service provider or providers may provide referrals of its patients to the legal services program or programs on matters that may potentially impact the health, health care, or the health care costs of a patient. (C) A medical-legal partnership that complies with the standards and guidelines established pursuant to this paragraph and has demonstrated the ability and experience to provide high quality patient centered legal services regarding legal matters or other needs that have an impact on the health of individuals and families shall be approved by the department. (D) This paragraph shall not be construed to require any medical-legal partnership or similar entity to seek or attain approval pursuant to this paragraph in order to operate; (11) In cooperation with the Department of Corrections and the State Board of Pardons and Paroles, shall establish and implement a Medicaid eligibility determination procedure so that inmates being considered for parole who are eligible for long-term care services may apply for Medicaid; and (12) Shall request federal approval for and facilitate the application of certificates of need for facilities capable of providing long-term care services, with Medicaid as the primary funding source, to inmates who are eligible for such services and funding upon his or her release from a public institution, as such term is defined in Code Section 49-4-31."

SECTION 2-2. Said title is further amended by revising subsection (a) of Code Section 31-2-8, relating to actions against certain applicants or licensees, as follows:
"(a) This Code section shall be applicable to any agency, center, facility, institution, community living arrangement, drug abuse treatment and education program, or entity subject to regulation by the department under Chapters 7, 13, 22, 23, and 44 of this title; Chapter 5 of Title 26; and Article 7 of Chapter 6 of Title 49. For purposes of this Code section, the term 'license' shall be used to refer to any license, permit, registration, or

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commission issued by the department pursuant to the provisions of the law cited in this subsection."

SECTION 2-3. Said title is further amended by revising Code Section 31-7-2.2, relating to determination that patients or residents in an institution, community living arrangement, or treatment program are in danger, relocation of patients or residents, and suspension of admissions, as follows:
"31-7-2.2. (a)(1) The commissioner may order the emergency relocation of patients or residents from an institution subject to licensure under this chapter when he or she has determined that the patients or residents are subject to an imminent and substantial danger. (2) When an order is issued under this subsection, the commissioner shall provide for: (A) Notice to the patient or resident, his or her next of kin or guardian, and his or her physician of the emergency relocation and the reasons therefor; (B) Relocation to the nearest appropriate institution; and (C) Other protection designed to ensure the welfare and, when possible, the desires of the patient or resident. (b)(1) The commissioner may order the emergency placement of a monitor in an institution subject to licensure under this chapter when one or more of the following conditions are present: (A) The institution is operating without a permit or a license; (B) The department has denied application for a permit or a license or has initiated action to revoke the existing permit or license of the institution; (C) The institution is closing or plans to close and adequate arrangements for relocation of the patients or residents have not been made at least 30 days before the date of closure; or (D) The health, safety, security, rights, or welfare of the patients or residents cannot be adequately assured by the institution. (2) A monitor may be placed, pursuant to this subsection, in an institution for no more than ten days, during which time the monitor shall observe conditions and compliance with any recommended remedial action of the department by the institution. The monitor shall report to the department. The monitor shall not assume any administrative responsibility within the institution, nor shall the monitor be liable for any actions of the institution. The costs of placing a monitor in an institution shall be paid by the institution unless the order placing the monitor is determined to be invalid in a contested case proceeding under subsection (d) of this Code section, in which event the costs shall be paid by the state. (c)(1) The commissioner may order the emergency prohibition of admissions to an institution subject to licensure under this chapter when such institution has failed to correct a violation of departmental permit rules or regulations within a reasonable period of time, as specified in the department's corrective order, and the violation:

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(A) Could jeopardize the health and safety of the residents or patients in the institution if allowed to remain uncorrected; or (B) Is a repeat violation over a 12 month period, which is intentional or due to gross negligence. (2) Admission to an institution may be suspended until the violation has been corrected or until the department has determined that the institution has undertaken the action necessary to effect correction of the violation. (d) The commissioner may issue emergency orders pursuant to this Code section only if authorized by rules and regulations of the department. Unless otherwise provided in the order, an emergency order shall become effective immediately. The department shall hold a preliminary hearing within ten days following a request therefor by any institution affected by an emergency order. If, at the preliminary hearing, the order is determined by the department to be invalid, that order shall thereupon become void and of no effect. If, at the preliminary hearing, the order is determined by the department to be valid, that determination shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and that order shall remain in effect until determined invalid in a proceeding regarding the contested case or until rescinded by the commissioner, whichever is earlier. For purposes of this subsection, an emergency order is valid only if the order is authorized to be issued under this Code section and rules and regulations relating thereto. (e) The powers provided by this Code section are cumulative of all other powers of the department, board, and commissioner."

SECTION 2-4. Said title is further amended by revising paragraph (3) of Code Section 31-7-430, relating to definitions relative to designated essential caregivers, as follows:
"(3) 'Long-term care facility' means a skilled nursing home, intermediate care home, personal care home, assisted living community, or inpatient hospice facility licensed or permitted to operate pursuant to this chapter and any community living arrangement licensed by the Department of Behavioral Health and Developmental Disabilities pursuant to Article 1 of Chapter 13 of Title 37."

SECTION 2-5. Said title is further amended by revising paragraph (3) of Code Section 31-8-81, relating to definitions relative to reporting abuse or exploitation, as follows:
"(3) 'Long-term care facility' or 'facility' means any skilled nursing home, intermediate care home, assisted living community, or personal care home now or hereafter subject to regulation and licensure by the department."

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PART III Departmental Regulation of Licensed Programs
SECTION 3-1.

Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by adding a new article to Chapter 2, relating to administration of mental health, developmental disabilities, addictive disabilities, and other disability services, to read as follows:

"ARTICLE 3

37-2-70. (a) As used in this article, the term:
(1) 'Adult residential mental health program' means a program licensed by the department under Article 7 of Chapter 3 of this title. (2) 'Applicant' means any individual affiliated with a partnership, corporation, association, or individuals or groups of individuals submitting an application to operate an adult residential mental health program, community living arrangement, drug abuse treatment and education program, or narcotic treatment program. (3) 'Community living arrangement' means a group home licensed by the department under Chapter 13 of this title. (4) 'Drug abuse treatment and education program' means a treatment program licensed by the department under Article 1 of Chapter 5 of Title 26. (5) 'License' means the official permit issued by the department on or after January 1, 2026; provided, however, that such term shall also include an official permit issued by the Department of Community Health on December 31, 2025. (6) 'Licensee' means any person holding a license issued by the department to operate an adult residential mental health program, community living arrangement, drug abuse treatment and education program, or narcotic treatment program. (7) 'Narcotic treatment program' means a treatment program licensed by the department under Article 2 of Chapter 5 of Title 26.

37-2-71. The department shall establish by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a schedule of fees for licensure activities for adult residential mental health programs, community living arrangements, drug treatment and education programs, and narcotic treatment programs required to be licensed by the department. Such schedules shall be determined in a manner so as to help defray the costs incurred by the department, but in no event to exceed such costs, both direct and indirect, in providing such licensure activities. Such fees may be annually adjusted by the department but shall not be increased by more than the annual rate of inflation as measured by the Consumer Price Index as reported by the Bureau of Labor Statistics of the United

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States Department of Labor. All fees paid thereunder shall be paid into the general fund of the State of Georgia. It is the intent of the General Assembly that the proceeds from all fees imposed pursuant to this Code section be used to support and improve the quality of licensing services provided by the department.

37-2-72. (a) The department shall have the authority to take any of the actions enumerated in subsection (b) of this Code section upon a finding that the applicant or licensee has:
(1) Knowingly made any false statement of material information in connection with the application for a license, or in statements made or on documents submitted to the department as part of an inspection, survey, or investigation, or in the alteration or falsification of records maintained by the adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program; (2) Failed or refused to provide the department with access to the premises subject to regulation or information pertinent to the initial or continued licensing of the adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program; (3) Failed to comply with the licensing requirements of this state; or (4) Failed to comply with any provision of this Code section. (b) When the department finds that any applicant or licensee has violated any provision of subsection (a) of this Code section or laws, rules, regulations, or formal orders related to the initial or continued licensing of an adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program, the department, subject to notice and opportunity for hearing, may take any of the following actions: (1) Refuse to grant a license; provided, however, that the department may refuse to grant a license without holding a hearing prior to taking such action; (2) Administer a public reprimand; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of such license; (4) Prohibit any applicant or licensee from allowing a person who previously was involved in the management or control, as defined by rule, of any adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program which has had its license or application revoked or denied within the past 12 months to be involved in the management or control of such program or arrangement; (5) Revoke any license; (6) Impose a fine of up to $2,000.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing of any applicant or licensee, up to a total of $40,000.00; or

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(7) Limit or restrict any license as the department deems necessary for the protection of the public, including, but not limited to, restricting some or all services of or admissions into an adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program for a time certain. In taking any of the actions enumerated in this subsection, the department shall consider the seriousness of the violation, including the circumstances, extent, and gravity of the prohibited acts, and the hazard or potentional hazard created to the health or safety of the public. (c) The department may deny a license or otherwise restrict a license from any applicant who has had a license denied, revoked, or suspended within one year of the date of an application or who has transferred ownership or governing authority of an adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program subject to regulation by the department within one year of the date of a new application when such transfer was made in order to avert denial, revocation, or suspension of a license or to avert the payment of fines assessed by the department pursuant to this Code section. (d) With regard to any contested case instituted by the department pursuant to this Code section or other provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action, the department may, in its discretion, dispose of the action so instituted by settlement. In such cases, all parties, successors, and assigns to any settlement agreement shall be bound by the terms specified therein, and violation thereof by any applicant or licensee shall constitute grounds for any action enumerated in subsection (b) of this Code section. (e) The department shall have the authority to make public or private investigations or examinations inside or outside of this state to determine whether the provisions of this Code section or any other law, rule, regulation, or formal order relating to the licensing of any adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program has been violated. Such investigations may be initiated at any time, in the discretion of the department, and may continue during the pendency of any action initiated by the department pursuant to subsection (b) of this Code section. (f) For the purpose of conducting any investigation, inspection, or survey, the department shall have the authority to require the production of any books, records, papers, or other information related to the initial or continued licensing of any adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program. (g) Pursuant to the investigation, inspection, and enforcement powers given to the department by this Code section and other applicable laws, the department may assess against an adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program reasonable and necessary expenses incurred by the department pursuant to any administrative or legal action required

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by the failure of such program or arrangement to fully comply with the provisions of any law, rule, regulation, or formal order related to the initial or continued licensing. Assessments shall not include attorney's fees and expenses of litigation, shall not exceed other actual expenses, and shall only be assessed if such investigation, inspection, or enforcement actions result in adverse findings, as finally determined by the department, pursuant to administrative or legal action. (h) For any action taken or any proceeding held under this Code section or under color of law, except for gross negligence or willful or wanton misconduct, the department, when acting in its official capacity, shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune. (i) In an administrative or legal proceeding under this Code section, a person or entity claiming an exemption or an exception granted by law, rule, regulation, or formal order has the burden of proving such exemption or exception. (j) This Code section and all actions resulting from its provisions shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (k) The provisions of this Code section shall be supplemental to and shall not operate to prohibit the department from acting pursuant to any provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action for the department. In cases where such other provisions of law so authorize other disciplinary grounds and actions, but this Code section limits such grounds or actions, such other provisions shall apply. (l) The department is authorized to promulgate rules and regulations to implement the provisions of this Code section.

37-2-73. (a)(1) The commissioner may order the emergency relocation of residents from an adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program subject to licensure by the department when he or she has determined that the residents are subject to an imminent and substantial danger. (2) When an order is issued under this subsection, the commissioner shall provide for: (A) Notice to the resident and his or her next of kin or guardian of the emergency relocation and the reasons therefor; (B) Relocation to the nearest appropriate adult residential mental health program, community living arrangement, drug treatment and education program, narcotic treatment program, or other appropriate setting; and (C) Other protection designed to ensure the welfare and, when possible, the desires of the resident. (b)(1) The commissioner may order the emergency placement of a monitor in an adult residential mental health program, community living arrangement, drug treatment and

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education program, or narcotic treatment program, subject to licensure by the department, when one or more of the following conditions are present:
(A) The adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program is operating without a permit or a license; (B) The department has denied application for a permit or a license or has initiated action to revoke the existing permit or license of the licensee; (C) The adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program is closing or plans to close and adequate arrangements for relocation of the residents have not been made at least 30 days before the date of closure; or (D) The health, safety, security, rights, or welfare of the residents cannot be adequately assured by the adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program. (2) A monitor may be placed, pursuant to this subsection, in an adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program for no more than ten days, during which time the monitor shall observe conditions and compliance with any recommended remedial action of the department. The monitor shall report to the department. The monitor shall not assume any administrative responsibility within the adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program, nor shall the monitor be liable for any actions of the licensee. The costs of placing a monitor in an adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program shall be paid by the licensee unless the order placing the monitor is determined to be invalid in a contested case proceeding under subsection (d) of this Code section, in which event, the costs shall be paid by the state. (c)(1) The commissioner may order the emergency prohibition of admissions to an adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program when such licensee has failed to correct a violation of departmental permit rules or regulations within a reasonable period of time, as specified in the department's corrective order, and the violation: (A) Could jeopardize the health and safety of the residents if allowed to remain uncorrected; or (B) Is a repeat violation over a 12 month period, which is intentional or due to gross negligence. (2) Admission to new residents may be suspended until the violation has been corrected or until the department has determined that the licensee has undertaken the action necessary to effect correction of the violation. (d) The commissioner may issue emergency orders pursuant to this Code section only if authorized by rules and regulations of the department. Unless otherwise provided in any

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such order, an emergency order shall become effective immediately. The department shall provide an opportunity for a preliminary hearing within ten days following a request therefor by any adult residential mental health program, community living arrangement, drug treatment and education program, or narcotic treatment program affected by an emergency order. If, at the preliminary hearing, the order is determined by the department to be invalid, such order shall thereupon become void and of no effect. If, at the preliminary hearing, the order is determined by the department to be valid, such determination shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and such order shall remain in effect until determined invalid in a proceeding regarding the contested case or until rescinded by the commissioner, whichever is earlier. For purposes of this subsection, an emergency order is valid only if the order is authorized to be issued under this Code section and rules and regulations relating thereto. (e) The powers provided by this Code section shall be in addition to all other powers of the department, board, and commissioner."

SECTION 3-2. Said title is further amended by revising paragraphs (1) and (3) of Code Section 37-3-202, relating to definitions regarding adult residential mental health services licenses, as follows:
"(1) 'Adult residential mental health program' means a subacute residential alternative service of four or more residential beds authorized to provide psychiatric services for mentally ill persons 18 years of age or older that operates 24 hours per day, 7 days per week to provide intensive short-term noninstitutional treatment to individuals who are temporarily in need of a 24-hour-per-day supportive therapeutic setting for prevention of or transition from or after acute psychiatric hospitalization. Such term shall not include crisis stabilization units, as defined in Code Section 37-1-29; community living arrangements, as defined in Code Section 37-13-1; mental health programs conducted by accountability courts; or residential beds operated by a state or local public entity." "(3) 'Department' means the Department of Behavioral Health and Developmental Disabilities."

SECTION 3-3. Said title is further amended by revising subsection (b) of Code Section 37-3-205, relating to regulatory and licensing authority, as follows:
"(b) The department is further authorized to issue, deny, suspend, or revoke a license or take other enforcement actions against a licensee or applicant as provided in Article 3 of Chapter 2 of this title."

SECTION 3-4. Said title is further amended by revising subsection (a) of Code Section 37-3-206, relating to licensing requirements and funding contingency, as follows:

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"(a) On and after January 1, 2026, no governing body shall operate an adult residential mental health program without having a valid license or provisional license issued pursuant to this article; provided, however, that hospitals licensed in accordance with Chapter 7 of Title 31 are exempt from this article unless the hospital is operating an adult residential mental health program that is separate and distinct from the licensed hospital."

SECTION 3-5. Said title is further amended by revising Code Section 37-3-208.1, relating to one-time provisional license, as follows:
"Between July 1, 2022, and December 31, 2025, the Department of Community Health shall be authorized to grant a one-time provisional license for an adult residential mental health program to an existing licensed personal care home that substantially complies with the requirements of this article for a period not to extend beyond December 31, 2025."

SECTION 3-6. Said title is further amended by revising subsection (a) of Code Section 37-3-211, relating to denial, suspension, or revocation of license, as follows:
"(a) The department is authorized to deny, suspend, or revoke a license issued under this chapter for a violation of this chapter or a rule or regulation adopted under this chapter or to take other disciplinary actions against a licensee as provided in Article 3 of Chapter 2 of this title."

SECTION 3-7. Said title is further amended by revising subsections (a), (c), and (d) of Code Section 37-3-215, relating to unlicensed residential mental health program and penalty, as follows:
"(a) On and after January 1, 2026, a program shall be deemed to be an 'unlicensed adult residential mental health program' if it is unlicensed and not exempt from licensure under this article and: (1) The program is providing services and is operating as an adult residential mental health program; (2) The program is held out as or represented as providing services and operating as an adult residential mental health program; or (3) The program represents itself as a licensed adult residential mental health program." "(c) In addition to other remedies available to the department, the civil penalty authorized by subsection (b) of this Code section shall be doubled if the program owner or operator continues to operate the unlicensed adult residential mental health program after receipt of notice pursuant to subsection (b) of this Code section. (d) The program owner or operator of an unlicensed adult residential mental health program who is assessed a civil penalty in accordance with this Code section may appeal

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such civil penalty to the superior court in the county in which the action arose or to the Superior Court of Fulton County."

SECTION 3-8. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising paragraphs (7) of Code Section 16-5-100, relating to definitions relevant to protection of elder persons, as follows:
"(7) 'Long-term care facility' means any skilled nursing facility, intermediate care home, assisted living community, or personal care home subject to regulation and licensure by the Department of Community Health and any community living arrangement licensed by the Department of Behavioral Health and Developmental Disabilities pursuant to Article 1 of Chapter 13 of Title 37."

SECTION 3-9. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising subsection (d) of Code Section 50-18-160, relating to individuals or nonprofit organizations, as follows:
"(12) Collection and use of personal information as permitted by statute, rule, or regulation for purposes of administration of programs and services, regulatory oversight, and ensuring compliance by prospective and approved contractors:
(A) By the Department of Human Services for purposes authorized in Article 1 of Chapter 2 of Title 49; (B) By the Department of Behavioral Health and Developmental Disabilities for purposes authorized in Chapter 5 of Title 26 and Title 37; (C) By the Department of Community Health for purposes authorized in Article 1 of Chapter 18 of Title 45, Article 7 of Chapter 4 of Title 49, or Article 7 of Chapter 6 of Title 49; and (D) By the Department of Juvenile Justice for purposes authorized in Chapter 4A of Title 49."

PART IV Community Living Arrangements
SECTION 4-1.

Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by adding a new chapter to read as follows:

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"CHAPTER 13 ARTICLE 1

37-13-1. As used in this article, the term:
(1) 'Community living arrangement' means a group home that serves up to four individuals with a developmental disability who require intense levels of residential support and which services are financially supported, in whole or in part, by funds authorized through the department and provides a range of interventions that focuses on training and support in one or more of the following areas:
(A) Eating and drinking; (B) Toileting; (C) Personal grooming and healthcare; (D) Dressing; (E) Communication; (F) Interpersonal relationships; (G) Mobility; (H) Home management; and (I) Use of leisure time. (2) 'License' means the official permit issued by the department which authorizes the holder to operate a community living arrangement for the term provided therein. (3) 'Licensee' means any person holding a license issued by the department under this article.

37-13-2. (a) The department is authorized and directed to create and promulgate all rules and regulations necessary for the implementation of this article; provided, however, that such rules and regulations shall include physical plant health and safety standards, supplies, services, staffing, admission agreements, resident rights, records, medications, nutrition, discharge and transfer, and procedures addressing changes in condition or serious or unusual incidents.
(b)(1) The department shall require a licensee to have a regularly rehearsed disaster preparedness plan with which staff and residents shall comply in cases of emergent events including, but not limited to, natural disasters, pandemics, fires, or interruption of essential services such as a electrical power, heat, and water supply. (2) Such disaster preparedness plan shall include written procedures with which staff shall comply in the event of an emergency and shall include care of the resident, notification of other individuals responsible for the resident, and plans for transportation, alternative living arrangements or sheltering in place, emergency energy sources, or other appropriate services.

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(c) Any rule and regulation relating to community living arrangements created by the Department of Community Health and in effect on December 31, 2025, shall continue to be in effect and shall be enforceable by the department until such time as such rule or regulation is amended or revoked by the department.

37-13-3. (a) No person, business entity, corporation, or association, whether operated for profit or not for profit, may operate a community living arrangement without first obtaining a license or provisional license issued by the department. A license issued by the department is neither assignable nor transferable. (b) Any license issued to a community living arrangement by the Department of Community Health on December 31, 2025, shall be valid until renewed or revoked by the department, surrendered by the licensee, or otherwise terminated.

37-13-4. (a) The department shall be authorized to conduct periodic on-site inspections of any licensee in this state. (b) The department may accept proof of accreditation by a nationally recognized healthcare accreditation body, in accordance with specific standards, as evidence of compliance with one or more departmental requirements for issuance or renewal of a license or provisional license. (c) The department shall not be bound by any policy or practice of the Department of Community Health in effect on December 31, 2025, in determining whether to issue a license based on the findings of an accreditation agency pursuant to subsection (b) of this Code section.

ARTICLE 2 37-13-20. As used in this article, the term:
(1) 'Abuse' means any intentional or grossly negligent act or series of acts or intentional or grossly negligent omission to act which causes injury to a resident, including, but not limited to, assault or battery, failure to provide treatment or care, or sexual harassment of a resident. (2) 'Community living arrangement' means any group home licensed by the department pursuant to Article 1 of this chapter. (3) 'Exploitation' means the illegal or improper use of a resident or a resident's resources through undue influence, coercion, harassment, duress, deception, false representation, false pretenses, or other similar means for one's own or another's profit or advantage. (4) 'Resident' means any person receiving treatment or care in a community living arrangement.

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37-13-21. (a) Any of the following persons who have reasonable cause to believe that a resident or former resident has been abused or exploited while residing in a community living arrangement shall immediately make a report as described in subsection (d) of this Code section by telephone or in person to the department and to the appropriate law enforcement agency or prosecuting attorney:
(1) Administrators, managers, or other employees of a community living arrangement; (2) Physical therapists; (3) Occupational therapists; (4) Coroners; (5) Medical examiners; (6) Emergency medical services personnel, as such individuals are defined in Code Section 31-11-49; (7) Any person who is certified as an emergency medical technician, cardiac technician, paramedic, or first responder pursuant to Chapter 11 of Title 31; (8) Employees of a public or private agency engaged in professional health related services to residents; and (9) Clergy members. (b) Persons required to make a report pursuant to subsection (a) of this Code section shall also make a written report to the department within 24 hours after making the initial report. (c) Any other person who has knowledge that a resident or former resident has been abused or exploited while residing in a community living arrangement may report or cause a report to be made to the department or the appropriate law enforcement agency. (d) An initial report of suspected abuse or exploitation shall include the following: (1) The name and address of the person making the report, unless such person is not required to make a report pursuant to subsection (a) of this Code section; (2) The name and address of the resident or former resident for which abuse or exploitation is suspected; (3) The name and address of the community living arrangement; (4) The name and extent of any known injuries or the condition relating to, or resulting from, the suspected abuse or exploitation; (5) The suspected cause of the abuse or exploitation; and (6) Any other information which the reporter reasonably believes might be helpful in determining the cause of the resident's or former resident's injuries or condition and in determining the identity of the person or persons responsible for the suspected abuse or exploitation. (e) The department shall maintain accurate records which shall include all reports of suspected abuse or exploitation, the results of all investigations and administrative or judicial proceedings, and a summary of actions taken to assist the resident or former resident.

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(f) Any suspected abuse or exploitation which is required to be reported by any person pursuant to this Code section shall be reported notwithstanding that the reasonable cause to believe such abuse or exploitation has occurred or is occurring is based in whole or in part upon any communication to that person which is otherwise made privileged or confidential by law; provided, however, that a member of the clergy shall not be required to report such matters confided to him or her solely within the context of confession or other similar communication required to be kept confidential under church doctrine or practice. When a clergy member receives information about abuse or exploitation from any other source, such clergy member shall comply with the reporting requirements of this Code section, even though the clergy member may have also received a report of such matters from the confession of the perpetrator.

37-13-22. (a) Immediately after the receipt of any report of suspected abuse or exploitation, the department shall make and document a determination as to whether such report requires an investigation. The department may, through its rules, regulations, or policies, limit the scope of any investigation and may delegate all or part of its authority to investigate to the appropriate law enforcement agency or other appropriate investigating agencies. If such delegation occurs, the agency to which authority has been delegated shall report the results of its investigation to the department immediately upon completion of such investigation. (b) The investigation shall determine the nature, cause, and extent of the suspected abuse or exploitation reported, an assessment of the current condition of the resident or former resident, and an assessment of any needed action or service. Where appropriate, the investigation shall include a prompt in-person visit to the resident or former resident. (c) The investigating agency shall collect and preserve all evidence relating to, or resulting from, the suspected abuse or exploitation. (d) All state, county, and municipal law enforcement agencies, employees of community living arrangements, and other appropriate persons shall cooperate with the department or investigating agency in the administration of this article.

37-13-23. (a) Upon the receipt of the results of an investigation conducted pursuant to Code Section 37-13-22, the department, in cooperation with the investigating agency, shall immediately evaluate such results to determine what actions, if any, shall be taken to assist the resident or former resident. (b) The department or agency designated by the department shall assist to prevent further harm to a resident or former resident who has been abused or exploited. The department may also take appropriate legal actions to assure the safety and welfare of all other residents of the community living arrangement where necessary. (c) Within a reasonable time, not to exceed 30 days, after it has initiated action to assist a resident or former resident, the department shall determine the current condition of the

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resident or former resident, whether the abuse or exploitation has been abated, and whether continued assistance is necessary. (d) If, as a result of any investigation pursuant to this article, a determination is made that a resident or former resident has been abused or exploited, the department shall contact the appropriate prosecuting authority and provide all information and evidence to such prosecuting authority.

37-13-24. (a) Any agency or person who in good faith makes a report or provides information or evidence pursuant to this article shall be immune from liability for such actions. (b) Neither the department nor its employees, when acting in good faith and with reasonable diligence, shall have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with the collection or release of information pursuant to this article and neither shall be subject to suit based upon any such claims.

37-13-25. The identities of the resident or former resident, the alleged perpetrator, and the person or persons making a report or providing information or evidence pursuant to this article shall not be disclosed to the public unless required to be revealed in court proceedings or upon the written consent of the person whose identity is to be revealed or as otherwise required by law. Upon the resident's or the former resident's, or his or her representative's, request, the department shall make information obtained in an abuse or exploitation report and investigation available to the allegedly abused or exploited resident, the allegedly abused or exploited former resident, or his or her representative for inspection or duplication, except that such disclosure shall be made without revealing the identity of any other resident, the person making the report, or persons providing information by name or inference. For the purpose of this Code section, the term 'representative' means any person authorized in writing by the resident or former resident or appointed by an appropriate court to act upon the resident's or former resident's behalf. The term 'representative' also means a family member of a deceased or physically or mentally impaired resident or former resident unable to grant authorization; provided, however, that such family members who do not have written or court authorization shall not be authorized by this Code section to receive the resident's or former resident's clinical records as defined in Code Section 37-3-1, 37-4-2, or 37-7-1. Nothing in this Code section shall be construed to deny agencies participating in joint investigations at the request of and with the department, or conducting separate investigations of abuse or exploitation within an agency's scope of authority, or law enforcement personnel who are conducting an investigation into any criminal offense in which a resident or former resident is a victim from having access to such records.

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37-13-26. No person or community living arrangement shall discriminate or retaliate in any manner against any person for making a report or providing information pursuant to this article or against any resident or former resident who is the subject of a report. Nothing in this Code section shall be construed to prohibit the termination of the relationship between the community living arrangement and the resident for reasons other than that the community living arrangement has been made the subject of a report, that such a report has been made, or that information has been provided pursuant to this article.

37-13-27. The department shall prepare a written notice describing the reporting requirements set forth in this article. Such notice shall be distributed to all community living arrangements in this state, and copies thereof shall be posted in conspicuous locations within community living arrangements."

PART V Effective date SECTION 5-1.

This Act shall become effective on January 1, 2026.

PART VI Repealer SECTION 6-1.

All laws and parts of laws in conflict with this Act are repealed.

Approved May 1, 2025.

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CRIMES AND OFFENSES CONTROLLED SUBSTANCES; SCHEDULE I; PROVIDE CERTAIN PROVISIONS.

No. 45 (House Bill No. 473).

AN ACT

To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for certain provisions relating to Schedule I controlled substances; to provide for certain provisions relating to the definition of dangerous drugs; to

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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 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended in Code Section 16-13-25, relating to Schedule I controlled substances, by revising subparagraph (TT) of paragraph (1) as follows:
"(TT) 2-methyl-AP-237;"

SECTION 2. Said chapter is further amended in Code Section 16-13-25, relating to Schedule I controlled substances, by revising subparagraph (CC) of paragraph (3) as follows:
"(CC) Acetylpsilocin (4-acetoxy-N,N-dimethyltryptamine, 4-AcO-DMT);"

SECTION 3. Said chapter is further amended in Code Section 16-13-25, relating to Schedule I controlled substances, by adding a new subparagraph to paragraph (4) to read as follows:
"(A.5) Ethylphenidate;"

SECTION 4. Said chapter is further amended in Code Section 16-13-25, relating to Schedule I controlled substances, by adding a new subdivision to division (13)(E)(ii) to read as follows:
"(III) Tetrahydrothiophene group;"

SECTION 5. Said chapter is further amended in Code Section 16-13-71, relating to dangerous drug, by adding new paragraphs to subsection (b) to read as follows:
"(12.8) Acoramidis;" "(17.07) Afamitresgene autoleucel;" "(62.45) Aprocitentan;" "(63.3) Arimoclomol;" "(68.133) Atidarsagene autotemcel;" "(69.23) Axatilimab-csfr;" "(153.65) Ceftobiprole medocaril sodium;" "(206.6) Coagulation Factor IX (recombinant);" "(213.2) Concizumab-mtci;" "(216.5) Cosibelimab-ipdl;" "(217.3) Crinecerfont;" "(220.5) Crovalimab-akkz;"

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"(238.5) Danicopan;" "(256.58) Deuruxolitinib;" "(256.8) Deutivacaftor;" "(316.45) Donanemab-azbt;" "(331.0504) Eladocagene exuparvovec-tneq; (331.0506) Elafibranor;" "(331.0515) Elaparvovec-dzkt;" "(332.3) Enmetazobactam;" "(332.73) Ensartinib; (332.75) Ensifentrine;" "(380.45) Exagamglogene autotemcel;" "(402.3) Flurpiridaz F 18;" "(415.005) Givinostat;" "(464.9) Imetelstat;" "(466.8) Immune globulin, Human;" "(469.02) Inavolisib;" "(487.09) Iomeprol;" "(512.1) Landiolol;" "(513.03) Lazertinib; (513.07) Lebrikizumab-lbkz;" "(513.79) LetibotulinumtoxinA-wlbg;" "(514.3) Levacetylleucine;" "(520.1) Lifileucel;" "(530.3) Lovotibeglogene autotemcel;" "(540.47) Marstacimab-hncq;" "(540.8) Mavorixafor;" "(638.9) Nemolizumab-ilto;" "(649) Nogapendekin alfa inbakicept-pmln;" "(661.02) Obecabtagene autoleucel;" "(663.03) Olezarsen;" "(681.55) Palopegteriparatide;" "(692.5175) Pegulicianine;" "(835.7) Resmetirom;" "(836.75) Revumenib;" "(852.55) Seladelpar;" "(860.5) Smallpox and mpox (vaccinia) vaccine;" "(881.04) Sofpironium;" "(883.55) Sotatercept-csrk;" "(927.3) Sulopenem etzadroxil;" "(931.17) Tarlatamab-dlle;" "(967.625) Tislelizumab-jsgr;"

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"(973.55) Tovorafenib;" "(1021.65) Vadadustat;" "(1025.3) Vanzacaftor;" "(1037.4) Vorasidenib;" "(1039.05) Xanomeline;" "(1042.035) Zanidatamab-hrii;" "(1042.047) Zenocutuzumab-zbco;" "(1042.79) Zolbetuximab-clzb;"

SECTION 6. Said chapter is further amended in Code Section 16-13-71, relating to dangerous drug, by adding a new subparagraph to paragraph (59) of subsection (b) to read as follows:
"(ZZ.5) Peanut (arachis hypogaea) allergen powder-dnfp;"

SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Approved May 1, 2025.

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LABOR AND INDUSTRIAL RELATIONS MINIMUM WAGE; INDIVIDUALS WITH DISABILITIES.

No. 46 (Senate Bill No. 55).

AN ACT

To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to phase out the payment of subminimum wage to persons with disabilities; to repeal provisions concerning exemptions to the state minimum wage law for persons with disabilities; to provide that no employer shall utilize a certificate issued by the United States Department of Labor pursuant to 29 U.S.C. Section 214(c) to pay individuals with disabilities less than the federal minimum wage; to provide exceptions; to provide for related matters; to provide a short title; 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. This Act shall be known and may be cited as the "Dignity and Pay Act."

SECTION 2. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising Code Section 34-4-4, relating to authority of commissioner to grant exemptions from operation of chapter, as follows:
"34-4-4. Reserved."

SECTION 3. Said title is further amended in Code Section 34-6A-4, relating to prohibited discriminatory activities, by adding a new subsection to read as follows:
"(a.1)(1) No employer shall utilize a certificate issued by the United States Department of Labor pursuant to 29 U.S.C. Section 214(c) to pay individuals with disabilities who are employed by such employer less than the minimum wage required to be paid by employers to employees under federal law. (2) Notwithstanding the provisions of subsection (a) of Code Section 34-4-3 and paragraph (1) of this subsection, any employer that was issued a certificate by the United States Department of Labor pursuant to 29 U.S.C. Section 214(c) on or before July 1, 2025, may utilize such certificate to pay individuals with disabilities employed by such employer less than the minimum wage required to be paid by employers to employees under federal law; provided, however, that:
(A) During the period of July 1, 2026, through June 30, 2027, such employer shall pay individuals with disabilities at least half of the minimum wage required to be paid by employers to employees under federal law; and (B) On and after July 1, 2027, such employer shall no longer utilize such certificate to pay individuals with disabilities less than the minimum wage required to be paid by employers to employees under federal law."

SECTION 4. This Act shall become effective on July 1, 2025.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Approved May 1, 2025.

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STATE GOVERNMENT "ORIGINAL 33 MEMORIAL ACT"; ENACT.

No. 47 (House Bill No. 303).

AN ACT

To amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state flag, seal, and other symbols, so as to provide for placement of a monument to honor the Original 33; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

WHEREAS, in 1868, 33 African Americans, the Original 33, were elected to the General Assembly of Georgia: Senators Aaron Alpeoria Bradley, Tunis Campbell, Sr., and George Wallace, and Representatives Thomas M. Allen, Eli Barnes, Thomas Beard, Edwin Belcher, Tunis Campbell, Jr., Malcolm Claiborn, George H. Clower, Abram Colby, John T. Costin, Madison Davis, Monday Floyd, F. H. Fyall, Samuel Gardner, William A. Golden, William Guilford, William Henry Harrison, Ulysses L. Houston, Philip Joiner, George Linder, Robert Lumpkin, Romulus Moore, Peter O'Neal, James Ward Porter, Alfred Richardson, James M. Simms, Abraham Smith, Alexander Stone, Henry McNeal Turner, John Warren, and Samuel Williams; and

WHEREAS, these men were some of the first Black state legislators in the United States; and

WHEREAS, in September of 1868, the Original 33 were expelled from the General Assembly of Georgia; and

WHEREAS, it is only fitting that the Original 33 be honored and recognized for their pioneering work and suffering for attempting to integrate the General Assembly of Georgia.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state flag, seal, and other symbols, is amended by adding a new article to read as follows:
"ARTICLE 8
50-3-130. This Act shall be known and may be cited as the 'Original 33 Memorial Act.'

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50-3-131. (a) There shall be placed upon the capitol grounds of the state capitol building or in another prominent place a monument in honor of the Original 33, the Black legislators expelled from the General Assembly following the end of Reconstruction, subject to the availability of private funds for such purpose. (b) Unless public safety concerns warrant postponement, such monument shall be procured and placed as soon as practicable."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 1, 2025.

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STATE GOVERNMENT STATE SYMBOLS; BRUNSWICK STEW AS THE OFFICIAL STATE STEW; FOREIGN COUNTRY OF CONCERN; CONTRACT; PROHIBIT.

No. 59 (House Bill No. 233).

AN ACT

To amend Chapter 4 of Title 1 and Title 50 of the Official Code of Georgia Annotated, relating to holidays and observances and state government, respectively, so as to designate the fourth Friday in November of each year as "National Sugarcane Syrup Day" in Georgia; to designate Brunswick stew as the official state stew; to designate cornbread as the official state bread; to provide for legislative findings; to prohibit companies owned or operated by a foreign country of concern from submitting a proposal for a contract with a state agency for goods or services; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

The General Assembly finds that: (1) Making sugarcane syrup has been a part of family farm tradition for generations, particularly in Georgia;

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(2) The increase in production costs, competition from artificial syrups, and the decreasing number of farmers who still make sugarcane syrup, however, has led some to refer to the making of sugarcane syrup as a dying art; (3) Establishing a "National Sugarcane Syrup Day" in Georgia would help to preserve the art of making sugarcane syrup by honoring those who continue with this longstanding family farm tradition and by raising public awareness of the differences between natural sugarcane syrup and artificial syrups; (4) Designating the fourth Friday in November of each year, the day after Thanksgiving, as "National Sugarcane Syrup Day" is particularly fitting, as it is not only a time when families gather and celebrate together, but also a time when some say sugarcane is at its sweetest in Georgia; and (5) It is, therefore, abundantly fitting and proper that the State of Georgia appropriately recognize and honor the family farm tradition of making sugarcane syrup by designating the fourth Friday in November of each year as "National Sugarcane Syrup Day" in Georgia.

SECTION 1-2. Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, is amended by adding a new Code section to read as follows:
"1-4-27. The fourth Friday in November of each year is designated as 'National Sugarcane Syrup Day' in Georgia."

PART II SECTION 2-1.

The General Assembly of Georgia finds and determines that: (1) Brunswick stew is a rich, thick stew noted for its signature ingredients of meat, tomatoes, and fresh vegetables, such as sweet corn; (2) A plaque on an old iron pot in Brunswick, Georgia, declares the first Brunswick stew was made in it on July 2, 1898, on nearby St. Simons Island; and (3) Contrary to claims by other states, Georgia, and specifically Brunswick, Georgia, is the birthplace of Brunswick stew.

SECTION 2-2. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new Code section to read as follows:
"50-3-94. Brunswick stew is designated as the official Georgia state stew."

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PART III SECTION 3-1.

The General Assembly finds and declares that: (1) The colorful history and traditions of the State of Georgia are inextricably associated with the food traditions of corn, and among the many legacies of this proud heritage is the delicious bread known as cornbread; (2) Relied upon by indigenous people to sustain themselves, cornbread has transcended its humble origins to take a place of honor at such events as the Prater's Mill Country Fair in Whitfield County; (3) With thousands of participants and visitors, such celebrations include cornbread cooked on a wood-burning stove and served with collard greens and pinto beans; (4) Corn is grown, ground, and made into cornmeal at historic mills like Prater's Mill, Berry College Mill, and Ogeechee River Mill and modern mills like Southeastern Mills and Logan Turnpike Mill; (5) Cornmeal is then sold in stores and served in eating establishments throughout the state, and cornbread is enjoyed by young and old at home and in restaurants; (6) Cornbread enjoys a singular stature in Georgia history and culture that is rivaled only by its undeniable appeal as a versatile and satisfying food; and (7) Accordingly, it is abundantly fitting and proper that cornbread be designated as the official Georgia state bread so as to fully recognize the importance of this product to this state.

SECTION 3-2. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new Code section to read as follows:
"50-3-95. Cornbread is designated as the official Georgia state bread."

PART IV SECTION 4-1.

Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising Code Section 50-5-84.2, relating to contracting with companies owned by China, as follows:
"50-5-84.2. (a) As used in this Code section, the term:
(1) 'Company' means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned

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subsidiaries, majority owned subsidiaries, or parent companies of such entities or business associations, that exists for the purpose of making profit. (2) 'Foreign country of concern' means a country whose government is designated as a foreign adversary by the United States Secretary of Commerce pursuant to 15 C.F.R. Section 791.4. (3) 'Scrutinized company' means any company owned or operated by a foreign country of concern or any company in which the government of a foreign country of concern has an ownership stake. (b) A scrutinized company shall be ineligible to, and shall not, bid on or submit a proposal for a contract, directly or through a third-party seller, with a state agency for goods or services, including, but not limited to, a contract for the procurement or purchase of computers, printers, connecting cables, or interoperable videoconferencing services used in connection with an office environment. (c) A state agency shall require a company that submits a bid or proposal with respect to a contract for goods or services to certify that the company is not a scrutinized company. (d) If the Department of Administrative Services determines that a company has submitted a false certification under subsection (c) of this Code section: (1) The company shall be liable for a civil penalty in an amount that is equal to the greater of $250,000.00 or triple the amount of the entire purchase value; (2) The state agency or the Department of Administrative Services shall terminate the contract with the company; and (3) The company shall be ineligible to, and shall not, bid on a state contract."

PART V SECTION 5-1.

All laws and parts of laws in conflict with this Act are repealed.

Approved May 1, 2025.

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RETIREMENT AND PENSIONS EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; GEORGIA FIREFIGHTERS' PENSION
FUND; ALTERNATIVE INVESTMENT LIMITS.

No. 63 (House Bill No. 78).

AN ACT

To amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," so as to raise the limit for the total percentage of funds that the Employees' Retirement System of Georgia may invest in alternative investments; to raise the limit for the total percentage of funds that the Georgia Firefighters' Pension Fund may invest in alternative investments; 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 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," is amended by revising paragraph (1) of subsection (d) of Code Section 47-20-87, relating to eligible large retirement systems authorized to invest in certain alternative investments, as follows:
"(d)(1)(A) Alternative investments by an eligible large retirement system shall not in the aggregate exceed 10 percent of the eligible large retirement system's assets at any time. (B) Notwithstanding subparagraph (A) of this paragraph, alternative investments by the Georgia Firefighters' Pension Fund shall not in the aggregate exceed 20 percent of its assets at any time. (B.1) Notwithstanding subparagraph (A) of this paragraph, alternative investments by the Peace Officers' Annuity and Benefit Fund shall not in the aggregate exceed 15 percent of its assets at any time. (C) Notwithstanding subparagraph (A) of this paragraph, the Teachers Retirement System of Georgia shall not in the aggregate exceed 5 percent of such system's assets at any time."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 1, 2025.

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PUBLIC OFFICERS AND EMPLOYEES INCREASE INDEMNIFICATION AWARD OF CERTAIN STATE PUBLIC SCHOOL PERSONNEL IN THE EVENT OF DEATH.

No. 64 (House Bill No. 105).

AN ACT

To amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions of workers' compensation, so as to require the State Board of Workers' Compensation to notify the Department of Administrative Services when the board has reasonable cause to believe that an injured worker is an eligible peace officer; to provide for a definition; to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions of law enforcement officers and agencies, so as to require a certain notification to certain peace officers who become disabled in the line of duty under certain circumstances; to provide for a definition; to amend Code Section 45-9-78 of the Official Code of Georgia Annotated, relating to payment of indemnification for death or disability generally, designation of method of payment, and procedure for making payments, so as to increase the indemnification award of certain state public school personnel in the event of death; to provide for a short title; 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. This Act shall be known and may be cited as the "Daniel D. Podsiadly, Jr. Act."

SECTION 2. Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions of workers' compensation, is amended by adding a new Code section to read as follows:
"34-9-26. (a) As used in this Code section, the term 'eligible peace officer' means any individual who is employed on a full-time or part-time basis by the state or any municipality, county, or other political subdivision thereof; who is required by the terms of such employment, whether by election or appointment, to maintain public order or to make arrests for all criminal offenses; who is required by the terms of such employment to comply with the requirements of the 'Georgia Peace Officer Standards and Training Act' contained in Chapter 8 of Title 35; and who suffers permanent or temporary disability in the line of duty due to a direct interaction with a criminal suspect, arrestee, or inmate.

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(b) In the event that the State Board of Workers' Compensation has reasonable cause to believe that an injured employee is an eligible peace officer, the board shall notify the Department of Administrative Services. Additionally, the board shall notify the injured employee of such belief and such notification shall include such appropriate contact information of the Georgia State Indemnification Fund and the temporary disability compensation program of Parts 1 and 2, respectively, of Article 5 of Chapter 9 of Title 45 and other information as shall be determined necessary by the Department of Administrative Services through the promulgation of rules and regulations."

SECTION 3. Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions of law enforcement officers and agencies, is amended by adding a new Code section to read as follows:
"35-1-24. (a) As used in this Code section, the term 'eligible peace officer' means any individual who is employed on a full-time or part-time basis by the state or any municipality, county, or other political subdivision thereof; who is required by the terms of such employment, whether by election or appointment, to maintain public order or to make arrests for all criminal offenses; who is required by the terms of such employment to comply with the requirements of the 'Georgia Peace Officer Standards and Training Act' contained in Chapter 8 of this title; and who suffers permanent or temporary disability in the line of duty due to a direct interaction with a criminal suspect, arrestee, or inmate. (b) Each law enforcement agency of this state shall notify every employee whom such agency has reasonable cause to believe may be an eligible peace officer of the existence of the Georgia State Indemnification Fund and the temporary disability compensation program of Parts 1 and 2, respectively, of Article 5 of Chapter 9 of Title 45. Such notification shall be given within ten days of such employee suffering an injury which may reasonably cause such employee to suffer a permanent or temporary disability. Additionally, such notification shall include such appropriate contact and other information as shall be determined necessary by the Department of Administrative Services through the promulgation of rules and regulations."

SECTION 4. Code Section 45-9-78 of the Official Code of Georgia Annotated, relating to payment of indemnification for death or disability generally, designation of method of payment, and procedure for making payments, is amended by revising subsection (b) as follows:
"(b) For any compensable claim filed under this article, payment shall be made as follows: (1) In the case of permanent disability, the eligible disabled person pursuant to this article may elect payment of $75,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $75,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; and

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(2) In the case of death, payment shall be made to the estate of a person who is eligible for indemnification under this article as follows: the executor or administrator may elect payment of $150,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $150,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum."

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 May 8, 2025.

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MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS EMERGENCY TELEPHONE NUMBER 9-1-1 SYSTEM NEXT GENERATION 9-1-1 SYSTEMS AND SERVICES; PROVIDE.

No. 65 (House Bill No. 423).

AN ACT

To amend Article 12 of Chapter 3 of Title 38 and Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to emergency communications authority and emergency telephone number 9-1-1 system, respectively, so as to provide for Next Generation 9-1-1 systems and services; to revise and provide for definitions; to revise the duties and responsibilities of the Georgia Emergency Communications Authority as relevant to Next Generation 9-1-1 systems and services; to add members to the board of directors of such authority; to require all new 9-1-1 systems conform to wireless enhanced 9-1-1 service or NG9-1-1 service standards; to revise the role of the executive director of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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PART I SECTION 1-1.

Article 12 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency communications authority, is amended by revising Code Section 38-3-181, relating to definitions, as follows:
"38-3-181. As used in this article, the term:
(1) 'Authority' means the Georgia Emergency Communications Authority established pursuant to Code Section 38-3-182. (2) 'Board of directors' or 'board' means the governing body of the authority. (2.1) 'Commonly accepted standards' means the technical standards followed by the communications industry for network, device, and internet protocol connectivity that enables interoperability. Such standards are developed and approved by a standards development organization that is accredited by an American standards body, such as the Association of Public-Safety Communications Officials, the Internet Engineering Task Force, or the National Emergency Number Association. (2.2) 'Emergency medical dispatch' means the management of requests for emergency medical assistance by utilizing a system of:
(A) A tiered response or priority dispatching of emergency medical resources based on the level of medical assistance appropriate for the victim; and (B) Prearrival first aid or other medical instructions given by trained telecommunicators responsible for receiving 9-1-1 calls and dispatching public safety agencies. (3) 'Emergency 9-1-1 system' or '9-1-1 system' has the same meaning as set forth in Code Section 46-5-122. (4) 'Enhanced ZIP Code' has the same meaning as set forth in Code Section 46-5-122. (4.1) 'ESInet' means a state emergency services IP network which is an NG9-1-1 network contracted by the Georgia Emergency Communications Authority to one or more NG9-1-1 system providers for the purpose of securely receiving 9-1-1 requests for emergency assistance, transferring 9-1-1 requests for emergency assistance and all associated data, providing centralized network management and security monitoring, and enabling call routing using GIS data. (4.2) 'Geographic information systems data' or 'GIS data' means digital geospatial information that can be used to assist in locating a person who places a 9-1-1 request for emergency assistance, including, but not limited to, mapped data sets, such as public safety answering point boundaries; boundaries; site structure address points; road centerlines; emergency service boundaries; and other additional data. (5) 'Local government' means a county, municipality, regional authority, or consolidated government in this state that operates or contracts for the operation of a public safety

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answering point and has adopted a resolution or ordinance pursuant to Code Section 46-5-133 to impose 9-1-1 charges under Code Section 46-5-134. (5.1) 'Next Generation core services' means services required to deliver secure, interoperable, multimedia-capable services to public safety answering points, seamlessly and without the need for proprietary interfaces. (6) 'Next Generation 9-1-1' or 'NG9-1-1' means an internet protocol based system that:
(A) Ensures interoperability; (B) Is secure; (C) Provides resiliency and redundancy; (D) Employs commonly accepted standards; (E) Enables 9-1-1 public safety answering points to receive, process, and analyze all types of 9-1-1 requests for emergency assistance; (F) Acquires and integrates additional information useful for handling 9-1-1 requests for emergency assistance; and (G) Supports the sharing of information related to 9-1-1 requests for emergency assistance among public safety answering points and emergency response providers. (6.1) 'Next Generation 9-1-1 system provider' or 'NG9-1-1 system provider' means an entity that provides a Next Generation 9-1-1 system to a public safety answering point. (7) '9-1-1 charge' has the same meaning as set forth in Code Section 46-5-122. (7.1) '9-1-1 request for emergency assistance' means a communication, such as voice, text, picture, multimedia, or any other type of data, that is sent to a 9-1-1 public safety answering point for the purpose of requesting emergency assistance. (8) 'Primary public safety answering point' means the first point of reception of a 9-1-1 request for emergency assistance by a facility that has been designated to receive 9-1-1 requests for emergency assistance and route such requests to emergency service personnel as defined in 47 U.S.C.A. Section 222. (8.1) 'Public safety answering point' has the same meaning as provided set forth in Code Section 46-5-122. (9) 'Service supplier' has the same meaning as set forth in Code Section 46-5-122. (10) 'Telephone subscriber' has the same meaning as set forth in Code Section 46-5-122. (11) 'Wireless enhanced 9-1-1 charge' has the same meaning as set forth in Code Section 46-5-122."

SECTION 1-2. Said article is further amended by revising subsection (c) and paragraph (1) of subsection (d) of Code Section 38-3-182, relating to establishment of the Georgia Emergency Communications Authority, purpose, duties and responsibilities, board of directors, perpetual existence, power and authority, operation, and regulation, as follows:
"(c) In addition to the purposes specified in subsection (b) of this Code section, the authority shall have the duties and responsibilities to:
(1) Apply for, receive, and use federal grants or state grants or both;

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(2) Study, evaluate, recommend, and enforce commonly accepted standards for a state-wide NG9-1-1 system; (3) Identify any changes necessary to accomplish more effective and efficient 9-1-1 service across this state, including consolidation and interoperability of 9-1-1 systems; (4) Identify any changes necessary in the assessment and collection of fees under Part 4 of Article 2 of Chapter 5 of Title 46; (5) Develop, offer, or make recommendations to the Georgia Public Safety Training Center, Georgia Peace Officer Standards and Training Council, and other state agencies as to training that should be provided to telecommunicators, trainers, supervisors, and directors of public safety answering points; (6) Recommend minimum standards for operation of public safety answering points; (7) Collect data and statistics regarding the performance of public safety answering points; (8) Identify any necessary changes or enhancements to develop and deploy NG9-1-1 state wide; (9) Upon request by a public safety answering point, provide assistance to such public safety answering point with its locally managed processes to be regarded as Logan's List: the collection, storage, retrieval, and dissemination of information voluntarily submitted to a public safety answering point which indicates an individual has a physical, mental, or neurological condition which impedes his or her ability to communicate with any law enforcement officer or emergency responder; (10) Administer the deployment of a 9-1-1 service for emerging communications technologies, including, but not limited to, the state ESInet and Next Generation core services; (11) Establish and operate a network management center in coordination with cybersecurity subject matter experts to protect the state ESInet, Next Generation core services, and public safety answering points; (12) Monitor the state ESInet performance and service provider adherence to commonly accepted standards; (13) Establish cooperative purchasing agreements or other contracts for the procurement of goods and services, including, but not limited to, call-handling equipment, computer aided dispatch, data management, and logging recorders; (14) Coordinate, adopt, and communicate all necessary technical standards and requirements to ensure an effective state-wide interconnected and interoperable state ESInet; (15) Coordinate, adopt, and communicate all necessary technical standards and requirements for GIS data related to NG9-1-1; (16) Collect, manage, and analyze 9-1-1 requests for emergency assistance data delivered to the state ESInet for the purpose of monitoring state ESInet and Next Generation core services performance;

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(17) Coordinate outreach and education programs on how the public and emergency response providers can best use NG9-1-1 and the capabilities and usefulness of NG9-1-1; (18) Coordinate with rural and urban 9-1-1 public safety answering points, regional authorities, local authorities, and other relevant stakeholders to develop a plan for the implementation of NG9-1-1; (19) Coordinate with rural and urban 9-1-1 public safety answering points, regional authorities, local authorities, and other relevant stakeholders to prepare and submit applications for eligible grant funding related to NG9-1-1; (20) Promote interoperability between 9-1-1 public safety answering points that are deploying or have deployed Next Generation 9-1-1 and emergency response providers, including users of the nation-wide public safety broadband network; (21) Coordinate with adjoining states, Native American tribes, and federal entities to establish and maintain NG9-1-1; and (22) Develop recommendations for the most efficient and effective short-term and long-term implementation and maintenance of NG9-1-1. (d)(1) Control and management of the authority shall be vested in a board of directors which shall consist of the following:
(A) The commissioner of public safety or his or her designee; (B) The commissioner of revenue or his or her designee; (C) The director of the Georgia Public Safety Training Center or his or her designee; (D) Three members appointed by the Governor who shall be 9-1-1 directors, each of whom shall be currently employed by a public safety answering point. The Georgia 9-1-1 Directors Association, the Georgia Chapter of the Association of Public Safety Communications Officials, and the Georgia Chapter of the National Emergency Number Association may provide recommendations to the Governor for such appointments; (E) One member appointed by the Governor who shall be an elected member of a county governing authority that operates or contracts for the operation of a public safety answering point. The Association County Commissioners of Georgia may provide recommendations to the Governor for such appointment; (F) One member appointed by the Governor who shall be a county manager, county administrator, or finance officer from a county that operates or contracts for the operation of a public safety answering point. The Association County Commissioners of Georgia may provide recommendations to the Governor for such appointment; (G) One member appointed by the Governor who shall be an elected member of a city governing authority that operates or contracts for the operation of a public safety answering point. The Georgia Municipal Association may provide recommendations to the Governor for such appointment; (H) One member appointed by the Governor who shall be a city manager, city administrator, or finance officer from a city that operates or contracts for the operation

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of a public safety answering point. The Georgia Municipal Association may provide recommendations to the Governor for such appointment; (I) Two members from the telecommunications industry who shall be appointed by the Governor; (J) One member appointed by the Governor who is a sheriff responsible for managing a public safety answering point. The Georgia Sheriffs' Association may provide recommendations to the Governor for such appointment; (K) One police chief appointed by the Governor who is serving a local government. The Georgia Association of Chiefs of Police may provide recommendations to the Governor for such appointment; (L) One fire chief appointed by the Governor who is serving a local government. The Georgia Association of Fire Chiefs may provide recommendations to the Governor for such appointment; (M) The executive director of the Georgia Technology Authority or his or her designee; (N) One member who is a subject matter expert in cybersecurity who shall be appointed by the Governor; and (O) One member who is a subject matter expert in geographic information systems data who shall be appointed by the Governor."

SECTION 1-3. Said article is further amended by revising Code Section 38-3-183, relating to appointment of executive director, role, and additional staffing, as follows:
"38-3-183. The director of the Georgia Emergency Management and Homeland Security Agency shall appoint an executive director, subject to approval by the board, who shall be the administrative head of the authority, and shall establish the salary of the executive director. The executive director shall serve at the pleasure of such director. The executive director shall be considered the state 9-1-1 administrator for the purposes of relevant state and federal law and program requirements. The executive director, with the concurrence and approval of such director, shall hire officers, agents, and employees; prescribe their duties, responsibilities, and qualifications; set their salaries; and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director."

PART II SECTION 2-1.

Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to emergency telephone number 9-1-1 system, is amended by adding a new paragraph to Code Section 46-5-122, relating to definitions, to read as follows:

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"(10.1) 'Next Generation 9-1-1' or 'NG9-1-1' shall have the same meaning as set forth in Code Section 38-3-181."

SECTION 2-2. Said part is further amended by revising paragraph (1) of subsection (a) of Code Section 46-5-124, relating to guidelines for implementing state-wide emergency 9-1-1 system and training and equipment standards, as follows:
"(1) Steps of action necessary for public agencies to effect the necessary coordination, regulation, and development preliminary to a 9-1-1 system that shall incorporate the requirements of each public safety agency in each local government of Georgia;"

SECTION 2-3. Said part is further amended by revising Code Section 46-5-126, relating to cooperation by commission and telephone industry, as follows:
"46-5-126. The authority shall coordinate its activities with those of the, commission which shall encourage the Georgia telephone industry to support the timely implementation of NG9-1-1."

SECTION 2-4. Said part is further amended by revising Code Section 46-5-127, relating to approval of 9-1-1 systems by agency and written confirmation by authority required for 9-1-1 systems established on or after January 1, 2019, as follows:
"46-5-127. (a) After January 1, 1978, and prior to January 1, 2019, no emergency 9-1-1 system shall be established, and no existing system shall be expanded to provide wireless enhanced 9-1-1 service, without written confirmation by the Georgia Emergency Management and Homeland Security Agency that the local plan conforms to the guidelines and procedures provided for in Code Section 46-5-124. (b) On or after January 1, 2019, and prior to July 1, 2025, no emergency 9-1-1 system shall be established, and no existing system shall be expanded to provide wireless enhanced 9-1-1 service, without written confirmation by the authority that the local plan conforms to the guidelines and procedures provided for in Code Section 46-5-124. The authority shall not deny the establishment of a new system or an expansion to provide wireless enhanced 9-1-1 service if the local plan conforms to the guidelines and procedures provided for in Code Section 46-5-124. (c) On or after July 1, 2025, no emergency 9-1-1 system shall be established, and no existing system shall be expanded to provide wireless enhanced 9-1-1 service or NG9-1-1 service, without written confirmation by the authority that the local plan conforms to the guidelines and procedures provided for in Code Section 46-5-124. The authority shall not deny establishment of a new system or an expansion to provide wireless enhanced 9-1-1

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service or NG9-1-1 service if the local plan conforms to the guidelines and procedures provided for in Code Section 46-5-124."

PART III SECTION 3-1.

All laws and parts of laws in conflict with this Act are repealed.

Approved May 8, 2025.

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MOTOR VEHICLES FEDERAL REGULATIONS REGARDING SAFE OPERATION OF COMMERCIAL MOTOR VEHICLE AND CARRIERS; UPDATE REFERENCE DATE.

No. 66 (House Bill No. 114).

AN ACT

To amend Code Section 40-1-8 of the Official Code of Georgia Annotated, relating to safe operations of motor carriers, commercial motor vehicles, and drivers and safe transportation of hazardous materials, so as to update the reference date to federal regulations regarding the safe operation of motor carriers and commercial motor vehicles; to revise a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 40-1-8 of the Official Code of Georgia Annotated, relating to safe operations of motor carriers, commercial motor vehicles, and drivers and safe transportation of hazardous materials, is amended by revising subsection (a) as follows:
"(a) As used in this Code section, the term: (1) 'Commissioner' means the commissioner of public safety. (2) 'Department' means the Department of Public Safety. (3) 'Present regulations' means the regulations promulgated under 49 C.F.R. in force and effect on January 1, 2025."

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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 8, 2025.

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STATE GOVERNMENT DEPARTMENT OF PUBLIC SAFETY; MOTOR CARRIER COMPLIANCE DIVISION; COMMERCIAL
VEHICLE ENFORCEMENT; RENAMED.

No. 67 (House Bill No. 116).

AN ACT

To amend Article 5 of Chapter 2 of Title 35 and Title 40 of the Official Code of Georgia Annotated, relating to Motor Carrier Compliance Division of the Department of Public Safety and motor vehicles and traffic, respectively, so as to change the name of the Motor Carrier Compliance Division of the Department of Public Safety to Commercial Vehicle Enforcement; to require law enforcement officers within such division be trained, sworn, and certified; to provide for conforming changes; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 5 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to Motor Carrier Compliance Division of the Department of Public Safety, is amended by revising Code Section 35-2-100, relating to creation and members designated as law enforcement officers, as follows:
"35-2-100. There shall be created and established a division of the Department of Public Safety to be known as Commercial Vehicle Enforcement, and within the division shall be created a section to be known as the Regulatory Compliance Section. Except as provided in Code Section 35-2-102, the members of Commercial Vehicle Enforcement shall be known, designated, trained, sworn, and certified as 'law enforcement officers.'"

SECTION 2. Said article is further amended in Code Section 35-2-101, relating to jurisdiction, duties and powers, and use of dogs to detect controlled substances, by revising subsection (a), the introductory language of subsection (b), and subsection (d) as follows:

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"(a) The Commercial Vehicle Enforcement division of the department shall have jurisdiction throughout this state with such duties and powers as are prescribed by law. (b) The primary duties of the division of Commercial Vehicle Enforcement shall be as follows:" "(d) The commissioner shall authorize law enforcement officers of Commercial Vehicle Enforcement to make use of dogs trained for the purpose of detection of drugs and controlled substances while such officers are engaged in the performance of their authorized duties. If such authorized use of such a dog indicates probable cause to indicate the presence of contraband, the officer or officers shall in those circumstances have the full authority of peace officers to enforce the provisions of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' and Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act'; provided, however, that the department must immediately notify the local law enforcement agency and district attorney of the jurisdiction where a seizure is made."

SECTION 3. Said article is further amended by revising Code Section 35-2-102, relating to weight inspector positions, training, powers and responsibilities, and presence of certified peace officer, as follows:
"35-2-102. (a) The commissioner is authorized to establish a position to be known as 'weight inspector' within the Commercial Vehicle Enforcement division of the department. Weight inspectors shall be assigned to fixed scales facilities and shall not be authorized to operate outside such facilities. The number of such positions shall be determined by the commissioner within the limits set by available appropriations. Weight inspectors may be divided into such ranks as the commissioner deems appropriate. (b) The commissioner shall ensure that a weight inspector is properly trained regarding laws governing commercial motor vehicle weight, registration, size, and load, including, but not limited to, commercial motor vehicle provisions in Article 2 of Chapter 6 of Title 32 and safety standards for commercial motor vehicles and such motor vehicle components. The training required in the areas required by this subsection shall be equivalent to training provided to certified officers in Commercial Vehicle Enforcement. (c) A weight inspector, at a fixed scales facility, shall be authorized to:
(1) Enforce noncriminal provisions relating to commercial motor vehicle weight, registration, size, and load and assess a civil penalty for a violation of such provisions; and (2) Detain a commercial motor vehicle that:
(A) Has a safety defect which is critical to the continued safe operation of the vehicle; (B) Is being operated in violation of any criminal law; or (C) Is being operated in violation of an out-of-service order as reported on the federal Safety and Fitness Electronic Records data base.

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The detention authorized by this paragraph shall be for the purpose of contacting a certified member of Commercial Vehicle Enforcement or the Georgia State Patrol. A certified officer shall report to the scene of a detained vehicle and take any further action deemed appropriate, including completing the inspection and investigation, making an arrest, or bringing criminal or civil charges. (d) At all times while a weight inspector is on duty, there shall be a supervisor over the weight inspector also on duty who shall be a certified peace officer."

SECTION 4. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-1-52, relating to establishment of Motor Carrier Compliance Division, as follows:
"40-1-52. There is created and established a division within the Department of Public Safety to be known as Commercial Vehicle Enforcement which shall include a section designated the Regulatory Compliance Section. Except as provided in Chapter 2 of Title 35, the sworn members of Commercial Vehicle Enforcement shall be known and designated as law enforcement officers. The Regulatory Compliance Section shall be responsible for the regulation of the operation of motor carriers and limousine carriers in accordance with this article, Code Section 40-1-8, and Article 2 of this chapter."

SECTION 5. Said title is further amended by revising Code Section 40-2-82, relating to license plates for Department of Public Safety vehicles operated by Georgia State Patrol or Motor Carrier Compliance Division, as follows:
"40-2-82. The commissioner of public safety shall be issued distinctive license plates to be used on motor vehicles assigned to the Department of Public Safety and operated by troopers of the Georgia State Patrol or law enforcement officers of Commercial Vehicle Enforcement. The distinctive plates shall be issued free of charge in accordance with procedures agreed upon by the commissioner of public safety and the state revenue commissioner. 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."

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Approved May 8, 2025.

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LAW ENFORCEMENT OFFICERS AND AGENCIES GEORGIA BUREAU OF INVESTIGATION; CYBER ENABLED OFFENSE INVESTIGATIONS;
SUBPOENA POWER; DOMESTIC TERRORISM.

No. 68 (House Bill No. 161).

AN ACT

To amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Bureau of Investigation, to provide for authority to issue subpoenas of electronic communication records for purposes of investigating certain crimes relating to cyber enabled threats to life and property; to provide for punishment for failure to obey certain subpoenas; to prohibit disclosure of the issuance of certain subpoenas during the pendency of an investigation; to amend Title 16 and Code Sections 20-3-10, 36-80-23, and 38-3-40 of the Official Code of Georgia Annotated, relating to crimes and offenses, sanctuary policies prohibited and penalty for violation, prohibition on immigration sanctuary policies by local governmental entities, certification of compliance, and punishment, and definitions relative to the Board of Homeland Security, respectively, so as to repeal the definition of 'domestic terrorism'; to establish the crime of domestic terrorism; to make conforming changes; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Bureau of Investigation, is amended by revising Code Section 35-3-4.1, relating to subpoena for production of electronic communication service records for computer or electronic device used in furtherance of certain offenses against minors, as follows:
"35-3-4.1. (a)(1) The director, assistant director of the bureau, or deputy director for investigations of the bureau shall be authorized to issue a subpoena, with the consent of the Attorney General, to compel the production of electronic communication service or remote computing service records or other information pertaining to a subscriber or customer of such service, exclusive of contents of communications, in any investigation of a violation of:

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(A) Code Section 16-12-100, 16-12-100.1, or 16-12-100.2 involving the use of a computer or an electronic device in furtherance of an act related to a minor; (B) Article 8 of Chapter 9 of Title 16; or (C) Code Section 16-9-93, 16-10-28, 16-11-37, 16-11-39.1, or 16-11-221. (2) A provider of electronic communication service or remote computing service shall disclose to the bureau the following as relative to the subscriber or customer of such service: (A) Name; (B) Address; (C) Local and long distance telephone connection records, or records of session times and durations; (D) Length of service, including the start date, and types of service utilized; (E) Telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and (F) Means and source of payment for such service, including any credit card or bank account number. (3) A provider of electronic communication service or remote computing service shall not provide notification of the subpoena issued pursuant to paragraph (1) of this subsection to the subscriber or customer of such service. (b) Upon failure of a person without lawful excuse to obey a subpoena, the director, assistant director of the bureau, or the deputy director for investigations of the bureau, through the Attorney General or district attorney, may apply to a superior court having jurisdiction for an order compelling compliance. Such person may object to the subpoena on grounds that it fails to comply with this Code section or upon any constitutional or other legal right or privilege of such person. The court may issue an order modifying or setting aside such subpoena or directing compliance with the original subpoena. Failure to obey a subpoena issued under this Code section may be punished by the court as contempt of court. (c) The Attorney General may request that a natural person who refuses to produce relevant matter included in a subpoena issued pursuant to this Code section on the ground that the production of such records may incriminate such person be ordered by the court to provide such records. With the exception of a prosecution for perjury, a natural person who complies with the court order to provide such records asserting a privilege against self-incrimination to which he or she is entitled by law shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he or she may testify or produce evidence, documentary or otherwise. (d)(1) The issuance of a subpoena pursuant to this Code section shall not be made public during any pending investigation or prosecution of criminal or unlawful activity beyond the extent necessary for the issuance and compliance of the subpoena and compliance with Chapter 16 of Title 17.

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(2) Information obtained pursuant to a subpoena enforced by this Code section shall not be made public or, except as authorized in paragraph(3) of this subsection, disclosed by the director of the bureau, assistant director, deputy director for investigations of the bureau, or the director's employees beyond the extent necessary for the enforcement of this Code section. (3) The director, assistant director of the bureau, deputy director for investigations of the bureau, or the director's employees shall be authorized to provide to any federal, state, or local law enforcement agency any information acquired under this Code section in furtherance of a criminal investigation. (e) As used in this Code section, the terms 'electronic communication service' and 'remote computing service' shall have the same meaning as set forth in Code Section 16-9-92."

PART II SECTION 2-1.

Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 16-11-220, relating to definitions relative to domestic terrorism, as follows:
"16-11-220. As used in this article, the term:
(1) 'Assassination' means the intentional killing of an elected public official by an individual acting to prevent or retaliate for the performance of official duties or because of the public position held by the official. (2) 'Critical infrastructure' means publicly or privately owned facilities, systems, functions, or assets, whether physical or virtual, providing or distributing services for the benefit of the public, including, but not limited to, energy, fuel, water, agriculture, health care, finance, communication, or any other vital public service. (3) 'Public transportation system' means all facilities, conveyances, and instrumentalities, whether publicly or privately owned, that are used in or for publicly available services for the transportation of individuals or cargo. (4) 'Serious bodily harm' means harm to the body of another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof. (5) 'State or government facility' means any permanent or temporary facility or conveyance that is used or occupied by representatives of this state or any of its political subdivisions, by the legislature, by the judiciary, or by officials or employees of this state or any of its political subdivisions. (6) 'Vital public service' shall have the same meaning as provided in Code Section 16-7-22.

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SECTION 2-2. Said title is further amended by revising Code Section 16-11-221, relating to penalties for domestic terrorism, as follows:
"16-11-221. (a) A person commits the crime of domestic terrorism when he or she commits or attempts to commit a felony violation of the laws of this state which, as part of a single unlawful act or a series of unlawful acts which are interrelated by distinguishing characteristics, is intended to cause serious bodily harm, kill any individual or group of individuals, or disable or destroy critical infrastructure, a state or government facility, or a public transportation system when such disability or destruction results in major economic loss, and is intended to:
(1) Intimidate the civilian population of this state or any of its political subdivisions; (2) Alter, change, or coerce the policy of the government of this state or any of its political subdivisions by intimidation or coercion; or (3) Affect the conduct of the government of this state or any of its political subdivisions by use of destructive devices, assassination, or kidnapping. (b) Any person who commits domestic terrorism shall be guilty of a felony and upon conviction thereof shall be punished as follows: (1) If death results to any individual, by death, by imprisonment for life without parole, or by imprisonment for life; (2) If kidnapping occurs, by imprisonment for not less than 15 nor more than 35 years, or by imprisonment for life; (3) If serious bodily harm occurs, by imprisonment for not less than 15 nor more than 35 years; or (4) If critical infrastructure, a state or government facility, or a public transportation system is disabled or destroyed, by imprisonment for not less than five nor more than 35 years. (c) No sentence imposed under this Code section shall be suspended, stayed, probated, deferred, or withheld by the sentencing court; provided, however, that in the court's discretion, the court may suspend, stay, probate, defer, or withhold part of such sentence when the prosecuting attorney and the defendant have agreed to such sentence."

SECTION 2-3. Said title is further amended in Code Section 16-14-3, relating to definitions relative to racketeer influenced and corrupt organizations, by revising subparagraph (B) of paragraph (4) as follows:
"(B) Engaging in any one or more acts of domestic terrorism as described in Code Section 16-11-221 or any criminal attempt, criminal solicitation, or criminal conspiracy related thereto."

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SECTION 2-4. Code Section 20-3-10 of the Official Code of Georgia Annotated, relating to sanctuary policies prohibited and penalty for violation, by revising paragraph (4) of subsection (a) as follows:
"(4) 'Status information' means any information, not including any information required by law to be kept confidential but otherwise including, but not limited to, any statement, document, computer generated data, recording, or photograph, which is relevant to the identity or location of an individual who is reasonably believed to be violating state or federal laws, illegally residing within the United States, or who is reasonably believed to be involved in domestic terrorism in violation of Code Section 16-11-221 or a terroristic act as that term is defined by Code Section 35-3-62."

SECTION 2-5. Code Section 36-80-23 of the Official Code of Georgia Annotated, relating to prohibition on immigration sanctuary policies by local governmental entities, certification of compliance, and punishment, by revising paragraph (3) of subsection (a) as follows:
"(3) 'Immigration status information' means any information, not including any information required by law to be kept confidential but otherwise including, but not limited to, any statement, document, computer generated data, recording, or photograph, which is relevant to immigration status or the identity or location of an individual who is reasonably believed to be illegally residing within the United States or who is reasonably believed to be involved in domestic terrorism in violation of Code Section 16-11-221 or a terroristic act as that term is defined by Code Section 35-3-62."

SECTION 2-6. Code Section 38-3-40 of the Official Code of Georgia Annotated, relating to definitions relative to the Board of Homeland Security, by revising paragraph (4) as follows:
"(4) 'Domestic terrorism'means an offense of Code Section 16-11-221."

PART III SECTION 3-1.

All laws and parts of laws in conflict with this Act are repealed.

Approved May 8, 2025.

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PENAL INSTITUTIONS CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES; USE OF STATE FUNDS OR RESOURCES FOR CERTAIN TREATMENTS FOR STATE INMATES; PROHIBIT.

No. 69 (Senate Bill No. 185).

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 prohibit the use of state funds or resources for certain treatments for state inmates; to provide for the adoption of rules and regulations by the Board of Corrections relating to such prohibitions and exceptions; to provide for a definition; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of state and counties, is amended by revising Code Section 42-5-2, relating to responsibilities of governmental unit with custody of inmate, costs of emergency and follow-up care, access to medical services or hospital care, and hospital requirements for providing emergency health care services to state inmates, as follows:
"42-5-2. (a) As used in this Code section, the term 'state inmate' means any inmate in the custody of the department and for whom the department shall be responsible for the payment of medical care. (b) Except as provided in subsection (c) of this Code section, it shall be the responsibility of the governmental unit, subdivision, or agency having the physical custody of an inmate to maintain the inmate, furnishing such inmate food, clothing, and any needed medical and hospital attention; to defend any habeas corpus or other proceedings instituted by or on behalf of the inmate; and to bear all expenses relative to any escape and recapture, including the expenses of extradition. Except as provided in subsection (c) of this Code section, it shall be the responsibility of the department to bear the costs of any reasonable and necessary emergency medical and hospital care which is provided to any inmate after he receipt by the department of the notice provided by subsection (a) of Code Section 42-5-50 who is in the physical custody of any other political subdivision or governmental agency of this state, except a county correctional institution, if the inmate is available and eligible for the transfer of his custody to the department pursuant to Code Section 42-5-50. Except as provided in subsection (c) of this Code section, the department shall also bear the costs of any reasonable and necessary follow-up medical or hospital care

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rendered to any such inmate as a result of the initial emergency care and treatment of the inmate. With respect to state inmates housed in county correctional institutions, the department shall bear the costs of direct medical services required for emergency medical conditions posing an immediate threat to life or limb if the inmate cannot be placed in a state institution for the receipt of this care. The responsibility for payment will commence when the costs for direct medical services exceed an amount specified by rules and regulations of the board. The department will pay only the balance in excess of the specified amount. Except as provided in subsection (c) of this Code section, it shall remain the responsibility of the governmental unit having the physical custody of an inmate to bear the costs of such medical and hospital care, if the custody of the inmate has been transferred from the department pursuant to any order of any court within this state. The department shall have the authority to promulgate rules and regulations relative to payment of such medical and hospital costs by the department.
(c)(1) The officer in charge will provide an inmate access to medical services or hospital care and may arrange for the inmate's health insurance carrier to pay the health care provider for the services or care rendered as provided in Article 3 of Chapter 4 of this title. (2) With respect to an inmate covered under Article 3 of Chapter 4 of this title, the costs of any medical services, emergency medical and hospital care, or follow-up medical or hospital care as provided in subsection(b) of this Code section for which a local governmental unit is responsible shall mean the costs of such medical services and hospital care which have not been paid by the inmate's health insurance carrier or the Department of Community Health. (d) A hospital authority or hospital which is not a party to a contract with the department or its agents on July 1, 2009, shall be reimbursed no more than the applicable Georgia Medicaid rate for emergency services provided to such state inmate. Nothing in this Code section shall prohibit the department from negotiating higher fees or rates with health care providers. It is the intent of the General Assembly that the department or its agents enter into negotiations with health care providers to contract for the provision of services as provided in this Code section. (e)(1) Except as otherwise provided for in paragraph (2) of this subsection, no state funds or resources shall be used for the following treatments for state inmates:
(A) Sex reassignment surgeries or any other surgical procedures that are performed for the purpose of altering primary or secondary sexual characteristics; (B) Hormone replacement therapies; and (C) Cosmetic procedures or prosthetics intended to alter the appearance of primary or secondary sexual characteristics. (2) The board shall adopt rules and regulations regarding the procedures and therapies prohibited by this subsection, which shall provide for the following limited instances in which the treatments set forth in paragraph (1) of this subsection shall be authorized:

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(A) Treatments for medical conditions where such treatments are considered medically necessary, provided that such condition is not gender dysphoria or the purpose of such treatment is not for sex reassignment; (B) Treatments for individuals born with a medically verifiable disorder of sex development, including individuals born with ambiguous genitalia or chromosomal abnormalities resulting in ambiguity regarding the individual's biological sex; (C) Treatments for individuals with partial androgen insensitivity syndrome; and (D) Hormone replacement therapy treatment for state inmates who were being treated with such therapy prior to the effective date of this Act, provided that the provision of such therapy is solely for the purpose of transitioning off such therapy."

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 May 8, 2025.

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REVENUE AND TAXATION EXCLUDE FROM THE CALCULATION OF TAXABLE NET INCOME CERTAIN DISASTER RELIEF OR ASSISTANCE
GRANT PROGRAM PAYMENTS FOR AGRICULTURAL LOSSES SUFFERED DUE TO HURRICANE HELENE.

No. 70 (House Bill No. 223).

AN ACT

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to authorize certain local governing authorities to provide temporary tax relief from ad valorem taxes levied for the harvest or sale of standing timber from eligible timber property that was severely damaged or destroyed in certain disaster areas; to provide for conditions and procedures; to provide for the establishment of a certification form; to provide for audits; to provide for grants to such local governing authorities to offset the loss of certain revenues resulting from certain disaster damage to standing timber and such temporary tax relief; to provide for an appropriations contingency; to provide for a grant cap; to provide for the calculation of equalized adjusted property tax digests; to require the establishment of criteria regarding damage or destruction; to exclude from the calculation of taxable net

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income certain disaster relief or assistance grant program payments and crop insurance proceeds for agricultural losses suffered due to Hurricane Helene; to provide for refundable income tax credits for certain timber producers based on certain casualty losses related to Hurricane Helene; to provide for transferability of such credits; to provide for an aggregate annual cap; to provide for terms and conditions; to provide for credit preapproval; to provide for legislative findings; to provide for definitions; to provide for a sales and use tax exemption for a limited period of time for building materials used to repair or replace greenhouses and real property structures or fixtures used exclusively for the production of animals; to provide for rules and regulations; to provide for definitions; to provide for related matters; to provide for a short title and legislative findings and intent; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

This part shall be known and may be cited as the "Timberlands Recovery, Exemption, and Earnings Stability (TREES) Act."

SECTION 1-2. The General Assembly finds that:
(1) Hurricane Helene has had a catastrophic impact on the citizens and the economy of many areas in this state, has particularly devastated the timber industry on which the citizens of southwest Georgia are heavily dependent for their livelihood by reducing or eliminating the long-held investments in standing timber and timberlands of businesses and families, and has created both a public fire hazard and a danger of insect infestations due to the massive amounts of downed timber caused by the severity of this natural disaster; (2) As of November, 2024, the estimated losses to standing timber caused by Hurricane Helene as measured by the State Forestry Commission were nearly $1.3 billion; (3) Timberlands as investments are unique as an agriculture product in this state, as timber products often take ten years or longer to realize any return on the investment; (4) Many counties, municipalities, and local school districts rely on the taxes levied at the time of timber's harvest or sale pursuant to Code Section 48-5-7.5, but with the destruction of timberlands throughout this state, that tax revenue will likely not be realized; and (5) It is the intent of the General Assembly to authorize local governing authorities to provide temporary tax relief from the taxes levied pursuant to Code 48-5-7.5 so that the timber industry, and the businesses and families that provide timber products to such industry, will realize a reduced cost for growing new product and recovering from the devastating effects of Hurricane Helene. These reduced costs will help stabilize the market

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and allow for quicker harvesting and recovery of lands where some timber is still salvageable.

SECTION 1-3. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section to read as follows:
"48-5-33.1. (a) As used in this Code section, the term:
(1) 'Disaster area' means any county designated for public assistance or individual and public assistance pursuant to the Federal Emergency Management Agency FEMA-4830-DR Georgia disaster declaration as of November 4, 2024. (2) 'Eligible governing authority' means the governing authority of any county, consolidated government, or municipality or the governing body of any county or independent board of education that is located in whole or in part in the disaster area. (3) 'Eligible standing timber' means any timber which is subject to taxation pursuant to Code Section 48-5-7.5 that is on eligible timber property. (4) 'Eligible timber property' means any parcel, tract, stand, or other identifiable unit of property that:
(A) Contains standing timber which would, in the ordinary course of business, be sold or harvested; (B) Is timberland property as such term is defined in Code Section 48-5-600; (C) Is located within the disaster area; and (D) Was severely damaged or destroyed as a result of the natural disaster. (5) 'Severely damaged or destroyed' means damaged to the extent which would require salvage thinning, a salvage operation, or clear-cut of eligible standing timber based on criteria established by the State Forestry Commission pursuant to subsection (k) of this Code section. (b) Pursuant to Article VII, Section I, Paragraph III(h) of the Constitution of Georgia and in accordance with the provisions of this Code section, an eligible governing authority may grant temporary tax relief from taxes levied for eligible standing timber pursuant to Code Section 48-5-7.5 during: (1) The final quarter of 2024; and (2) Each quarter of 2025. (c) To grant the temporary tax relief authorized by subsection (b) of this Code section, an eligible governing authority shall adopt a resolution or ordinance that: (1) Declares that its jurisdiction contains eligible timber property; (2) Consents to grant the tax relief provided under this Code section; (3) Requires that taxpayers seeking such tax relief submit the certification established pursuant to subsection (f) of this Code section and that such certification shall be accepted by the eligible governing authority; and

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(4) Waives the levy and collection of payment of taxes otherwise due pursuant to Code Section 48-5-7.5 for the final quarter of 2024 and during each quarter of 2025. (d) Upon adoption of the resolution or ordinance provided under subsection (c) of this Code section, no taxpayer who submits the certification established pursuant to subsection (f) of this Code section shall be required to pay taxes otherwise levied pursuant to Code Section 48-5-7.5 for eligible standing timber during the final quarter of 2024 or during any quarter of 2025. (e) In the event taxes were levied and paid by a taxpayer pursuant to Code Section 48-5-7.5 for eligible standing timber during the final quarter of 2024 or during any quarter of 2025, the eligible governing authority to which such taxes were payable or collected shall provide that a refund be issued to such taxpayer for the total amount paid in the same manner as otherwise provided under Code Section 48-5-380. If such taxes were levied but unpaid, the eligible governing authority to which such taxes are payable or collected shall waive payment and collection as provided in the resolution or ordinance adopted pursuant to subsection (c) of this Code section, and shall be provided by the tax collector or tax commissioner an updated tax bill reflecting that the amount is no longer due. (f)(1) A certification form shall be established by the State Forestry Commission in consultation with the commissioner and Association County Commissioners of Georgia within ten days of the effective of this Code section. In addition to requiring necessary identification and location information, such certification shall:
(A) Require such taxpayer to declare that their otherwise taxable property is eligible standing timber; (B) Require such taxpayer to declare that they are making a claim for temporary tax relief for eligible standing timber pursuant to this Code section; and (C) Allow the taxpayer to attach photographs of their eligible timber property, verification by a registered forester that the otherwise taxable property is eligible timber property, or other supporting documentation. (2) Such certification shall be completed by the taxpayer and shall be submitted to the eligible governing authority as provided in the resolution or ordinance adopted pursuant to subsection (c) of this Code section. (3) The State Forestry Commission shall distribute or otherwise make available such certification form to taxpayers. (g) The State Forestry Commission is authorized to conduct audits of property for compliance with this Code section at the request of the tax collector or tax commissioner for an eligible governing authority. In the event the State Forestry Commission conducts an audit and finds that the temporary tax relief granted to a taxpayer pursuant to this Code section was improper, the State Forestry Commission shall report such findings to the tax collector or tax commissioner who may pursue all remedies available by law as necessary to recapture the tax that would have been due but for being wrongfully claimed by a taxpayer.

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(h) Any temporary tax relief approved or allowed under this Code section shall be paid from funds of the eligible governing authority to which the taxes were or were to have been paid.
(i)(1) For the purpose of offsetting an eligible governing authority's revenue loss in the final quarter of 2024 and any quarter of 2025 due to the destruction of eligible standing timber in the disaster area and the temporary tax relief authorized pursuant to this Code section, the commissioner shall, subject to an appropriation by the General Assembly specifically referencing the provisions of this Code section, provide a grant to each eligible governing authority that has consented to grant the temporary tax relief authorized pursuant to this Code section. (2) A grant provided for in paragraph (1) of this subsection shall be allotted to each eligible governing authority based on:
(A) The governing authority's estimated revenue loss as described in paragraph (1) of this subsection; (B) The revenue received by such governing authority pursuant to Code Section 48-5-7.5 in each of the preceding three years; and (C) The estimated damage to eligible standing timber in the jurisdiction as provided in the Hurricane Helene Timber Damage Assessment published by the State Forestry Commission on November 5, 2024, or other reliable data from the State Forestry Commission. (3) No grant to an eligible governing authority provided pursuant to paragraph (1) of this subsection shall exceed the average of the total revenue received by such governing authority pursuant to Code Section 48-5-7.5 in 2021, 2022, and 2023. (j)(1) The grants provided pursuant to subsection (i) of this Code section shall not be included in the calculation of the equalized adjusted property tax digest under Code Section 48-5-274 for the purpose of calculating the required local five mill share for school funding purposes under Code Section 20-2-164. (2) The temporary tax relief authorized pursuant to this Code section shall not affect the requirement provided for in paragraph (2) of subsection (m) of Code Section 48-5-7.5 that the fair market value of timber harvested or sold be added to a digest and be included in the calculation of the equalized adjusted property tax digest under Code Section 48-5-274 for the purpose of calculating the required local five mill share for school funding purposes under Code Section 20-2-164. (k)(1) The commissioner, tax collectors, and tax commissioners shall be authorized to consult with the State Forestry Commission to implement the provisions of this Code section. (2) The State Forestry Commission shall establish criteria for determining whether timber property is severely damaged or destroyed. In establishing such criteria, such commission may consider: (A) The average damage sustained throughout the timber property;

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(B) Whether the timber property has adequate remaining trees per acre to maintain viable timber property; and (C) The risk of insect and disease damage to the timber property as a result of the disaster. (l) The commissioner may promulgate any rules and regulations necessary to implement and administer the provisions this Code section."

PART II SECTION 2-1.

Said title is further amended in Code Section 48-7-27, relating to computation of taxable net income, by adding new paragraphs to subsection (a) to read as follows:
"(11.3) For taxable years beginning on or after January 1, 2025, and ending on or before December 31, 2029, income received as payments from a federal disaster relief or assistance grant program administered by this state or its instrumentalities or the United States Department of Agriculture, if such federal grant program was established specifically to address agricultural losses suffered due to Hurricane Helene which was a weather event declared to be a major disaster in this state by the President of the United States during the 2024 calendar year, to the extent such income is included in federal adjusted gross income or federal taxable income; (11.4) For taxable years beginning on or after January 1, 2025, and ending on or before December 31, 2025, federal crop insurance proceeds received for the destruction or damage to crops due to Hurricane Helene which was a weather event declared to be a major disaster in this state by the President of the United States during the 2024 calendar year, to the extent such proceeds are included in federal adjusted gross income or federal taxable income;"

SECTION 2-2. Said title is further amended by adding a new Code section to read as follows:
"48-7-40.37. (a)(1) The General Assembly finds and determines that Hurricane Helene has had a catastrophic impact on the citizens and the economy of Georgia, has particularly devastated the timber industry on which the citizens of Georgia are heavily dependent for their livelihood, and has created both a public fire hazard and a danger of insect infestations due to the massive amounts of downed timber caused by the severity of this natural disaster. (2) The General Assembly further finds and declares that it is appropriate and advisable to provide relief to the timber industry in the form of a tax credit targeted to those taxpayers that have suffered substantial economic losses and that will have to incur significant expenses for salvaging downed timber, site clearance, restoration, and reforestation over the coming years.

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(b) As used in this Code section, the term: (1) 'Disaster area' means the real property encompassed by the borders of the 66 counties included in the renewal of the State of Emergency pronounced in the Executive Order of the Governor dated October 29, 2024, and filed in the official records of the office of the Governor as Executive Order No. 10.29.24.01. (2) 'Eligible timber property' means timber which on September 24, 2024, was being grown by a taxpayer in a disaster area as part of a trade or business or a transaction entered into for profit. (3) 'Timber' means trees grown for the primary purpose of commercial production of food or wood or wood fiber products. (4) 'Timber casualty loss' means the amount of the diminution of value included in the computation of the casualty loss deduction for such casualty losses claimed and allowed pursuant to Section 165 of the Internal Revenue Code of 1986 as casualty losses incurred by a taxpayer between September 24, 2024, and December 31, 2024, as a result of damage to or destruction of eligible timber property caused by Hurricane Helene. (c)(1) A taxpayer shall be allowed tax credits against the tax imposed by this article in an amount equal to 100 percent of such taxpayer's timber casualty loss; provided, however, that the credit amount shall not exceed the number of the taxpayer's affected acres of eligible timber property in such disaster areas multiplied by $550.00. (2) To be allowed such tax credits, a taxpayer shall submit an application for preapproval of such credits based on timber casualty losses incurred by such taxpayer by December 31, 2025. (d)(1) The commissioner shall require preapproval applications to contain such information as is necessary to substantiate a taxpayer's eligibility for tax credits allowed pursuant to this Code section. (2) The commissioner is authorized to require electronic submission of preapproval applications in the manner specified by the commissioner. (3) The commissioner shall review completed preapproval applications in the order in which such applications were submitted and shall provide notice to each taxpayer that submitted an application within 30 days of receipt stating whether such taxpayer's application is complete or incomplete. (4) In no event shall the commissioner preapprove tax credits pursuant to this Code section in an amount that exceeds $200 million in aggregate. (5) In the event that properly completed and timely submitted preapproval applications are submitted for an amount that exceeds the amount of funds available to fully fund the tax credits requested, the commissioner shall prorate the available funds between or among the applicants. (6) The commissioner shall approve properly completed and timely submitted preapproval applications and issue a preapproval certificate to the taxpayer by January 31, 2026, certifying the amount of credits such taxpayer is eligible to claim if the taxpayer meets the conditions of this Code section.

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(e) In no event shall the amount of the tax credits allowed pursuant to this Code section exceed $200 million in aggregate.
(f)(1)(A) Tax credits allowed pursuant to this Code section shall be eligible to be claimed only by the taxpayer to which the commissioner issued a preapproval certificate. (B) Tax credits allowed pursuant to this Code section shall only be claimed in the taxable year in which the taxpayer first completes:
(i) The restoration of each acre for which timber casualty losses were incurred to a condition that has an adequately stocked stand that is expected to result in forest products or ecological services in the foreseeable future; or (ii) The replanting of timber in a quantity projected to yield at maturity at least 90 percent of the value of the timber casualty loss claimed. Such timber shall be planted within the same county in which the eligible timber property was being grown when the timber casualty loss was incurred. Timber market conditions as of September 25, 2024, shall be used for the purposes of establishing projected value. (2) To claim tax credits allowed pursuant to this Code section, a taxpayer shall attach to such taxpayer's state tax return certification from the taxpayer that the requirements of this Code section have been met and any other information required by the commissioner, including information which demonstrates that it has completed the restoration or replanting of timber required pursuant to paragraph (1) of this subsection. (3) Any tax credits allowed pursuant to this Code section shall be claimed on or before December 31, 2030. (g)(1) The total amount of the tax credits allowed pursuant to this Code section for a taxable year may exceed the taxpayer's income tax liability. Such tax credits allowed in excess of a taxpayer's income tax liability shall be refundable to such taxpayer, provided that such taxpayer is the same taxpayer that incurred the timber casualty loss. (2) Tax credits claimed pursuant to this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the credits are claimed. (h) Tax credits claimed pursuant to this Code section but neither used by the taxpayer against its income tax liability nor refunded may be transferred or sold one time to one single other Georgia taxpayer, subject to the following conditions: (1) Only the taxpayer that claimed the tax credits allowed pursuant to this Code section shall make the transfer or sale of such tax credits; (2) The taxpayer that claimed the tax credits allowed pursuant to this Code section shall submit to the commissioner written notification of any transfer or sale of such tax credits within 30 days after the transfer or sale of the tax credits. Such written notification shall include: (A) Such taxpayer's credit balance prior to transfer; (B) The credit certificate number; (C) The remaining balance of credits after transfer;

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(D) The tax identification number of the transferee; (E) The date of transfer; (F) The amount of credits transferred; and (G) Other information as may be required by the department; (3) Failure to comply with any provision of this subsection shall result in the disallowance of the tax credits allowed pursuant to this Code section until the taxpayer that claimed the credits is in full compliance; (4) The transfer or sale of the tax credits shall not extend the time during which such tax credits may be used. The carry-forward period for tax credits that are transferred or sold shall begin on the date on which such tax credits were originally claimed; (5) A transferee shall have only such rights to claim and use the tax credits that were available to the transferor at the time of the transfer; provided, however, that a transferee shall not be eligible to transfer or receive a refund of such tax credits. To the extent that the transferor did not have rights to claim or use the tax credits at the time of the transfer, the commissioner shall disallow the tax credits claimed by the transferee or recapture the tax credits from the transferee or transferor. The transferee's recourse shall not be against the commissioner; and (6) The transferee shall acquire the tax credits allowed pursuant to this Code section for a minimum of 60 percent of the amount of the tax credits so transferred. (i)(1) A taxpayer claiming, transferring, or selling tax credits allowed pursuant to this Code section shall be required to reimburse the department for any department initiated audits relating to the tax credits, provided that such amount shall not exceed the value of the credits claimed by the taxpayer. This paragraph shall not apply to routine tax audits of such taxpayer that may include the review of the tax credits provided in this Code section. (2) The commissioner shall have access to timber property for the purpose of determining eligibility for both the preapproval and claiming of tax credits allowed and conducting audits pursuant to this Code section, provided that prior notice is given to any taxpayer that submitted a preapproval application or transferred or claimed tax credits pursuant to this Code section and the owner of the underlying real property. (3) The commissioner may pursue all remedies available by law as necessary to recapture tax credits wrongfully preapproved, allowed, or claimed by a taxpayer or a taxpayer's transferee. (4) The commissioner shall be authorized to consult with the State Forestry Commission as necessary to administer and enforce the provisions of this Code section. (j) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section."

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SECTION 2-3. Said title is further amended in Chapter 8, relating to sales and use taxes, by revising paragraph (3) of subsection (a) of Code Section 48-8-3.3, relating to exemptions for agricultural operations and establishment of Georgia Agricultural Trust Fund, as follows:
"(3)(A) 'Agricultural production inputs' means seed; seedlings; plants grown from seed, cuttings, or liners; fertilizers; insecticides; livestock and poultry feeds, drugs, and instruments used for the administration of such drugs; fencing products and materials used to produce agricultural products regardless of whether the fencing products or materials become incorporated into real property; fungicides; rodenticides; herbicides; defoliants; soil fumigants; plant growth regulating chemicals; desiccants, including, but not limited to, shavings and sawdust from wood, peanut hulls, fuller's earth, straw, and hay; feed for animals, including, but not limited to, livestock, fish, equine, hogs, or poultry; sugar used as food for honeybees kept for the commercial production of honey, beeswax, and honeybees; cattle, hogs, sheep, equine, poultry, or bees when sold for breeding purposes; ice or other refrigerants, including, but not limited to, nitrogen, carbon dioxide, ammonia, and propylene glycol used in the processing for market or the chilling of agricultural products in storage facilities, rooms, compartments, or delivery trucks; materials, containers, crates, boxes, labels, sacks, bags, or bottles used for packaging agricultural products when the product is either sold in the containers, sacks, bags, or bottles directly to the consumer or when such use is incidental to the sale of the product for resale; and containers, plastic, canvas, and other fabrics used in the care and raising of agricultural products or canvas used in covering feed bins, silos, greenhouses, and other similar storage structures.
(B)(i) For the period beginning on the effective date of this Act and ending on December 31, 2025, such term also means building materials used to repair or replace:
(I) Greenhouses; and (II) Real property structures or fixtures used exclusively for the production of animals, including, but not limited to, poultry sheds and livestock barns. (ii) Notwithstanding subsection (c) of Code Section 48-8-63, contractors shall not incur any use tax on any building materials that a qualified agricultural producer purchases tax-exempt under division (i) of this subparagraph for use in an agricultural operation and furnishes to such contractor for installation into real property."

PART III SECTION 3-1.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 8, 2025.

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INSURANCE CONSUMER TRANSACTIONS; INCREASED CONSUMER PROTECTION FOR HOMEOWNERS ENTERING
INTO CONTRACTS WITH CONTRACTORS FOLLOWING NATURAL DISASTERS; PROVIDE.

No. 71 (Senate Bill No. 201).

AN ACT

To amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions unlawful and examples, so as to provide increased consumer protection for homeowners entering into contracts with contractors following natural disasters; to provide for certain contractual requirements; to provide for notice language; to amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices, so as to prohibit the assignment of benefits in certain circumstances; to provide for definitions; to provide for related matters; to provide for legislative findings; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The General Assembly finds that:
(1) Following natural disasters, homeowners often need for repairs to be completed to their homes in an expeditious manner; (2) Due to such time pressures, homeowners may enter into contracts with contractors much more quickly than such homeowners typically would; (3) Many homeowners believe that assigning their insurance proceeds to contractors who contract to work on their homes will expedite the repairs of such homes; (4) Such homeowners may not realize that some contractors will accept the assigned insurance proceeds and then fail to expeditiously perform the required work or perform the work in a substandard manner;

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(5) There is a need in this state to provide greater protection for homeowners following natural disasters to ensure that contracted work on their homes is performed in an expeditious and professional manner; and (6) There is also a need to specifically prohibit the assignment of insurance proceeds to contractors for a period of one year following the occurrence of a natural disaster.

SECTION 2. Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions unlawful and examples, is amended in subsection (b) by striking "and" at the end of paragraph (34), by replacing the period at the end of paragraph (35) with "; and", and by adding a new paragraph to read as follows:
"(36)(A) With respect to any contractor entering into a contract with a homeowner within one year of a natural disaster for the provision of services for the repair, replacement, or mitigation of damage of or to the homeowner's home caused by such disaster:
(i) Failing to substantially commence work on the contracted services within one year of the execution of such contract; (ii) Completing all or a portion of the agreed upon services in a substandard manner; (iii) Entering into a contract with the homeowner whereby the homeowner assigned insurance proceeds to the contractor; (iv) Completing services in a manner inconsistent with the state minimum standard codes or accredited industry standards; or (v) Failing to comply with subparagraph (B) of this paragraph. (B) Any contractor entering into a contract with a homeowner within one year of a natural disaster for the provision of services for the repair, replacement, or mitigation of damage of or to the homeowner's home caused by such disaster shall: (i) Accept the cancellation of the contract by the homeowner prior to midnight on the fifth business day after such homeowner has received written notice from the insurer that all or any part of the claim or contract related to the natural disaster is not a covered loss under the homeowner's insurance policy. Cancellation shall be evidenced by the homeowner giving written notice of cancellation to the contractor at the address stated in the contract. Notice of cancellation, if given by mail, shall be effective upon deposit into the United States mail, postage prepaid and properly addressed to the contractor. Notice of cancellation need not take a particular form and shall be sufficient if it indicates, by any form of written expression, the intention of the homeowner not to be bound by the contract; and (ii) Before entering a contract as provided in this subparagraph:
(I) Furnish the homeowner with a statement in boldface type of a minimum size of ten points in substantially the following form: 'You may cancel this contract at any time before midnight on the fifth business day after you have received written notification from your insurer that all or any part of

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the claim or contract is not a covered loss under the insurance policy. This right to cancel is in addition to any other rights of cancellation which may be found in state or federal law or regulation. See the attached notice of cancellation form for an explanation of this right'; and (II) Furnish each homeowner with a fully completed form in duplicate, captioned 'NOTICE OF CANCELLATION,' which shall be attached to the contract but easily detachable, and which shall contain in boldface type of a minimum size of ten points the following statement: 'NOTICE OF CANCELLATION If you are notified by your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy, you may cancel the contract by mailing or delivering a signed and dated copy of this cancellation notice or any other written notice to (name of contractor) at
(address of contractor's place of business) at any time prior to midnight on the fifth business day after you have received such notice from your insurer. I HEREBY CANCEL THIS TRANSACTION

(date)

(insured's signature).' (C) Notwithstanding other provisions of law in this paragraph, if the contractor has performed any emergency services, acknowledged by the homeowner in writing to be necessary to prevent immediate damage to the premises, the contractor shall be entitled to collect the reasonable amount due for the emergency services at the time they are rendered. Any provision in a contract provided for in this paragraph that requires the payment of any fee for any services except emergency services shall not be enforceable against any homeowner who has canceled a contract under this paragraph. (D) As used in this paragraph, the term 'natural disaster' means a flood, tornado, hurricane, earthquake, or other occurrence for which a state of emergency is proclaimed by the Governor."

SECTION 3. Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices, is amended by striking "and" at the end of paragraph (13), striking the period at the end of paragraph (14) and inserting "; and" in lieu thereof, and adding a new paragraph to read as follows:
"(15)(A) No insurer shall sell homeowner's insurance policies that allow for the assignment of proceeds to a contractor within one year of a natural disaster which causes damage to the insured's residential property. (B) As used in this paragraph, the term:

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(i) 'Natural disaster' means a flood, tornado, hurricane, earthquake, or other occurrence for which a state of emergency is proclaimed by the Governor. (ii) 'Residential property' means real property used or occupied as the primary residence of a natural person."

SECTION 4. Section 3 of this Act shall become effective on January 1, 2026, and shall apply to all policies issued, delivered, issued for delivery, or renewed in this state on or after such date. The remainder of this Act shall become effective on July 1, 2025.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Approved May 8, 2025.

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CONSERVATION AND NATURAL RESOURCES WATER RESOURCES; WATER-MEASURING DEVICES FOR FARM USE OF SURFACE AND GROUND WATER; REVISE PROVISIONS.

No. 72 (House Bill No. 143).

AN ACT

To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to revise provisions regarding water-measuring devices for farm use of surface and ground water; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by revising paragraph (3) of subsection (b) and subsection (m.1) of Code Section 12-5-31, relating to regulated riparian rights to surface waters for general or farm use, permits for withdrawal, diversion, or impoundment, coordination with water plans, metering of farm use, interbasin transfers, and appeal procedures, as follows:
"(3)(A) Notwithstanding any other provision of this Code section to the contrary, a permit for the withdrawal or diversion of surface waters for farm uses shall be issued by the director to any person when the applicant submits an application which provides

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reasonable proof that the applicant's farm use of surface waters occurred prior to July 1, 1988, and when any such application is submitted prior to July 1, 1991. If submitted prior to July 1, 1991, an application for a permit to be issued based upon farm uses of surface waters occurring prior to July 1, 1988, shall be granted for the withdrawal or diversion of surface waters at a rate of withdrawal or diversion equal to the greater of the operating capacity in place for withdrawal or diversion on July 1, 1988, or, when measured in gallons per day on a monthly average for a calendar year, the greatest withdrawal or diversion capacity during the five-year period immediately preceding July 1, 1988. If submitted after July 1, 1991, or, regardless of when submitted, if it is based upon a withdrawal or diversion of surface waters for farm uses occurring or proposed to occur on or after July 1, 1988, an application shall be subject to evaluation and classification pursuant to subsections (e), (f), and (g) of this Code section, but a permit based upon such evaluation and classification shall be issued to ensure the applicant's right to a reasonable use of such surface waters. Any permit issued pursuant to this paragraph shall be conditioned upon the requirement that the permittee shall provide, on forms prescribed by the director, information relating to a general description of the lands and number of acres subject to irrigation and the permit; a description of the general type of irrigation system used; the source of withdrawal water such as river, stream, or impoundment; and pump information, including rated capacity, pump location, and power information. (B) Permits applied for under this paragraph on or after April 20, 2006, for farm use in the Flint River basin shall have a term of 25 years and shall be automatically renewed at the original permitted capacity unless an evaluation by the division indicates that renewal at the original capacity would have unreasonable adverse effects upon other water uses. The division may renew the original permit at a lower capacity, but such capacity shall be based on the reasonable use of the permittee and evaluation of the resource. (C) A permittee may apply to have a permit issued under this paragraph modified, amended, transferred, or assigned to subsequent owners of the lands which are the subject of such permit; provided, however, that:
(i) The division shall receive written notice of any such transfer or assignment; (ii) Any modification in or amendment to the use or capacity conditions contained in the permit or in the lands which are the subject of such permit shall require the permittee to submit an application for review and approval by the director consistent with this Code section; and (iii) The permittee may commence withdrawing water under the modified, amended, transferred, or assigned permit on the effective date stated on the revised permit for farm use. (D) Nothing in this paragraph shall be construed as a repeal or modification of Code Section 12-5-46."

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"(m.1)(1) The division shall have the duty of implementing a program of measuring farm uses of water in order to obtain clear and accurate information on the patterns and amounts of such use, which information is essential to proper management of water resources by the state and useful to farmers for improving the efficiency and effectiveness of their use of water, meeting the requirements of subsections (b) and (m) of this Code section, and improving water conservation. (2) The division:
(A) May conduct its duties with division staff and may contract with other persons to conduct any of its duties; (B) May receive and use state appropriations, gifts, grants, or other sources of funding to carry out its duties; (C) Shall develop a priority system for the installation of devices for measurement of farm uses of water at the points of those withdrawals for which a permit was issued as of July 1, 2003. The division may refine the priority system from time to time based on the amount of funding received by the division, considerations regarding cost effectiveness, new technical information, changes in resource use or conditions, or other factors as deemed relevant by the director; (D) Shall, on behalf of the state, contract for the purchase and installation of that subset of water-measuring devices according to the priority system required by this Code section, and no charge shall be made to the permittee for such costs. If no contractor is available, the division may use trained and certified staff to perform installations, and no charge shall be made to the permittee for such costs; (E) Shall, at monthly intervals, read an appropriate proportion of water-measuring devices installed for measuring farm use of surface water and compile the collected data for use in meeting the purposes in paragraph (1) of this subsection, and the division shall communicate in advance with private property owners to establish reasonable times for such readings. In the event that a permittee's water-measuring devices are selected for monthly readings, the permittee may choose to perform those readings and transmit that information to the division; and (F) Shall issue an annual progress report on the status of water-measuring device installation. (3) Any person whose permit for agricultural water use was issued before July 1, 2003, and who desires to install a water-measuring device at no cost to the state may do so, provided that the permittee shall have an acceptable type of water-measuring device installed and placed in operation at each point of permitted withdrawal and the permittee shall notify the division in writing once the installation has occurred. The division shall approve or disapprove the installation within 60 days of the date of notification. (4) Any person who desires to commence a farm use of water for which a permit is issued after July 1, 2003, shall not commence such use prior to receiving approval from the division that such person has installed an acceptable type of water-measuring device

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installed at each point of permitted withdrawal. The permittee shall be responsible for all such costs. (5) Employees, contractors, or agents of the division are authorized to enter upon private property at reasonable times and upon reasonable notice to conduct the duties of the division under this subsection. (6) Regarding all permits for which a water-measuring device is installed, regardless of when the permit was issued, the division shall contract for the annual reading of such water-measuring devices. The division shall require each contractor conducting such annual readings to transmit complete and accurate data required by the division to the division annually. (7) The division shall audit a subset of reported water-measuring device readings submitted by permittees for the purpose of understanding and improving the accuracy of such readings. (8) The division shall contract for any maintenance, repair, or replacement of water-measuring devices installed pursuant to this Code section where maintenance, repair, or replacement is required to ensure that such water-measuring devices accurately reflect the amount of water used, and no charge shall be made to the permittee for such costs. The division shall also have the authority to undertake repairs or replacements of water-measuring devices when such repairs or replacements are necessary to maintain compliance with water use regulations, and no charge shall be made to the permittee for such costs. (9) If the division determines that the permittee or the permittee's employees, tenants, licensees, or agents have willfully dismantled, sold, relocated, or removed any water-measuring device installed pursuant to this Code section, the permittee may be subject to enforcement action by the division, including but not limited to imposition of civil penalties. (10) Any reports of amounts of use for recreational purposes under this Code section shall be compiled separately from amounts reported for all other farm uses."

SECTION 2. Said chapter is further amended by revising subsections (b) and (b.1) of Code Section 12-5-105, relating to regulated reasonable use of ground water for farm use, permits to withdraw, obtain, or utilize, metering, and related procedures, as follows:
"(b) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the contrary, permits to withdraw, obtain, or utilize ground waters for farm uses, as that term is defined in paragraph (5.1) of Code Section 12-5-92, whether for new withdrawals or under subsection (a) of this Code section, shall be governed as follows:
(1) Permits applied for under this Code section on or after April 20, 2006, for farm use within the Flint River basin shall have a term of 25 years and shall be automatically renewed at the original permitted capacity unless an evaluation by the division indicates that renewal at the original capacity would have unreasonable adverse effects upon other

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water uses. The division may renew the original permit at a lower capacity, but such capacity shall be based on the reasonable use of the permittee and evaluation of the resource; (2) A permittee may apply to have a permit issued under this Code section modified, amended, transferred, or assigned to subsequent owners of the lands which are the subject of such permit; provided, however, that:
(A) The division shall receive written notice of any such transfer or assignment; (B) Any modification in or amendment to the use or capacity conditions contained in the permit or in the lands which are the subject of such permit shall require the permittee to submit an application for review and approval by the director consistent with the requirements of this part; and (C) The permittee may commence withdrawing water under the modified, amended, transferred, or assigned permit on the effective date stated on the revised permit for farm use; (3) Permits for farm use, after initial use has commenced, shall not be revoked, in whole or in part, for nonuse; except that the director may permanently revoke any permit under this Code section for farm use within the Flint River Basin applied for on or after April 20, 2006, if initial use for the purpose indicated on the permit application, as measured by a flow meter approved by the division has not commenced within two years of the date of issuance of the permit unless the permittee can reasonably demonstrate that his or her nonuse was due to financial hardship or circumstances beyond his or her control; (4) The director may suspend or modify a permit for farm use if he or she should determine through inspection, investigations, or otherwise that the quantity of water allowed would prevent other applicants from reasonable use of ground water beneath their property for farm use; (5) During emergency periods of water shortage, the director shall give first priority to providing water for human consumption and second priority to farm use; and (6) The importance and necessity of water for industrial purposes are in no way modified or diminished by this Code section. (b.1)(1) The division shall have the duty of implementing a program of measuring farm uses of water in order to obtain clear and accurate information on the patterns and amounts of such use, which information is essential to proper management of water resources by the state and useful to farmers for improving the efficiency and effectiveness of their use of water, meeting the requirements of subsections (b) and (b.1) of this Code section, and improving water conservation. (2) The division: (A) May conduct its duties with division staff and may contract with other persons to conduct any of its duties; (B) May receive and use state appropriations, gifts, grants, or other sources of funding to carry out its duties;

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(C) Shall develop a priority system for the installation of devices for measurement of farm uses of water at the points of those withdrawals for which a permit was issued as of July 1, 2003. The division may refine the priority system from time to time based on the amount of funding received by the division, considerations regarding cost effectiveness, new technical information, changes in resource use or conditions, or other factors as deemed relevant by the director; (D) Shall, on behalf of the state, contract for the purchase and installation of that subset of water-measuring devices according to the priority system required by this Code section, and no charge shall be made to the permittee for such costs. If no contractor is available, the division may use trained and certified staff to perform installations, and no charge shall be made to the permittee for such costs; (E) Shall, at monthly intervals, read an appropriate proportion of water-measuring devices installed for measuring farm use of ground water and compile the collected data for use in meeting the purposes in paragraph (1) of this Code section, and the division shall communicate in advance with private property owners to establish reasonable times for such readings. In the event that a permittee's water-measuring devices are selected for monthly readings, the permittee may choose to perform those readings and transmit that information to the division; and (F) Shall issue an annual progress report on the status of water-measuring device installation. (3) Any person whose permit for agricultural water use was issued before July 1, 2003, and who desires to install a water-measuring device at no cost to the state may do so, provided that the permittee shall have an acceptable type of water-measuring device installed and placed in operation at each point of permitted withdrawal and the permittee shall notify the division in writing once the installation has occurred. The division shall approve or disapprove the installation within 60 days of the date of notification. (4) Any person who desires to commence a farm use of water for which a permit is issued after July 1, 2003, shall not commence such use prior to receiving approval from the division that such person has installed an acceptable type of water-measuring device installed by the commission at each point of permitted withdrawal. The permittee shall be responsible for all such costs. (5) Regarding all permits for which a water-measuring device is installed, regardless of when the permit was issued, the division shall contract for the annual reading of such water-measuring devices. The division shall require each contractor conducting such annual readings to transmit complete and accurate data required by the division to the division annually. (6) The division shall audit a subset of reported water-measuring device readings submitted by permittees for the purpose of understanding and improving the accuracy of such readings.

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(7) Employees, contractors, or agents of the division are authorized to enter upon private property at reasonable times and upon reasonable notice to conduct the duties of the division under this subsection. (8) The division shall contract for any maintenance, repair, or replacement of water-measuring devices installed pursuant to this Code section where maintenance, repair, or replacement is required to ensure that such water-measuring devices accurately reflect the amount of water used, and no charge shall be made to the permittee for such costs. The division shall also have the authority to undertake repairs or replacements of water-measuring devices when such repairs or replacements are necessary to maintain compliance with water use regulations, and no charge shall be made to the permittee for such costs. (9) If the division determines that the permittee or the permittee's employees, tenants, licensees, or agents have willfully dismantled, sold, relocated, or removed any water-measuring device installed pursuant to this Code section, the permittee may be subject to enforcement action by the division, including but not limited to imposition of civil penalties. (10) Any reports of amounts of use for recreational purposes under this part shall be compiled separately from amounts reported for all other farm uses. (c) Nothing in this Code section shall be construed as a repeal or modification of Code Section 12-5-104."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 8, 2025.

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EDUCATION "DISTRACTION-FREE EDUCATION ACT"; ENACT.

No. 74 (House Bill No. 340).

AN ACT

To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to enact the "Distraction-Free Education Act"; to require local school systems and public schools to enact policies and procedures for use of personal electronic devices at school and school sponsored events by students in kindergarten through eighth grade; to provide for permissible student use of personal electronic devices; to authorize the Department of Education to provide guidance and technical assistance; to

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prohibit certain waivers; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Distraction-Free Education Act."

SECTION 2. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Part 15 of Article 6, relating to miscellaneous provisions under the "Quality Basic Education Act," by adding a new Code section to read as follows:
"20-2-324.8. (a) As used in this Code section, the term:
(1) 'Access' means viewing, holding, wearing, or otherwise using a device for the purpose of communication, internet access, gaming, recording, listening to music, or any other function commonly associated with personal electronic devices. (2) 'Bell-to-bell' means the period beginning with the first bell signaling the start of instructional time and ending with the final bell signaling the conclusion of the school day and shall include all scheduled instructional time, breaks, transitions, assemblies, and other school related activities occurring between the start and end of the school day. (3) 'Distraction-free education' means a learning environment where access to personal electronic devices is restricted to minimize distractions, improve academic outcomes, and increase meaningful interactions and focused learning experiences. (4) 'Personal electronic device' means any portable electronic device capable of transmitting, receiving, or accessing communications, data, or media. Such term includes, but is not limited to, smartphones, smartwatches, tablets, e-readers, headphones, and other devices with functionalities such as wireless communication, internet access, messaging, video recording, gaming, social media access, or data transmission. (5) 'School day' means the bell-to-bell period for students receiving instruction on a school campus. Such term shall not apply to students receiving virtual or remote instruction away from a school campus. (6) 'School equipment' means any computer or computer networking equipment, technology or technology related device or service, or communication system or service that is operated, owned, leased, and made available to students by a local board of education, local school system, or public school and that is used for transmitting, receiving, or accessing communications, data, or media. (b) Beginning no later than July 1, 2026, no public school student in kindergarten through grade eight shall be permitted to access personal electronic devices during the school day, except as otherwise provided in this Code section or required by law.

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(c) By January 1, 2026, each local school system and public school shall adopt policies and procedures that, at a minimum:
(1) Prohibit bell-to-bell access to personal electronic devices by students in kindergarten through grade eight, subject to exceptions provided for by law; (2) Establish appropriate methods for storing students' personal electronic devices, including, but not limited to, a student's locker, a locked pouch, or a designated place in the classroom; (3) Establish clear procedures for off-site events or activities, including all school sponsored events and field trips, daily transportation, athletic and extracurricular events, and other instructional opportunities that do not occur on school grounds; (4) Establish clear communication protocols that:
(A) Facilitate all emergency communication through school emergency communication management systems and coordinated by school personnel; (B) Require parents or guardians who need to communicate with their student during the school day to contact the school directly; and (C) Communicate rules for school personnel and sponsors of all school sponsored events and field trips, daily transportation, athletic and extracurricular events, and other instructional opportunities that do not occur on school grounds; and (5) Provide that any student found in violation of such policies and procedures during the school day shall be subject to progressive consequences in accordance with the local school system's or public school's student code of conduct, including, but not limited to, verbal warnings, confiscation of personal electronic devices, parental notification, and other actions as deemed appropriate. (d) A student whose Individualized Education Program (IEP), Section 504 Plan, or medical plan explicitly mandates the use of a personal electronic device for medical or educational purposes shall be permitted to access the device as necessary to fulfill the requirements of the respective program or plan. (e)(1) Each local school system and public school shall: (A) Implement appropriate monitoring and enforcement mechanisms to ensure compliance with policies and procedures established pursuant to this Code section, which may include, but need not be limited to, assigning designated school personnel to oversee implementation and adherence to such policies and procedures, conducting periodic audits of personal electronic device storage, and regularly reviewing enforcement practices; (B) Ensure that parents, guardians, and students are informed of such policies and procedures through student and family handbooks, student codes of conduct, school public websites, and other common communication channels; and (C) Regularly review the effectiveness of such policies and procedures and adjust as necessary to ensure its continued alignment with educational goals and student well-being.

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(2) Each local school system and public school is encouraged to host student and parent engagement activities designed to promote distraction-free education through personal electronic device-free, independent play and learning, including, but not limited to, family workshops, question and answer sessions, town halls, mindfulness or enrichment sessions, screen-free challenges, and participation in initiatives that encourage students to engage in meaningful, personal electronic device-free play and activities. (f) The Department of Education shall provide local school systems and public schools with guidance and technical support for the effective implementation and enforcement of the provisions of this Code section. (g) Nothing in this Code section shall be construed or applied to prohibit or limit a local school system or public school from providing school equipment, including, but not limited to, laptops and tablets, for student use for educational purposes. (h) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for a strategic waivers school system, Code Section 20-2-2063.2 or 20-2-2065 for a charter system, Code Section 20-2-2065 for a charter school, Code Section 20-2-2096.3 for a completion special school, or Code Section 20-2-244."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 9, 2025.

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INSURANCE LIFE INSURANCE; A POLICY OF GROUP LIFE INSURANCE FROM EXCLUDING OR RESTRICTING LIABILITY FOR CERTAIN DEATHS OCCURRING WHILE AN INDIVIDUAL IS AN ACTIVE DUTY SERVICE MEMBER; PROHIBIT.

No. 75 (Senate Bill No. 109).

AN ACT

To amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to prohibit a policy of group life insurance from excluding or restricting liability for certain deaths occurring while an individual is a service 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:

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SECTION 1. Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, is amended by revising Code Section 33-25-5, relating to inclusion of provisions excluding or restricting liability for death, as follows:
"33-25-5. (a) No policy of life insurance, except as stated in subsection (c) of this Code section, shall be delivered or issued for delivery in this state if it contains a provision which excludes or restricts liability for death caused in a certain specified manner or occurring while the insured has a specified status, except that the policy may contain provisions excluding or restricting coverage as specified therein in the event of death under any one or more of the following circumstances:
(1) Death as a result, directly or indirectly, of war, declared or undeclared, or of any act or hazard of such war; (2) Death as the result of aviation or any air travel or flight; (3) Death as a result of a specified hazardous occupation or occupations; (4) Death while the insured is a resident outside the continental United States and Canada; or (5) Death within two years from the date of issue of the policy as a result of suicide, while sane or insane. (b) A policy which contains any exclusion or restriction pursuant to subsection (a) of this Code section shall also provide that in the event of death under circumstances to which any such exclusion or restriction is applicable, the insurer will pay an amount not less than a reserve determined according to the Commissioner's reserve valuation method upon the basis of the mortality table and interest rate specified in the policy for the calculation of nonforfeiture benefits or, if the policy provides no such benefits, computed according to a mortality table and interest rate determined by the insurer and specified in the policy with adjustment for indebtedness or dividend credit. (c) This Code section shall not apply to group life insurance, except as stated in subsection (d) of this Code section, reinsurance, annuities, or to any provision of a life insurance policy, or contract supplemental thereto, relating to disability benefits, or to additional benefits in the event of death by accident or accidental means. (d) No policy of group life insurance shall be delivered or issued for delivery in this state if it contains a provision which excludes or restricts liability for death occurring while the insured is a service member of the regular or reserve component of the armed forces of the United States and such death is not a result, directly or indirectly, of war, declared or undeclared, or any act or hazard of such war. (e) Nothing contained in this Code section shall prohibit any provision which in the opinion of the Commissioner is more favorable to the policyholder than a provision permitted by this Code section."

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SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or becomes law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 9, 2025.

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STATE GOVERNMENT GEORGIA LOTTERY FOR EDUCATION ACT; CORRECT A REFERENCE.

No. 76 (House Bill No. 74).

AN ACT

To amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Lottery for Education Act," so as to correct a reference; to provide for the application of the provisions of the Georgia Administrative Procedure Act to certain provisions of the Code relating to bona fide coin operated amusement machines; to provide for exemptions from the Georgia Administrative Procedure Act regarding the Georgia Lottery Corporation for certain matters not related to bona fide coin operated amusement machines; 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 27 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Lottery for Education Act," is amended by revising paragraph (19) of subsection (a) of Code Section 50-27-9, relating to general powers of the Georgia Lottery Corporation, as follows:
"(19) To adopt and amend such regulations, policies, and procedures as necessary to carry out and implement its powers and duties, organize and operate the corporation, regulate the conduct of lottery games in general, and any other matters necessary or desirable for the efficient and effective operation of the lottery or the convenience of the public. The promulgation of any such regulations, policies, and procedures pursuant to this article and Article 2 of this chapter shall be exempt from the requirements of Chapter 13 of this title, the 'Georgia Administrative Procedure Act.' Notwithstanding any other provision of law to the contrary, (1) the promulgation of any form of licensure, rules, regulations, policies, or procedures under Article 3 of this chapter, and (2) all

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administrative hearings regarding Article 3 of this chapter, except as otherwise specifically provided by law, shall be subject to and governed by the provisions of Chapter 13 of this title. Hearings under Code Section 50-27-102 shall be held in accordance with the provisions of Part 1 of Article 1 of Chapter 9 of Title 9, the 'Georgia Arbitration Code.' "

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 May 9, 2025.

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REVENUE AND TAXATION INTANGIBLE RECORDING TAX; REVISE NOTES.

No. 77 (House Bill No. 586).

AN ACT

To amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible recording tax, so as to revise the notes for which such tax is imposed; to provide for procedures; to revise definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible recording tax, is amended in Code Section 48-6-60, relating to definitions, by revising paragraph (3) and by repealing paragraph (4) as follows:
"(3) 'Long-term note secured by real estate' means any note representing credits secured by real estate by means of mortgages, deeds to secure debt, purchase money deeds to secure debt, bonds for title, or any other form of security instrument, when any part of the principal of the note falls due more than 62 months from the date of the note or from the date of any instrument executed to secure the note and conveying or creating a lien or encumbrance on real estate for such purpose."

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SECTION 2. Said article is further amended by revising Code Section 48-6-66, relating to showing correct amount and due date on instruments conveying, encumbering, or creating a lien upon real estate, as follows:
"48-6-66. Every instrument conveying, encumbering, or creating a lien upon real estate shall set forth in words and figures the correct amount of the note secured by the instrument and the date upon which the note falls due. When the note falls due within 62 months from the date of the note or from the date of any instrument executed to secure the note, a statement of that fact in lieu of specifying the date upon which the note falls due may be made in the security instrument and shall constitute sufficient compliance with this Code section. The inclusion in the instrument of a provision that the instrument secures all other indebtedness then existing or thereafter incurred shall not require the setting forth in the instrument of existing indebtedness for loans not made on the security of the instrument."

SECTION 3. Said article is further amended by revising Code Section 48-6-68, relating to bond for title in absence of security deed and recording and tax, as follows:
"48-6-68. Any seller of real estate who retains title to the real estate as security for the purchase price and who does not convey title to the purchaser or take back a deed to secure debt shall execute and deliver to the purchaser a bond for title which shall correctly set forth the unpaid portion of the purchase price and the maturity of the indebtedness. If any part of the purchase price falls due more than 62 months from the date of the instrument, the seller shall have the instrument recorded before delivery of the bond for title in the county where the land is located and shall pay the tax required by this article for the recording of the instrument."

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 9, 2025.

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REVENUE AND TAXATION INCREASE MAXIMUM ACREAGE TO QUALIFY FOR ASSESSMENT AND TAXATION AS A BONA FIDE CONSERVATION USE PROPERTY.

No. 78 (House Bill No. 90).

AN ACT

To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to preferential assessment for bona fide conservation use property and bona fide residential transitional property, so as to increase the maximum acreage to qualify for assessment and taxation as a bona fide conservation use property; to provide for related matters; to provide for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to preferential assessment for bona fide conservation use property and bona fide residential transitional property, is amended by revising the introductory language of paragraph (1) of subsection (a), division (a)(1)(A.1)(ii), the introductory language of paragraph (2) of subsection (a), paragraph (3) of subsection (b), and subsections (e) and (r) as follows:
"(a) For purposes of this article, the term 'bona fide conservation use property' means property described in and meeting the requirements of paragraph (1) or (2) of this subsection, as follows:
(1) Not more than 4,000 acres of tangible real property of a single person, the primary purpose of which is any good faith production, including but not limited to subsistence farming or commercial production, from or on the land of agricultural products or timber, subject to the following qualifications:
(A) Such property includes the value of tangible property permanently affixed to the real property which is directly connected to such owner's production of agricultural products or timber and which is devoted to the storage and processing of such agricultural products or timber from or on such real property; (A.1) In the application of the limitation contained in the introductory language of this paragraph, the following rules shall apply to determine beneficial interests in bona fide conservation use property held in a family owned farm entity as described in division (1)(C)(iv) of this subsection:
(i) A person who owns an interest in a family owned farm entity as described in division (1)(C)(iv) of this subsection shall be considered to own only the percent of the bona fide conservation use property held by such family owned farm entity that

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is equal to the percent interest owned by such person in such family owned farm entity; and (ii) A person who owns an interest in a family owned farm entity as described in division (1)(C)(iv) of this subsection may elect to allocate the lesser of any unused portion of such person's 4,000 acre limitation or the product of such person's percent interest in the family owned farm entity times the total number of acres owned by the family owned farm entity subject to such bona fide conservation use assessment, with the result that the family owned farm entity may receive bona fide conservation use assessment on more than 4,000 acres;" "(2) Not more than 4,000 acres of tangible real property, excluding the value of any improvements thereon, of a single owner of the types of environmentally sensitive property specified in this paragraph and certified as such by the Department of Natural Resources, if the primary use of such property is its maintenance in its natural condition or controlling or abating pollution of surface or ground waters of this state by storm-water runoff or otherwise enhancing the water quality of surface or ground waters of this state and if such owner meets the qualifications of subparagraph (C) of paragraph (1) of this subsection, subject to the following qualifications:" "(3) No property shall qualify as bona fide conservation use property if such current use assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership, receiving in any tax year any benefit of current use assessment as to more than 4,000 acres. If any taxpayer has any beneficial interest in more than 4,000 acres of tangible real property which is devoted to bona fide conservation uses, such taxpayer shall apply for current use assessment only as to 4,000 acres of such land;" "(e) A single owner shall be authorized to enter into more than one covenant under this Code section for bona fide conservation use property, provided that the aggregate number of acres of qualified property of such owner to be entered into such covenants does not exceed 4,000 acres. Any such qualified property may include a tract or tracts of land which are located in more than one county. A single owner shall be authorized to enter qualified property in a covenant for bona fide conservation use purposes and to enter simultaneously the residence located on such property in a covenant for bona fide residential transitional use if the qualifications for each such covenant are met. A single owner shall be authorized to enter qualified property in a covenant for bona fide conservation use purposes and to enter other qualified property of such owner in a covenant for bona fide residential transitional use." "(r) Property which is subject to current use assessment under this Code section shall be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to current use assessment under this Code section. Covenants shall be public records and shall be indexed and maintained in such manner as will allow members of the public to locate readily the covenant affecting any particular

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property subject to current use assessment under this Code section. Based on information submitted by the county boards of tax assessors, the commissioner shall maintain a central registry of conservation use property, indexed by owners, so as to ensure that the 4,000 acre limitations of this Code section are complied with on a state-wide basis."

SECTION 2. This Act shall become effective on January 1, 2027, only if an amendment to the Constitution increasing the maximum acreage to qualify for assessment and taxation as a bona fide conservation use property is ratified by the voters at the November, 2026, state-wide general election. If such an amendment is not so ratified, then this Act shall not become effective and shall stand repealed on January 1, 2027.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 9, 2025.

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PROFESSIONS AND BUSINESSES TELEDENTISTRY; REGULATION; INSURANCE COVERAGE.

No. 79 (House Bill No. 567).

AN ACT

To amend Article 2 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for the practice of dentistry, so as to authorize and regulate teledentistry by licensed dentists in this state; to provide for definitions; to provide for exemptions and conditions; to provide for authorized practices; to provide for a referred dentist; to provide for ownership of documents; to provide for a limited number of dental hygienists to perform teledentistry under certain conditions; to provide for rules and regulations; to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, so as to allow for coverage of dental services provided through teledentistry; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 2 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for the practice of dentistry, is amended by adding a new Code section to read as follows:
"43-11-54. (a) As used in this Code section, the term:
(1) 'Authorizing dentist' means a dentist licensed by and in good standing with the board and practicing in the State of Georgia. (2) 'Dental hygienist' means a licensed dental hygienist in good standing with the board who meets the requirements to perform the specific dental hygiene functions permitted under general supervision under Code Section 43-11-74. (3) 'Digital scan' means a computer generated replica of the hard and soft tissues of the oral cavity created with digital technology and enhanced digital photography. (4) 'Direct supervision' shall have the same meaning as set forth in Code Section 43-l1-74. (5) 'General supervision' shall have the same meaning as set forth in Code Section 43-11-74. (6) 'Referred dentist' means a dentist licensed by and in good standing with the board practicing in this state to provide in-person dental treatment to patients receiving dental care through a teledentistry interaction under this Code section. (7) 'Store and forward technologies' means technologies that allow for the electronic transmission of dental and health information, including images, photographs, documents, and health histories, through a secure communication system. (8) 'Synchronous, real-time communication' means a live, two-way interaction between the authorizing dentist and a dental hygienist or patient permitted under this Code section using audiovisual telecommunications technology but shall not constitute direct supervision for the purposes of Code Section 43-l1-74 and the practice of dentistry in this state. (9) 'Teledentistry' means the delivery of dental care through the use of synchronous, real-time communication in conjunction with and supported by store and forward technologies under the general supervision of the authorizing dentist when dental care is provided to a patient physically located at a site in this state that is different from the site where the authorizing dentist is physically located. A teledentistry interaction shall not constitute or be considered the equivalent of an in-person, clinical examination by a licensed dentist. (b) No licensed dentist in this state shall provide dental care through teledentistry except under the conditions specified in this Code section. (c) A licensed dentist who intends to provide dental care through teledentistry pursuant to this Code section shall notify the board of such intent and provide written documentation evidencing that such dentist has: (1) A physical office for the provision of dental services in this state; and

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(2) Established a referral relationship with a referred dentist who practices dentistry and treats patients in a physical and operational dental office located in this state. Such dentist shall provide other reasonably pertinent information as prescribed by the board. (d) Subject to the conditions specified in subsection (e) of this Code section, an authorizing dentist shall only be allowed to: (1) Authorize a dental hygienist to perform the specific dental hygiene functions permitted under general supervision in accordance with the requirements of Code Section 43-11-74, except as otherwise provided in paragraph (1) of subsection (e) of this Code section; (2) Prescribe a medication that is not a controlled substance for a patient receiving dental care through a teledentistry interaction; (3) Authorize the performance of digital scans by a dentist or dental hygienist; (4) Authorize the use of store and forward technologies to transmit patient records, images, digital scans, X-rays, and other relevant health information between the authorizing dentist and a dental hygienist for the purposes of evaluating a patient's oral health condition and authorizing the performance of dental care permitted under this Code section. The authorizing dentist shall be the custodian of all patient records for the purposes of this Code section unless the patient is treated by a referred dentist. In such instance, the referred dentist shall be the custodian of the patient's records associated with the dental care the referred dentist provides to the patient, and such referred dentist shall furnish copies of these records to the authorizing dentist; (5) Provide consultation to another provider regarding the patient's care; and (6) Provide the following teledentistry services that are appropriately delivered without an in-person clinical examination:
(A) Emergency evaluation; (B) Rendering second opinions; and (C) Assessment, diagnosis, consultation, treatment, and monitoring of a patient. Teledentistry services described in this paragraph do not include orthodontics, delivering of dental appliances, or the supervision of a dental hygienist. (e) Authorizing and referring dentists as well as those acting under their supervision shall be subject to the following conditions when providing dental care through teledentistry as authorized in subsection (d) of this Code section: (1) Teledentistry services shall be consistent with how dental treatment is provided in person and shall adhere to the standards of appropriate patient care required in other dental care settings, including, but not limited to, appropriate patient examination, the taking and review of X-rays, and review of a patient's medical and dental history; (2)(A) Initial consultations with new patients may be conducted via teledentistry, provided that the authorizing dentist establishes a bona fide dentist-patient relationship by reviewing the patient's medical and dental history and verifying the patient's identity and physical location to ensure the patient is physically located in this state when dental

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care is provided and shall obtain the requisite consent from a parent or guardian if the patient is a minor. (B) An in-person clinical examination shall be performed immediately prior to providing or authorizing services or treatments to patients that are not reversible or that otherwise result in increased risk to the patient. For ongoing dentist-patient relationships, dentists shall strongly encourage patients to be seen in person at least annually. (3) The authorizing dentist shall prepare a written authorization, which shall be given to the patient and included in the patient's record, providing the name and license number of the authorizing dentist and the name and license number of the dental hygienist treating the patient during the teledentistry interaction, as well as any other information the authorizing dentist or board deems appropriate; (4) Prior to first performing teledentistry services, and at least annually thereafter, informed consent shall be obtained from the patient, or from the parent or guardian if the patient is a minor, explaining the alternatives to and the capabilities and limitations of teledentistry, which shall include a written statement advising that a teledentistry interaction is not equivalent to an in-person clinical examination and that the authorizing dentist shall not be physically present during the delivery of dental care. Such informed consent shall also be documented and included in the patient's record; (5) The authorizing dentist shall provide dental services through teledentistry only if such dental services are appropriate for the patient, as determined by such authorizing dentist; (6)(A) The authorizing dentist shall provide the name, license number, office mailing address, and office phone number of the referred dentist to the patient after each teledentistry interaction. (B) The referred dentist shall accept a referral to treat all dental emergencies and provide all necessary dental care, as determined by and in consultation with the authorizing dentist. (7)(A) An authorizing dentist may only authorize up to four dental hygienists to perform the functions permitted in subsection (d) of this Code section at any one time. This requirement shall not apply to the performance of dental hygiene duties by personnel of the Department of Public Health or county boards of health. (B) A dental hygienist performing the functions permitted in subsection (d) of this Code section via teledentistry shall have at least two years of experience in the practice of dental hygiene, shall be in compliance with continuing education requirements pursuant to Code Section 43-11-73.1 and cardiopulmonary resuscitation certification requirements contained in Code Section 43-11-73, and shall be licensed in good standing. (C) A dental hygienist practicing under general supervision via teledentistry pursuant to this Code section shall maintain professional liability insurance in accordance with

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board rules and regulations; provided, however, that this subparagraph shall not apply to an entity covered under sovereign immunity; (8) No authorizing dentist or dental hygienist shall attempt to waive liability for teledentistry services in advance of delivering such services, and no authorizing dentist or dental hygienist shall attempt to prevent a patient from filing any complaint with any governmental agency or authority relating to the provision of dental care through teledentistry; and (9) The authorizing dentist shall ensure that the use of teledentistry complies with the privacy and security requirements of the federal Health Insurance Portability and Accountability Act of 1996, in effect on January 1, 2025, as well as those of Chapter 33 of Title 31. (f) Nothing in this Code section shall be construed to: (1) Require a licensed dentist in this state to practice teledentistry; (2) Require a licensed dentist to authorize a dental hygienist to perform the functions permitted in this Code section via teledentistry; (3) Require a school or facility receiving dental hygiene services provided pursuant to subsection (h) or (i) of Code Section 43-ll-74 to purchase any equipment to provide dental care through teledentistry; or (4) Expand the scope of practice for dental hygienists or establish independent dental hygiene practice. (g) The board shall promulgate rules and regulations that are reasonably necessary to implement the provisions of this Code section."

SECTION 2. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, is amended by revising Code Section 33-24-59.15 as follows:
"33-24-59.15. (a) As used in this Code section:
(1) 'Care management organization' shall have the same meaning as set forth in Code Section 33-21A-2. (2) 'Covered dental services' means dental care services for which a reimbursement is available under a covered person's dental benefit plan, or for which a reimbursement would be available but for the application of contractual limitations such as deductibles, copayments, coinsurance, waiting periods, annual or lifetime maximums, frequency limitations, alternative benefit payments, or any other limitation. (3) 'Covered person' means any subscriber, enrollee, member, beneficiary, or participant, or his or her dependent, for whom benefits are payable when that covered person receives dental care services rendered or authorized by a dentist licensed under Chapter 11 of Title 43.

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(4) 'Dental benefit plan' means any individual or group plan, policy, contract, or subscription agreement which includes or is for dental care services that is issued, delivered, issued for delivery, or renewed in this state whether by a healthcare insurer, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, healthcare plan, or any other person, firm, corporation, joint venture, or other similar business entity that pays for, purchases, or furnishes dental care services to patients, insureds, beneficiaries, or covered dependents in this state. (5) 'Dental insurer' means any person, firm, corporation, joint venture, or other similar business entity that offers dental benefit plans in consideration of periodic payments. (b) No contract between a dental insurer and a dentist shall require a dentist to accept an amount set by the dental insurer as payment for dental care services that are not covered dental services under the covered person's dental benefit plan. (c) A dental insurer or other person or entity providing third-party administrator services shall not make available any providers in its dentist network to a plan that sets dental fees for any services except covered services. (d) A dental insurer shall not draft, publish, disseminate, or circulate explanation of benefit forms that include language which directly or indirectly implies that a dentist may or should extend discounts to patients for noncovered dental services. Statements by a dental insurer which are prohibited by this Code section include but are not limited to, 'Our members value the services you provide and we encourage you to continue extending the discount on noncovered services. (e) Any dental benefit plan issued, amended, or renewed on or after January 1, 2026, between a dental insurer, contracted vendor thereof, or a care management organization and a healthcare provider for the provision of healthcare services to a plan enrollee may provide coverage for the cost of dental care provided through teledentistry as directed through regulations promulgated by the Commissioner. (f) A dental insurer, contracted vendor thereof, or care management organization shall not: (1) Exclude a service appropriately provided through teledentistry from coverage solely because the service is provided through teledentistry and is not provided through in-person consultation or contact between an authorizing dentist and a patient; or (2) Require its insureds to receive dental care through teledentistry in lieu of an in-person, clinical examination."

SECTION 3. This Act shall become effective on January 1, 2026.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 9, 2025.

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REVENUE AND TAXATION SALES AND USE TAX; MAINTENANCE AND REPLACEMENT PARTS FOR CERTAIN MACHINERY USED TO MIX OR TRANSPORT CONCRETE; EXTEND EXEMPTION SUNSET DATE.

No. 80 (House Bill No. 153).

AN ACT

To amend Code Section 48-8-3.2 of the Official Code of Georgia Annotated, relating to sales and use tax exemptions for manufacturing equipment, industrial materials, packing supplies, and energy, so as to extend the sunset date for an exemption for maintenance and replacement parts for certain machinery or equipment used to mix or transport concrete; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-8-3.2 of the Official Code of Georgia Annotated, relating to sales and use tax exemptions for manufacturing equipment, industrial materials, packing supplies, and energy, is amended by revising paragraph (12) of subsection (e), as follows:
"(12) For the period commencing on July 1, 2021, and ending on June 30, 2031, maintenance and replacement parts for machinery or equipment, stationary or in transit, used to mix, agitate, and transport freshly mixed concrete in a plastic and unhardened state, including but not limited to mixers and components, engines and components, interior and exterior operational controls and components, hydraulics and components, all structural components, and all safety components, provided that sales and use taxes on motor fuel used as energy in a concrete mixer truck shall not be exempt or refundable; and"

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 9, 2025.

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ANIMALS PROHIBIT TRANSFER OF CERTAIN DOMESTIC ANIMALS AT CERTAIN LOCATIONS.

No. 81 (House Bill No. 331).

AN ACT

To amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions regarding animal protection, so as to prohibit the transfer of certain domestic animals at certain locations; to provide for exceptions; to provide for enforcement; to provide for penalties; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions regarding animal protection, is amended by adding a new Code section to read as follows:
"4-11-10.1. (a) For purposes of this Code section, the term:
(1) 'Consideration' means anything of value, including, but not limited to, cash, credit, electronic payment, services, or any type of property or interest in property. A transaction shall be deemed to be 'for consideration' if it occurs in connection with any payment of consideration or other commercial transaction, including, but not limited to, a sale, adoption, rehoming, lease, trade, exchange, swap, or barter transaction. (2) 'Transfer' means a transaction in which for consideration a dog, cat, or domestic rabbit, or any interest in any such animal, is exchanged, offered to be exchanged, or advertised for a commercial purpose. (b) It shall be unlawful for any person to engage in the transfer of any dog, cat, or domestic rabbit at any roadside, public right of way, parkway, median, public or commercial parking lot or sidewalk, park, recreation area, fair, transient or seasonal flea market, or a similar transient market or outdoor location, regardless of whether such activity is otherwise authorized by any person or entity. (c) This Code section shall not apply to: (1) The transfer of any dog, cat, or domestic rabbit by a person or entity that has and produces upon request, whether in paper, electronic, or other form, a valid animal shelter license issued by the department; (2) Any transfer that takes place at a residence or inside of a veterinarian's office or other business establishment;

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(3) The transfer of any dog, cat, or domestic rabbit by a paid entrant as part of an event or show sanctioned by a national breed club or association, 4-H program, or similar agricultural exhibition; or (4) The prearranged transfer between a dog, cat, or domestic rabbit seller and a specific purchaser that takes place at a police department, sheriff's office, or other similar law enforcement facility during daylight hours, unless otherwise prohibited. (d) An animal control officer who is an employee of state or local government or any sheriff, deputy sheriff, or other peace officer is authorized to enforce the provisions of this Code section and to impound any animal subject to a transfer in violation of this Code section. (e) A person found guilty of violating this Code section shall be subject to a fine not to exceed: (1) For the first offense, $100.00; (2) For the second offense, $250.00; and (3) For a third or subsequent offense, $500.00."

SECTION 2. Said article is further amended by revising Code Section 4-11-16, relating to penalties, as follows:
"4-11-16. (a) Except as otherwise provided in Code Section 4-11-10.1, 16-12-4, or 16-12-37, any person violating any of the provisions of this article shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-10-3; provided, however, that, if such offense is committed by a corporation, such corporation shall be punished by a fine not to exceed $1,000.00 for each such violation, community service of not less than 200 hours nor more than 500 hours, or both. (b) Each violation of this article shall constitute a separate offense."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 9, 2025.

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PROFESSIONS AND BUSINESSES FUNERAL DIRECTORS; ORGANIC HUMAN REDUCTION AS A MEANS OF DISPOSING
OF DECEASED HUMAN BODIES; PROVIDE.

No. 82 (Senate Bill No. 241).

AN ACT

To amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and establishments, embalmers, and crematories, so as to provide for the organic human reduction as a means of disposing of deceased human bodies; to provide identification requirements for deceased human bodies that are to undergo organic human reduction; to require the licensure of organic human reduction facilities; to provide exceptions; to provide for requirements of organic human reduction facilities; to provide for requirements of organic human reduction; to provide for the disposition of unclaimed organically reduced remains; to provide definitions; to amend Titles 10, 31, and 36 of the Official Code of Georgia Annotated, relating to commerce and trade, health, and local government, respectively, so as to require a disposition permit for the organic human reduction of a dead human body or fetus; to provide for the burial at sea of organically reduced remains; to provide for the notification that organically reduced remains are ready for disposition; to provide that the disposition of organically reduced remains shall not constitute the offense of abandonment of a dead human body; to provide conforming changes; 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:

PART I SECTION 1-1.

Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and establishments, embalmers, and crematories, is amended by revising Code Section 43-18-1, relating to definitions, as follows:
"43-18-1. As used in this article, the term:
(1) 'Alternative container' means any receptacle or enclosure which is of sufficient strength to be used to hold and to transport a dead human body. Such term does not include a casket. (2) 'Apprentice' means a person who practices embalming, funeral directing, or both, under the direct supervision of a funeral director, embalmer, or both, in this state. (3) 'Board' means the State Board of Funeral Service.

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(4) 'Casket' means a container which is designed for the encasement and viewing of a dead human body. (5) 'Cremation' means the reduction of the dead human body to residue by intense heat or any mechanical, chemical, thermal, or other professionally accepted process. Such term also includes any other mechanical, chemical, thermal, or other professionally accepted process whereby dead human bodies are pulverized, burned, recremated, or otherwise further reduced in size or quantity. Such term does not include organic human reduction. (5.1) 'Cremation device' means a retort, vat, or container in which dead human bodies are cremated by traditional flame, alkaline hydrolysis, or other means approved by the board. (6) 'Crematory' means any place where cremation is performed, other than a hospital, clinic, laboratory, or other facility authorized by the Department of Community Health for such purposes. (7) 'Direct supervision' means that the embalmer, funeral director, or both, are present and overseeing the activities of the apprentice. (8) 'Embalmer' means a person who practices embalming or uses in connection with such person's name the words 'embalmer,' 'licensed embalmer,' 'undertaker,' or 'mortician' or offers or holds himself or herself out as offering such services. (9) 'Final disposition' means the final disposal of a dead human body whether it is by, but not limited to, earth interment, above-ground interment, cremation, organic human reduction, burial at sea, or delivery to a medical institution for lawful dissection if such medical institution assumes responsibility for disposal. (10) 'Funeral' or 'funeral services' means the observances, services, or ceremonies held for dead human bodies and includes any service relating to the transportation, embalming, cremation, organic human reduction, and interment of a dead human body. (11) 'Funeral director' means a person who practices funeral directing or uses in connection with such person's name or with a picture of such person the words 'funeral director,' 'licensed funeral director,' 'undertaker,' or 'mortician' or offers or holds himself or herself out as offering such services. (12) 'Funeral director in full and continuous charge' means a funeral director who is approved by the board to assume full responsibility for the operations of a particular funeral establishment, organic human reduction facility, or crematory and who shall ensure that such establishment complies with the provisions of this article and with all rules promulgated pursuant to this article. (13) 'Funeral establishment' means a place where embalming or funeral directing is practiced and which is open to the public and transacting business relating to funeral services. (14) 'Funeral merchandise' means the goods that may only be sold or offered for sale by a funeral director working in a funeral establishment, organic human reduction facility,

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or crematory and includes, but is not limited to, a casket or alternative container, but does not include an outer burial container or cemetery marker. (15) 'Funeral service contract' means a written or oral agreement between a funeral director or funeral establishment, organic human reduction facility, or crematory and a legally authorized person for the embalming, funeral, or final disposition of a dead human body. (16) 'Legally authorized person' means the deceased's surviving spouse, a son or daughter who is 18 years of age or older; the deceased's parent, a brother or sister who is 18 years of age or older; any other person who is 18 years of age or older and who is in the next degree of kinship to the deceased; the deceased's legal guardian or personal representative; or a public health officer. (16.1) 'Organic human reduction' means the contained, accelerated conversion of dead human bodies to soil. (16.2) 'Organic human reduction container' means a container in which organic human reduction occurs. (16.3) 'Organic human reduction facility' means a location where organic human reduction is performed. (16.4) 'Organically reduced remains' means the resulting residue of a dead human body that has undergone organic human reduction. (17) 'Outer burial container' means an enclosure into which a casket is placed, including, but not limited to, a vault made of concrete, steel, fiberglass, or copper; a sectional concrete enclosure; a crypt; or a wooden enclosure. (18) 'Practice of embalming' or 'embalming' means disinfecting or preserving or attempting to disinfect or preserve dead human bodies by replacing certain body fluids with preserving and disinfecting chemicals. (19) 'Practice of funeral directing' or 'funeral directing' means making or directing, at need or preneed, arrangements for the preparation and transportation of dead human bodies for final disposition and the supervision and direction of all funeral services. (20) 'Retort' means a furnace where dead human bodies are cremated. (21) 'Soliciting' means the making of any uninvited contact with another person by a funeral director or by a funeral director's agent, assistant, employer, or employee for the purpose of the sale of funeral services or merchandise. Such term shall not include any advertising which is directed to the public in general."

SECTION 1-2. Said chapter is further amended in Code Section 43-18-5, relating to unlawful acts and exemption, by revising subsections (b) and (d) as follows:
"(b) Any person, firm, or corporation that has control of a funeral establishment, organic human reduction facility, or crematory and fails to obtain licensure as required by this article, upon conviction thereof, may be fined not less than $100.00 nor more than $500.00 for each violation. Each day that the funeral establishment, organic human reduction

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facility, or crematory is operated in violation of this article shall be deemed to be a separate and distinct offense." "(d) It shall be unlawful for any person, firm, or corporation or any officer, agent, or employee of such person, firm, or corporation engaged in the practice of funeral directing or embalming to give or contract to give, either directly or indirectly, any reward, commission, compensation, or anything of value to any person, firm, or corporation for the purpose of or as an inducement to such person, firm, or corporation to persuade or induce any person to use or employ such person engaged in the practice of funeral directing or embalming in or about the provision of funeral services."

SECTION 1-3. Said chapter is further amended by revising Code Section 43-18-8, relating to identification of body or remains of deceased and affidavit required for cremated remains, as follows:
"43-18-8. (a)(1) The funeral director or person in charge of final disposition of a dead human body shall, prior to the interment, organic human reduction, or cremation of such dead human body, affix on the ankle or wrist of the deceased a tag of durable, noncorroding material permanently marked with the name of the deceased, the date of death, the social security number of the deceased, the county and state of death, and the serial number of any prosthesis removed from the dead human body by the funeral establishment, organic human reduction facility, or crematory. (2) No funeral director in charge of a crematory or organic human reduction facility shall permit any dead human body to be on the premises of the crematory or organic human reduction facility without the dead human body being identified as provided by this subsection, except when the body is placed in a cremation device or organic human reduction container; and the tag shall be removed from the body and kept in a regular location near the cremation device or organic human reduction container during cremation or the organic human reduction and thereafter placed atop the cremated or organically reduced remains on the inside of the vessel and any liner therein. The vessel containing cremated or organically reduced remains shall be plainly labeled on the outside so as to identify the deceased with the same information, excluding social security number, as is required to be on the tag inside the vessel and so as to identify the name of the person or firm to which such remains are to be delivered or released. (3) Tags and labels used for purposes of this subsection shall be in such standard forms as prescribed by the board. If the religious faith of the deceased prohibits such means of identification, alternative means of identification of the body may be used.
(b) A crematory or an organic human reduction facility may deliver or release cremated or organically reduced remains to a funeral establishment or a legally authorized person. The funeral director in charge of a crematory or an organic human reduction facility shall provide to the funeral establishment or legally authorized person to whom cremated or organically reduced remains are delivered or released, at the time of such delivery or

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release, an affidavit, on such standard form as prescribed by the board, signed and verified by such funeral director before a person authorized to administer oaths and attesting that the vessel contains substantially the remains of the deceased identified in accordance with subsection (a) of this Code section. (c) No funeral establishment shall accept or take delivery of any cremated or organically reduced remains from any crematory or organic human reduction facility unless the vessel containing such remains is labeled as required by paragraph (2) of subsection (a) of this Code section and is accompanied by the affidavit required by subsection (b) of this Code section, which vessel and affidavit shall be provided by the funeral establishment to a legally authorized person upon delivery or release of the cremated or organically reduced remains."

SECTION 1-4. Said chapter is further amended by revising Code Section 43-18-9, relating to disposition of veterans' cremated remains, as follows:
"43-18-9. (a) As used in this Code section, the term:
(1) 'Veteran' means a resident of this state who qualifies as a veteran under the rules of the United States Department of Veterans Affairs and who was discharged under conditions other than dishonorable. (2) 'Veterans' organization' means the Department of Veterans Service, the National Cemetery Administration's National Cemetery Scheduling Office, or any association or other entity organized for the benefit of veterans that has been recognized or chartered by the United States Congress, such as the American Legion, the Legion of Honor, the Patriot Guard, the Missing in America Project, and the Vietnam Veterans of America. (b) The funeral director shall make a reasonable effort to determine whether any dead human body submitted for final disposition by cremation or organic human reduction is that of a deceased veteran. (c) The funeral director shall, at the time the cremation or organic human reduction authorization form is signed: (1) Inquire as to whether the legally authorized person has information or belief as to whether the deceased is a veteran; and (2) Notify the legally authorized person of the responsibilities of the funeral director under this Code section. (d) If the funeral director is unable to determine with certainty whether the deceased was a veteran through an inquiry with the legally authorized person, then any veterans' organization shall be allowed access to all information available from the United States Department of Veterans Affairs regarding the deceased in the possession of the funeral director in charge of the crematory or organic human reduction facility so that any veterans' organization may attempt to determine whether the deceased is a veteran. If any veterans'

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organization that is allowed access to information pursuant to this Code section discovers that the deceased is a veteran, such veterans' organization shall notify the funeral director.
(e)(1) If the funeral director determines that the deceased is a veteran from information provided by the legally authorized person, any veterans' organization, or otherwise, then such funeral director shall immediately notify the legally authorized person of such finding and shall advise that the deceased person may be eligible to be interred at an appropriate veterans' cemetery. (2) If the funeral director determines that the deceased is a veteran from information provided by the legally authorized person, any veterans' organization, or otherwise, and the cremated or organically reduced remains are not claimed by a legally authorized person, then the funeral director shall hold any such cremated or organically reduced remains for at least 60 days. After 60 days, the funeral director shall send written notice to the legally authorized person who signed the cremation or organic human reduction authorization form requesting disposition instructions. If the funeral director does not receive a written response from the legally authorized person within 30 days of sending such written notice, then the funeral director shall contact a veterans' organization so that arrangements for the disposition of the cremated or organically reduced remains of the veteran may be made in a state or national veterans' cemetery. (f) Nothing in this Code section shall delay the authorized cremation or organic human reduction of a deceased's remains. (g)(1) A funeral director complying with this Code section shall be immune from any criminal or civil liability regarding:
(A) The determination of a deceased's status as a veteran; (B) The release of information relating to the determination of a deceased's status as a veteran; (C) The availability of interment or inurnment for a deceased veteran; or (D) The release of cremated or organically reduced remains to a veterans' cemetery. (2) A funeral director shall be immune from civil liability for any act or omission under this Code section except for willful or wanton misconduct. (h) A veterans' organization shall be immune from civil liability for any act or omission related to the disposition of cremated or organically reduced remains under this Code section except for willful or wanton misconduct."

SECTION 1-5. Said chapter is further amended in Code Section 43-18-22, relating to election of president of the State Board of Funeral Service, meetings, reimbursement of members, and conflicts of interest, by revising subsection (d) as follows:
"(d) No board inspector shall own, operate, or be employed by any funeral establishment, organic human reduction facility, or crematory, or perform any services on behalf thereof without prior approval by the board and the division director. The provisions of this

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subsection shall not prohibit any board member from acting as an inspector as authorized in this article."

SECTION 1-6. Said chapter is further amended by revising Code Section 43-18-46, relating to grounds for denial or revocation of license or registration and other discipline, as follows:
"43-18-46. In addition to the authority provided in Chapter 1 of this title, the board may refuse to grant a license to operate a funeral establishment, organic human reduction facility, or crematory or to practice embalming or funeral directing, may refuse to grant a registration to serve as an apprentice, or may revoke, suspend, fine, or otherwise discipline a licensee or registrant upon any of the following grounds:
(1) The employment of fraud or deception in applying for a license or registration or in passing the examination provided for in this article; (2) Issuance of a license or registration through error; (3) Conviction of a crime involving moral turpitude; (4) The practice of embalming or funeral directing under a false name or the impersonation of another embalmer, funeral director, or apprentice of a like or different name; (5) The making of a false statement or representation regarding the qualifications, training, or experience of any applicant; (6) The making of a misrepresentation of any kind regarding any funeral merchandise; (7) Directly or indirectly, by gifts or otherwise, committing the offense of buying business or paying a commission or making gifts, directly or indirectly, for the purpose of securing business to any physician or hospital, or to any institution where death occurs, or to any hospital superintendent, nurse, intern, or employee of any hospital, nursing home, or other institution where death occurs; or to any coroner or other government official; (8) Gross or willful malpractice or gross neglect in the practice of embalming or funeral directing; (9) Signing a death certificate as having embalmed or prepared a body for burial or preservation when in fact someone else performed such embalming or preparation; (10) Interfering, either directly or indirectly, with a licensed embalmer or funeral director having legal charge of a dead human body; (11) Using any statements that mislead or deceive the public including, but not limited to, false or misleading statements regarding a legal or cemetery requirement, funeral merchandise, funeral services, or in the operation of a funeral establishment, organic human reduction facility, or crematory; (12) Failing to fulfill the terms of a funeral service contract; (13) Disregarding a decedent's dignity, right to privacy, or right to confidentiality unless compelled by law to do otherwise;

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(14) Using profane, indecent, or obscene language in the presence of a dead human body, or within the immediate hearing of the family or relatives of a deceased, whose body has not yet been interred or otherwise disposed; (15) Failing to turn assigned benefits in excess of charges incurred over to the assignee of the deceased within ten working days of receipt of such assigned funds; (16) Refusing to surrender promptly the custody of a dead human body upon the express order of the person lawfully entitled to the custody; (17) Failing to have the charges rendered to be in compliance with those listed in the funeral establishment general price list, the casket price list, the outer burial container list, or the funeral service contract price list; (18) Aiding or abetting an unlicensed person to practice under this article; (19) Promoting or participating in a burial society, burial association, burial certificate plan, or burial membership plan; (20) Soliciting; (21) Presenting a false certification of work done by an apprentice or as an apprentice; (22) Willfully violating any state law or regulation; any law or regulation of the Federal Trade Commission, the Occupational Safety and Health Administration, the Department of Public Health, or the Environmental Protection Agency; or any municipal or county ordinance or regulation that affects the handling, custody, care, or transportation of dead human bodies, including, but not limited to, the disposal of equipment, residual fluids, or medical wastes; (23) Knowingly making any misleading, deceptive, untrue, or fraudulent representation in the practice of funeral directing or embalming or in any document connected to such practice; (24) Discriminating in the provision of services on the basis of race, creed, color, religion, gender, or national origin; (25) Failing to safeguard all personal properties obtained from dead human bodies and failing to dispose of same as directed by a legally authorized person; (26) Failing to refund moneys due as a result of overpayment by an insurance company or other third party; (27) Engaging in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public that materially affects the fitness of the licensee or registrant to practice in the funeral business, or is of a nature likely to jeopardize the interest of the general public that need not have resulted in actual injury to any person or be directly related to the practice of funeral directing or embalming but shows that the person has committed any act or omission which is indicative of bad moral character or untrustworthiness. Unprofessional conduct or practice shall also include any departure from or failure to conform to the minimal reasonable standards of acceptable and prevailing practice of funeral services; (28) Engaging in any practice whereby a person who is both a funeral director and a coroner or who is both a funeral director and a minister presents that person as a funeral

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director to a legally authorized person when death is imminent or after death occurs prior to when the legally authorized person selects a funeral director or funeral establishment, organic human reduction facility, or crematory which will handle the dead human body; (29) Practicing embalming or funeral directing or operating a funeral establishment, organic human reduction facility, or crematory prior to the board's having approved an application for licensure; or (30) Failing to satisfy the funeral director in full and continuous charge requirements as set out in Code Section 43-18-71 or the funeral establishment, crematory, or organic human reduction facility requirements as set out in Code Sections 43-18-70, 43-18-72, and 43-18-72.1, respectively."

SECTION 1-7. Said chapter is further amended in Code Section 43-18-70, relating to practice at licensed funeral establishment or crematory, facilities, and living quarters, by revising subsections (a) and (d) as follows:
"(a) No embalmer or funeral director shall engage in the practice of embalming or funeral directing at a funeral establishment, organic human reduction facility, or crematory which is not licensed by the board." "(d) If a funeral director resides in a funeral establishment to be accessible to the community for purposes of satisfying the requirements of funeral director in full and continuous charge, the living quarters in the funeral establishment shall include at a minimum furnished sleeping quarters, cooking, refrigerating, and bathing facilities."

SECTION 1-8. Said chapter is further amended in Code Section 43-18-71, relating to funeral establishments and crematories to be licensed and to employ licensed funeral director and display of name and license of funeral director, by revising subsection (a) as follows:
"(a) It shall be unlawful for any person, firm, corporation, or association to operate a funeral establishment, organic human reduction facility, or crematory engaged in the business of providing funeral services without first obtaining a license from the board in accordance with this article. The board shall not issue a license to any funeral establishment, organic human reduction facility, or crematory unless such funeral establishment, organic human reduction facility, or crematory shall employ the service of a funeral director licensed in accordance with this article, who shall be the funeral director in full and continuous charge of the establishment and who is a resident of this state. There shall be conspicuously displayed in each funeral establishment, organic human reduction facility, and crematory the name and license of the funeral director in full and continuous charge. A funeral director in full and continuous charge shall:
(1) Assume full responsibility for the supervision and operation of the funeral establishment, organic human reduction facility, or crematory for which that person has been designated as the funeral director in full and continuous charge;

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(2) Act as funeral director for only one funeral establishment, organic human reduction facility, or crematory; and (3) Spend a minimum of 40 hours per week in the employ and operation of the establishment and be accessible and available to the community."

SECTION 1-9. Said chapter is further amended by adding a new Code section to read as follows:
"43-18-72.1. (a)(1) It shall be unlawful for any person, firm, corporation, or association to operate an organic human reduction facility without first obtaining a separate license for such purpose from the board in accordance with this article. The organic human reduction facility shall be at a specific address or location and shall meet the following requirements and have the following minimum equipment, facilities, and personnel: (A) A room with seating for a minimum of 30 people in which funeral services may be conducted; (B) A display room containing an adequate supply of containers in which organically reduced remains are placed; (C) Rolling stock consisting of at least one operable motor hearse either owned or leased by said firm with current Georgia registration; (D) At least one operable organic human reduction container; (E) At least one operable processing station for grinding of organically reduced remains; (F) At least one church truck; and (G) Not be located within 1,000 feet of a residential subdivision platted and recorded in the office of the clerk of the superior court of a county in which such residential subdivision is located. (2)(A) The provisions of subparagraphs (A), (B), and (F) of paragraph (1) of this subsection shall not apply to organic human reduction facilities which provide organic human reduction services only to other funeral establishments. (B) The provision of paragraph (G) of paragraph (1) of this subsection shall only apply to the issuance or renewal of any license on or after July 1, 2025, for any stand-alone organic human reduction facility that was not in operation as of July 1, 2025. As used in this subparagraph, the term 'stand-alone organic human reduction facility' means an organic human reduction facility that is not located on or adjacent to a tract or parcel of land which contains a funeral establishment.
(b) The board may adopt and enforce such rules and regulations as may be reasonable and necessary to provide for the sanitary disposal of dead human bodies by organic human reduction and prevent the spread of disease and to protect the health, safety, and welfare of the people of this state. Such rules and regulations may include required inspections of any organic human reduction container by the manufacturer or other authorized repair company once every five years to ensure proper operations.

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(c) Application for licensure of an organic human reduction facility shall be made upon a form approved by the board and shall be accompanied by an application fee. No license shall be issued unless the organic human reduction facility meets all the requirements set forth by this Code section and by the board. (d) The board shall adopt rules requiring each organic human reduction facility to submit periodic reports to the board in a standard form which include the names of deceased persons whose bodies underwent organic human reduction at the facility and the types of organic human reduction containers used.
(e)(1) No more than one dead human body shall be placed in an organic human reduction container at one time unless written permission has been received from the person possessing legal responsibility for the final disposition of the dead human body. (2) Upon completion of the organic human reduction process, the organically reduced remains shall be pulverized until no single fragment is recognizable as skeletal tissue. Such pulverized remains shall then be transferred to a container or multiple containers, if so requested by the legally authorized person, and delivered to the legally authorized person or otherwise disposed of in accordance with the provisions of Code Section 43-18-80. (f) Nothing in this article shall require a funeral establishment or crematory for which a valid license to operate is in effect on July 1, 2025, to have a separate license to operate as an organic human reduction facility until on and after the renewal date of such license to operate a funeral establishment or crematory which first occurs after July 1, 2025, but such funeral establishment or crematory, if performing organic human reduction, shall comply with all the minimum equipment and facilities requirements and all other statutes, rules, and regulations relating to organic human reduction and organic human reduction facilities."

SECTION 1-10. Said chapter is further amended by revising Code Sections 43-18-73, 43-18-74, and 43-18-75, relating to renewal of licenses for the operation of funeral establishments and crematories and changes in ownership; transferability of licenses; and inspections, suspension or revocation of license, and other disciplinary actions, respectively, as follows:
"43-18-73. (a) Licenses for the operation of funeral establishments, organic human reduction facilities, and crematories shall expire biennially unless the owner or proprietor of a licensed funeral establishment, organic human reduction facility, or crematory applies to the board to renew the license prior to its expiration. The application shall show the name of the funeral establishment, organic human reduction facility, or crematory; the names and addresses of all owners or, if the owner is a corporation, the names and addresses of all officers and directors of the corporation; and the names of all licensed embalmers and funeral directors who own or are employed by such funeral establishment, organic human reduction facility, or crematory or are otherwise connected to such establishment, facility,

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or crematory, together with the date of issue and the license number of each registered embalmer and funeral director as required. If the renewal fee prescribed by the board has been paid and the funeral establishment, organic human reduction facility, or crematory meets all the other requirements provided for in this article, the board shall issue a license; otherwise it shall be unlawful for any funeral establishment, organic human reduction facility, or crematory to operate in this state. Nothing in this Code section shall be construed to require an organic human reduction facility or a crematory to employ an embalmer in order to be licensed. (b) Whenever there is a change in ownership of a funeral establishment, organic human reduction facility, or crematory, the board shall be notified within 15 days prior to the proposed change upon a form provided by the board.

43-18-74. Licenses for funeral establishments, organic human reduction facilities, or crematories shall be issued to such establishments, facilities, or crematories at their location at the time of issuance. Such license shall not be transferable to another location of any such establishment, facility, or crematory.

43-18-75. (a) The board shall provide for inspections from time to time, but not less frequently than annually, of the premises of funeral establishments, organic human reduction facilities, and crematories for purposes of ensuring compliance with the provisions of this article and any rules or regulations issued pursuant thereto, and every such establishment, facility, and crematory shall submit to such inspections. The board is authorized to contract with any one or more county boards of health, and each county board of health is authorized to contract with the board, for the provision of inspection services on behalf of the board for purposes of this subsection. (b) The license of any funeral establishment, organic human reduction facility, or crematory may be suspended, revoked, or put on probation, or fines may be imposed by the board if the evidence produced before it at a hearing indicates that the funeral establishment, organic human reduction facility, or crematory has violated any provisions of this article or any rules or regulations issued pursuant thereto. The board shall comply with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' in relation to such hearing. The licensee shall have the right to appeal any decision of the board in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"

SECTION 1-11. Said chapter is further amended by revising Code Sections 43-18-77, 43-18-78, 43-18-79, and 43-18-80, relating to funeral establishment or crematory temporarily without services of funeral director, temporary destruction of licensed funeral establishment or crematory and temporary location during grace period, death of license holder, and authorizing agent,

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statement specifying disposition of cremated remains, and shipment of remains, respectively, as follows:
"43-18-77. In the event that a funeral establishment, organic human reduction facility, or crematory is temporarily without the services of a funeral director in full and continuous charge, upon notice by the funeral establishment, organic human reduction facility, or crematory to the board within five days following the last day of service by such funeral director, the board shall grant the funeral establishment, organic human reduction facility, or crematory a 90 day grace period in which to have a funeral director in full and continuous charge approved by the board before any action may be taken by the board to revoke or terminate the funeral establishment's, organic human reduction facility's, or crematory's license. The board may, in its discretion, upon application by the funeral establishment, organic human reduction facility, or crematory, grant one additional 90 day grace period upon showing of good cause. Grace periods totaling not more than 180 days may be granted during any two-year period beginning the first day on which the grace period was granted. Failure to have a funeral director in full and continuous charge shall be grounds for the revocation or suspension of any license, after notice and hearing.

43-18-78. In the event any funeral establishment, organic human reduction facility, or crematory is temporarily destroyed by fire, flood, or other natural catastrophe, upon notice by the funeral establishment, organic human reduction facility, or crematory to the board within five days following the destruction, the board may grant the funeral establishment, organic human reduction facility, or crematory a 90 day grace period to use a board approved temporary location while reconstructing the destroyed location, provided the funeral establishment, organic human reduction facility, or crematory complies with all other provisions of this article and the rules of the board. The board may, in its discretion, upon application by the funeral establishment, organic human reduction facility, or crematory, grant additional 90 day grace periods upon showing of good cause.

43-18-79. No funeral establishment, organic human reduction facility, or crematory license shall terminate upon the death of the holder thereof but shall pass to the legal representative of the deceased or, if there is no legal representative, to the widow of the deceased who may continue to operate the establishment, facility, or crematory for the unexpired time of the license.

43-18-80. (a) As used in this Code section, the term 'authorizing agent' means a person legally entitled to authorize the organic human reduction or cremation of a dead human body.

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(b) The authorizing agent shall provide to the funeral establishment, organic human reduction facility, or crematory in which the organic human reduction or cremation arrangements are made a signed statement specifying the ultimate disposition of the organically reduced remains or cremated remains, if known. A copy of such statement shall be retained by the funeral establishment, organic human reduction facility, or crematory offering or conducting the organic human reduction or cremation. (c) Organically reduced remains or cremation remains shall be shipped only by a method that has an internal tracking system available and that provides a receipt signed by the person accepting delivery. (d) The authorizing agent shall be responsible for the disposition of the organically reduced remains or cremated remains. If, after 60 days from the date the organic human reduction is completed or the date of cremation, the authorizing agent or his or her representative has not specified the ultimate disposition or claimed the organically reduced or cremated remains, the funeral establishment, organic human reduction facility, crematory, or other entity in possession of the organically reduced remains or cremated remains shall send a notification to the authorizing agent notifying him or her that, pursuant to this subsection, failure to respond to such notification and specify the ultimate disposition of the organically reduced remains or cremated remains within 30 days of the transmission of such notice shall authorize the funeral establishment, organic human reduction facility, crematory, or other entity to make arrangements for the disposition of such remains. If, after 30 days, the funeral establishment, organic human reduction facility, crematory or entity in possession of the organically reduced remains or cremated remains has not received instructions from the authorizing agent describing a specific method of disposing of such remains, the funeral establishment, organic human reduction facility, crematory or entity in possession of such remains shall be authorized to dispose of the organically reduced remains or cremated remains in a dignified and humane manner by the entombment, internment, or scattering of such remains in accordance with local and state law or by storage in the funeral establishment, organic human reduction facility, crematory, or location of the entity in possession of the remains. The final resting place of the organically reduced remains or cremated remains shall be clearly marked, unless such remains are scattered, and recorded by the funeral establishment, organic human reduction facility, crematory, or entity that disposed of such remains. Any costs or fees incurred to entomb, inter, scatter, or disinter such remains shall be the responsibility of the authorizing agent; provided, however, that such cost shall not exceed $100.00."

PART II SECTION 2-1.

Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended in Code Section 10-14-3, relating to definitions relative to cemetery and funeral services, by revising paragraph (12) as follows:

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"(12) 'Cremation' includes any mechanical, chemical, thermal, or other professionally accepted process whereby a deceased human being is reduced to ashes. Such term also includes any other mechanical, chemical, thermal, or other professionally accepted process whereby dead human bodies are pulverized, burned, recremated, or otherwise further reduced in size or quantity, including organic human reduction as such term is defined in Code Section 43-18-1."

SECTION 2-2. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code 31-10-1, relating to definitions relative to vital records, by revising paragraph (6) and adding a new paragraph to read as follows:
"(6) 'Final disposition' means the burial, interment, cremation, removal from the state, or other authorized disposition of a dead body or fetus, including organic human reduction." "(11.1) 'Organic human reduction' shall have the same meaning as set forth in Code Section 43-18-1."

SECTION 2-3. Said title is further amended in Code 31-10-20, relating to permits for disposition, disinterment, and reinterment, by revising subsection (a) as follows:
"(a) The funeral director or person acting as such or other person that first assumes custody of a dead body or fetus shall obtain a disposition permit for the cremation or organic human reduction of such body or fetus or the removal of such body or fetus from the state. A disposition permit may be required within the state by local authorities."

SECTION 2-4. Said title is further amended in Code 31-10-28, relating to institutions to keep vital records, by revising subsection (c) as follows:
"(c) A funeral director, embalmer, sexton, or other person that removes from the place of death, transports, or makes final disposition of a dead body or fetus, in addition to filing any certificate or other report required by this chapter or regulations promulgated hereunder, shall keep a record which shall identify the body and such information pertaining to receipt, removal, delivery, or final disposition of such body as may be required by regulations adopted by the department."

SECTION 2-5. Said title is further amended by revising Code 31-21-4, relating to burial at sea of cremated remains, notification that cremated remains are ready for interment, and unclaimed cremated remains, as follows:

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"31-21-4. (a)(1) Cremated remains or organically reduced remains may be taken by boat from any harbor in this state, or by air, for burial at sea at a point not less than three miles from the nearest shoreline; provided, however, that such remains shall be removed from their container before such remains are buried at sea. (2) Any person that buries at sea, either from a boat or from the air, any cremated remains or organically reduced remains of a dead human body shall carry out the burial services within 50 days from the reduction of the dead human body to cremated remains or organically reduced remains and shall file with the local registrar of births, deaths, and other vital records in the county nearest the point where such remains were buried a verified statement containing the name of the deceased person, the time and place of death, the place at which the cremated remains or organically reduced remains were buried, and any other information that the local registrar may require. Burial services may be delayed until weather conditions improve if inclement weather prevents safe burial.
(b) Any person that requests that a dead human body be cremated or organically reduced shall provide the funeral establishment or other person responsible for the cremation or organic human reduction an address at which such person can be notified when the cremated remains or organically reduced remains are ready for interment or other ultimate disposition. Such notification shall be made by first-class mail to such person at the address provided. If the cremated remains or organically reduced remains are not claimed for interment or other disposition within 60 days from the date the notification is mailed, such remains may be disposed of in accordance with the provisions of Code Section 43-18-80."

SECTION 2-6. Said title is further amended in Code 31-21-44.1, relating to abuse of a dead body, by revising paragraph (1) of subsection (a) as follows:
"(a)(1) A person commits the offense of abuse of a dead human body if, prior to interment or other final disposition of a dead human body and except as otherwise authorized by law, such person willfully defaces such dead human body while the dead human body is lying in state or is prepared for burial, showing, cremation, or other final disposition whether in a funeral establishment, place of worship, home, or other facility or at a grave site. The lawful presence of the offender at a place where the dead human body is abused shall not be a defense to a prosecution under this Code section."

SECTION 2-7. Said title is further amended in Code 31-21-44.2, relating to throwing away or abandonment of dead bodies and punishment, by revising paragraph (2) of subsection (a) as follows:
"(2) It shall not be an offense under this subsection to make final disposition of a dead human body or portion of such dead human body under a death certificate issued under

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Chapter 10 of this title or the law of another jurisdiction by interment, entombment, inurnment, scattering of cremated remains or organically reduced remains, burial at sea, or any means otherwise authorized by law; nor shall it be an offense under this subsection for any law enforcement personnel, medical or medical laboratory personnel, hospital personnel, coroner or medical examiner, funeral director, embalmer, organic human reduction facility operator, crematory operator, or cemetery operator to perform those duties or acts relating to possession or disposition of a dead human body or portion of such dead human body which are otherwise imposed or authorized by law or lawful contract; nor shall use of a dead human body or portion of such dead human body at or by an accredited medical school, dental school, college, or university for education, research, or advancement of medical or dental science or therapy be an offense under this subsection."

SECTION 2-8. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising Code Section 36-12-5, relating to interment or cremation of deceased indigents, as follows:
"36-12-5. (a) Whenever any individual dies in this state and the decedent, his or her family, and his or her immediate kindred are indigent and unable to provide for the decedent's decent interment, cremation, or other final disposition, the governing authority of the county where the death occurred shall make available from county funds a sum sufficient to provide a decent interment, cremation, or other final disposition of the deceased indigent individual or to reimburse such individual's immediate kindred as may have expended the cost of such decent internment, cremation, or other final disposition voluntarily, the exact amount thereof to be determined by the governing authority of the county but shall not exceed the lesser of the actual costs of interment, cremation, or other final disposition. (b) The Department of Corrections is authorized to reimburse the governing authority of the county where expenditures have been made in accordance with this Code section for the burial, cremation, or other final disposition of any inmate under the authority, jurisdiction, or control of the Department of Corrections; provided, however, that in no case shall the governing authority of the county be entitled to reimbursement where the decedent was in the custody of a county correctional institution or other county correctional facility."

PART III SECTION 3-1.

This Act shall become effective on July 1, 2025.

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SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 9, 2025.

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HEALTH "GEORGIA TRANSPORTING LIFE-SAVING ORGANS AND PERSONNEL ACT"; ENACT.

No. 83 (Senate Bill No. 58).

AN ACT

To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide for the licensing and operation of emergency organ transport vehicles as ambulance services; to provide for license application; to provide for insurance coverage requirements; to require compliance with rules and regulations of the Department of Public Health by such vehicles; to exempt emergency organ transport vehicles from requirements relative to the Emergency Medical Systems Communications (EMSC) Program and a medical adviser; to provide for the operation of such vehicles on public roadways; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to exempt emergency organ transport vehicles from those vehicles required to obtain an emergency vehicle permit from the Department of Public Safety; to revise and provide for definitions; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Georgia Transporting Life-Saving Organs and Personnel Act."

SECTION 2. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended in Code Section 31-11-2, relating to definitions, by revising paragraph (4) and by adding a new paragraph to read as follows:
"(4) 'Ambulance service' means: (A) The providing of emergency care and transportation on the public streets and highways of this state for a wounded, injured, sick, invalid, or incapacitated human being to or from a place where medical or hospital care is furnished;

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(B) The provision of any air ambulance service; (C) The provision of transportation services on the public streets and highways of this state for the transport of necessary personnel, organs, tissue, or medical supplies to a time-critical organ transplant procedure; or (D) The provision of services specified in subparagraphs (A) and (B) of this paragraph." "(9.1) 'Emergency organ transplant vehicle' means a motor vehicle that is intended to be used for the transport of necessary personnel, organs, tissue, or medical supplies to a time-critical organ transplant procedure."

SECTION 3. Said chapter is further amended in Code Section 31-11-3, relating to recommendations by local coordinating entity as to administration of EMSC Program and hearing and appeal, by revising subsection (g) as follows:
"(g) This Code section shall not apply to air ambulances, air ambulance services, or emergency organ transport vehicles."

SECTION 4. Said chapter is further amended by revising Code Section 31-11-7, relating to exercise of emergency vehicle privileges by ambulance drivers, as follows:
"31-11-7. (a) The driver of an ambulance on the public streets, highways, and private access roads of this state, when responding to an emergency call or while transporting a patient, shall be authorized to operate the ambulance as an emergency vehicle pursuant to Code Section 40-6-6. (b) The driver of an emergency organ transport vehicle on the public streets, highways, and private access roads of this state, when transporting necessary personnel, organs, tissue, or medical supplies to a time-critical organ transplant procedure, shall be authorized to operate the emergency organ transport vehicle as an emergency vehicle pursuant to Code Section 40-6-6."

SECTION 5. Said chapter is further amended in Code Section 31-11-31, relating to application for license, by revising paragraphs (4.1) and (5) and by adding a new paragraph to read as follows:
"(5) A description or photograph of each air ambulance, including the color scheme, insignia, name, monogram, or other distinguishing characteristics, to be used to designate the applicant's air ambulance or air ambulances; (6) A description or photograph of each emergency organ transport vehicle, including the make, model, year of manufacture, and motor and chassis number; and the color scheme, insignia, name, monogram, or other distinguishing characteristics, to be used to

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designate the applicant's emergency organ transport vehicle or emergency organ transport vehicles; and (7) The location and description of the place or places from which the ambulance service is intended to operate."

SECTION 6. Said chapter is further amended by revising Code Section 31-11-33, relating to insurance coverage as condition of licensing, as follows:
"31-11-33. (a) Every ambulance and emergency organ transport vehicle operated on the streets, highways, and private access roads of this state by persons engaged in providing ambulance service shall have insurance coverage issued by an insurance company licensed to do business in this state providing at least the minimum coverage required for motor vehicles under Chapter 34 of Title 33; provided, however, that in the case of ambulances or emergency organ transport vehicles operated by the state, the coverage required shall be the same coverage required for other state vehicles under Chapter 9 of Title 45. Every air ambulance operated by persons engaged in providing air ambulance service in this state shall have insurance coverage as described in Code Section 33-7-9. (b) No ambulance or emergency organ transport vehicle shall be licensed nor shall any license be renewed unless the ambulance or emergency organ transport vehicle has insurance coverage in force as required by this Code section. A certificate of insurance shall be submitted to the license officer for approval prior to the issuance or renewal of each ambulance license and emergency organ transport vehicle license. Satisfactory evidence that such insurance is at all times in force and effect shall be furnished to the license officer, in such form as he or she may specify, by all licensees required to provide such insurance under this Code section. (c) This Code section shall apply to all ambulances and emergency organ transport vehicles, whether privately operated or operated by any political subdivision of the state or any municipality thereof. (d) This Code section shall not apply to first responders, which do not transport patients, operated by municipalities or counties that have not elected to waive their governmental immunity by purchasing vehicle liability insurance pursuant to Code Section 33-24-51."

SECTION 7. Said chapter is further amended by revising Code Section 31-11-34, relating to standards for ambulances, as follows:
"31-11-34. Ambulances and emergency organ transport vehicles operated by persons engaged in providing ambulance service shall meet all standards as set forth in the department's rules and regulations."

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SECTION 8. Said chapter is further amended in Code Section 31-11-50, relating to medical adviser, by revising subsection (c) as follows:
"(c) This Code section shall not apply to any ambulance service which solely provides transportation for necessary personnel, organs, tissue, or medical supplies to a time-critical organ transplant procedure by emergency organ transport vehicles or any county having a population under 12,000 according to the United States decennial census of 1970 or any such future census."

SECTION 9. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-1-1, relating to definitions, by revising paragraph (5) as follows:
"(5) 'Authorized emergency vehicle' means a motor vehicle belonging to a public utility corporation or operated by the Department of Transportation and designated as an emergency vehicle by the Department of Public Safety; a motor vehicle belonging to a fire department or a certified private vehicle belonging to a volunteer firefighter or a fire-fighting association, partnership, or corporation; an emergency organ transplant vehicle as such term is defined in Code Section 31-11-2; an ambulance; or a motor vehicle belonging to a federal, state, or local law enforcement agency, provided such vehicle is in use as an emergency vehicle by one authorized to use it for that purpose."

SECTION 10. Said title is further amended in Code Section 40-8-92, relating to designation of emergency vehicles, flashing or revolving lights, permits, fee, and use of flashing or revolving green lights on public property, by revising subsection (a) as follows:
"(a) The commissioner of public safety shall be authorized to designate certain motor vehicles as emergency vehicles. The commissioner of public safety shall so designate each vehicle by issuing to such vehicle a permit to operate flashing or revolving emergency lights of the appropriate color. Such permit shall be valid for five years from the date of issuance. Any and all officially marked law enforcement vehicles as specified in Code Section 40-8-91 shall not be required to have a permit for the use of a blue light. Any and all fire department vehicles which are distinctly marked on each side shall not be required to have a permit for the use of a red light. Any and all motor vehicles which are operated for ambulance services, as defined in Code Section 31-11-2, under a valid license from the Emergency Health Section of the Department of Public Health shall not be required to have a permit for the use of a red light."

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SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Approved May 9, 2025.

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GAME AND FISH AUTHORIZE FLUORESCENT PINK HUNTING OUTER GARMENTS.

No. 84 (House Bill No. 167).

AN ACT

To amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, so as to authorize fluorescent pink hunting outer garments; 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 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, is amended in Code Section 27-3-24, relating to restrictions on hunting feral hogs, by revising subsection (a) as follows:
"(a) It shall be unlawful to hunt, or engage in the hunting of, feral hogs: (1) Upon the lands of another or to enter upon the lands of another in pursuit of feral hogs without first obtaining permission from the landowner or lessee of such land or the lessee of the game rights of such land; (2) Upon any land which is posted without having the permission required by paragraph (1) of this subsection in writing and carried upon the person; or (3) During the firearms deer season unless the hunter and each person accompanying the hunter are wearing a total of at least 500 square inches of daylight fluorescent orange or fluorescent pink material as an outer garment and such material or garment is worn above the waistline, and may include a head covering."

SECTION 2. Said article is further amended by revising Code Section 27-3-25, relating to hunting bears and required outer garments, as follows:
"27-3-25. It shall be unlawful for any person to hunt bears or for any person to accompany another person hunting bears unless each person shall wear a total of at least 500 square inches of

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daylight fluorescent orange or fluorescent pink material as an outer garment during firearms and primitive weapons seasons. Such clothing must be worn above the waistline and may include a head covering."

SECTION 3. Said article is further amended by revising Code Section 27-3-40, relating to hunting deer and required clothing, as follows:
"27-3-40. It shall be unlawful for any person to hunt deer or for any person to accompany another person hunting deer during the firearms deer season unless each person shall wear a total of at least 500 square inches of daylight fluorescent orange or fluorescent pink material as an outer garment. Such clothing must be worn above the waistline and may include a head covering."

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 9, 2025.

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EDUCATION LOCAL SCHOOL SYSTEMS; CAPITAL OUTLAY FUNDING; MAXIMUM AUTHORIZATION LEVEL; ELEMENTARY SCHOOLS; PLAYGROUND DESIGN STANDARDS.

No. 85 (House Bill No. 371).

AN ACT

To amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," so as to provide for an increase of the state's maximum authorization of capital outlay funding from $300 million to $375 million annually; to require that for each new elementary school constructed on or after July 1, 2027, which includes a playground, such playground shall meet certain standards; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," is amended in Code Section 20-2-260, relating to capital outlay funds generally, by revising paragraph (1) of subsection (g) as follows:
"(g)(1) In order to determine a reasonable total funding level for the purposes stated in subsection (e) of this Code section and to establish a fair and equitable distribution of funds to local school systems, the State Board of Education shall annually determine a level of authorization. Starting with fiscal year 2027 applications for funds and for each fiscal year thereafter, the new authorization level may equal zero but shall not exceed $375 million, adjusted annually to reflect the changes in the current annual construction cost data maintained by the Department of Education pursuant to paragraph (4) of subsection (c) of this Code section. For purposes of deliberations with the Governor and the General Assembly regarding the amount of state funds to be appropriated, calculations shall be made for at least three levels below the $375 million maximum authorization, adjusted as specified in this paragraph."

SECTION 2. Said part is further amended in Code Section 20-2-261, relating to common minimum facility requirements, by revising subsection (a) as follows:
"(a) The State Board of Education shall establish common minimum facility requirements which each public school facility shall meet in order to be certified for use in any component of the educational or recreational program of such school. Such minimum requirements shall:
(1) Include such provisions of law or state board policy on matters that relate to: (A) Fire and physical safety; (B) Sanitation and health, including temperature and ventilation; (C) Minimum space, size, and configuration for the various components of the instructional program; and (D) Construction stability, quality, and suitability for intended uses;
(2) Not prohibit wood construction that is otherwise in compliance with state minimum standard codes as they existed on January 1, 2014; and (3) Provide that for each new elementary school constructed on or after July 1, 2027, which includes a playground, such playground shall meet the following design standards:
(A) Provides a sensory-diverse environment that enables children of all abilities to develop physically, socially, and emotionally; (B) Provides an engaging play space with age and ability-appropriate levels of challenge and offers opportunities for children of all abilities to succeed, regardless of physical and intellectual attributes; (C) Enables all students to benefit from state mandated recess time for elementary students;

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(D) Capable for use as an outdoor classroom that is open to all students; and (E) Meets the following minimum guidelines:
(i) Playground is accessible via a sidewalk or pathway from the school; (ii) Playground is a minimum of 10,000 square feet in area; (iii) Fencing surrounds and encloses the entire playground area; (iv) A minimum of 20 percent of the total playground area shall be shaded; provided, however, that such shaded area may comprise more than one area so long as the total shaded area meets or exceeds 20 percent of the total playground area; and, provided, further, that such shading may be provided by natural means, such as existing mature trees, or man-made means, such as sun canopies; (v) Unitary surfacing shall be used throughout at least 80 percent of the playground area. Examples of unitary surfacing include, but are not limited to, turf, bonded rubber, and poured in place rubber; and (vi) Multiple components that are installed on a portion of the playground with the unitary surfacing and are accessible for all users that address the physical, sensory, cognitive, social, emotional, imaginative, and communication needs of those who will visit the playground, such as:
(I) Communication boards; (II) Learning American Sign Language (ASL) alphabet panels; (III) Learning Braille alphabet panels; (IV) Roller slides; (V) Pieces of equipment that make music, such as chimes, drums, and bells; (VI) Adaptive or accessible swings; (VII) Play pieces that are accessible to a child remaining in a wheelchair that allows such child to play with other children; (VIII) Sensory panels; (IX) Wheelchair accessible raised structures; and (X) Wheelchair accessible slides."

SECTION 3. This Act shall become effective on July 1, 2025.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 9, 2025.

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STATE GOVERNMENT PROHIBIT THE STATE OR ITS AGENCIES FROM PURCHASING GOODS FROM CERTAIN FOREIGN COUNTRIES OR RELATED ENTITIES.

No. 86 (House Bill No. 113).

AN ACT

To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to prohibit the state or its agencies from purchasing goods from certain foreign countries or related entities; to provide for a list of such goods; to provide for penalties; to provide for definitions; to repeal provisions related to contracting with China; to provide for powers of the Georgia Technology Authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Part 1 of Article 3 of Chapter 5, relating to general authority, duties, and procedure, by revising Code Section 50-5-84.1, relating to contracting with companies owned by Russia or Belarus, as follows:
"50-5-84.1. (a) As used in this Code section, the term:
(1) 'Concerned goods' means goods, including component parts, services, and technology, produced by a foreign company of concern deemed by the Georgia Technology Authority to pose a security threat to this state or its residents. (2) 'Foreign company of concern' means a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit and is:
(A) Organized or incorporated in a foreign country of concern; (B) Owned or controlled by the government, a political subdivision, or a political party of a foreign country of concern; or (C) Has a principal place of business in a foreign country of concern. (3) 'Foreign country of concern' means a country whose government is designated as a foreign adversary by the United States Secretary of Commerce pursuant to 15 C.F.R. Section 791.4.

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(b) Pursuant to the authority provided in subparagraph (a)(27)(B) of Code Section 50-25-4, the Georgia Technology Authority shall maintain an up-to-date list of concerned goods produced by a foreign company of concern or a foreign country of concern. (c) The state or a state agency shall not purchase concerned goods from a foreign company of concern, a foreign country of concern, or a third-party vendor or reseller. (d) If a company of concern, directly or through a third-party vendor or reseller, sells concerned goods to the state or a state agency:
(1) The foreign company of concern or third-party vendor or reseller shall be liable for a civil penalty in an amount that is equal to the greater of $250,000.00 or triple the amount of the entire purchase value; (2) The state agency or the Department of Administrative Services shall terminate the contract with the foreign company of concern or third-party vendor or reseller; and (3) The foreign company of concern or third-party vendor or reseller shall be ineligible for an award of future state contracts for a period determined by the Georgia Technology Authority."

SECTION 2. Said title is further amended in said part by repealing Code Section 50-5-84.2, relating to contracting with companies owned by China.

SECTION 3. Said title is further amended in Chapter 25, relating to the Georgia Technology Authority, by revising paragraph (27) of subsection (a) of Code Section 50-25-4, relating to general powers, as follows:
"(27)(A) To establish and enforce standard specifications which shall apply to all technology and technology resource related supplies, materials, and equipment purchased or to be purchased for the use of the state government or any of its agencies, which specifications shall be based on and consistent with industry accepted open network architecture standards; and (B) To evaluate security risks associated with the purchase of technology-related goods and services made pursuant to Article 3 of Chapter 5 of this title and to determine to what extent the purchase of goods and services, in part or in whole, directly or indirectly, poses a potential security threat to this state or its residents;"

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 9, 2025.

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PROFESSIONS AND BUSINESSES ACCOUNTANTS; EDUCATION AND EXPERIENCE REQUIREMENTS; REVISE PROVISIONS.

No. 87 (House Bill No. 148).

AN ACT

To amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to revise provisions relating to the education and experience requirements of certified public accountants; to revise provisions relating to licensure of firms practicing public accountancy; to revise provisions relating to reciprocity; to conform terminology; to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budget and audits, so as to conform a cross-reference; 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:

PART I SECTION 1-1.

Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, is amended by revising Code Section 43-3-1, relating to short title, as follows:
"43-3-1. This chapter shall be known and may be cited as the 'Public Accountancy Act of 2025.'"

SECTION 1-2. Said chapter is further amended in Code Section 43-3-9, relating to requirements for certificate of certified public accountant and disclosure of commissions from sale of insurance or financial products, by revising subsection (b) as follows:
"(b) The certificate of certified public accountant shall be granted by the board to any individual:
(1) Who has attained the age of 18; (2) Who is, in the opinion of the board, of good moral character; (3) Who meets the requirements of education and experience described in any one of the following subparagraphs:
(A)(i) Presentation to the board of such evidence as it may require that the applicant has received a baccalaureate degree or completed the requirements therefor, conferred by a college or university accredited by a national or regional accrediting organization recognized by the board, by successfully completing at such college or university a program of study that consists of not fewer than 150 semester hours, or equivalent

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quarter credit hours, with a concentration in accounting or what the board determines to be comparable to an accounting concentration, or with a nonaccounting concentration supplemented by what the board determines to be comparable to an accounting concentration, including related courses in other areas of business administration; and (ii) One year of continuous experience in the accounting field relevant to the practice of public accountancy immediately preceding the date of application for the certificate or within a reasonable time prior to the date of such application as provided by the board by rule or regulation; provided, however, that the board may promulgate rules or regulations stating certain circumstances which shall constitute acceptable breaks in the continuity of such experience; provided, further, that the board may accept, in lieu of such year of experience in public accounting, evidence satisfactory to it of one year of continuous employment in the accounting field in industry, business, government, or college teaching; any combination of employment in such fields; or any combination of employment in such fields and the practice of public accountancy immediately preceding the date of application for the certificate or what the board determines to be the equivalent thereof; (B)(i) Presentation to the board of such evidence as it may require that the applicant has received a master's degree or completed the requirements therefor, conferred by a college or university accredited by a national or regional accrediting organization recognized by the board, with a concentration in accounting or taxation or what the board determines to be comparable to an accounting or taxation concentration, or with a nonaccounting concentration supplemented by what the board determines to be comparable to an accounting or taxation concentration, including related courses in other areas of business administration; and (ii) One year of continuous experience in the accounting field relevant to the practice of public accountancy immediately preceding the date of application for the certificate or within a reasonable time prior to the date of such application as provided by the board by rule or regulation; provided, however, that the board may promulgate rules or regulations stating certain circumstances which shall constitute acceptable breaks in the continuity of such experience; provided, further, that the board may accept, in lieu of such year of experience in public accounting, evidence satisfactory to it of one year of continuous employment in the accounting field in industry, business, government, or college teaching; any combination of employment in such fields; or any combination of employment in such fields and the practice of public accountancy immediately preceding the date of application for the certificate or what the board determines to be the equivalent thereof; or (C)(i) Presentation to the board of such evidence as it may require that the applicant has received a baccalaureate degree or completed the requirements therefor, conferred by a college or university accredited by a national or regional accrediting organization recognized by the board, with a concentration in accounting or what the board

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determines to be comparable to an accounting concentration, or with a nonaccounting concentration supplemented by what the board determines to be comparable to an accounting concentration, including related courses in other areas of business administration; and (ii) Two years of continuous experience in the accounting field relevant to the practice of public accountancy immediately preceding the date of application for the certificate or within a reasonable time prior to the date of such application as provided by the board by rule or regulation; provided, however, that the board may promulgate rules or regulations stating certain circumstances which shall constitute acceptable breaks in the continuity of such experience; provided, further, that the board may accept, in lieu of such two years of experience in public accounting, evidence satisfactory to it of two years of continuous employment in the accounting field in industry, business, government, or college teaching; any combination of employment in such fields; or any combination of employment in such fields and the practice of public accountancy immediately preceding the date of application for the certificate or what the board determines to be the equivalent thereof; and (4) Who shall have passed an examination approved by the board in such related subjects as the board deems appropriate."

SECTION 1-3. Said chapter is further amended in Code Section 43-3-10, relating to examinations for certified public accountants, by revising subsection (b) as follows:
"(b) Unless otherwise provided by rule or regulation of the board, as a prerequisite to sit for the examination, applicants shall meet the education requirements provided in division (b)(3)(A)(i), (b)(3)(B)(i), or (b)(3)(C)(i) of Code Section 43-3-9."

SECTION 1-4. Said chapter is further amended by revising Code Section 43-3-12, relating to reciprocity for certified public accountants, as follows:
"43-3-12. The board, in its discretion, may waive the examination provided for in paragraph (4) of subsection (b) of Code Section 43-3-9 and may issue a certificate as a certified public accountant to any individual who possesses the qualifications specified in paragraphs (1) and (2) of subsection (b) of Code Section 43-3-9 and what the board determines to be comparable to the qualifications under paragraph (3) of subsection (b) of Code Section 43-3-9 and who is a holder of a certificate as a certified public accountant, then in full force and effect, issued under the laws of any other state; provided, however, that the certificate held by such individual was issued by any other state after an examination which, in the judgment of the board, is the equivalent of the standard established by the board for examinations administered pursuant to paragraph (4) of subsection (b) of Code Section 43-3-9; and provided, further, that such privileges are extended to citizens of this

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state by any other state that originally granted the certificate. Notwithstanding the foregoing, the examination provided for in paragraph (4) of subsection (b) of Code Section 43-3-9 may be waived by the board in the case of an applicant who has been engaged in public practice for a period of ten years in any other state pursuant to the authority of such state."

SECTION 1-5. Said chapter is further amended by revising Code Section 43-3-16, relating to licensure requirements for firms practicing public accountancy, as follows:
"43-3-16. (a) The board shall grant or renew the license of a firm practicing public accountancy to firms that meet the following requirements:
(1)(A) Partners, members, or shareholders owning at least a simple majority of the financial interest and voting rights of the firm shall be certified public accountants of this state or any other state in good standing, except that such partners, members, or shareholders who are certified public accountants and whose office location designated by such partners, members, or shareholders who are certified public accountants for purposes of mobility practice privileges and reciprocity is in this state and who perform accounting services in this state shall be required to hold a license from this state. (B) An individual who has mobility practice privileges under subsection (b) of Code Section 43-3-18 who performs services for which a firm licensure is required under paragraph (4) of subsection (b) of Code Section 43-3-18 shall not be required to obtain a certificate or license under this chapter; (2) The firm shall be in compliance with all requirements and provisions of law governing the organizational form of the firm in any other state that is the firm's office location designation for purposes of mobility practice privileges and reciprocity; (3) The firm shall comply with all rules or regulations pertaining to firms licensed by the board; (4) The resident manager, as such term is defined in the board's rules or regulations, of each office of the firm within this state in the practice of public accountancy shall be a certified public accountant of this state in good standing; (5) Any firm that includes nonlicensee owners shall comply with the following rules: (A) The firm shall designate the holder of a license in this state, or in the case of a firm which is required to be licensed pursuant to subparagraph (b)(1)(C) of this Code section, a licensee of any other state who meets the mobility practice privileges requirements set forth in subsection (b) of Code Section 43-3-18, who shall be responsible for the proper licensure of the firm and shall identify that individual to the board; (B) All nonlicensee owners shall provide services or perform functions in the firm or the firm's affiliated entities; and

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(C) The firm shall comply with such other requirements as the board may impose by rule or regulation; (6) Any holder of a license in this state and any individual who qualifies for mobility practice privileges under subsection (b) of Code Section 43-3-18 who is responsible for supervising attest or compilation services and signs or authorizes someone to sign the accountant's report on behalf of the firm shall meet the competency requirements set by the board for such services; and (7) Any holder of a license in this state and any individual who qualifies for mobility practice privileges under subsection (b) of Code Section 43-3-18 who signs or authorizes someone to sign the accountant's report on behalf of the firm shall meet the competency requirements set by the board. (b)(1) The following firms shall be required to be licensed under this Code section: (A) Any firm with a physical office in this state practicing public accountancy; (B) Any firm with a physical office in this state that uses the title 'CPA' or 'CPA firm'; and (C) Any firm that does not have a physical office in this state but performs any service described in paragraph (2) or paragraph (4) of Code Section 43-3-2 for a client that specifies a location in this state to which such service is directed, unless such firm meets the requirements of paragraph (2) of this subsection. (2) A firm that does not have a physical office in this state may perform services described in paragraph (2) or paragraph (4) of Code Section 43-3-2 for a client that specifies a location in this state to which such services are directed and may use the title 'CPA' or 'CPA firm' without being licensed as provided in this Code section only if: (A) It meets the qualifications described in paragraph (1) of subsection (a) of this Code section; (B) It complies with the board's rules or regulations regarding peer review; and (C) It performs such services through an individual who is licensed in this state under Code Section 43-3-9 or who has mobility practice privileges under subsection (b) of Code Section 43-3-18. (c) Each firm required to be licensed under paragraph (1) of subsection (b) of this Code section shall be licensed biennially under this chapter with the board, provided that any firm for which such requirement becomes effective between biennial reporting periods shall become licensed with the board within 60 days. Such a firm shall be required to show that all attest and compilation services rendered in this state are under the supervision of an individual holding a license issued by the board or an individual with mobility practice privileges under subsection (b) of Code Section 43-3-18. The board, by rule or regulation, shall prescribe the procedure to be followed in effecting such licensure and the information which shall be required to be provided regarding the firm and its practice. (d) A licensed firm shall file written notice to the board, within 60 days after the occurrence of the opening of a new office or the closing or change of address of any of its offices in this state. Each such office shall be under the supervision of a resident manager

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who may be a partner, principal, shareholder, member, or a staff employee holding a license in this state. (e) Neither the denial of a firm license under this Code section nor the denial of the renewal of a firm license under Code Section 43-3-17 shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Notice and hearing within the meaning of Chapter 13 of Title 50 shall not be required, but the applicant shall be allowed to appear before the board if he or she requests."

SECTION 1-6. Said chapter is further amended by revising Code Section 43-3-18, relating to issuance of license to practice accountancy and substantial equivalency practice privilege for nonresidents, as follows:
"43-3-18. (a) A license to engage in the practice of public accountancy in this state shall be issued by the executive director, at the direction of the board, to each individual who is certificated as a certified public accountant under Code Section 43-3-9 or 43-3-12 or who shall have furnished evidence, satisfactory to the board, of compliance with the continuing professional education requirements of Code Section 43-3-19, and to firms licensed under Code Section 43-3-16, provided that such firms are maintained and licensed as required under Code Sections 43-3-16 and 43-3-17. There shall be a biennial license fee in an amount to be determined by the board. (b) Individuals may practice under mobility practice privileges as follows:
(1) An individual whose office location designation by such individual for purposes of mobility practice privileges and reciprocity is in any other state shall have all the privileges of license holders of this state, and may practice public accountancy in this state without the requirement to obtain a license under this chapter or to otherwise notify the board or pay any license fee if the individual holds a current license in good standing as a certified public accountant from any other state and continues to be so licensed during the pendency of the individual's practice in this state, and:
(A) Has attained such education and experience as the board by rule or regulation may establish as necessary to practice under mobility practice privileges; and (B) Has achieved a passing grade on the Uniform Certified Public Accountant Examination; (2) Notwithstanding any other provision of law, an individual who offers or renders professional services, as such services are defined in the board's rules or regulations, whether in person or by mail, telephone, or electronic means, under this Code section shall be granted mobility practice privileges in this state and no notice, license, fee, or other submission shall be provided by any such individual. Such an individual shall be subject to the requirements of paragraph (3) of this subsection;

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(3) An individual licensee of any other state exercising the privilege afforded under this subsection, and any firm that employs such individual, shall simultaneously consent, as a condition of exercising this privilege:
(A) To the personal and subject matter jurisdiction and disciplinary authority of the board; (B) To comply with the provisions of this chapter and the board's rules or regulations; (C) That in the event the individual's license issued by any other state designated by such individual for purposes of mobility practice privileges and reciprocity is not current, the individual shall cease practicing public accountancy in this state individually and on behalf of a firm; and (D) To the appointment of the board that issued the individual's license as the individual's agent upon whom process may be served in any action or proceeding by this state's board against the individual; (4) An individual who qualifies for the mobility practice privileges under this Code section who, for a client who specifies a location in this state to which any service under subparagraph (A), (C), or (D) of paragraph (2) of Code Section 43-3-2 is directed, may only perform such services through a firm that meets the requirements of Code Section 43-3-16; and (5) An individual qualifying for the mobility practice privileges under paragraph (1) of this subsection may provide expert witness services in this state and shall be deemed to be in compliance with Code Section 24-7-702 for purposes of such services. (c) Subsection (b) of this Code section shall not be applied or construed to allow an individual to engage in the practice of public accountancy in this state based on mobility practice privileges unless such individual holds a current license as a certified public accountant in any other state which grants similar reciprocity to license holders in this state."

SECTION 1-7. Said chapter is further amended in Code Section 43-3-21, relating to revocation or refusal to grant or renew license and immunity, by revising the introductory language of subsection (a) as follows:
"(a) The board may refuse to grant a license to an applicant, revoke any license issued by the board, discipline a licensee, or forbid an individual from exercising the mobility practice privileges for any one or any combination of the following causes:"

SECTION 1-8. Said chapter is further amended in Code Section 43-3-23, relating to adjudicative hearings before board, by revising subsection (c) as follows:
"(c) Before the board shall revoke or suspend a license, a certificate, or mobility practice privileges, it shall provide for a hearing for the holder of such license, certificate, or practice privileges in accordance with Chapter 13 of Title 50, the 'Georgia Administrative

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Procedure Act.' Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case shall be entitled to judicial review in accordance with Chapter 13 of Title 50."

SECTION 1-9. Said chapter is further amended in Code Section 43-3-27, relating to notification of conviction, time limit, and suspension, by revising subsection (a) as follows:
"(a) Any individual issued a license or certification under this chapter or providing services under mobility practice privileges and convicted under the laws of this state, the United States, any other state, or any other country of a felony as defined in paragraph (3) of subsection (a) of Code Section 43-1-19 shall be required to notify the board of such conviction within 30 days of such conviction. The failure of such individual to notify the board of a conviction shall be considered grounds for revocation of his or her license or other authorization issued pursuant to this chapter."

SECTION 1-10. Said chapter is further amended by revising Code Section 43-3-28, relating to reinstatement or modification of a revoked or suspended license, as follows:
"43-3-28. Upon written application after a hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the board may recertificate a certified public accountant whose certification has been revoked or may reissue or modify the suspension of a license or mobility practice privileges which have been revoked or suspended."

SECTION 1-11. Said chapter is further amended in Code Section 43-3-30, relating to injunctions and enforcement, by revising subsection (c) as follows:
"(c) The electronic, printed, engraved, or written display or uttering by a person of a card, sign, advertisement, instrument, or other device bearing an individual's name in conjunction with the words 'certified public accountant' or any abbreviation thereof shall be prima-facie evidence in any action brought under this Code section or Code Section 43-3-34 that the individual whose name is so displayed caused or procured the electronic, printed, engraved, or written display or uttering of such card, sign, advertisement, instrument, or other device and that such individual is holding himself or herself out to be a certified public accountant holding a license or otherwise claims to be qualified to use such title by virtue of the mobility practice privileges under subsection (b) of Code Section 43-3-18 or of the firm practice provisions of subsection (b) of Code Section 43-3-16. In any such action, evidence of the commission of a single act prohibited by this chapter shall be sufficient to justify an injunction or a conviction without evidence of a general course of conduct."

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SECTION 1-12. Said chapter is further amended in Code Section 43-3-31, relating to prohibited use of title or designation and false or deceptive practices, by revising subsection (h) as follows:
"(h) It shall not be a violation of this Code section or chapter for an individual who does not hold a license under this chapter but who qualifies for the mobility practice privileges under subsection (b) of Code Section 43-3-18 to use the title or designation 'certified public accountant' or 'CPA' or other titles to indicate that the individual is a certified public accountant, and such individual may engage in the practice of public accountancy in this state with the same privileges as a license holder so long as the individual complies with paragraph (4) of subsection (b) of Code Section 43-3-18."

PART II SECTION 2-1.

Article 1 of Chapter 81 of Title 36 of Official Code of Georgia Annotated, relating to local government budget and audits, is amended in subsection (b) of Code Section 36-81-8.1, relating to definitions, grant certification forms, filing with state auditor, forfeiture of funds for noncompliance, and no exemption from liability, by replacing "subparagraph (b)(3)(A) of Code Section 43-3-9" with "paragraph (3) of subsection (b) of Code Section 43-3-9".

PART III SECTION 3-1.

This Act shall become effective on January 1, 2026.

SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 9, 2025.

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PROFESSIONS AND BUSINESSES GEORGIA BOARD OF DENTISTRY; ISSUANCE OF DENTAL OR DENTAL HYGIENE LICENSE FOR THE SOLE PURPOSE OF TEACHING IN AN ACCREDITED DENTAL, DENTAL HYGIENE SCHOOL, OR ACADEMIC MEDICAL CENTER; REVISE PROVISIONS.

No. 88 (House Bill No. 322).

AN ACT

To amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists, dental hygienists, and dental assistants, so as to revise provisions regarding the Georgia Board of Dentistry issuance of a dental license for the sole purpose of teaching or instructing in an accredited dental school or academic medical center in this state; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists, dental hygienists, and dental assistants, is amended by revising subsections (a.1) through (e) of and adding a new subsection to Code Section 43-11-42, relating to reciprocity and criminal background check, to read as follows:
"(a.1)(1) The board may issue, in its discretion, without examination, a teacher's or instructor's license to a dentist who has graduated from a school, college, or advanced dental education program approved by the board and accredited by the Commission on Dental Accreditation of the American Dental Association (ADA) or its successor agency, if any, for the sole purpose of teaching or instructing, in an accredited dental college, advanced dental education program, or training clinic in this state, those procedures and services recognized in this state to be within the scope of practice of such person's professional license. Those applicants who have received a doctoral degree in dentistry from a dental school not so accredited must comply with the following requirements in order to submit an application for such teacher's or instructor's license:
(A) The applicant is or has been licensed to practice dentistry in another state, country, or territory; (B) The applicant shall submit a letter of recommendation from the dean or director of the teaching institution at which he or she is seeking employment along with verification of an executed employment offer for the full-time or part-time position that the applicant is applying to fill. Such recommendation shall verify that the applicant has met or been approved under the credentialing standards of a dental school or an academic medical center with which the person is to be affiliated; such dental school

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or academic medical center shall be accredited by the Commission on Dental Accreditation of the American Dental Association or The Joint Commission; (C) The applicant has never failed the Georgia dental licensure examination; (D) The applicant has never had a dental license revoked in this state or another state, country, or territory; and (E) The applicant shall have a current cardiopulmonary resuscitation (CPR) certification. (2) The board may establish by rule or regulation the requirements for documentation of an applicant's educational and personal qualifications for licensure under this subsection. (3) In order to be granted a license under this subsection, all applicants shall pass a jurisprudence examination on the laws of this state and rules and regulations as they relate to the practice of dentistry as established or approved by the board, which shall be administered in the English language. (b) Any license issued under subsection (a.1) of this Code section authorizes the licensee to practice dentistry only while engaged in the performance of the licensee's duties as an employee of the accredited school or college or only in connection with programs or training clinics affiliated with or endorsed by such school or college. Such licensee shall not practice dentistry with such license outside of such authorization. (c) The board may issue, in its discretion, without examination, a license to dentists for the sole purpose of practicing public health dentistry in an official state or a local health department or to render dental services to patients in state operated eleemosynary or correctional institutions, provided that these dentists possess a license in another state, are in good standing in said state, and have graduated from an accredited dental college. Such license shall be considered to be a temporary license which shall be valid for a period to be established by board rule. (d) The cost of such teacher's, instructor's, or temporary public health license shall be established by the board. (e) Any license issued or considered for issuance under this Code section shall be subject to the provisions set forth in Code Section 43-11-47. (f) Application for a license under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 9, 2025.

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PROFESSIONS AND BUSINESSES LICENSURE TO ENGAGE IN TRADE; PROVISIONS.

No. 89 (House Bill No. 579).

AN ACT

To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to revise provisions relating to licensure to engage in the practice of a profession, business, or trade in this state; to revise provisions relating to meetings of professional licensing boards; to revise provisions relating to the roster of licensees; to revise provisions relating to the duties of the division director; to provide for the review and granting of applications for the issuance, renewal, or reinstatement of licenses by the director of the professional licensing boards division; to revise provisions relating to the renewal of professional licenses; to revise provisions relating to the removal of members of a professional licensing board; to require that the rules and regulations promulgated by professional licensing boards be designed to protect the health, safety, and welfare of the public; to repeal provisions creating separate standards committees of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Code Section 43-1-2, relating to appointment and powers of division director, members and meetings of professional licenses board, examination standards, roster of licensees, and funding, as follows:
"43-1-2. (a)(1) There is created within the office of the Secretary of State the professional licensing boards division as successor to the office of the joint-secretary of the state examining boards. The Secretary of State is authorized and directed to appoint a director of the professional licensing boards division. (2) Any action of the joint-secretary taken with regard to any state examining board prior to July 1, 2000, shall thereafter be deemed to be action taken by the director of the professional licensing boards division and that division director shall thereafter act in the stead of such joint-secretary and succeed to the powers and duties of the joint-secretary with regard to those state examining boards. The rights, privileges, entitlements, or

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duties of parties to contracts, leases, agreements, or other transactions entered into by the joint-secretary prior to July 1, 2000, shall continue to exist and shall not be impaired or diminished by reason of the succession of the division director to the powers and duties of the joint-secretary. (b) The salary of the division director shall be fixed by the Secretary of State, and he or she shall hold office at the pleasure of the Secretary of State. (c) The Secretary of State, notwithstanding any other provisions of law to the contrary, shall employ personnel as deemed necessary to carry out this chapter and to provide for all services required by each of the professional licensing boards and shall establish within the guidelines provided by the laws and rules and regulations of the State Personnel Board the qualifications of such personnel. (d) The division director, with the approval of the Secretary of State, notwithstanding any other provisions of law to the contrary, shall enter into such contracts as are deemed necessary to carry out this chapter to provide for all services required by each of the professional licensing boards. (e) The Secretary of State, notwithstanding any other provisions of law to the contrary, shall have the power to employ and shall set the qualifications and salary for a deputy division director and shall appoint executive directors as required who shall act in the absence of the division director and who shall perform such other functions of the division director under this chapter as the division director may designate. The deputy division director and executive directors as appointed shall be in the unclassified service and shall be excluded from the classified service as defined in Article 1 of Chapter 20 of Title 45. (f) Notwithstanding any other provisions of law to the contrary, each member of the various professional licensing boards may receive the expense allowance as provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier within the state. Any board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a board member. For each day's service outside of the state as a board member, such member shall receive actual expenses as an expense allowance as well as the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by members of the various professional licensing boards are subject to approval of the president or chairperson of the respective board and the division director. (g) All meetings and hearings of the respective professional licensing boards shall be held at the site of the office of the respective board or at such other site as may be requested by the chairperson or president of a professional licensing board and approved by the division director. (h) A majority of the appointed members of a professional licensing board shall constitute a quorum for the transaction of business by that board.

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(h.1) Members of a professional licensing board shall serve until the expiration of the term for which they were appointed and until their successors have been appointed and qualified unless otherwise specified under the provisions of this title. (i) A schedule of all meetings and hearings of the various professional licensing boards shall be maintained at the office of the division director and be available for public review.
(j)(1) The division director may establish administrative standards for the examination of applicants for licensure by the various professional licensing boards, notwithstanding any other provisions of law to the contrary. These administrative standards may include the setting of date, time, and location of examinations, subject to the approval of the respective professional licensing boards. Notwithstanding any other provisions of law to the contrary, examination criteria, examination grading procedures, examination fees, examination passing score requirements, and other matters pertaining to the examination of applicants for licensure may be adopted by rules of the respective professional licensing boards as necessary to implement such examination standards. Examination standards, including examination criteria, grading procedures, and passing score requirements, developed in agreement or in conjunction with a national association of state boards or other related national association for the administration of a nationally recognized uniform examination may be adopted in lieu of state standards by the respective professional licensing boards.
(2)(A) Notwithstanding any other provision of this title to the contrary, whenever an applicant for the issuance of a license is required to obtain prior approval from a professional licensing board before such applicant is permitted to take an examination required in connection with such license, the division director shall be authorized to grant such approval on behalf of the applicable professional licensing board, provided that the division director is able to determine that the applicant has satisfied all other requirements that may be provided in this title or in the rules and regulations of the professional licensing board for such applicant to take such examination. (B) Nothing in this paragraph shall prevent a professional licensing board from granting or denying its approval for any applicant seeking the issuance of a license to take an examination required in connection with such license, and such grant or denial of approval from a professional licensing board with respect to a particular applicant shall not be contradicted by the division director acting under the authorization provided in this paragraph. (C) As used in this paragraph, the term 'license' shall have the same meaning as set forth in Code Section 43-1-3.1. (k) The division director shall prepare and maintain a roster containing the names and addresses of all current licensees for each of the various professional licensing boards as well as all persons, other than any person who fails to renew his or her license for a period of 45 days or less, who have been issued a public cease and desist order by a professional licensing board pursuant to Code Section 43-1-20.1 for engaging in the practice of a business or profession without a license. A copy of such roster for each professional

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licensing board, except for home addresses of licensees, shall be made available on the public website of the secretary of state and shall include, in one location, the names of licensees and persons issued cease and desist orders. A copy of the roster, except for home addresses of licensees, shall also be made available to any person upon request at a fee prescribed by the division director sufficient to cover the cost of printing and distribution. The following shall be treated as confidential and need not be disclosed without the approval of the professional licensing board to which application is made:
(1) Applications and other personal information, including home addresses, submitted by applicants, except to the applicant, staff, and the board; (2) Information, favorable or unfavorable, submitted by a reference source concerning an applicant, except to the staff and the board; (3) Examination questions and other examination materials, except to the staff and the board; and (4) The deliberations of the board with respect to an application, an examination, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in official board minutes. (l) Funding for the office of the division director and the various professional licensing boards served by such office shall be contained in a common budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act.'"

SECTION 1-2. Said title is further amended in Code Section 43-1-3, relating to duties of the division director and serving notice or process on boards through the division director, by revising subsection (a) as follows:
"(a) It shall be the duty of the division director: (1) To bring together and keep all records relating to the professional licensing boards; (2) To receive all applications for licenses; (3) To review and grant applications for the issuance, renewal, or reinstatement of licenses in accordance with the provisions of Code Section 43-1-3.1; (4) With the consent of the board concerned, to schedule the time and place for examinations; (5) To schedule the time and place for all hearings; (6) To issue certificates upon authority of the professional licensing board concerned; and (7) Except as otherwise provided by law, to collect all fees required by law in connection with the licensing of trades and professions under such boards and to remit the same to the state treasurer for deposit into the general fund of the state. Notwithstanding any other provision of law, the division director 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 division director to retain any funds required by the Constitution of Georgia to

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be paid into the state treasury; and provided, further, that the division director 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 1-3. Said title is further amended by adding a new Code section to read as follows:
"43-1-3.1. (a) As used in this Code section, the term 'license' means any license, certificate, permit, registration, or other document that is issued by a professional licensing board and that is required under this title for a person to engage in the practice of a profession, business, or trade in this state. Such term shall include, without limitation, any expedited license, temporary license, special license, or license by endorsement that is issued by a professional licensing board under this title.
(b)(1) Notwithstanding any provision of this title to the contrary, the division director shall be authorized to review each application for the issuance, renewal, or reinstatement of a license and, upon determining that an application furnishes evidence that the applicant has achieved or satisfied all of the qualifications, attainments, and other conditions required for the issuance, renewal, or reinstatement of a particular license under the provisions of this title or under the rules and regulations promulgated pursuant to this title, shall be authorized, on behalf of the applicable professional licensing board, to issue the license to or renew or reinstate the license of the applicant. (2) Whenever the division director reviews any application for the issuance, renewal, or reinstatement of a license pursuant to paragraph (1) of this subsection and cannot determine, based on such application, that the applicant has achieved or satisfied all of the qualifications, attainments, and other conditions required for the issuance, renewal, or reinstatement of the license under the provisions of this title or under the rules and regulations promulgated pursuant to this title, the division director shall not take any action on the application and shall forward the application to the applicable professional licensing board who shall then review, consider, and either grant or deny the application in a timely manner. (c) Nothing in this Code section shall prevent a professional licensing board from reviewing applications for the issuance, renewal, or reinstatement of a license that is issued by such professional licensing board and granting or denying such applications. Any such application which a professional licensing board has granted or denied shall not be reviewed or considered by the division director and, if the division director is in the process of reviewing or considering such application at the time the professional licensing board grants or denies such application, the division director shall cease his or her review of such application and shall not take any further action on the application. (d) When it is necessary for the division director, in connection with his or her review of an application for the issuance, renewal, or reinstatement of a license under subsection (b) of this Code section, to determine whether the applicant has satisfied any postsecondary

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education requirements required for the issuance, renewal, or reinstatement of such license, the division director shall not be required to obtain official transcripts evidencing the satisfaction of such education requirements from the relevant postsecondary education institution, provided that the division director is able to obtain confirmation, through other reliable means, from the postsecondary education institution that such education requirements have been satisfied. Each postsecondary education institution in this state is encouraged to work with the division director to develop such alternative method of confirming the satisfaction of education requirements as provided in this title."

SECTION 1-4. Said title is further amended by revising Code Section 43-1-4, relating to expiration, renewal, and penalty dates of licenses and certificates; duration of validity, and renewals, as follows:
"43-1-4. (a) The division director shall determine the expiration, renewal, and penalty dates for each license and certificate issued by the professional licensing boards through the office of the division director which is subject to renewal. Before becoming effective, these expiration, renewal, and penalty dates must be approved by the respective professional licensing boards. (b) Notwithstanding any provision of this title to the contrary, each license and certificate issued by the professional licensing boards through the office of the division director which are subject to renewal shall be valid for up to two years and shall be renewable biennially on the renewal date established by the division director, as approved by the respective professional licensing boards. Any such license or certificate shall be renewable for up to 45 days after the expiration of such license or certificate, provided that the licensee or the certificate holder has satisfied all requirements and paid all fees relating to the renewal of such license or certificate as provided in this title or in the rules and regulations promulgated pursuant to this title. (c) The division director is authorized to adopt the necessary rules and regulations to implement the biennial renewal of licenses and certificates in such manner as to ensure that the number of renewals is reasonably evenly distributed throughout each two-year period."

SECTION 1-5. Said title is further amended by revising Code Section 43-1-17, relating to removal from office member of a professional licensing board, as follows:
"43-1-17. The Governor may remove from office any member of a professional licensing board for any of the following:
(1) Inability or neglect to perform the duties required of members; (2) Incompetence; or (3) Dishonest conduct."

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SECTION 1-6. Said title is further amended by revising Code Section 43-1-26, which is reserved, as follows:
"43-1-26. Notwithstanding any provision of this title to the contrary, the power of each professional licensing board to promulgate rules and regulations as provided in this title shall be limited to the promulgation of rules and regulations that are designed to protect the health, safety, and welfare of the public regarding the particular profession, business, or trade that is regulated by such professional licensing board."

PART II SECTION 2-1.

Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by repealing in its entirety Code Section 43-10A-6, relating to separate standards committees for professional counseling specialty, social work specialty, and marriage and family therapy specialty, and designating said Code section as reserved.

PART III SECTION 3-1.

This Act shall become effective on July 1, 2026.

SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 9, 2025.

__________

PROFESSIONS AND BUSINESSES STATE BOARD OF REGISTRATION REMOVE USED CAR DIVISION AND
THE USED PARTS DIVISION; PROVISIONS.

No. 90 (House Bill No. 630).

AN ACT

To amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers, so as to remove the used car division and the used parts division of the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers; to confer the powers and duties of such divisions to the

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board; to revise the membership of the board; to revise the powers and duties of the board; to revise and clarify provisions relating to applications for and requirements of licenses; to revise provisions relating to the change of location by licensees; to revise and provide for definitions; to make conforming changes; 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 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers, is amended in Code Section 43-47-2, relating to definitions, by revising paragraph (3) and subparagraph (A) of paragraph (17) and adding a new paragraph to read as follows:
"(2.1) 'Division director' shall have the same meaning as set forth in Code Section 43-1-1. (3) 'Established place of business' means a salesroom or sales office in a building or on an open lot of a retail used car dealership or at which a permanent business of bartering, trading, offering, displaying, selling, buying, dismantling, or rebuilding wrecked or used motor vehicles or parts is carried on, or the place at which the books, records, and files necessary to conduct such business are kept. Each such place of business shall be furnished with a working telephone listed in the name of the licensee for use in conducting the business, be marked by an appropriate permanent sign as prescribed by the board, and meet or exceed any size requirements and standards prescribed by the board."
"(17)(A) 'Used motor vehicle dealer' or 'used car dealer' means any person who, for commission or with intent to make a profit or gain of money or other thing of value, sells, exchanges, rents with option to purchase, offers, or attempts to negotiate a sale or exchange of an interest in used motor vehicles or who is engaged wholly or in part in the business of selling used motor vehicles, whether or not such motor vehicles are owned by such person. A motor vehicle wholesaler and 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 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 (x) of subparagraph (B) 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. A pawnbroker who disposes of all repossessed motor vehicles by selling or exchanging his or her

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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."

SECTION 2. Said chapter is further amended by revising Code Section 43-47-3, relating to creation of board, composition, terms of office, vacancies, election of chairperson, and divisions, as follows:
"43-47-3. (a) There is created a State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers. The board shall be composed of ten members:
(1) Three members shall be independent used car dealers, at least one of whom shall be an independent used car dealer that sells at least 100 used motor vehicles in the State of Georgia each calendar year and that primarily or exclusively sells motor vehicles online; (2) One member shall be appointed from the public at large and shall have no connection whatsoever with the sale of used cars or parts; (3) The state revenue commissioner, or a designated agent, shall be a permanent ex officio member and shall be authorized to vote on all matters before the board; (4) One member shall be a representative of the automobile auction industry; (5) Three members shall be used motor vehicle parts dealers; and (6) One member shall be a representative of the automobile insurance industry. (b) The members of the board shall be appointed by the Governor and shall serve terms of four years. All members shall be residents of this state. The term of the ex officio member shall be coextensive with his or her term of office. (b.1) Notwithstanding the provisions of subsection (a) of this Code section, all members serving on the board as of June 30, 2025, shall continue to serve as members of the board for the remainder of their terms of office but shall only be reappointed in accordance with the provisions of this Code section. (c) Any vacancies on the board shall be filled by the Governor for the remainder of the unexpired term. The members of the board shall annually elect one of their number to serve as chairperson for a term of two years. In the event a chairperson of the board is unable to complete his or her term, a successor for the remainder of the term shall be elected from the members of the board."

SECTION 3. Said chapter is further amended by revising Code Section 43-47-4, relating to division director as secretary of board, as follows:

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"43-47-4. The division director shall be the secretary of the board. He or she shall issue licenses and certificates and perform such other duties as the board may direct to carry out this chapter or as provided in Chapter 1 of this title."

SECTION 4. Said chapter is further amended by revising Code Section 43-47-5, relating to reimbursement of board members, as follows:
"43-47-5. The members of the board shall be reimbursed for their duties as board members as provided for in subsection (f) of Code Section 43-1-2."

SECTION 5. Said chapter is further amended by revising Code Section 43-47-6, relating to general powers and duties of the board, as follows:
"43-47-6. The board shall have the following powers and duties: (1) To receive applications for registration of licensees; (2) To make such rules and regulations as may be necessary to effectuate the administration and enforcement of this chapter and to protect the health, safety, and financial well-being of the public; (3) To arrange for all new applicants to have a criminal background check, which background check shall be mandatory. The applicant's fingerprints shall be forwarded to the Georgia Crime Information Center which shall run a criminal background check on the applicant and provide the results of the background check to the board. Additionally, the applicant's fingerprints will be forwarded to the Federal Bureau of Investigation for a national criminal history record check; (4) To publish in print or electronically on or before September 1 of each year an alphabetical listing of all licensees pursuant to this chapter and to distribute copies of the same, if requested, to the Department of Public Safety, the Department of Revenue, and the Georgia Bureau of Investigation, to all sheriffs in this state, and to all county and municipal police departments in this state; (5) To establish a fee for a license for each principal place of business and a fee for a supplemental license for each place of business not immediately adjacent to the principal place of business. The board may establish separate schedules of fees for such licenses depending on whether the applicant begins to do business as a licensee prior to or after the issuance of any such license; (6) To do all other things necessary and proper to carry out the powers and duties listed in this Code section; and (7) To set the minimum size requirements and standards of an established place of business."

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SECTION 6. Said chapter is further amended by revising Code Section 43-47-7, relating to required license and records, as follows:
"43-47-7. (a) It shall be unlawful for any person to operate as a used motor vehicle dealer in this state without first registering and obtaining a license from the board as provided in this chapter. (b) It shall be unlawful for any person to operate as a used motor vehicle parts dealer in this state without first registering and obtaining a license from the board as provided in this chapter. (c) It shall be unlawful for any used car dealer or any used parts dealer willfully to fail to keep the records required to be kept by this chapter."

SECTION 7. Said chapter is further amended by repealing Code Section 43-47-8, relating to license applications, prerequisites, license fees, renewal, training or test, supplemental license, bonds, insurance, suspension for conviction or false statement, and meetings, and by enacting a new Code Section 43-47-8 to read as follows:
"43-47-8. (a) Any person desiring a license to be a used motor vehicle dealer or a used motor vehicle parts dealer in this state shall submit an application on a form and in such manner as may be prescribed by the board, which shall be accompanied by any applicable fees and evidence satisfactory to the board that the applicant:
(1) Maintains an established place of business; (2) Has, within the preceding 12 months, attended a board approved training and information seminar, which shall not exceed one day in length, or passed a board approved examination, either of which shall relate to the requirements of licensees provided in this chapter, including books and records to be kept, requirements of the Department of Revenue applicable to licensees, and such other topics as in the opinion of the board promote good business practices of licensees; (3) Has applied for or obtained a certificate of registration, Department of Revenue Form ST-2; (4) Has posted or has made provision for the posting of the bond required under subsection (d) of this Code section; and (5) Maintains any liability and property damage insurance required under subsection (e) of this Code section. (b) Applications for a used motor vehicle dealer license or a used motor vehicle parts dealer license shall be made under oath and shall state the applicant's full name; date and place of birth; date and place of any conviction or arrest for any crime, including the plea of nolo contendere or a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other first offender treatment; and such additional information as the board may require to investigate the qualifications, character, competence, and integrity of the applicant. Each

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applicant shall submit with his or her application photographs or other renderings of his or her established place of business that show the complete facility, appropriate sign, and entire display area of the established place of business. (c) Each applicant for a used motor vehicle dealer license or a used motor vehicle parts dealer license shall furnish to the board a full set of fingerprints to enable a criminal background investigation to be conducted on the applicant so as to determine the applicant's suitability to be licensed under this chapter. The board shall submit the applicant's fingerprints to the Georgia Crime Information Center. If no criminal record is identified at the state level, the Georgia Crime Information Center is authorized to submit the fingerprints to the Federal Bureau of Investigation for a national criminal history check. The Georgia Crime Information Center shall notify the board in writing of the results of such criminal background investigation, which shall be used by the board for the exclusive purpose of carrying out its responsibilities under this chapter, shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency. The applicant shall be responsible for all fees associated with the performance of such background investigation.
(d)(1) Licensees shall be required, for each license or supplemental license issued in connection with an established place of business, to post a bond that is executed with a surety company duly authorized to do business in this state. Such bond shall be payable to the Governor for the use and benefit of any purchaser and vendees or successors in title of any used motor vehicle and shall be conditioned to pay all losses, damages, and expenses that may be sustained by such purchaser, his or her vendees, or successors in title that may be occasioned by reason of any misrepresentation, deceptive practice, or unfair practice or by reason of any breach of warranty as to such used vehicle. Such bond shall be in the amount of $35,000.00 for used car dealers and $10,000.00 for used parts dealers and shall be filed, prior to or immediately upon the granting of a license under this chapter, with the division director by the licensee and shall be approved by the division director as to form and as to the solvency of the surety. (2) No licensee shall cancel, or cause to be canceled, a bond issued pursuant to this subsection unless the board is informed in writing by a certified letter at least 30 days prior to the proposed cancellation. (3) If a surety or licensee cancels a bond issued pursuant to this subsection and the licensee fails to submit, within ten days of the effective date of the cancellation, a new bond, the board may revoke his or her license. (e)(1) Except for any person licensed under Chapter 6 of this title, who shall be exempt from the requirements of this subsection, licensees shall maintain, for each license or supplemental license issued in connection with an established place of business, public liability and property damage insurance with liability limits of not less than $50,000.00 per person and $100,000.00 per accident, personal insurance liability coverage, and $25,000.00 property damage liability coverage.

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(2) No licensee shall cancel or cause to be canceled an insurance policy issued pursuant to this subsection unless the board is so informed in writing by certified mail at least 30 days prior to the proposed cancellation. (3) If an insurance company or licensee cancels an insurance policy required under this subsection and the licensee fails to submit, within ten days of the effective date of such cancellation, a new insurance policy, the board may revoke his or her license. (f)(1) Each license issued pursuant to this chapter shall be in connection with a single established place of business, and licensees shall be required to obtain a supplemental license for each additional established place of business that is operated or proposed to be operated by the licensee that is not contiguous to an established place of business for which a license or supplemental license has been issued; provided, however, that a supplemental license shall not be required for any temporary site of a licensee. (2) A licensee applying for a supplemental license shall submit an application on a form and in such a manner as may be prescribed by the board accompanied by any applicable fees. Such application shall include:
(A) The licensee's license number; (B) Photographs or other renderings of the licensee's additional established place of business for which a supplemental license is sought that shows the complete facility, appropriate sign, and entire display area of the additional established place of business; (C) Evidence that the licensee has posted, or has made provision for the posting, of the bond required under subsection (d) of this Code section for such additional established place of business; and (D) Evidence that the licensee maintains any liability and property damage insurance required under subsection (e) of this Code section for such additional established place of business. (g) All licenses issued under this chapter shall be renewable biennially. The board may establish continuing education requirements for license renewals."

SECTION 8. Said chapter is further amended in Code Section 43-47-8.2, relating to place of business, temporary sites, and penalties, by revising paragraph (5) of subsection (b) as follows:
"(5) The fee for each application for a temporary site permit shall be established by the board."

SECTION 9. Said chapter is further amended by revising Code Section 43-47-9, relating to contents of licenses, display of licenses, and endorsement of change of business location on licenses, as follows:
"43-47-9. (a) The licenses issued pursuant to this chapter shall specify the location of each place of business or branch or other location occupied or to be occupied by the licensee in

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conducting his or her business; and the license or supplemental license issued therefor shall be conspicuously displayed on each of such premises. (b) If such location, as provided in subsection (a) of this Code section, of a licensee is changed, the licensee shall, at least 30 days prior to relocating to a new location, submit a change of location application, together with any additional fees as established by the board, to the division director. Such application shall be submitted in a form and manner as prescribed by the division director and shall include the licensee's license number and photographs of the new location in accordance with subsection (b) of Code Section 43-47-8. If the division director determines that the new location meets the requirements of this chapter and of the rules and regulations of the board, the division director shall approve the application and issue a new license that specifies the new location."

SECTION 10. Said chapter is further amended by revising Code Section 43-47-10, relating to investigation of licensees by board, suspension or revocation of license, and other sanctions, as follows:
"43-47-10. The board may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any licensee or anyone who shall assume to act in such capacity. The board shall have power, in addition to the other powers authorized by this chapter, to revoke or to suspend a license for a specified time, to be determined in its discretion, or to invoke such other lesser sanctions, including but not limited to the imposition of fines and penalty fees, which the board is hereby authorized to create by rule, where:
(1) The licensee is found by a majority of the members of the board to have committed any one or more of the following:
(A) Material misstatement in an application for a license; (B) Willful and intentional failure to comply with any provisions of this chapter or any lawful rule or regulation issued by the board under this chapter; (C) Making any substantial misrepresentation; (D) Making any false promises of a character likely to influence, persuade, or induce; (E) Pursuing a continued and flagrant course of misrepresentation or the making of false promises through agents, salespersons, advertising, or otherwise; (F) Failure to account for or to remit any moneys coming into his or her possession which belong to others; (G) Having demonstrated unworthiness or incompetency to act as a licensee in such manner as to safeguard the interest of the public; (H) Fraud or fraudulent practice, unfair and deceptive acts or practices, misleading acts or practices, or untrustworthiness or incompetency to act as a licensee, including, but not limited to, the failure to provide the appropriate odometer disclosure forms required

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by law or knowingly selling or offering for sale any used car on which the odometer has been tampered with to reflect lower than the actual mileage the car has been driven; (I) The intentional use of any false, fraudulent, or forged statement or document or the use of any fraudulent, deceitful, dishonest, or immoral practice in connection with any of the licensing requirements as provided for in this chapter; (J) The commission of any crime involving violence, a used motor vehicle, illegal drugs, tax evasion, failure to pay taxes, or any crime involving the illegal use, carrying, or possession of a dangerous weapon; the conviction of, plea of guilty to, or plea of nolo contendere to a crime involving violence, a used motor vehicle, illegal drugs, tax evasion, failure to pay taxes, or any crime involving the illegal use, carrying, or possession of a dangerous weapon shall be conclusive evidence of the commission of such crime; (K) Use of untruthful or improbable statements or flamboyant or extravagant claims concerning such licensee's excellence or abilities; (L) The performance of any dishonorable or unethical conduct likely to deceive, defraud, mislead, unfairly treat, or harm the public; (M) The use of any false or fraudulent statement in any document in connection with the business as a licensee; (N) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any of the provisions of this chapter, including but not limited to (i) the failure to maintain the certificate of registration required by Code Section 43-47-8 and (ii) the failure to keep records required by this chapter; (O) Any other conduct, whether of the same or a different character than heretofore specified, which constitutes dishonest dealing;
(P)(i) Any of the following activities by an automobile auction: (I) Allowing a motor vehicle to be sold through an auction where the seller's name does not appear on the face of the title; (II) Failing to refund all of the purchase price to the buyer when the title and tag receipt are not assigned to and processed for the buyer within 21 days of the purchase; (III) Failing to make available to the board, for investigative purposes, auction records of a seller, for the purpose of determining if a seller sold more than five motor vehicles in a calendar year; provided, however, that the board shall give the auction reasonable notice during normal working hours; (IV) Failing to disclose in a conspicuous manner on the bill of sale that a buyer is entitled to a refund of all of the purchase price when the title and tag receipt are not assigned and processed within 21 days of the purchase; (V) Failing to include on the bill of sale any warranty disclaimer; or (VI) Accepting or delivering a certificate of title signed in blank.
(ii) The provisions of this subparagraph shall not apply where: (I) The sale of the motor vehicle is not open to the general public;

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(II) Either the seller or purchaser of the vehicle is a licensed used car dealer; (III) The motor vehicle is sold as a repossessed or abandoned vehicle; or (IV) The motor vehicle is sold on behalf of any government agency or by court order. (iii) A violation of this subparagraph shall also be grounds for suspension or censure of a license under Code Section 43-6-18, and any auction violating this subparagraph may be required by the board to surrender its master tag; (Q) Acting to obtain or holding a license on behalf of another person who was previously denied a license or had a license suspended or revoked under this chapter; in making determinations under this subparagraph, the board may look at any competent evidence, including, but not limited to, who actually directs the activities at the business and who actually receives the proceeds from the business; (R) Having purchased, concealed, possessed, or otherwise acquired or disposed of a vehicle, knowing the same to be stolen; (S) Having failed to meet and maintain the requirements for issuance of a license as provided for in this chapter; (T) Having failed to pay within 30 days after written demand from the board any fees or penalties due on vehicles acquired for dismantling or rebuilding; (U) Having willfully failed to keep or maintain the records required to be kept by this chapter; or (V) Having vacated the location of its place of business for thirty days or more without having submitted a change of location application pursuant to Code Section 43-47-9; or (2) A majority of the members of the board find that the licensee failed to establish, maintain, or monitor procedural safeguards to ensure that the following activities do not occur at the business, regardless of whether the licensee had actual knowledge of any such activity or activities or regardless of whether there was an intent on the part of any person to engage in any such activity or activities: (A) Unfair and deceptive acts or practices as defined in Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975'; (B) Any of those activities described in paragraphs (1) through (6) of Code Section 40-3-90; or (C) Failure to obtain a certificate of title for a purchaser."

SECTION 11. Said chapter is further amended in Code Section 43-47-12, relating to maintenance of records by licensees and possession of vehicle or parts as evidence of purchase for resale, by revising paragraph (4) of subsection (a) as follows:
"(4) Any other records which the board may reasonably require to protect the public, as relating to the licensee's method of operation and personnel employed."

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SECTION 12. Said chapter is further amended by revising Code Section 43-47-14, relating to fines for violation of chapter, as follows:
"43-47-14. The board may impose a fine not to exceed $500.00 for each violation of any provision of this chapter. Such fines shall be listed in a schedule contained in the rules and regulations of the board. The licensee shall pay the fine within 30 days after receiving written notification from either the board or a representative of the board unless the licensee requests in writing a hearing before the board. Such request for a hearing must be received by the board within 30 days after receipt of the written notification from the board. Failure either to pay the fine or request a hearing shall result in immediate suspension of the license pending a hearing by the board to determine whether revocation or other disciplinary action should be imposed on the licensee."

SECTION 13. Said chapter is further amended by revising Code Section 43-47-17, relating to consent to inspection as condition of licensure, as follows:
"43-47-17. Every person required to be licensed under this chapter shall, as a condition of licensure, be deemed to have granted authority and permission to the board or to any peace officer to inspect any record or document and any motor vehicle or motor vehicle part or accessory at or on the premises of his or her principal place of business, or any additional place of business, at any reasonable time during the day or night during reasonable business hours."

SECTION 14. Said chapter is further amended in Code Section 43-47-21, relating to civil penalty, civil action, right of private action, and persons already licensed to make changes at time of renewal of license, by revising subsection (b) as follows:
"(b) The penalty provided in subsection (a) of this Code section and any restitution due to specifically named consumers for violations of this chapter shall be recoverable by a civil action brought by the board, the Attorney General, or any district attorney, solicitor-general, or municipal or county attorney in any superior or state court having proper jurisdiction. The proceeds of any civil penalty shall be remitted to the board by the clerk of the court in which such case is filed; provided, however, that in an action brought on behalf of a county or municipality one-half of the proceeds of such civil penalty shall be paid into the treasury of such county or municipality. The court shall order any restitution recovered on behalf of any consumer to be paid over directly to the consumer by the defendant."

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SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

Approved May 9, 2025.

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PROFESSIONS AND BUSINESSES STATE LICENSING BOARD FOR RESIDENTIAL AND COMMERCIAL GENERAL CONTRACTORS; REVISE PROVISIONS.

No. 91 (House Bill No. 635).

AN ACT

To amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and commercial general contractors, so as to revise provisions relating to the State Licensing Board for Residential and Commercial General Contractors; to revise and clarify qualifications for licensure as a residential or commercial general contractor; to revise provisions relating to examination of applicants; to revise provisions relating to the refusal to grant a license, revocation of a license, or other disciplinary action of the board; 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 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and commercial general contractors, is amended by revising Code Section 43-41-3, relating to creation of State Licensing Board for Residential and Commercial General Contractors, membership, divisions, vacancies, qualifications, terms, and meetings, as follows:
"43-41-3. (a) There is created the State Licensing Board for Residential and Commercial General Contractors consisting of 15 members appointed by the Governor for five-year terms. The board shall be assigned to the Secretary of State's office for administrative purposes and shall be under the jurisdiction of the division director and shall operate in accordance with and pursuant to the provisions of Chapter 1 of this title, as applicable. The board shall be composed of two divisions: the residential contractor division, having jurisdiction of and authority over the two subcategories of residential contracting, residential-basic contractors and residential-light commercial contractors, and the commercial general contractor division. Eight members shall be appointed and serve as members of the residential contractor division of the board and seven members shall be appointed and serve as

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members of the commercial general contractor division of the board. Members shall serve until the expiration of their respective terms and until their successors are appointed and qualified. Vacancies occurring during a term shall be filled by appointment of the Governor for the remainder of the unexpired term and such replacement shall meet the requirements and criteria of selection of the person previously holding the vacant position. To be eligible to serve on the respective divisions of the board, each contractor member shall be licensed in the category to which the member is appointed and shall remain actively involved in the construction contracting business and shall have been so engaged for a period of not less than five consecutive years before the date of appointment in the particular contracting business, as a residential contractor or commercial general contractor, corresponding to the division for which such person is appointed. The position of any appointed member of the board who, during his or her term of appointment, shall cease to meet the qualifications for original appointment shall be immediately vacated. (b) The residential contractor division shall consist of eight members and, except as otherwise expressly stated in this chapter, shall have jurisdiction of and authority over the practice of the two subcategories of residential contracting, residential-basic contractors and residential-light commercial contractors. Six members shall be residential contractors licensed under this chapter. At least two of the residential contractor members shall be licensed as residential-light commercial contractors; at least two shall be licensed as residential-basic contractors; one shall be a licensed residential contractor whose business predominantly involves remodeling projects; one shall be a licensed residential contractor who constructs at least an average of 20 residences per year; and all shall be geographically diverse. One member shall have experience as a public building official and one member shall be a public member. The public member shall have no ties with the residential construction industry and shall represent the interests of the public at large. The member terms on the residential contractor division shall be staggered so that all terms do not expire simultaneously. The residential contractor division shall meet at least once every two months for the purpose of transacting such business as may properly come before it. (c) The commercial general contractor division shall consist of seven members and, except as otherwise expressly stated in this chapter, shall have jurisdiction of and authority over the practice of commercial general contracting. Five members shall be commercial general contractors licensed under this chapter. At least two of the commercial general contractor members shall be small-volume builders with an annual contracting volume of less than $10 million and all of whom shall be geographically diverse. One member shall be a currently licensed or registered architect or engineer and one member shall have experience as a public building official. The initial member terms on the commercial general contractor division shall be staggered so that all terms do not expire simultaneously. The commercial general contractor division shall meet at least once every two months for the purpose of transacting such business as may properly come before it."

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SECTION 2. Said chapter is further amended in Code Section 43-41-4, relating to chairperson and vice chairperson, meetings and quorums, and assistance from professional licensing boards division, by revising subsection (h) as follows:
"(h) The board shall not take action on any matter specifically delegated to and under the authority and control of the one of its divisions unless a majority of its members from the affected division are present and participating in such action or decision."

SECTION 3. Said chapter is further amended by revising Code Section 43-41-6, relating to application and appropriate fee, eligibility for licensure as residential-basic contractor, residential-light commercial contractor, or commercial general contractor, examination of qualified applicants, renewal of licenses, and continuing education requirements, as follows:
"43-41-6. (a) Anyone seeking to be licensed as a residential contractor or as a commercial general contractor in this state shall file an application on a form provided by the residential contractor or commercial general contractor division, respectively, accompanied by an application fee as provided by the board. Such an application may be submitted either by:
(1) An individual person seeking issuance of a license in his or her own name for purposes of engaging in the profession of residential or commercial general contracting in his or her own name or doing business as an individual in a trade name as a sole proprietorship; or (2) An individual person affiliated by ownership or employment with and acting as a qualifying agent for a business organization seeking to engage in the profession of residential or commercial general contracting in the name of the business organization in accordance with and pursuant to Code Section 43-41-9. Additionally, all applicants shall successfully pass an examination approved by the appropriate division, except where an applicant is otherwise qualified for licensure and has satisfied the appropriate division requirements and regulations for licensure pursuant to Code Section 43-41-8 exempting such applicant from the examination requirement or where the applicant is an individual acting as a qualifying agent for a business organization and has previously obtained and maintained continuously a license issued by the appropriate division, either as an individual doing business in his or her own name or doing business as an individual in a trade name as a sole proprietor or as a qualifying agent for another business organization. (b) A person shall be eligible for licensure as a residential-basic contractor by the residential contractor division if the person: (1) Is at least 21 years of age; (2) Is of a good character and is otherwise qualified as to competency, ability, integrity, and financial responsibility; and

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(3) Has at least two years of verifiable experience under the direct employment of a licensed residential contractor, with a primary focus on the residential-basic category, or other verifiable experience that the division deems to be substantially similar in scope and nature, including, but not limited to, experience performing activities, work, or services requiring licensure under Chapter 14 of this title. Such experience shall be verified through an affidavit, executed by the applicant's employer or such other person with knowledge of such experience, attesting under oath that the applicant has such experience. (c) A person shall be eligible for licensure as a residential-light commercial contractor by the residential-light commercial subdivision if the person: (1) Is at least 21 years of age; (2) Is of a good character and is otherwise qualified as to competency, ability, integrity, and financial responsibility; and (3) Meets eligibility requirements according to one of the following criteria:
(A) Has received a baccalaureate degree from an accredited four-year college or university in the field of engineering, architecture, construction management, building construction, or other field acceptable to the division; (B) Has a combination, equaling at least four years in the aggregate, of academic credits from any accredited college-level courses in the field of engineering, architecture, construction management, building construction, or other field acceptable to the division and verifiable practical experience working as or in the employment of a residential contractor, commercial general contractor, or other verifiable experience that the division deems to be substantially similar in nature and in scope, including, but not limited to, performing activities, work, or services requiring licensure under Chapter 14 of this title. For purposes of this subparagraph, all university, college, junior college, or community college-level courses shall be considered accredited college-level courses and any experience shall be verified through an affidavit, executed by the applicant's employer or such other person with knowledge of such experience, attesting under oath that the applicant has such experience; or (C) Has a total of at least four years of verifiable active experience working in a construction industry related field, at least two of which shall have been as or in the employment of a residential contractor, or other verifiable experience deemed acceptable by the division. Such experience shall be verified through an affidavit, executed by the applicant's employer or such other person with knowledge of such experience, attesting under oath that the applicant has such experience. (d) A person shall be eligible for licensure as a commercial general contractor by the commercial general contractor division if the person: (1) Is at least 21 years of age; (2) Is of a good character and is otherwise qualified as to competency, ability, integrity, and financial responsibility; and (3) Meets eligibility requirements according to one of the following criteria:

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(A) Has received a baccalaureate degree from an accredited four-year college or university in the field of engineering, architecture, construction management, building construction, or other field acceptable to the division; (B) Has a combination, equaling at least four years in the aggregate, of academic credits from any accredited college-level courses in the field of engineering, architecture, construction management, building construction, or other field acceptable to the division and verifiable practical experience working as or in the employment of a commercial general contractor or other verifiable experience that the division deems to be substantially similar in nature and in scope, including, but not limited to, performing activities, work, or services requiring licensure under Chapter 14 of this title. For purposes of this subparagraph, all university, college, junior college, or community college-level courses shall be considered accredited college-level courses and any experience shall be verified through an affidavit, executed by the applicant's employer or such other person with knowledge of such experience, attesting under oath that the applicant has such experience; or (C) Has a total of at least four years of proven active experience working in a construction industry related field, at least two of which shall have been as or in the employment of a commercial general contractor, or other proven experience deemed acceptable by the division and at least one of which shall have been in or relating to administration, marketing, accounting, estimating, drafting, engineering, supervision, or project management, or functions deemed substantially similar by the division. Such experience shall be verified through an affidavit, executed by the applicant's employer or such other person with knowledge of such experience, attesting under oath that the applicant has such experience. (e)(1) Before qualifying for issuance of a license, an applicant shall show to the satisfaction of the residential contractor division or commercial general contractor division from the application and proofs furnished that the applicant is possessed of a good character and is otherwise qualified as to competency, ability, and integrity. The application shall include a list of all persons, entities, and business organizations that the applicant will be affiliated with as a licensed residential contractor or commercial general contractor, whether by way of employment, ownership, serving as an owner or director, partnership, or membership or by serving as a qualifying agent under this chapter. All applicants shall also provide their social security numbers, if applying as an individual, or the federal taxpayer identification numbers of any business organization for which the applicant is seeking licensure as a qualifying agent. Applicants for a commercial general contractor's license shall also provide suitable verification of tax payments in a form and manner and for the duration prescribed by the commercial general contractor division; provided, however, that, where the application is seeking license as a qualifying agent of a business organization, such tax verification and information shall relate and pertain to that business organization.

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(2) Before qualifying for issuance of a license an applicant shall show to the satisfaction of the appropriate division that the applicant is qualified as to financial responsibility. Applicants for a commercial general contractor license shall provide proof of a minimum net worth in an amount specified by the commercial general contractor division. All applicants shall provide proof of general liability insurance in an amount specified by the appropriate division and proof of workers' compensation insurance as required by the laws of this state. If the applicant is submitted as a person seeking to act as a qualifying agent of a business organization, then such proof shall pertain to that business organization rather than the individual applicant, subject to the limitations set forth in Code Section 43-41-9. A certificate by the insurer or other appropriate evidence of insurance coverages shall be maintained with the appropriate division and shall be a condition of renewal. (3) The decision of the appropriate division as to the qualifications of applicants shall, in the absence of fraud or willful or wanton misconduct, be conclusive. (4) A licensee, on his or her own behalf or where acting as a qualifying agent on behalf of the business organization so qualified, shall notify the appropriate division in writing within 30 days of any changes in the information required to be on file with such division, including, but not limited to, the licensee's and, if the licensee is acting as a qualifying agent for any business organization, such business organization's current mailing address, insurance coverages, and affiliated entities. (f)(1) The residential contractor division and the commercial general contractor division shall each approve an appropriate examination of which all applicants, except those exempted from the examination requirement pursuant to Code Section 43-41-8, shall pass in order to be eligible for licensure under this chapter. (2) The residential contractor division shall approve separate examinations for applicants for residential-basic and residential-light commercial licenses for the purpose of determining a particular applicant's ability to make a practical application of his or her knowledge of the profession of residential contracting in the particular subcategory for which a license is sought; the applicant's qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to such residential contracting business; his or her knowledge as to the responsibilities of a residential contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to residential-basic and residential-light commercial contractors, construction, workers' compensation, insurance, and liens. (3) The commercial general contractor division shall approve an examination to ascertain the particular applicant's ability to make a practical application of his or her knowledge of the profession of commercial general contracting; the applicant's qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to the commercial general contracting business; his or her knowledge as to the responsibilities

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of a commercial general contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to commercial general contractors, construction, workers' compensation, insurance, surety bonding, and liens. (4) If the results of the applicant's examination are satisfactory to the appropriate division, or he or she is exempted from the examination requirement pursuant to Code Section 43-41-8, and if he or she and any affiliated business organization has met the other qualifications and requirements set forth in this Code section, then the appropriate division shall issue to the applicant a license to engage in business as a residential or commercial general contractor in this state, as provided in such license, in his or her own name as a sole proprietor or as a qualifying agent for the affiliated business organization and in the name of such business organization, pursuant to and in accordance with the requirements set forth in Code Section 43-41-9. A residential contracting license shall indicate for which of the two subcategories, residential-basic or residential-light commercial, the licensee is qualified. (g) Any otherwise qualified applicant failing any examination required under this Code section may be reexamined at any regularly scheduled examination without need to resubmit an application, unless any information set forth in the previously submitted application is no longer accurate or complete. (h) A residential contractor license, indicating whether relating to the residential-basic or residential-light commercial category, or commercial general contractor license shall be issued to an applicant who successfully completes the respective requirements therefor upon the payment of fees prescribed by the board. (i) Such licenses shall be renewable biennially. Licenses may be renewed subsequent to their expiration within six months of the date of expiration by submitting a renewal as prescribed by the board and paying a late renewal fee as determined by the board. After six months have elapsed from the date of expiration, such license may be reinstated in accordance with the rules and regulations of the board. (j) The division director shall give advance notice to each person holding a license under this chapter of the date of the expiration of the certificate of registration and the amount of the fee required for renewal at least one month prior to the expiration date, but the failure to receive such notice shall not avoid the expiration of any license not renewed in accordance with this Code section. (k) As a condition of renewal, the appropriate division may require licensees to complete division approved continuing education of not more than three hours annually for a residential-basic contractor license, six hours annually for a residential-light commercial contractor license, and eight hours annually for a commercial general contractor license."

SECTION 4. Said chapter is further amended in Code Section 43-41-16, relating to grounds for revocation of license, authorized action by division in event of wrongdoing, interest and penalties, and

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continuing education as requirement for resumption of standing, by revising subsection (a) as follows:
"(a) The board shall have the authority to refuse to grant a license to an applicant or to revoke the license of a person licensed by the board or to discipline a person licensed by the board upon a finding by a majority of the board that the applicant or licensee has committed any of the following acts:
(1) Obtaining a license by fraud or misrepresentation or otherwise knowingly giving false or forged evidence to the board or its divisions; (2) Being convicted or found guilty of or entering a plea of guilty or nolo contendere to a criminal act constituting a felony in any jurisdiction which directly relates to the practice of residential or commercial general contracting or the ability to practice contracting; (3) Performing any act which assists a person or entity in the prohibited unlicensed practice of contracting if the licensee knows or has reasonable grounds to know that the person or entity is unlicensed; (4) Knowingly combining or conspiring with an unlicensed person by allowing his or her license to be used with the intent to evade the provisions of this chapter. When an individual license holder allows his or her license to be used to qualify one or more business organizations, including where such qualifying agent for a person engaged in general contracting does not actually possess and exercise the power and authority required of a qualifying agent under Code Sections 43-41-2 and 43-41-9, such act constitutes prima-facie evidence of an intent to evade the provisions of this chapter; (5) Failing in any material respect to comply with the provisions of this chapter or violating a rule, regulation, or lawful order of the board or its divisions; (6) Abandoning a construction project in which the contractor who is the individual license holder or a business organization for whom the license holder is a qualifying agent is engaged or under contract as a residential or commercial general contractor. A project may be presumed abandoned after 90 days if the contractor has ceased work on or terminated performance on the project without just cause and without proper notification to the owner, including the reason for the termination, cessation, or abandonment; (7) Signing a statement with respect to a project or contract falsely indicating that the work is bonded; knowingly and falsely indicating by written statement issued to the owner that payment has been made for all subcontracted work, labor, and materials and for all materials furnished and installed which statement is reasonably relied upon and actually results in a financial loss to the owner; or falsely indicating that workers' compensation and general liability insurance are provided; (8) Committing fraud or deceit in the practice of contracting, including falsely advertising, representing, or holding himself or herself or an affiliated business organization out as having a valid and current license under this chapter;

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(9) Committing gross negligence, repeated or persistent negligence, or negligence resulting in a significant danger to life or property; (10) Proceeding on any job without obtaining applicable local building permits and inspections; (11) Using or attempting to use a license that has expired or has been suspended or revoked; (12) Knowingly or intentionally engaging any subcontractor to perform work within the scope of the general or residential construction contract which requires a license under Chapter 14 of this title who does not possess a current and valid license for such work; (13) Failing to satisfy within a reasonable time the terms of a final civil judgment obtained against the licensee or the business organization qualified by the licensee relating to the practice of the licensee's profession; or (14) Knowingly entering into a contractual arrangement, whether oral or written, for or otherwise permitting the use of his or her license issued under this chapter by an individual who is not licensed in accordance with this chapter or by a business entity that has not been authorized under the provisions of this chapter to lawfully engage in contracting or perform the functions of a contractor."

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Approved May 9, 2025.

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GENERAL PROVISIONS OFFICIAL CODE OF GEORGIA ANNOTATED; PROVISIONS CREATING CERTAIN BOARDS, PANELS, AUTHORITIES,
CENTERS, COMMISSIONS, COMMITTEES, COUNCILS, TASK FORCES, AND OTHER SUCH BODIES; UPDATE AND MODERNIZE.

No. 92 (Senate Bill No. 96).

AN ACT

To amend various titles of the Official Code of Georgia Annotated so as to modernize and update provisions creating certain boards, panels, authorities, centers, commissions, committees, councils, task forces, and other such bodies; to revise certain provisions relating to the State Housing Trust Fund for the Homeless Commission; to repeal certain provisions relating to the Environmental Advisory Council; to repeal certain provisions relating to the Jekyll Island Citizens Resource Council; to revise certain provisions relating to the Erosion

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and Sediment Control Overview Council; to repeal certain provisions related to the Stakeholder Advisory Board; to repeal certain provisions relating to the Governor's Office for Children and Families; to revise certain provisions relating to the Georgia Firefighters Standards and Training Council; to repeal certain provisions relating to the Georgia Volunteer Fire Service Council; to repeal certain provisions relating to the Georgia Palliative Care and Quality of Life Advisory Council; to revise certain provisions relating to the Office of Health Strategy and Coordination; to revise and repeal certain provisions relating to the Georgia Council on Lupus Education and Awareness; to revise certain provisions relating to the Georgia Emergency Management and Homeland Security Agency; to repeal certain provisions relating to the Board of Homeland Security; to revise certain provisions relating to the Georgia Vocational Rehabilitation Services Board; to repeal certain provisions relating to the Employment First Georgia Council; to repeal certain provisions relating to the Georgia State Games Commission; to repeal certain provisions relating to the Lottery Retailer Advisory Board; to make conforming changes throughout the Code; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I State Housing Trust Fund for the Homeless Commission
SECTION 1-1.

Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by revising subsection (a) of Code Section 8-3-306, relating to commission established and membership, as follows:
"(a)(1) There is established the State Housing Trust Fund for the Homeless Commission which shall consist of eleven members. Two of the eleven members shall be the commissioner of community affairs, or his or her designee, and either the chairperson of the Board of Community Affairs or a member of the Board of Community Affairs designated by the chairperson. The Governor shall appoint five of the public members and the President of the Senate and the Speaker of the House of Representatives shall each appoint two of the public members. The public members shall be knowledgeable in the area of housing and, to the extent practicable, shall represent diverse housing concerns.
(2)(A) Public members shall serve for a term of four years except as provided in subparagraphs (C) and (D) of this paragraph. Public members shall continue in office until their successors have been appointed and qualified. In the event of a vacancy in the office of a public member by death, resignation, or otherwise, the appointing authority shall appoint a successor to serve the balance of the unexpired term. (B) The terms of the five public members appointed by the Governor pursuant to paragraph (1) of this subsection shall begin on August 23, 2025.

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(C) The terms of the two public members appointed by the President of the Senate pursuant to paragraph (1) of this subsection shall begin on August 23, 2025. One of such members and his or her successors shall serve terms of four years and one of such members and his or her successors shall serve terms of two years. (D) The terms of the two public members appointed by the Speaker of the House of Representatives pursuant to paragraph (1) of this subsection shall begin on August 23, 2025. One of such members and his or her successors shall serve terms of four years and one of such members and his or her successors shall serve terms of two years. (3) Membership on the commission does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership."

PART II Environmental Advisory Council
SECTION 2-1.

Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by revising subsection (b) of Code Section 12-2-2, relating to Environmental Protection Division, Environmental Advisory Council, duties of council and its members and director, appeal procedures generally, permit applications, and inspections, as follows:
"(b) The division shall have a director who shall be both appointed and removed by the Board of Natural Resources with the approval of the Governor. The director shall appoint an assistant director of the division. The director and the assistant director shall be qualified professionals, competent in the field of environmental protection. The director and the assistant director shall be in the unclassified service. In the event of a vacancy in the office of the director or in his or her absence or if he or she is disabled, the assistant director shall perform all the duties of the director. The director shall be responsible for enforcing the environmental protection laws of Georgia. The director shall hire the personnel for the division and shall supervise, direct, account for, organize, plan, and execute the functions vested in the division."

SECTION 2-2. Any assets of the Environmental Advisory Council existing as of June 30, 2025, shall devolve by operation of law and without further action to the State of Georgia on July 1, 2025. Any liabilities and obligations of the Environmental Advisory Council existing as of June 30, 2025, shall be transferred to and assumed by the State of Georgia, by such instruments as may be required to maintain the same.

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PART III Jekyll Island Citizens Resource Council
SECTION 3-1.

Said title is further amended by repealing Code Section 12-3-233.1, relating to Jekyll Island Citizens Resource Council, purpose, members, meetings, and reimbursement for expenses.

SECTION 3-2. Any assets of the Jekyll Island Citizens Resource Council existing as of June 30, 2025, shall devolve by operation of law and without further action to the State of Georgia on July 1, 2025. Any liabilities and obligations of the Jekyll Island Citizens Resource Council existing as of June 30, 2025, shall be transferred to and assumed by the State of Georgia, by such instruments as may be required to maintain the same.

PART IV Stakeholder Advisory Board
SECTION 4-1.

Said title is further amended by revising subsection (f) of Code Section 12-7-7.1, relating to erosion and sediment control plan prepared, completion, and implementation, as follows:
"(f)(1) There shall be an Erosion and Sediment Control Overview Council which shall approve the Manual for Erosion and Sediment Control in Georgia prior to publication by the commission. In addition, the council shall provide guidance on the best management practices for implementing any erosion and sediment control plan for purposes of this Code section. The council shall be composed of nine members, including one member of the House of Representatives who shall be appointed by the Speaker of the House of Representatives and serve at the pleasure thereof; one member of the Senate who shall be appointed by the President of the Senate and serve at the pleasure thereof; and seven members who shall be appointed by the Governor and serve at the pleasure thereof, including one employee each from the Department of Transportation, the Environmental Protection Division of the Department of Natural Resources, and the State Road and Tollway Authority, a professional engineer licensed to practice in this state from a private engineering consulting firm practicing environmental engineering, one representative of the highway contracting industry certified by the Department of Transportation, one representative of the electric utility industry, and a chairperson. The council shall meet as necessary to approve any subsequent changes or updates to the manual prior to its implementation. Such meetings shall be held at the call of the chairperson. Each council member shall receive a daily allowance in the amount specified in subsection (b) of Code Section 45-7-21; provided, however, that any full-time state employee serving on the council shall draw no compensation but shall receive necessary expenses. The

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commissioner is authorized to pay such compensation and expenses from department funds. (2) The Erosion and Sediment Control Overview Council may develop recommendations governing the preparation of plans and the installation and maintenance of best management practices. If a dispute concerning the requirements of this Code section should arise, the Erosion and Sediment Control Overview Council shall mediate the dispute. (3) The Erosion and Sediment Control Overview Council shall establish, evaluate, and maintain the education and training programs established pursuant to Code Section 12-7-19, including, but not limited to, reviewing course curricula, educational materials, and exam and testing procedures; evaluating trainer and instructor qualifications; and reviewing audit results performed by the commission."

SECTION 4-2. Said title is further amended by revising Code Section 12-7-19, relating to education and training requirements, required programs, instructor qualifications, and expiration of certification, as follows:
"12-7-19. (a)(1) Persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements, dependent on his or her level of involvement with the process, as developed by the commission in accordance with this Code section and in consultation with the division and the Erosion and Sediment Control Overview Council created pursuant to Code Section 12-7-7.1. (2) On or after May 14, 2007, for each site on which land-disturbing activity occurs, each entity or person acting as either a primary, secondary, or tertiary permittee, as defined in the state general permit, shall have as a minimum one person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or person and meets the applicable education or training certification requirements developed by the commission present on site whenever land-disturbing activities are conducted on that site. A project site shall herein be defined as any land disturbance site or multiple sites within a larger common plan of development or sale permitted by an owner or operator for compliance with the state general permit. (3) Persons or entities involved in projects not requiring a state general permit but otherwise requiring certified personnel on site may contract with certified persons to meet the requirements of this chapter. (4) If a state general permittee who has operational control of land-disturbing activities for a site has met the certification requirements of paragraph (1) of subsection (b) of this Code section, then any person or entity involved in land-disturbing activity at that site and operating in a subcontractor capacity for such permittee shall have until December 31, 2007, to meet those educational requirements specified in paragraph (4)

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of subsection (b) of this Code section and shall not be required to meet any educational requirements that exceed those specified in said paragraph. (b) No less than the following training programs shall be established: (1) A fundamentals seminar (Level 1) will be established which provides sufficient training to all participants as to the applicable laws, requirements, processes, and latest means and methods recognized by this state to effectively control erosion and sedimentation; (2) An advanced fundamentals seminar (Level 1) will be established which provides additional details of installation and maintenance of best management practices for both regulatory and nonregulatory inspectors and others; (3) An introduction to design seminar (Level 2) will be established which provides required training to design and review a successful erosion, sedimentation, and pollution control plan; (4) An awareness seminar (Level 1) will be established which does not exceed two hours in duration and which provides information regarding the erosion and sediment control practices and processes in the state and which will include an overview of the systems, laws, and roles of the participants; and (5) A trainer and instructor seminar will be established for both Level 1 and Level 2 trainers and instructors which will provide the minimum training as to applicable laws and best management practices and design of erosion, sedimentation, and pollution control plans in this state. (c) Trainer and instructor qualifications will be established with the following minimum requirements: (1) Level 1 trainers and instructors shall meet at least the following minimum requirements and any other requirements as set by the commission:
(A) Education: four-year college degree or five years' experience in the field of erosion and sediment control; (B) Experience: five-years' experience in the field of erosion and sediment control. Where years of experience is used in lieu of the education requirement of subparagraph (A) of this paragraph, a total of ten years' field experience is required; (C) Approval by the commission and the Erosion and Sediment Control Overview Council; and (D) Successful completion of the Level 1 trainer and instructor seminar found in paragraph (5) of subsection (b) of this Code section; and (2) Level 2 trainers and instructors shall meet at least the minimum requirements of a Level 1 trainer or instructor, any other requirements as set by the commission, and successful completion of the Level 2 trainer and instructor seminar created under paragraph (5) of subsection (b) of this Code section. (d) In addition to the requirements of subsection (c) of this Code section, the commission shall establish and any person desirous of holding certification must obtain a passing grade, as established by the Erosion and Sediment Control Overview Council, on a final exam

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covering the material taught in each mandatory seminar; provided, however, that there shall be no final exam requirement for purposes of paragraph (4) of subsection (b) of this Code section. Final exams may, at the discretion of the commission, serve in lieu of attendance at the seminar. Any person shall be authorized to administer a final examination for any seminar for which he or she was the instructor.
(e)(1) A certification provided by achieving the requirements established by the commission shall expire no later than three years after its issuance. (2) A certified individual shall be required to attend and participate in at least four hours of approved continuing education courses, as established by the commission, every three years. (3) A certification may be extended or renewed by meeting requirements established by the commission. (4) Revocation procedures may be established by the commission in consultation with the division and the Erosion and Sediment Control Overview Council.

SECTION 4-3. Said title is further amended by repealing Code Section 12-7-20, relating to creation of stakeholder advisory board, responsibilities, and procedures, and designating said Code section as reserved.

PART V Governor's Office for Children and Families
SECTION 5-1.

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising subsection (a) of Code Section 15-5-81, relating to advisory council commission, as follows:
"(a) There shall be an advisory council to the Georgia Courts Automation Commission. The advisory council shall consist of the director of the Georgia Bureau of Investigation or the director's designee, the commissioner of corrections or the commissioner's designee, the commissioner of community supervision or the commissioner's designee, the commissioner of public safety or the commissioner's designee, the chairperson of the State Board of Pardons and Paroles or the chairperson's designee, the director of the Administrative Office of the Courts or the director's designee, the director of the Criminal Justice Coordinating Council or the director's designee, and the executive director of the Georgia Technology Authority or the executive director's designee."

SECTION 5-2. Said title is further amended by revising subsection (f) of Code Section 15-11-504, relating to place of detention and data on child detained, as follows:
"(f) All facilities shall maintain data on each child detained and such data shall be recorded and retained by the facility for three years and shall be made available for inspection during

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normal business hours by any court exercising juvenile court jurisdiction, by DJJ, by the Criminal Justice Coordinating Council, by the Administrative Office of the Courts, and by the Council of Juvenile Court Judges. Such data shall be used by the inspecting agency for official purposes and shall not be subject to release by such agency pursuant to Article 4 of Chapter 18 of Title 50, nor subject to subpoena. The required data are each detained child's:
(1) Name; (2) Date of birth; (3) Sex; (4) Race; (5) Offense or offenses for which such child is being detained; (6) Date of and authority for confinement; (7) Location of the offense and the name of the school if the offense occurred in a school safety zone, as defined in Code Section 16-11-127.1; (8) The name of the referral source, including the name of the school if the referring source was a school; (9) The score on the detention assessment; (10) The basis for detention if such child's detention assessment score does not in and of itself mandate detention; (11) The reason for detention, which may include, but shall not be limited to, preadjudication detention, detention while awaiting a postdisposition placement, or serving a short-term program disposition; (12) Date of and authority for release or transfer; and (13) Transfer or to whom released."

SECTION 5-3. Said title is further amended by revising subsection (d) of Code Section 15-11-704, relating to public inspection of court files and records and use in subsequent juvenile or criminal prosecution, as follows:
"(d) A judge shall permit authorized representatives of DJJ, the Criminal Justice Coordinating Council, the Administrative Office of the Courts, and the Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on children and to make copies pursuant to the order of the court. Such data shall be used by the inspecting agency for official purposes and shall not be subject to release by such agency pursuant to Article 4 of Chapter 18 of Title 50, nor subject to subpoena."

SECTION 5-4. Said title is further amended by revising subsection (d) of Code Section 15-11-708, relating to separation of juvenile and adult records for law enforcement, inspection, and limited fingerprint access, as follows:

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"(d) The court shall allow authorized representatives of DJJ, the Criminal Justice Coordinating Council, the Administrative Office of the Courts, and the Council of Juvenile Court Judges to inspect and copy law enforcement records for the purpose of obtaining statistics on children. Such data shall be used by the inspecting agency for official purposes and shall not be subject to release by such agency pursuant to Article 4 of Chapter 18 of Title 50, nor subject to subpoena."

SECTION 5-5. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising paragraph (3) of subsection (b) of Code Section 49-4A-2, relating to Board of Juvenile Justice created, membership, appointment, terms, chairperson, and duties, as follows:
"(3) Ensure that detention assessment, risk assessment, and risk and needs assessment instruments that are utilized by intake personnel and courts are developed in consultation with the Criminal Justice Coordinating Council and the Council of Juvenile Court Judges and ensure that such instruments are validated at least every five years;"

SECTION 5-6. Said title is further amended by revising paragraph (1) of subsection (n) of Code Section 49-4A-8, relating to commitment of delinquent children and procedures, as follows:
"(n)(1) The department shall conduct a continuing inquiry into the effectiveness of treatment methods it employs in seeking the rehabilitation of maladjusted children. To this end, the department shall maintain a statistical record of arrests and commitments of its wards subsequent to their discharge from the jurisdiction and control of the department and shall tabulate, analyze, and publish annually in print or electronically these data so that they may be used to evaluate the relative merits of methods of treatment. The department shall cooperate and coordinate with courts, juvenile court clerks, the Criminal Justice Coordinating Council, and public and private agencies in the collection of statistics and information regarding:
(A) Juvenile delinquency; (B) Arrests made; (C) Detentions made, the offense for which such detention was authorized, and the reason for each detention; (D) Complaints filed; (E) Informations filed; (F) Petitions filed; (G) The results of complaints, informations, and petitions, including whether such filings were dismissed, diverted, or adjudicated; (H) Commitments to the department, the length of such commitment, and releases from the department; (I) The department's placement decisions for commitments;

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(J) Placement decisions to institutions, camps, or other facilities for delinquent children operated under the direction of courts or other local public authorities; (K) Community programs utilized and completion data for such programs; (L) Recidivism; (M) Data collected by juvenile court clerks pursuant to Code Section 15-11-64; and (N) Other information useful in determining the amount and causes of juvenile delinquency in this state."

SECTION 5-7. Said title is further amended in Article 6 of Chapter 5, relating to programs and protections for children, by repealing Part 1, relating to Governor's Office for Children and Families, and designating said part as reserved.

SECTION 5-8. Said title is further amended by revising subsection (b) of Code Section 49-5-155, relating to effect of article on Department of Juvenile Justice and office as recipient entity for federal grants, as follows:
"(b) Other than the Department of Juvenile Justice, the Criminal Justice Coordinating Council shall be the only other authorized controlling recipient entity for grants under the United States Department of Justice Juvenile Justice Delinquency and Prevention Grants."

SECTION 5-9. Said title is further amended by replacing "Governor's Office for Children and Families", with "Department of Human Services" wherever the former occurs in Code Section 49-5-156, relating to the "Georgia Mentoring Act of 2000."

SECTION 5-10. Said title is further amended by repealing Code Section 49-5-227, relating to Governor's Office for Children and Families to comment on plan for Coordinated System of Care and provide recommendations.

SECTION 5-11. Any assets of the Governor's Office for Children and Families existing as of June 30, 2025, shall devolve by operation of law and without further action to the State of Georgia on July 1, 2025. Any liabilities and obligations of the Governor's Office for Children and Families existing as of June 30, 2025, shall be transferred to and assumed by the State of Georgia, by such instruments as may be required to maintain the same.

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PART VI Georgia Volunteer Fire Service Council
SECTION 6-1.

Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by revising paragraph (2) of Code Section 25-3-21, relating to definitions, as follows:
"(2)(A) 'Fire department' means any fire department, including, but not limited to, a fire department solely utilizing volunteer firefighters, which is authorized to exercise the general and emergency powers enumerated in Code Sections 25-3-1 and 25-3-2. (B) 'Fire department' also means any department, agency, organization, or company operating in this state with the intent and purpose of carrying out the duties, functions, powers, and responsibilities normally associated with a fire department. These duties, functions, powers, and responsibilities include, but are not limited to, the protection of life and property against fire, explosions, or other hazards."

SECTION 6-2. Said title is further amended by revising Code Section 25-3-22, relating to notification and documentation that fire department meets requirements and issuance of certificate of compliance, as follows:
"25-3-22. In order for a fire department to be legally organized to operate in the State of Georgia, the chief administrative officer of the fire department shall notify and submit all required documentation to the executive director that demonstrates that the organization meets the minimum requirements specified in Code Section 25-3-23 and the rules and regulations of the Georgia Firefighter Standards and Training Council to function as a fire department. If the executive director is satisfied that such fire department meets the minimum requirements contained in Code Section 25-3-23 and the rules and regulations of the Georgia Firefighter Standards and Training Council, he or she shall recommend to the Georgia Firefighter Standards and Training Council that a certificate of compliance be issued by the council to the fire department. If the council issues such certificate of compliance, the fire department shall be authorized to exercise the general and emergency powers set forth in Code Sections 25-3-1 and 25-3-2."

SECTION 6-3. Said title is further amended by revising subsections (a) and (c) of Code Section 25-3-23, relating to general requirements, equipment and clothing, and insurance, as follows:
"(a) Except as otherwise provided in subsection (c) of this Code section, in order to be legally organized:
(1) A fire department shall comply with the following requirements:

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(A) Be established to provide fire and other emergency and nonemergency services in accordance with standards specified by the Georgia Firefighter Standards and Training Council and the applicable local government; (B) Be capable of providing fire protection 24 hours a day, 365 days per year; (C) Be responsible for a defined area of operations depicted on a map located at the fire station, which area of operations shall have been approved and designated by the governing authority of the applicable county, municipality, or other political subdivision in the case of any county or municipal fire department or any fire department solely utilizing volunteer firefighters; and (D) Be staffed with a sufficient number of firefighters who have successfully completed basic firefighter training as specified by the Georgia Firefighter Standards and Training Council; and (2) A fire department shall possess the following items of approved equipment and protective clothing: (A) A minimum of one fully equipped, operable pumper with a capacity of at least 750 GPM at 150 PSI and a tank capacity of a minimum of 250 gallons; provided, however, that previously approved fire apparatus which does not meet such minimum standards may be used in lieu of the minimum required pumper until replaced by the local authority; (B) A minimum of equipment, appliances, adapters, and accessories necessary to perform and carry out the duties and responsibilities of a fire department set forth in Code Sections 25-3-1 and 25-3-2 as approved by the Georgia Firefighter Standards and Training Council; (C) A minimum of two approved self-contained breathing apparatus for each pumping apparatus as approved by the Georgia Firefighter Standards and Training Council; and (D) A minimum issue of sufficient personal protective clothing to permit each member to perform safely the duties of a firefighter." "(c) The Georgia Firefighter Standards and Training Council shall be authorized to adopt such rules and regulations for all fire departments as are reasonable and necessary to implement the provisions of this Code section and to establish and modify minimum requirements for all fire departments operating in this state, provided that such requirements are equal to or exceed the requirements provided in subsections (a) and (b) of this Code section."

SECTION 6-4. Said title is further amended by revising Code Section 25-3-25, relating to suspension or revocation of certification of compliance, hearing by aggrieved departments, and enforcement of suspensions or revocations, as follows:
"25-3-25. (a) Any certificate of compliance issued by the Georgia Firefighter Standards and Training Council shall be subject to suspension or revocation by such council at any time it receives

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satisfactory evidence that the fire department is not maintaining sufficient personnel, equipment, or insurance required by Code Section 25-3-23, or the rules and regulations of the Georgia Firefighter Standards and Training Council, pursuant to subsection (c) of Code Section 25-3-23. (b) The chief administrative officer of any fire department aggrieved by a decision of the Georgia Firefighter Standards and Training Council, under subsection (a) of this Code section may, within 30 days of the date of such decision, request a hearing on the matter before such council. Following a hearing before the council, the chief administrative officer of the fire department affected shall be served with a written decision of the council announcing whether the certificate of compliance shall remain revoked or suspended or whether it shall be reinstated. (c) The Georgia Firefighters Standards and Training Council shall not suspend or revoke any certificate of compliance for failure to meet firefighter training requirements when such failure was due to unavailability of required training from or through the Georgia Fire Academy. (d) The Georgia Firefighters Standards and Training Council may refer suspensions or revocations to the Attorney General for enforcement. Upon referral from the council, the Attorney General may bring a civil action to enjoin any organization which is not in compliance with the requirements of this chapter from performing any or all firefighting functions until such requirements are met by such organization."

SECTION 6-5. Said title is further amended by revising Code Section 25-4-2, relating to definitions relative to firefighter standards and training, as follows:
"25-4-2. As used in this chapter, the term:
(1) 'Airport' means any airport located in this state which has regularly scheduled commercial air carrier service or commuter airline service as required for certification under Section 139.49 of the Federal Aviation Administration regulations. (2) 'Airport firefighter' means any person assigned to any airport located in this state who performs the duties of aircraft fire fighting or rescue. (3) 'Candidate' means a prospective firefighter who has not yet been certified by the council as having met the requirements of this chapter. (4) 'Certified firefighter' or 'state certified firefighter' means any firefighter who has been certified by the council as having met the requirements of this chapter. (5) 'Council' means the Georgia Firefighter Standards and Training Council. (5.1) 'Fire department' shall have the same meaning as set forth in Code Section 25-3-21. (6) 'Firefighter' means a recruit or a trained individual who is a full-time employee, part-time employee, or volunteer for a municipal, county, state, or private incorporated fire department and as such has duties of responding to mitigate a variety of emergency and nonemergency situations where life, property, or the environment is at risk, which

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may include, without limitation, fire suppression; fire prevention activities; emergency medical services; hazardous materials response and preparedness; technical rescue operations; search and rescue; disaster management and preparedness; community service activities; response to civil disturbances and terrorism incidents; nonemergency functions, including training, preplanning, communications, maintenance, and physical conditioning; and other related emergency and nonemergency duties as may be assigned or required; provided, however, that a firefighter's assignments may vary based on geographic, climatic, and demographic conditions or other factors, including training, experience, and ability. Such term includes an airport firefighter. (7) 'Full-time' means employed for compensation on a basis of at least 40 hours per week by any municipal, county, state, or private incorporated fire department. (8) 'Part-time' means employed for compensation on less than a full-time basis by any municipal, county, state, or private incorporated fire department. (8.1) 'Recruit' means a prospective firefighter who has not yet been certified or registered by the council as having met the requirements of Code Section 25-4-8 and the rules and regulations to be a firefighter as provided for by the council. (9) 'Volunteer' means not employed for compensation on an hourly or salaried basis, but appointed and regularly enrolled to serve as a firefighter for any municipal, county, state, or private incorporated fire department."

SECTION 6-6. Said title is further is amended by revising subsection (b) of Code Section 25-4-3, relating to establishment of Georgia Firefighter Standards and Training Council, as follows:
"(b) The members of the council appointed by the Governor pursuant to subsection (a) of this Code section shall be appointed at the sole discretion of the Governor; provided, however, that at least one member appointed by the Governor shall be a representative of a volunteer fire department. For the remaining members of the council to be appointed by the Governor, the Governor may consider persons suggested as follows:
(1) The Association County Commissioners of Georgia may suggest the names of three persons for each appointment pursuant to paragraph (1) of subsection (a) of this Code section; (2) The Georgia Municipal Association may suggest the names of three persons for each appointment pursuant to paragraph (2) of subsection (a) of this Code section; (3) The Georgia City and County Management Association may suggest the names of three persons for each appointment pursuant to paragraph (3) of subsection (a) of this Code section; (4) The Georgia Association of Fire Chiefs may suggest the names of three persons for each appointment pursuant to paragraph (4) of subsection (a) of this Code section; and (5) The Executive Board of the Georgia State Firemen's Association may suggest the names of three persons for each appointment pursuant to paragraph (5) of subsection (a) of this Code section."

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SECTION 6-7. Said title is further is amended by repealing Code Section 25-4-3.1, relating to establishment of Georgia Volunteer Fire Service Council.

SECTION 6-8. Said title is further amended by revising Code Section 25-4-4, relating to eligibility of council and volunteer council members for public office, as follows:
"25-4-4. 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 6-9. Said title is further amended by revising Code Section 25-4-5, relating to administrative assignment to Department of Public Safety, source of funds, and authority to accept gifts and other items of value, as follows:
"25-4-5. The council is assigned to the Department of Public Safety for administrative purposes. The funds necessary to carry out this chapter shall come from funds appropriated to and available to the council and from any other available funds. The council is authorized to accept and use gifts; grants; donations; property, both real and personal; and services for the purpose of carrying out this chapter. "

SECTION 6-10. Said title is further revised by amending Code Section 25-4-6, relating to meetings, quorum, and annual reporting of council and volunteer council, as follows:
"25-4-6. The business of the council shall be conducted in the following manner: (1) The council shall hold at least two regular meetings each year at the call of the chairperson or upon the written request of six members of the council. Six members of the council shall constitute a quorum. The council shall adopt such rules for the transaction of its business as it shall desire and may appoint such committees as it considers necessary to carry out its business and duties; and (2) The council shall make an annual report of its activities to the Governor and to the General Assembly and shall include in such report its recommendations for appropriate legislation. The council shall not be required to distribute copies of such report to the members of the General Assembly but shall notify the members of the availability of the report in the manner it deems to be most effective and efficient."

SECTION 6-11. Said title is further amended by revising Code Section 25-4-7, relating to functions and powers of council and volunteer council, as follows:

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"25-4-7. The council is vested with the following functions and powers: (1) To promulgate rules and regulations for the administration of the council; (2) To provide rules of procedure for its internal management and control; (3) To enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to this chapter; (4) To establish uniform minimum standards for the employment and training of firefighters, fire and life safety educators, fire inspectors, fire investigators, and other such firefighting service professionals as determined by the council, including qualifications, certifications, recertifications, decertifications, and probations for certified individuals and suspensions for noncertified individuals, and requirements, which are consistent with this chapter; (5) To establish minimum curriculum requirements for schools operated by or for any employing agency for the specific purpose of training firefighters, fire and life safety educators, fire inspectors, and fire investigators; (6) To approve institutions and facilities for school operation by or for any employing agency for the specific purpose of training firefighters; (7) To make or support studies on any aspect of firefighter education and training or recruitment; (8) To make recommendations concerning any matter within its purview; (9) To establish basic firefighter training requirements; (10) To certify any person satisfactorily complying with the training program established in accordance with paragraph (9) of this subsection and the qualifications for employment covered in this chapter; and (11) To issue a certificate to any person who has received training in another state or who has received training as a federal firefighter by the United States government, when the council has determined that the training was at least equivalent to that required by the council for approved firefighter education and training programs in this state and when the person has satisfactorily complied with all other requirements of this chapter."

SECTION 6-12. Said title is further amended by revising Code Section 25-4-7.1, relating to appointment of executive director and employment of other personnel, as follows:
"25-4-7.1. (a) The council shall appoint and establish the compensation of an executive director who shall serve at the pleasure of the council. (b) The executive director may contract for such services and employ such other professional, technical, and clerical personnel as may be necessary and convenient to carry out the purposes of this chapter."

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SECTION 6-13. Said title is further amended by revising subsection (c) of and adding a new subsection to Code Section 25-4-8, relating to qualifications of firefighters generally, to read as follows:
"(c)(1) For the purposes of making determinations relating to eligibility of full-time or part-time firefighters under this Code section, a local fire department shall provide information relative to prospective employees to the local law enforcement agency and a state fire department shall provide information relative to prospective employees to a state law enforcement agency. Such local or state law enforcement agency shall be authorized to obtain conviction data with respect to such prospective employees of a local or state fire department as authorized in this subsection. The local or state law enforcement agency shall submit to the Georgia Crime Information Center two complete sets of fingerprints of the applicant for employment, the required records search fees, and such other information as may be required. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the local or state law enforcement agency in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. All conviction data received by the local or state law enforcement agency shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except as provided in this subsection and except to any person or agency which otherwise has a legal right to inspect the employment file. All such records shall be maintained by the local or state law enforcement agency pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this subsection, the term 'conviction data' means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (2) The local or state law enforcement agency shall provide to the chief of the fire department which requested information on an applicant for employment any criminal data indicating that the applicant was convicted of a felony. Such information may be provided to the council. The provisions of paragraph (1) of this subsection relating to privileged information and records of conviction data shall apply to any information provided by a law enforcement agency to a fire department under this subsection. (d)(1) For purposes of making determinations relating to eligibility of volunteer firefighters under this Code section, a local fire department shall provide information relative to prospective volunteers to the local law enforcement agency or other agency having access to the Georgia Crime Information Center to determine if a prospective volunteer has been convicted of a felony in this state. Such local agency or other agency shall be authorized to obtain conviction data with respect to prospective volunteers of a

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local volunteer fire department as authorized in this subsection. All conviction data received by the local agency or other agency shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except as provided in this subsection and except to any person or agency which otherwise has a legal right to inspect the file. All such records shall be maintained by the local agency or other agency pursuant to laws regarding such records and the rules and regulations of the Georgia Crime Information Center, as applicable. As used in this subsection, the term 'conviction data' means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (2) The council shall create a form upon which may be indicated only whether a prospective volunteer was convicted of a felony or has no felony convictions. The local agency shall complete and provide such form to the chief of the fire department which requested information on a prospective volunteer. Such information may be provided to the council. The provisions of paragraph (1) of this subsection relating to privileged information and records of conviction data shall apply to any information provided by a local agency or other agency to a local fire department under this subsection."

SECTION 6-14. Said title is further amended by repealing Code Section 25-4-8.1, relating to qualifications for volunteer firefighters.

SECTION 6-15. Said title is further amended by revising Code Section 25-4-9, relating to basic firefighter training course and transfer of certification, as follows:
"25-4-9. (a)(1)(A) Except as otherwise provided in paragraph (2) of this subsection, full-time, and part-time firefighters shall successfully complete a basic training course. The council shall determine the course content, number of hours, and all other matters relative to basic firefighter training, including airport rescue firefighter training. Upon satisfactory completion of such basic training, a firefighter shall be issued a certificate of completion. Each firefighter shall be required to successfully complete such basic training course within 12 months after being employed or appointed as a firefighter or, in the case of airport firefighters, within such time period as the council may prescribe by rule or regulation. (B) The council shall determine the course content, number of hours, and all other matters relative to basic firefighter training for volunteer firefighters. Each volunteer firefighter shall be required to complete such basic training course within 18 months after being appointed as volunteer firefighter.
(2) Each firefighter who presents to the council, satisfactory documentation, as determined by the council of his or her training as a member of the United States armed

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forces, the Georgia National Guard, or the Georgia Air National Guard shall be issued a certificate of completion by the council. (b) A firefighter certified by the council may, upon termination of employment or volunteer arrangement from any fire department and upon agreement with a subsequent fire department, transfer such certification to the subsequent fire department for the purpose of employment or volunteering. (c) Notwithstanding the provisions of subsection (b) of this Code section, any local fire department may refuse to accept the transfer of previously acquired certification and may require any new firefighter who is an employee or a volunteer to complete the basic training course provided for in subsection (a) of this Code section."

SECTION 6-16. Said title is further amended by revising Code Section 25-4-10, relating to mandatory training, as follows:
"25-4-10. As a condition of continued certification, all firefighters shall train, drill, or study at schools, classes, or courses at the local, area, or state level, as specified by the council. Authorized leaves of absence are expected."

SECTION 6-17. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by revising paragraph (3) of Code Section 45-9-101, relating to definitions relative to temporary disability compensation program for law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, as follows:
"(3) 'Firefighter' means: (A) Any person who is employed as a professional firefighter on a full-time or part-time basis by any municipal, county, or state government fire department certified in writing by the Georgia Firefighter Standards and Training Council pursuant to Code Section 25-3-22 employing three or more firefighters and who has the responsibility of preventing and suppressing fires; protecting life and property; enforcing municipal, county, and state fire prevention codes; enforcing any law pertaining to the prevention and control of fires, or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property; (B) Any individual serving as an officially recognized or designated member of a legally organized volunteer fire department certified in writing by the Georgia Firefighter Standards and Training Council pursuant to Code Section 25-3-22 who performs any acts or actions while on duty and when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property; or

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(C) Any employee at the State Forestry Commission whose job duties include fire mitigation."

SECTION 6-18. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by revising subparagraph (A) of paragraph (4) of Code Section 47-7-1, relating to definitions relative to the Georgia Firefighters' Pension Fund, as follows:
"(A) A permanent, compensated employee of a fire department who in the course of his or her employment by and within a department either is a candidate for or holds a current firefighter's certificate issued under Chapter 4 of Title 25 and has as incident to his or her position of employment the principal duty of, and actually performs the function of, preventing and suppressing fires and who works at least 1,040 hours per year; provided, however, that such term shall not include persons whose primary responsibility is the performance of emergency medical services; or"

SECTION 6-19. Any assets of the Georgia Volunteer Fire Service Council existing as of June 30, 2025, shall devolve by operation of law and without further action to the State of Georgia on July 1, 2025. Any liabilities and obligations of the Georgia Volunteer Fire Service Council existing as of June 30, 2025, shall be transferred to and assumed by the State of Georgia, by such instruments as may be required to maintain the same.

PART VII Georgia Palliative Care and Quality of Life Advisory Council
SECTION 7-1.

Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising Code Section 31-7-191, relating to definitions relative to patient centered and family focused palliative care, as follows:
"31-7-191. As used in this article, the term:
(1) 'Department' means the Department of Community Health. (2) ' Healthcare facility' means hospitals; other special care units, including but not limited to podiatric facilities; skilled nursing facilities; intermediate care facilities; assisted living communities; personal care homes; ambulatory surgical or obstetrical facilities; health maintenance organizations; home health agencies; and diagnostic, treatment, or rehabilitation centers. (3) 'Palliative care' means those interventions which are intended to alleviate suffering and to achieve relief from, reduction of, or elimination of pain and of other physical, emotional, social, or spiritual symptoms of distress to achieve the best quality of life for the patients and their families."

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SECTION 7-2. Said title is further amended by repealing Code Section 31-7-192, relating to Georgia Palliative Care and Quality of Life Advisory Council, and designating said Code section as reserved.

SECTION 7-3. Said title is further amended by revising subsection (a) of Code Section 31-53-6, relating to compiling of reports and public dissemination of data by the Office of Health Strategy and Coordination, as follows:
"(a) The office shall compile reports received from the following boards, commissions, committees, councils, and offices pursuant to each such entity's respective statutory reporting requirements:
(1) The Maternal Mortality Review Committee; (2) The Hemophilia Advisory Board; (3) The Georgia Council on Lupus Education and Awareness; (4) The Georgia Trauma Care Network Commission; (5) The Behavioral Health Coordinating Council; (6) The Department of Public Health on behalf of the Georgia Coverdell Acute Stroke Registry; (7) The Office of Cardiac Care; and (8) The Brain and Spinal Injury Trust Fund Commission."

SECTION 7-4. Any assets of the Georgia Palliative Care and Quality of Life Advisory Council existing as of June 30, 2025, shall devolve by operation of law and without further action to the State of Georgia on July 1, 2025. Any liabilities and obligations of the Georgia Palliative Care and Quality of Life Advisory Council existing as of June 30, 2025, shall be transferred to and assumed by the State of Georgia, by such instruments as may be required to maintain the same.

PART VIII Georgia Council on Lupus Education and Awareness
SECTION 8-1.

Chapter 49 of Title 31 of the Official Code of Georgia Annotated, relating to Georgia Council on Lupus Education and Awareness, is amended by adding a new Code section to read as follows:
"31-49-1.1. As used in this chapter, the term:
(1) 'Commissioner' means the commissioner of public health.

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(2) 'Council' means the Georgia Council on Lupus Education and Awareness created pursuant to Code Section 31-49-2. (3) 'Department' means the Department of Public Health."

SECTION 8-2. Said chapter is further amended by revising subsections (a) and (b) of Code Section 31-49-2, relating creation of Council on Lupus Education and Awareness, membership, and organization, as follows:
"(a) There is created the Georgia Council on Lupus Education and Awareness within the department. (b) The council shall consist of six members as follows:
(1) The commissioner or the commissioner's designee as an ex officio member; (2) Three members to be appointed by the Governor. The Governor shall appoint two members to serve for one year and one to serve for two years. Thereafter, successors to such initial appointees shall serve for two years. Of these three members, one shall be a physician who treats patients with lupus and one shall be a lupus patient; (3) One member to be appointed by the Speaker of the House of Representatives to serve for two years; and (4) One member to be appointed by the Lieutenant Governor to serve for two years."

SECTION 8-3. Said chapter is further amended by revising subsection (a) of Code Section 31-49-3, relating to duties and responsibilities, as follows:
"(a) The council shall have the following duties and responsibilities: (1) To initially investigate the level of education concerning lupus in this state; (2) Based on the results of its initial investigation pursuant to paragraph (1) of this Code section, to develop information on lupus endorsed by government agencies, including, but not limited to, the National Institutes of Health and the federal Centers for Disease Control and Prevention; and (3) To make recommendations to the department regarding the distribution of funds for lupus education, awareness, and research."

SECTION 8-4. Said chapter is further amended by repealing Code Section 31-49-6, relating to donations, in its entirety.

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PART IX Board of Homeland Security
SECTION 9-1.

Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by revising subsection (e) of Code Section 38-3-20, relating to Georgia Emergency Management and Homeland Security Agency created, director, staff, offices, director's duties, and disaster coordinator, as follows:
"(e) The director, subject to the direction and control of the Governor, shall: (1) Be the executive head of the Georgia Emergency Management and Homeland Security Agency and shall be responsible to the Governor for carrying out the program for emergency management and homeland security in this state; (2) Serve as the central authority reporting to the Governor on all matters relating to homeland security; (3) Have authority over areas involving imminent or current terrorist activity within this state, including, but not limited to, leading and directing the actions of the Homeland Security Task Force and the Emergency Operations Command where such Emergency Operations Command shall not usurp the operational authority of participating agencies but shall be responsible only for coordinating the public safety response to natural disasters, homeland security activities, and other emergencies within the state; (4) Coordinate the activities of all organizations for emergency management and homeland security within the state; (5) Maintain liaison with and cooperate with emergency management agencies and organizations of other states and of the federal government; (6) Through risk and threat assessments, coordinate plans for timely and complete responses through a network of state, local, and federal organizations, including, but not limited to, the coordination of efficient and timely flow of information; (7) Be responsible for crisis and consequence management planning, including, but not limited to, measures to identify, acquire, and plan the use of resources needed to anticipate, prevent, or resolve a threat or act of terrorism; (8) Coordinate and review activities involving homeland security within any agency, authority, or entity of this state, including, but not limited to, homeland security activities found within the Department of Public Safety, the Georgia Bureau of Investigation, the Georgia National Guard, the Department of Natural Resources, the Department of Community Health, and the Department of Public Health; (9) Evaluate information developed by the criminal justice community in regard to threats or potential threats of terrorism; (10) Serve as the state's security manager for the purpose of identifying and processing state personnel for security clearances through the United States Department of Homeland Security;

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(11) Have such additional authority, duties, and responsibilities authorized by Article 1, this article, and Article 3 of this chapter as may be prescribed by the Governor and such additional authority, duties, and responsibilities as described in Article 9 of Chapter 3 of Title 35 and Part 4 of Article 2 of Chapter 5 of Title 46, the 'Georgia Emergency Telephone Number 9-1-1 Service Act of 1977,' as amended; and (12) As deemed necessary by the Governor, develop a new state-wide homeland security strategy; provided, however, that such strategy shall, in the Governor's discretion, improve the state's ability to protect against, respond to, and recover from domestic terrorism and other homeland security threats and hazards and mitigate loss of life and property by lessening the impact of future homeland security threats and hazards."

SECTION 9-2. Said chapter is further amended by repealing Article 2A, relating to Board of Homeland Security.

SECTION 9-3. Any assets of the Board of Homeland Security existing as of June 30, 2025, shall devolve by operation of law and without further action to the State of Georgia on July 1, 2025. Any liabilities and obligations of the Board of Homeland Security existing as of June 30, 2025, shall be transferred to and assumed by the State of Georgia, by such instruments as may be required to maintain the same.

PART X Employment First Georgia Council
SECTION 10-1.

Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to Georgia Vocational Rehabilitation Agency, is amended by adding new paragraphs to Code Section 49-9-1, relating to definitions, to read as follows:
"(3.1) 'Competitive integrated employment' means work, including self-employment, in the labor market performed on a full-time or part-time basis in a setting in which an individual with a disability interacts with individuals without disabilities in all aspects of the job function and for which such individual with a disability is compensated at or above the level of salary and benefits paid by the employer for the same or similar work performed by individuals without disabilities." "(4.1) 'Disability' means a permanent physical, cognitive, or behavioral condition that significantly limits one or more functions of daily living."

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SECTION 10-2. Said chapter is further amended by adding a new Code section to read as follows:
"49-9-2.1. (a) The board shall advise the Governor, General Assembly, and state agencies as to the adoption and integration of a policy that recognizes that competitive integrated employment is the first and preferred option of all state funded services provided to working age individuals with disabilities. Such policy shall be known as the Employment First Policy or Employment First. (b) The board shall have the following powers, duties, and responsibilities with respect to the Employment First Policy provided for in subsection (a) of this Code section:
(1) Develop an Employment First training plan for providers of services to individuals with disabilities; (2) Conduct educational activities to increase awareness of the Employment First Policy; (3) Evaluate the funding mechanism for services in this state for individuals with disabilities and for students attending inclusive postsecondary institutions; and (4) Make recommendations in a biannual report to the Governor and the General Assembly with regard to issues and necessary steps surrounding the adoption and implementation of the Employment First Policy, including, but not limited to:
(A) Proposed legislative or administrative changes to policies and programs that are integral to the full implementation of the Employment First Policy; (B) Proposed changes to or creation of funding mechanisms and other initiatives for services in this state for individuals with disabilities and for students attending inclusive postsecondary institutions; and (C) State-wide best practices to ensure that providers of services in this state for individuals with disabilities are facilitating competitive integrated employment in the workforce."

SECTION 10-3. Said chapter is further amended by repealing Article 3, relating to the Employment First Georgia Council.

SECTION 10-4. Any assets of the Employment First Georgia Council existing as of June 30, 2025, shall devolve by operation of law and without further action to the State of Georgia on July 1, 2025. Any liabilities and obligations of the Employment First Georgia Council existing as of June 30, 2025, shall be transferred to and assumed by the State of Georgia, by such instruments as may be required to maintain the same.

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PART XI Georgia State Games Commission
SECTION 11-1.

Article 3 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to Georgia State Games Commission, is amended by revising Code Section 50-12-40, relating to definitions, as follows:
"50-12-40. As used in this article, the term 'direct-support organization' means a Georgia nonprofit corporation organized and operated to receive, hold, invest, and administer property and to make expenditures to or for the benefit of the Georgia State Games, Olympic training facilities, and the promotion of national and international amateur sports competition."

SECTION 11-2. Said article is further amended by repealing Code Sections 50-12-41 through 50-12-44 and Code Section 50-12-48, relating to creation, purpose of article, membership, appointment, terms, chairperson, powers and duties, and annual report, respectively, relative to the Georgia State Games Commission, and designating said Code sections as reserved.

SECTION 11-3. Said article is further amended by revising Code Section 50-12-45, relating to assistance by direct-support organization, contract with organization, pattern and design of games, frequency and sites, and subsidiary corporations, as follows:
"50-12-45. The Georgia State Games shall be patterned after the Summer Olympic games with variations as necessitated by the availability of facilities, equipment, and expertise. The games shall be designed to encourage the participation of athletes representing a broad range of age groups, skill levels, and Georgia communities. Participants shall be residents of this state. Regional competitions shall be held throughout the state, and the top qualifiers in each sport shall proceed to the final competitions to be held at a site in this state having the necessary facilities and equipment for conducting the competitions."

SECTION 11-4. Said article is further amended by revising Code Section 50-12-47, relating to audit of Georgia State Games direct-support organization, as follows:
"50-12-47. The Georgia State Games direct-support organization shall make provisions for an annual financial and compliance audit of its financial accounts and records by an independent certified public accountant in accordance with standards established by the Department of Audits and Accounts. The annual audit report shall be submitted to the Governor for review

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and approval. Upon approval, the Governor shall certify the audit report to the Department of Audits and Accounts for review and approval."

SECTION 11-5. Any assets of the Georgia State Games Commission existing as of June 30, 2025, shall devolve by operation of law and without further action to the State of Georgia on July 1, 2025. Any liabilities and obligations of the Georgia State Games Commission existing as of June 30, 2025, shall be transferred to and assumed by the State of Georgia, by such instruments as may be required to maintain the same.

PART XII Lottery Retailer Advisory Board
SECTION 12-1.

Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by repealing Code Section 50-27-6, relating to Lottery Retailer Advisory Board, and designating said Code section as reserved.

SECTION 12-2. Any assets of the Lottery Retailer Advisory Board existing as of June 30, 2025, shall devolve by operation of law and without further action to the State of Georgia on July 1, 2025. Any liabilities and obligations of the Lottery Retailer Advisory Board existing as of June 30, 2025, shall be transferred to and assumed by the State of Georgia, by such instruments as may be required to maintain the same.

PART XIII General Repealer SECTION 13-1.

All laws and parts of laws in conflict with this Act are repealed.

Approved May 9, 2025.

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PROFESSIONS AND BUSINESSES PROFESSIONAL LICENSING BOARDS; CONTINUING EDUCATION TRACKING; LOW VOLTAGE CONTRACTORS;
AUTHORIZED ACTIVITIES; PROFESSIONAL ENGINEERS AND LAND SURVEYORS; EXPERIENCE AND EXAMINATION REQUIREMENTS.

No. 93 (Senate Bill No. 125).

AN ACT

To amend Titles 8, 10, 36, 43, and 46 of the Official Code of Georgia Annotated, relating to buildings and housing, commerce and trade, local government, professions and businesses, and public utilities and public transportation, respectively, so as to revise provisions relating to professional licenses; to establish on behalf of professional licensing boards under the jurisdiction of the office of the Secretary of State a continuing education tracking solution to monitor compliance of licensees with applicable continuing education requirements; to provide for definitions; to require compliance with continuing education requirements prior to the issuance of certain licenses; to provide for the adoption of rules and regulations; to change certain provisions relating to electrical contractors, plumbers, conditioned air contractors, low voltage contractors, and utility contractors; to change certain definitions; to provide for qualifications of the State Construction Industry Licensing Board; to provide for certain restrictions relating to classes of low voltage licenses; to change certain provisions related to the power and duties of the divisions and the division director; to provide for additional licensing requirements; to provide requirements for license renewals and inactive licenses; to provide for approval of safety training; to change certain provisions relating to applicability; to decouple the sequential order of experience and examination requirements for professional engineers; to provide for conforming cross-references and terminology; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Chapter 14, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, as follows:

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"CHAPTER 14

43-14-1. This chapter is enacted for the purpose of safeguarding homeowners, other property owners, tenants, and the general public against faulty, inadequate, inefficient, or unsafe electrical, plumbing, low voltage wiring, utility contracting, or conditioned air installations. The practices of electrical contracting, plumbing contracting, low voltage contracting, utility contracting, and conditioned air contracting are declared to be businesses or professions affecting the public interest; and this chapter shall be liberally construed so as to accomplish the purposes stated in this Code section.

43-14-2. As used in this chapter, the term:
(1) 'Alarm system' means any device or combination of devices used to detect a situation, causing an alarm in the event of a burglary, fire, robbery, medical emergency, or equipment failure, or on the occurrence of any other predetermined event. (2) 'Board' means the State Construction Industry Licensing Board. (3) 'Certificate of competency' means a valid and current certificate that is issued by the Division of Electrical Contractors created in Code Section 43-14-3 and that gives the named electrical contractor to which it is issued authority to engage in electrical contracting of the kind described therein. Certificates of competency shall be of two kinds, Class I and Class II, according to the classification of license held by the electrical contractor. (4) 'Conditioned air contracting' means the installation, repair, or service of conditioned air systems or conditioned air equipment, which includes, but is not limited to:
(A) Service to or installation of the electrical connection between the electrical disconnect and conditioned air equipment; and (B) Service to or installation of the electrical circuit from the electrical distribution panel to the conditioned air equipment where the electrical service to the building or site is a single-phase electrical circuit not exceeding 200 amperes. (5) 'Conditioned air contractor' means any person engaged in conditioned air contracting under express or implied contract or that bids for, offers to perform, purports to have the capacity to perform, or does perform conditioned air contracting services under express or implied contract. Such term shall not include an individual who is an employee of a conditioned air contractor and who receives only a salary or hourly wage for performing conditioned air contracting work. (6) 'Conditioned air equipment' means heating and air-conditioning equipment covered under state codes and the natural gas piping system on the outlet side of the gas meter. (7) 'Electrical contracting' means the installation, maintenance, alteration, or repair of any electrical equipment, apparatus, control system, or electrical wiring device which is

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attached to or incorporated into any building or structure in this state but shall not include low voltage contracting. (8) 'Electrical contractor' means any person engaged in the business of electrical contracting under express or implied contract or that bids for, offers to perform, purports to have the capacity to perform, or does perform electrical contracting services under express or implied contract. Such term shall not include an individual who is an employee of an electrical contractor and who receives only a salary or hourly wage for performing electrical contracting work. (9) 'Executive director' means the executive director of the State Construction Industry Licensing Board. (10) 'General system' means any electrical system, other than an alarm or telecommunication system, involving low voltage wiring. (11) 'Journeyman plumber' means any individual other than a master plumber who has practical knowledge of the installation of plumbing and installs plumbing under the direction of a master plumber. (12) 'License' means a valid and current certificate of registration issued by a division of the board, which certificate shall give the named person to whom it is issued authority to engage in the activity prescribed thereon. (13) 'Low voltage contracting' means the installation, alteration, service, or repair of a telecommunication system, alarm system, or general system involving low voltage wiring. (14) 'Low voltage contractor' means any person engaged in low voltage contracting under express or implied contract or that bids for, offers to perform, purports to have the capacity to perform, or does perform low voltage contracting services under express or implied contract. (15) 'Low voltage wiring' means:
(A) Wiring systems of 50 volts or less and control circuits directly associated therewith; (B) Wiring systems having a voltage in excess of 50 volts, provided such systems consist solely of power limited circuits meeting the definition of a Class II and Class III wiring system as defined in Article 725 of the National Electrical Code; or (C) Line voltage wiring having a voltage not in excess of 300 volts to ground and installed from the load-side terminals of a suitable disconnecting means which has been installed for the specific purpose of supplying the low voltage wiring system involved or installed from a suitable junction box which has been installed for such specific purpose. (16) 'Master plumber' means any individual engaged in the business of plumbing under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform plumbing contracting services under express or implied contract. (17) 'Plumbing' means:

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(A) The practice of installing, maintaining, altering, or repairing piping fixtures, appliances, and appurtenances in connection with sanitary drainage or storm drainage facilities, venting systems, medical gas piping systems, natural gas piping systems on the outlet side of gas meters, or public or private water supply systems within or adjacent to any building, structure, conveyance, or manhole; and (B) The practice of and materials used in installing, maintaining, extending, or altering the natural gas, storm-water, sewerage, and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. (18) 'Telecommunication system' means a switching system and associated apparatus which performs the basic function of two-way voice or data service, or both, and which can be a commonly controlled system capable of being administered both locally and remotely via secured access. (19) 'Utility contracting' means undertaking to construct, erect, alter, or repair or have constructed, erected, altered, or repaired any utility system. (20) 'Utility contractor' means a sole proprietorship, partnership, or corporation which is engaged in utility contracting under express or implied contract or which bids for, offers to perform, purports to have the capacity to perform, or does perform utility contracting under express or implied contract. (21) 'Utility foreman' means any individual who is employed by a licensed contractor to supervise the construction, erection, alteration, or repair of utility systems. (22) 'Utility manager' means any individual who is employed by a utility contractor to have oversight and charge of the construction, erection, alteration, or repair of utility systems. (23) 'Utility system' means: (A) Any system at least five feet underground, when installed or accessed by trenching, open cut, cut and cover, or other similar construction methods which install or access the system from the ground surface, including, but not limited to, gas distribution systems, electrical distribution systems, communication systems, water supply systems, and sanitary sewerage and drainage systems; and (B) Reservoirs and filtration plants, water and waste-water treatment plants, leachate collection and treatment systems associated with landfills, and pump stations, when the system distributes or collects a service, product, or commodity for which a fee or price is paid for said service, product, or commodity or for the disposal of said service, product, or commodity.

43-14-3. (a) There is created within the executive branch of state government the State Construction Industry Licensing Board. The board shall be assigned to the Secretary of State's office for administrative purposes and shall be under the jurisdiction of the division director. (b) The board shall be composed of 27 members as follows:

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(1) Five members known as the Division of Electrical Contractors, one of whom shall be a professional engineer engaged in electrical practice, another of whom shall be an inspector with electrical inspection duties of a county or municipality or a third-party inspector regularly providing inspections to a county or municipality, and the remaining three of whom shall be licensed electrical contractors in this state; (2) Five members known as the Division of Master Plumbers and Journeyman Plumbers, one of whom shall be a full-time plumbing inspector of a county or municipality, three of whom shall be master or contracting plumbers, and one of whom shall be a journeyman plumber; (3) Five members known as the Division of Conditioned Air Contractors, one of whom shall be a licensed professional engineer engaged in mechanical practice, one of whom shall be the chief conditioned air inspector of a county or municipality, and three of whom shall be conditioned air contractors with more than five years of installation and service experience in the trade; (4) Five members known as the Division of Low Voltage Contractors, one of whom shall be an alarm system low voltage contractor, one of whom shall be an unrestricted low voltage contractor, one of whom shall be a telecommunication system low voltage contractor, one of whom shall be a professional electrical engineer, and one of whom shall be an inspector with electrical inspection duties of a county or municipality or contracted by a county or municipality to perform electrical inspections; (5) Five members known as the Division of Utility Contractors, three of whom shall be utility contractors, one of whom shall be a registered professional engineer, and one of whom shall be an insurance company representative engaged primarily in the bonding of construction projects; and (6) Two members who shall not have any connection with the electrical contracting, plumbing, or conditioned air contracting businesses whatsoever but who shall have a recognized interest in consumer affairs and consumer protection concerns. (c) All members shall be appointed by the Governor, subject to confirmation by the Senate, for four-year terms. (d) A member shall serve until a successor has been duly appointed and qualified. (e) The Governor shall make appointments to fill the unexpired portions of any terms vacated for any reason. In making such appointments, the Governor shall preserve the composition of the board as required by this chapter. Members shall be eligible for reappointment. (f) Any appointed member who, during his or her term, shall cease to meet the qualifications for original appointment shall forfeit membership on the board. (g) Each member of the board shall take an oath of office before the Governor or the Governor's designee to faithfully perform the duties of such office. (h) The Governor may remove any member for failure to attend meetings, neglect of duty, incompetence, revocation or suspension of professional trade license, or other dishonorable conduct.

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(i) Members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.

43-14-4. (a) The office of chairperson shall be rotated among the five divisions enumerated in Code Section 43-14-3 unless the board, through its rules and regulations, provides otherwise. Any vacancy in the office of chairperson shall be filled by the members for the unexpired term. The individual selected to fill the vacancy shall be a member of the same division as the previous chairperson. (b) The board shall meet at the call of the chairperson or upon the recommendation of a majority of its members. (c) Each division within the board shall also elect from its membership a chairperson who shall serve for a term of two years. Any vacancy in the office of chairperson shall be filled by one of the members for the unexpired term. (d) Any member elected chairperson of a division may serve more than one consecutive term of office. (e) Each division shall carry out its powers and duties provided for in this chapter with the assistance of the executive director and staff of the board. (f) The divisions shall meet at the call of the chairperson. (g) Three members of each division shall constitute a quorum for the transaction of business of such division.

43-14-5. The board shall have the power to:
(1) Request from the various state departments and other agencies and authorities of the state and its political subdivisions and their agencies and authorities such available information as it may require in its work; and all such agencies and authorities shall furnish such requested available information to the board within a reasonable time; (2) Provide by regulation for reciprocity with other states in the registration and licensing of electrical contractors, master plumbers, journeyman plumbers, low voltage contractors, utility contractors, or conditioned air contractors and in the certification of utility contracting foremen, provided that such other states have requirements substantially similar to the requirements in force in this state for registration, licensure, and certification; provided, further, that a similar privilege is offered to residents of this state; (3) Adopt an official seal for its use and modify such seal as the board deems necessary; (4) Establish policies for regulating the businesses of electrical contracting, plumbing contracting, low voltage contracting, utility contracting, and conditioned air contracting; (5) Upon notice and hearing authorized and conducted in accordance with Code Section 43-14-14 and any rules and regulations promulgated by the board, either by the board directly or through a valid delegation of the board's enforcement power to a

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division thereof, assess civil penalties in an amount up to $10,000.00 per violation against any person found to be in violation of any requirement of this chapter; (6) Determine qualifications for licensure or certification including such experience requirements as the board deems necessary; and (7) Promulgate and adopt rules and regulations necessary to carry out this chapter.

43-14-6. (a) The Division of Electrical Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of electrical contracting; the Division of Master Plumbers and Journeyman Plumbers, with respect to applicants for a license to engage in or licensees engaging in the business of plumbing as master plumbers or journeyman plumbers; the Division of Low Voltage Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of low voltage contracting; the Division of Utility Contractors with respect to applicants for a license to engage in or licensees engaging in the business of utility contracting and with respect to applicants for a certificate to be a utility manager or utility foreman or holders of a utility manager or utility foreman certificate; and the Division of Conditioned Air Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of conditioned air contracting, shall:
(1) Approve examinations for all applicants for licenses or certificates, except for utility contractor licenses and utility foreman certificates, as follows:
(A) The Division of Electrical Contractors shall approve separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to electrical contracting involving multifamily structures of not more than two levels or single-family dwellings of up to three levels; provided, however, that such structures shall have single-phase electrical installations which do not exceed 400 amperes at the service drop or the service lateral. Class II licenses shall be unrestricted; (B) The Division of Master Plumbers and Journeyman Plumbers shall approve separate examinations for Master Plumber Class I, Master Plumber Class II, and Journeyman Plumbers. Master Plumber Class I licenses shall be restricted to plumbing involving single-family and multifamily dwellings designed for not more than three stories and commercial structures not to exceed 20,000 square feet in area. Master Plumber Class II licenses shall be unrestricted. Only a journeyman plumber, a Master Plumber Class I, or a Master Plumber Class II shall be authorized to install, maintain, alter, or repair medical gas piping systems; (C) The Division of Conditioned Air Contractors shall approve separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to the installation, repair, or service of conditioned air systems or equipment not exceeding 175,000 BTU (net) of heating and five tons (60,000 BTU) of cooling. Class II licenses shall be unrestricted; and (D) The Division of Low Voltage Contractors shall approve separate examinations for:

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(i) Low Voltage Contractor Class LV-A licenses restricted to alarm and general system low voltage contracting; (ii) Low Voltage Contractor Class LV-T licenses restricted to telecommunication and general system low voltage contracting; (iii) Low Voltage Contractor Class LV-G licenses restricted to general system low voltage contracting; and (iv) Low Voltage Contractor Class LV-U licenses that shall be unrestricted and permit the performance of alarm, telecommunication, and general system low voltage contracting; (2) Register and license or grant a certificate and issue renewal licenses and renewal certificates biennially to all persons meeting the qualifications for a license or certificate. The following licenses or certificates shall be issued by the divisions: (A) Electrical Contractor Class I; (B) Electrical Contractor Class II; (C) Master Plumber Class I; (D) Master Plumber Class II; (E) Journeyman Plumber; (F) Conditioned Air Contractor Class I; (G) Conditioned Air Contractor Class II; (H) Low Voltage Contractor Class LV-A; (I) Low Voltage Contractor Class LV-T; (J) Low Voltage Contractor Class LV-G; (K) Low Voltage Contractor Class LV-U; (L) Utility Contractor; Class A; (M) Utility Contractor; Class B; (N) Utility Contractor; Class U; (O) Utility Manager (certificate); and (P) Utility Foreman (certificate); (3) Investigate, with the aid of the division director, alleged violations of this chapter or other laws and rules and regulations of the board relating to the profession; (4) After notice and hearing, have the power to reprimand any person, licensee, or certificate holder, or to suspend, revoke, or cancel the license or certificate of or refuse to grant, renew, or restore a license or certificate to any person, licensee, or certificate holder upon any one of the following grounds: (A) The commission of any false, fraudulent, or deceitful act or the use of any forged, false, or fraudulent document in connection with the license or certificate requirements of this chapter or the rules and regulations of the board; (B) Failure at any time to comply with the requirements for a license or certificate under this chapter or the rules and regulations of the board;

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(C) Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to such an extent as to render the license or certificate holder unsafe or unfit to practice any profession licensed or certified under this chapter; (D) Engaging in any dishonorable or unethical conduct likely to deceive, defraud, or harm the public; (E) Knowingly performing any act which in any way assists an unlicensed or noncertified person to practice such profession; (F) Violating, directly or indirectly, or assisting in or abetting any violation of any provision of this chapter or any rule or regulation of the board; (G) The performance of any faulty, inadequate, inefficient, or unsafe electrical, plumbing, low voltage contracting, utility contracting, or conditioned air contracting likely to endanger life, health, or property. The performance of any work that does not comply with the standards set by state codes or by local codes in jurisdictions where such codes are adopted, provided that such local codes are as stringent as the state codes, or by other codes or regulations which have been adopted by the board, shall be prima-facie evidence of the faulty, inadequate, inefficient, or unsafe character of such electrical, plumbing, low voltage contracting, utility contracting, or conditioned air contracting; provided, however, that the board, in its sole discretion, for good cause shown and under such conditions as it may prescribe, may restore a license to any person whose license has been suspended or revoked; (H) With respect to utility contractors, the bidding by such a utility contractor in excess of license coverage; or (I) With respect to utility contractors, violations of Chapter 9 of Title 25; (5) Review amendments to or revisions in the state minimum standard codes as prepared pursuant to Part 1 of Article 1 of Chapter 2 of Title 8; and the Department of Community Affairs shall be required to provide to the division director a copy of any amendment to or revision in the state minimum standard codes at least 45 days prior to the adoption thereof; and (6) Do all other things necessary and proper to exercise their powers and perform their duties in accordance with this chapter. (b) The Division of Electrical Contractors may also provide, by rules and regulations, for the issuance of certificates of competency pertaining to financial responsibility and financial disclosure; provided, however, that such rules and regulations are adopted by the board. The division shall issue certificates of competency and renewal certificates to persons meeting the qualifications therefor. (c) The divisions mentioned in subsection (a) of this Code section shall also hear appeals resulting from the suspension of licenses by an approved municipal or county licensing or inspection authority pursuant to Code Section 43-14-16. (d) The Division of Conditioned Air Contractors shall be authorized to:

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(1) Require persons seeking renewal of Conditioned Air Contractor Class I and Class II licenses to complete board approved continuing education of not less than four hours annually; (2) Approve courses offered by institutions of higher learning, vocational technical schools, and trade, technical, or professional organizations; provided, however, that continuing education courses or programs related to conditioned air contracting provided or conducted by public utilities, equipment manufacturers, or institutions under the State Board of the Technical College System of Georgia shall constitute acceptable continuing professional education programs for the purposes of this subsection. Such continuing education courses or programs shall be in the areas of safety, technological advances, business management, or government regulation. Courses or programs conducted by manufacturers specifically to promote their products shall not be approved. The continuing education requirements of this subsection shall not be required for any licensed conditioned air contractor who is a registered professional engineer; (3) Administer all provisions of this subsection relating to continuing professional education; (4) Waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate; and (5) Promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section. (e) The Division of Electrical Contractors shall be authorized to: (1) Require individuals seeking renewal of Electrical Contractor Class I and Class II licenses to complete board approved courses or courses which meet board criteria for continuing education of not less than four hours annually; (2) Approve continuing education courses to be held within or outside this state that are available to all licensed electrical contractors on a reasonable nondiscriminatory fee basis. Any request for division approval of a continuing education course shall be submitted in a timely manner with due regard for the necessity of investigation and consideration by the division. The division may contract with institutions of higher learning, professional organizations, or other qualified persons to provide programs that meet the requirements of this subsection and any rules or regulations established by the division. Such programs shall be self-sustaining by the individual fees set and collected by the provider of the program; and (3) Waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the division deems appropriate. (f) The Division of Utility Contractors shall be authorized to: (1) Require individuals seeking renewal of utility foreman certificates and utility manager certificates issued under this chapter to complete board approved continuing education of not more than four hours annually; (2) Approve courses offered by institutions of higher learning, vocational-technical schools, and trade, technical, or professional organizations; provided, however, that

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continuing education courses or programs related to utility contracting provided or conducted by institutions under the State Board of the Technical College System of Georgia shall constitute acceptable continuing professional education programs for the purposes of this subsection; and (3) Waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the division deems appropriate. (g) The Division of Master Plumbers and Journeyman Plumbers shall be authorized to: (1) Require individuals seeking renewal of Journeyman Plumber, Master Plumber Class I, and Master Plumber Class II licenses to complete board approved continuing education of not less than four hours annually; (2) Approve courses offered by institutions of higher learning, vocational-technical schools, and trade, technical, or professional organizations; provided, however, that continuing education courses or programs related to plumbing provided or conducted by institutions under the State Board of the Technical College System of Georgia shall constitute acceptable continuing professional education programs for the purposes of this subsection; and (3) Waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the division deems appropriate. (h) Each division shall make all reasonable efforts to make the continuing education offered pursuant to this Code section available online or through home study courses and accessible at times outside of the normal work hours of those licensed by such division.

43-14-7. (a) All orders and processes of the board and the divisions of the board shall be signed and attested by the division director; and any notice or legal process necessary to be served upon the board or the divisions may be served upon the division director. (b) The division director or his or her designee is vested with the power and authority to make such investigations in connection with the enforcement of this chapter and the rules and regulations of the board as the director, the board, the divisions of the board, or any district attorney may deem necessary or advisable.

43-14-8. (a)(1) No person shall engage in electrical contracting unless such person has a valid license from the Division of Electrical Contractors and a certificate of competency, if such certificates are issued by the division pursuant to subsection (b) of Code Section 43-14-6. (2) A person that is not licensed as an electrical contractor or that does not have a certificate of competency, if such certificates are issued by the division pursuant to subsection (b) of Code Section 43-14-6, or both as may be applicable, shall be prohibited from advertising in any manner that such person is in the business or profession of electrical contracting unless the work is performed by a licensed electrical contractor.

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(b)(1) No person shall engage in plumbing contracting as a master plumber unless such person has a valid license from the Division of Master Plumbers and Journeyman Plumbers. Notwithstanding any other provisions of this chapter, any person who holds a valid master plumber license or any company which holds a valid utility contractor license shall be qualified to construct, alter, or repair any plumbing system which extends from the property line up to but not within five feet of any building, structure, or conveyance, regardless of the cost or depth of any such plumbing system; provided, however, that only persons who hold a valid license to engage in plumbing under this chapter shall be qualified to construct, alter, or repair any plumbing system within five feet of any building, structure, or conveyance. (2) No person shall engage in plumbing contracting as a master plumber unless such person has a valid license from the Division of Master Plumbers and Journeyman Plumbers. A person that is not licensed as a Master Plumber Class 1 or a Master Plumber Class II shall be prohibited from advertising in any manner that such person is in the business or profession of plumbing contracting. (c)(1) No person shall engage in conditioned air contracting unless such person has a valid conditioned air contractor license from the Division of Conditioned Air Contractors. (2) A person that is not licensed as a conditioned air contractor shall be prohibited from advertising in any manner that such person is in the business or profession of a conditioned air contractor unless the work is performed by a licensed conditioned air contractor. (d)(1) No person shall engage in low voltage contracting unless such person has a valid license from the Division of Low Voltage Contractors; provided, however, that:
(A) An employee of a low voltage contractor who receives only a salary or hourly wage for performing low voltage contracting work may but shall not be required to be licensed under this chapter to perform such low voltage contracting work, except that those employees upon whom the qualification of a partnership, limited liability company, or corporation rests as provided for in Code Section 43-14-9 shall be required to be licensed; and (B) Tier 2 local exchange companies, as such term is set forth in subparagraph (B) of paragraph (10) of Code Section 46-5-162, as well as any affiliates or subsidiaries of such companies, may but shall not be required to be licensed under this chapter to engage in low voltage contracting. (2) Except as provided in paragraph (1) of this subsection, a person that is not licensed as a low voltage contractor shall be prohibited from advertising in any manner that such person is in the business or profession of a low voltage contractor unless the work is performed by a licensed low voltage contractor. (e) Notwithstanding any other provision of this chapter, prior to and including September 30, 1983, the following persons desiring to qualify under the provisions stated in this subsection, shall be issued a state-wide license without restriction by the appropriate division of the State Construction Industry Licensing Board, provided that such individual

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submits proper application and pays or has paid the required fees and is not otherwise in violation of this chapter:
(1) Any individual holding a license issued by the State Construction Industry Licensing Board, prior to the effective date of this chapter; (2) Any individual holding a license issued by the State Board of Electrical Contractors, the State Board of Examiners of Plumbing Contractors, or the State Board of Warm Air Heating Contractors; (3) Any individual holding a license to engage in such vocation issued to him or her by any governing authority of any political subdivision; and (4) Any individual who has successfully and efficiently engaged in such vocation in a local jurisdiction, which did not issue local licenses, for a period of at least two consecutive years immediately prior to the time of application. To prove that he or she has successfully engaged in said vocation, the individual shall only be required to give evidence of three successful jobs completed over such period. Such applicant shall swear before a notary public that such evidence is true and accurate prior to its submission to the division. (f) The decision of the division as to the necessity of taking the examination or as to the qualifications of applicants taking the required examination shall, in the absence of fraud, be conclusive. All individuals, partnerships, limited liability companies, or corporations desiring to engage in a business licensed under this chapter shall take the examination and qualify under this chapter before engaging in such vocation or business, including at the local level. (g) No partnership, limited liability company, or corporation shall have the right to engage in the business of electrical contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons actively engaged in the performance of such business on a full-time basis who have valid licenses issued to them as provided for in this chapter; provided, however, that partners, officers, and employees of any individual who fulfilled the licensing requirements shall continue to be authorized to engage in the business of electrical contracting under a license which was valid at the time of the licensee's death for a period of 90 days from the date of such death. The division may, at its discretion, upon application by the electrical contractor showing good cause, grant one additional 90 day grace period. (h) No partnership, limited liability company, or corporation shall have the right to engage in the business of plumbing unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons actively engaged in the performance of such business on a full-time basis who have valid licenses for master plumbers issued to them as provided in this chapter; provided, however, that partners, officers, and employees of any individual who fulfilled the licensing requirements shall continue to be authorized to engage in the business of plumbing contracting under a license which was valid at the time of the licensee's death for a period of 90 days from the date of

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such death. The division may, at its discretion, upon application by the plumbing contractor showing good cause, grant one additional 90 day grace period. (i) No partnership, limited liability company, or corporation shall have the right to engage in the business of conditioned air contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons actively engaged in the performance of such business on a full-time basis who have valid licenses issued to them as provided for in this chapter; provided, however, that partners, officers, and employees of the individual who fulfilled the licensing requirements shall continue to be authorized to engage in the business of conditioned air contracting under a license which was valid at the time of the licensee's death for a period of 90 days from the date of such death. The division may, at its discretion, upon application by the conditioned air contractor showing good cause, grant one additional 90 day grace period. (j) Partnerships, limited liability companies, or corporations having more than one office location from which conditioned air contracting is performed shall have at least one person stationed in each branch office of such partnership, limited liability company, or corporation who is engaged in the performance of conditioned air contracting on a full-time basis; who is supervising the installation, repair, alteration, and service work of air-conditioning and heating systems of all employees of such branch office locations; and who has a valid license issued as provided in this Code section. (k) It shall be the duty of all partnerships, limited liability companies, and corporations qualified under this chapter to notify the appropriate division within seven days of the severance of connection with such partnership, limited liability company, or corporation of any person or persons upon whom such qualification rested. (l) Applicants for examinations and licenses provided for by this chapter and any applicants for renewal of licenses under this chapter shall be required to complete a division approved form on which the applicant will:
(1) Indicate if the applicant is an individual, partnership, limited liability company, or corporation; (2) If the applicant is a partnership, limited liability company, or corporation, provide the names and addresses of the partners or members or the names and addresses of the officers, when and where formed or incorporated, and such other information as the board or each division may require; and (3) If the renewal is for a partnership, limited liability company, or corporation, indicate whether a duly qualified person holding a license issued by the division is still connected with such entity. (m) Applicants who have a failing examination score on two consecutive testing attempts within the approved testing time frame shall be required to present satisfactory evidence to the appropriate division that the applicant has completed a board approved review course before such applicant will be approved to take the examination again. If such applicant fails the examination a third time, the applicant shall not be required to complete additional board approved review courses prior to taking subsequent examinations.

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43-14-9. (a) For purposes of this Code section only, 'division' means the 'Division of Low Voltage Contractors.' (b) No person shall engage in alarm system, general system, or telecommunication system low voltage contracting unless such person has a valid license therefor from the Division of Low Voltage Contracting.
(c)(1) Prior to January 1, 1985, any person desiring to qualify under the provisions of this subsection who meets the requirements of this subsection, submits proper application , and pays or has paid the required fees and is not otherwise in violation of this chapter shall be issued a state-wide Low Voltage Contractor Class LV-A, LV-G, LV-U, or LV-T license without examination. (2) An individual desiring to obtain Low Voltage Contractor Class LV-T shall submit to the division an affidavit which outlines the experience of said individual in the practice of low voltage wiring relating to telecommunication systems. (3) An individual desiring to obtain a Low Voltage Contractor Class LV-A license shall submit to the division an affidavit which outlines the experience of said individual in the practice of low voltage wiring relating to alarm systems. (4) An individual desiring to obtain a Low Voltage Contractor Class LV-G license shall submit to the division an affidavit which outlines the experience of said individual in the practice of low voltage wiring relating to general systems. (5) An individual desiring to obtain a Low Voltage Contractor Class LV-U license shall submit to the division an affidavit which outlines the experience of said individual in the practice of low voltage wiring relating to alarm and telecommunication systems and which describes in detail the installation of at least six complete low voltage wiring jobs, three in alarm and three in telecommunication systems, which shall demonstrate that the individual has successfully performed low voltage wiring in those areas for a period of at least one year immediately prior to the time of application. (6) Each affidavit for licensure required in paragraphs (1) through (4) of this subsection shall describe in detail the installation of at least three complete low voltage wiring jobs which shall demonstrate that the individual has successfully performed low voltage wiring in the area of licensure requested for a period of at least one year prior to the time of application. (d) The decision of the division as to the necessity of taking the examination or as to the qualifications of applicants taking the required examination shall, in the absence of fraud, be conclusive. All individuals, individuals serving as partners in partnerships, applicants for limited liability companies, or applicants for corporations desiring to engage in the vocation of low voltage contracting shall take the examination and qualify under this Code section before engaging in such vocation. (e) No partnership, limited liability company, or corporation shall have the right to engage in the business of low voltage contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons, actively engaged

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in the performance of such business on a full-time basis and supervising the low voltage systems installation, repair, alteration, and service work of all employees of such partnership, limited liability company, or corporation, who have valid licenses issued to them as provided in this chapter; provided, however, that partners, officers, and employees of any individual who fulfilled the licensing requirements shall continue to be authorized to engage in the business of low voltage contracting under a license which was valid at the time of the licensee's death for a period of 90 days from the date of such death. The division may, at its discretion, upon application by the low voltage contractor showing good cause, grant one additional 90 day grace period. (f) Partnerships, limited liability companies, or corporations having more than one office location from which low voltage contracting is performed shall have at least one person stationed in each branch office of such partnership, limited liability company, or corporation who is engaged in the performance of low voltage contracting on a full-time basis; who is supervising the low voltage wiring systems installation, repair, alteration, and service work of all employees of such branch office locations; and who has a valid license issued as provided in this Code section.

43-14-10. (a) For purposes of this Code section only, 'division' means the 'Division of Utility Contractors.'
(b)(1) No sole proprietorship, partnership, or corporation shall have the right to engage in the business of utility contracting unless:
(A) Such business holds a utility contractor license; and (B) There is regularly connected with such business a person or persons who holds a valid utility manager certificate issued under this chapter, and such utility manager must be actively engaged in the performance of such business on a full-time basis and must oversee the utility contracting work of all employees of the business. (2) If a sole proprietorship, partnership, or corporation has more than one permanent office, then each permanent office shall be registered with the division and at least one person who holds a valid utility manager certificate issued under this chapter shall be stationed in each office on a full-time basis and shall oversee the utility contracting work of all employees of that office. (3) The requirements of this Code section shall not prevent any person holding a valid license issued by the State Construction Industry Licensing Board, or any division thereof, pursuant to this chapter, from performing any work defined in the Code section or sections under which the license held by said person was issued. (c) Any corporation, partnership, or sole proprietorship desiring to qualify and be issued a utility contractor license under the provisions of this subsection shall: (1) Submit a completed application to the division on the form provided indicating: (A) The names and addresses of proprietor, partners, or officers of such applicant;

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(B) The place and date such partnership was formed or such corporation was incorporated; and (C) The name of the qualifying utility manager holding a current certificate who is employed for each permanent office location of the business from which utility contracting is performed; (2) Submit its safety policy which must meet the minimum standards established by the board; (3) Pay or have paid the required fees; and (4) Not be otherwise in violation of this chapter. (d) The decision of the division as to the qualifications of applicants shall, in the absence of fraud, be conclusive. (e) It shall be the duty of the utility manager certificate holders and the licensed utility contractor to notify the division, in accordance with board rules, of the severance of connection between such utility contractor and the utility manager certificate holder or holders upon whom the qualification of the utility contractor rested. (f) In the event that a licensed utility contractor temporarily does not have employed a utility manager certificate holder to oversee its utility contracting work, upon notice by such utility contractor to the division within seven days following the last day of employment of the utility manager certificate holder, the division shall grant the utility contractor a 90 day grace period in which to employ a utility manager certificate holder to oversee its utility contracting work before any action may be taken by the division to revoke the utility contractor's license. The division may, at its discretion, upon application by the utility contractor showing good cause, grant one additional 90 day grace period. Grace periods totaling not more than 180 days may be granted during any two-year period. Failure to have employed a utility manager certificate holder to oversee the utility contracting work of the utility contractor shall be grounds for the revocation or suspension of the utility contractor license after a notice of hearing. (g) All applicants for renewal of utility contractor licenses provided for by this Code section shall be required to submit with the required fee a completed application on a form provided by the division. (h) It shall be unlawful for any person to contract with any other person for the performance of utility contracting work who is known by such person not to have a current, valid license as a utility contractor pursuant to this chapter.

43-14-11. (a) No person may be employed as a utility manager unless that person holds a current utility manager certificate issued by the Division of Utility Contractors. (b) The division shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. Persons wishing to qualify for utility manager certification shall submit a completed application form documenting required experience and other qualifications as

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prescribed by the board with the required fees, shall pass an examination, and must submit proof of completion of a board approved safety training course in utility contracting. In order to continue to hold such certificate, the certificate holder must present proof to the division of completion of a safety training course approved by the division at least every two years from the date of the completion of the initial safety training course. (c) An applicant may request an oral administration of the examination.

43-14-12. (a) No person may be employed as a utility foreman unless that person holds a current utility foreman certificate issued by the Division of Utility Contractors. (b) The division shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. One requirement for such certification shall be the successful completion of a board approved safety training course in utility contracting approved by the division. In order to continue to hold such certificate, the certificate holder must submit proof to the division of completion of a safety training course approved by the division at least every two years from the date of the completion of the initial safety training course. In lieu of safety training any person desiring to be issued a utility foreman certificate may submit a completed application on or before December 31, 1994, which documents to the satisfaction of the division at least two years of experience as a utility foreman during the period between January 1, 1984, and June 30, 1994. Any person who does not submit a completed application for certification on or before December 31, 1994, must complete the required safety training in order to be certified. (c) No utility system shall be constructed, erected, altered, or repaired unless a certified utility manager or certified utility foreman who holds a current certification is present at the job site of such construction, erection, alteration, or repair of the utility system.

43-14-13. (a) Every person holding a license issued by a division of the board shall display it in a conspicuous manner at his or her place of business. (b) All commercial vehicles used by licensees and certificate holders exclusively in the daily operation of their business shall have prominently displayed thereon the company or business registration or certificate number issued by the Secretary of State's office. Such registration number or certificate number, or website address where such number can be found, shall also be prominently displayed on any advertising relating to work which a licensee or certificate holder purports to have the capacity to perform. Said registration or certificate number shall also be printed on all invoices and proposal forms.

43-14-14. This chapter shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

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43-14-15. Whenever it shall appear to a division of the board or to the executive director or to a county or municipal inspection authority that any person is or has been violating this chapter or any of the lawful rules, regulations, or orders of the board, the division of the board, the local inspection authority, or the appropriate prosecuting attorney may file a petition for an injunction in the proper superior court of this state against such person for the purpose of enjoining any such violation. It shall not be necessary to allege or prove that there is no adequate remedy at law. The right of injunction provided for in this Code section shall be in addition to any other legal remedy which the board has and shall be in addition to any right of criminal prosecution provided for by law.

43-14-16. (a) Any municipal or county inspection authority which meets the standards established by the board shall be authorized, after notice and hearing, to suspend the license or certificate of competency of, or refuse to restore a license or certificate of competency to, any person or licensee upon the grounds set out in paragraph (4) of subsection (a) of Code Section 43-14-6; provided, however, that such suspension of a license by a local inspection authority shall be applicable only within the jurisdiction of such local authority. Any person aggrieved by an action of a local authority shall be entitled to an appeal to the appropriate division of the board and shall be entitled to a hearing.
(b)(1) This chapter shall not be construed to prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level; provided, however, that no county or municipality may require any licensed conditioned air contractor or licensed plumber who has executed and deposited a bond as authorized in paragraph (2) of this subsection to give or furnish or execute any code compliance bond or similar bond for the purpose of ensuring that all construction, installation, or modifications are made or completed in compliance with the county or municipal ordinances or building and construction codes. (2) In order to protect the public from damages arising from any work by a licensed conditioned air contractor or licensed plumber, which work fails to comply with the ordinances or building and construction codes adopted by any county or municipal corporation, any such licensed conditioned air contractor or licensed plumber may execute and deposit with the judge of the probate court in the county of his or her principal place of business a bond in the sum of $10,000.00. Such bond shall be a cash bond of $10,000.00 or executed by a surety authorized and qualified to write surety bonds in the State of Georgia and shall be approved by the judge of the probate court. Such bond shall be conditioned upon all work done or supervised by such licensee complying with the provisions of any ordinances or building and construction codes of any county or municipal corporation wherein the work is performed. Action on such bond may be brought against the principal and surety thereon in the name of and for the benefit of any person who suffers damages as a consequence of said licensee's work not conforming to

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the requirements of any ordinances or building and construction codes; provided, however, that the aggregate liability of the surety to all persons so damaged shall in no event exceed the sum of such bond. (3) In any case where a bond is required under this subsection, the conditioned air contractor or plumber shall file a copy of the bond with the building official in the political subdivision wherein the work is being performed. (4) The provisions of this subsection shall not apply to or affect any bonding requirements involving contracts for public works as provided in Chapter 10 of Title 13. (c) No provision of this chapter shall be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing, or collecting any license fee, registration fee, tax, or gross receipt tax on any related business or on anyone engaged in any related business governed by this chapter.

43-14-17. (a) If a person is in violation of paragraph (1) or (2) of subsection (c) of Code Section 43-14-8, it shall not be necessary for an investigator to observe or witness the unlicensed person engaged illegally in the process of work or to show work in progress or work completed in order to prove the unlawful practice of conditioned air contracting, plumbing contracting, or electrical contracting by an unlicensed person. (b) It shall be prima-facie evidence of a violation of this chapter if any person not licensed as a conditioned air contractor, plumbing contractor, or electrical contractor advertises that such person is in the business or profession of a conditioned air contractor, plumbing contractor, or electrical contractor or advertises in a manner such that the general public would believe that such person is a licensed conditioned air contractor or in the business or profession of a conditioned air contractor, is a licensed plumbing contractor in the business or profession of a plumbing contractor, or is a licensed electrical contractor in the business or profession of an electrical contractor. Advertising under this subsection includes, but is not limited to, newspaper, internet, social media and digital applications, television, radio, telephone directory listings, mailings, business cards, or signage at a place of business or attached to a vehicle. (c) Notwithstanding the provisions of Code Section 43-1-20.1, after notice and hearing, the board may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the business or profession of a conditioned air contractor, plumbing contractor, or electrical contractor without a license as required under this chapter. (d) The violation of any cease and desist order of the board issued under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $1,500.00 for each violation thereof. Each day that a person practices in violation of this Code section and chapter shall constitute a separate violation.

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(e) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.

43-14-18. (a) If a person is in violation of Code Section 43-14-10, 43-14-11, or 43-14-12, it shall not be necessary for an investigator to observe or witness the unlicensed person engaged illegally in the process of work or to show work in progress or work completed in order to prove the unlawful practice of utility contracting by an unlicensed person. (b) It shall be prima-facie evidence of a violation of this chapter if any person not licensed as a utility contractor advertises that such person is in the business or profession of a utility contractor or advertises in a manner such that the general public would believe that such person is a licensed utility contractor or in the business or profession of a utility contractor. Advertising under this subsection includes, but is not limited to, newspaper, television, or radio advertisements, telephone directory listings, mailings, business cards, or a sign or signs at a place of business or attached to a vehicle. (c) Notwithstanding the provisions of Code Section 43-1-20.1, after notice and hearing, the board may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the business or profession of a utility contractor without a license as required under this chapter or by constructing, erecting, altering, or repairing a utility system without a properly certified utility manager or properly certified utility foreman present at such job site. (d) The violation of any cease and desist order of the board issued under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $5,000.00 for each violation thereof. Each day that a person practices in violation of this Code section and chapter or constructs, erects, alters, or repairs a utility system without a properly certified utility manager or properly certified utility foreman present at such job site shall constitute a separate violation. (e) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.

43-14-19. (a) This chapter shall apply to all installations, alterations, and repairs of plumbing, air-conditioning and heating, or electrical or low voltage wiring or utility systems within or on public or private buildings, structures, or premises except as otherwise provided in this Code section. (b) Any person that holds a license issued under this chapter may engage in the business of plumbing contracting, electrical contracting, conditioned air contracting, low voltage contracting, or utility contracting but only as prescribed by the license, throughout the state;

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and except as provided in Code Section 43-14-16, no municipality or county may require such person to comply with any additional licensing requirements imposed by such municipality or county. (c) This chapter shall not apply to:
(1) The installation, alteration, or repair of plumbing, air-conditioning and heating, utility systems, or electrical services, except low voltage wiring services, up to and including the meters where such work is performed by and is an integral part of the system owned or operated by a public service corporation, an electrical, water, or gas department of any municipality in this state, a railroad company, a pipeline company, or a mining company in the exercise of its normal function as such; (2) Low voltage wiring performed by public utilities, except that the portion of the business of public utilities which involves the installation, alteration, repair, or service of telecommunication systems for profit shall be covered under this chapter; (3) The installation, construction, or maintenance of power systems or telecommunication systems for the generation or distribution of electric current constructed under the National Electrical Safety Code, which regulates the safety requirements of utilities; but the interior wiring regulated by the National Electrical Safety Code shall not be exempt and must be done by an electrical contractor, except as otherwise provided by law; (4) Any technician employed by a municipal or county franchised community antenna television (CATV) system or a municipally owned CATV system in the performance of work on the system; (5) Regular full-time employees of an institution, manufacturer, or business who perform plumbing, electrical, low voltage wiring, utility contracting, or conditioned air contracting when working on the premises of their employer; (6) A contractor certified by the Department of Public Health to make the connection to any on-site waste-water management system from the stub out exiting the structure to an on-site waste-water management system; (7) Any employee or authorized agent of a regulated gas utility or municipally owned gas utility while in the course and scope of such employment; or (8) Persons licensed as manufactured or mobile home installers by the state fire marshal when:
(A) Coupling the electrical connection from the service entrance panel outside the manufactured housing to the distribution panel board inside the manufactured housing; (B) Connecting the exterior sewer outlets to the aboveground sewer system; or (C) Connecting the exterior water line to the aboveground water system. (d) This chapter shall not prohibit: (1) An individual from installing, altering, or repairing plumbing fixtures, air-conditioning and heating, air-conditioning and heating fixtures, utility systems, or electrical or low voltage wiring services in a residential dwelling owned or occupied by such individual; provided, however, that all such work must be done in conformity with

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all other provisions of this chapter, the rules and regulations of the board, and any applicable county or municipal resolutions, ordinances, codes, or inspection requirements; (2) An individual employed on the maintenance staff of a facility owned by the state or by a county, municipality, or other political subdivision from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, or electrical or low voltage wiring services when such work is an integral part of the maintenance requirements of the facility; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board; (3) Any person from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, or electrical or low voltage wiring services in a farm or ranch service building or as an integral part of any irrigation system on a farm or ranch when such system is not located within 30 feet of any dwelling or any building devoted to animal husbandry. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections; (4) Any person from installing, altering, or repairing the plumbing component of a lawn sprinkler system from a backflow preventer which was installed by a licensed plumber; provided, however, that all such work must be done in conformity with all other provisions of this chapter, the rules and regulations of the board, and ordinances of the county or municipality; or (5) Any propane dealer that is properly insured as required by law and that holds a liquefied petroleum gas license issued by the Safety Fire Commissioner from installing, repairing, or servicing a propane system or the gas piping or components of such system; provided, however, that such propane dealers shall be prohibited from performing the installation of conditioned air systems or forced air heating systems unless licensed to do so under this chapter. (e) Any person qualified by the Department of Transportation to perform work for the department shall not be required to be licensed under: (1) Code Section 43-14-10 or certified under Code Sections 43-14-11 and 43-14-12 in order to perform work for the department; or (2) Code Section 43-14-10 or certified under Code Sections 43-14-11 and 43-14-12 in order to perform work for a county, municipality, authority, or other political subdivision when such work is of the same nature as that for which the person is qualified when performing department work; provided, however, that such work is not performed on a utility system as defined in paragraph (23) of Code Section 43-14-2 for which the person receives compensation. (f) Any person who contracts with a licensed conditioned air contractor: (1) As part of a conditioned air contract to install, alter, or repair duct systems, control systems, or insulation is not required to hold a license from the Division of Conditioned

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Air Contractors. The conditioned air contractor must retain responsibility for completion of the contract, including any subcontracted work; (2) To perform a complete installation, alteration, or repair of a conditioned air system must hold a valid license from the Division of Conditioned Air Contractors; or (3) To perform for or on behalf of a conditioned air contractor the installation, alteration, or repair of the electrical, low voltage, or plumbing components of a conditioned air system must hold a valid license from the appropriate division of the board. (g) Any utility contractor holding a valid utility contractor's license under this chapter shall be authorized to bid for and perform work on any utility system in this state without obtaining a license under Chapter 41 of this title. It shall be unlawful for the owner of a utility system or anyone soliciting work to be performed on a utility system to refuse to allow a utility contractor holding a valid utility contractor's license under this chapter to bid for or perform work on a utility system on the basis that such contractor does not hold a license under Chapter 41 of this title.

43-14-20. Any person violating this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $3,000.00 or imprisoned for not more than six months, or both.

43-14-21. (a) As used in this Code section, the term:
(1) 'Discharge' means an honorable discharge or a general discharge from active military service. Such term shall not mean a discharge under other than honorable conditions, a bad conduct discharge, or a dishonorable discharge. (2) 'Military' means the armed forces of the United States or a reserve component of the armed forces of the United States, including the National Guard. (b) A committee composed of the division director, members of the Governor's Office of Workforce Development, and members of the relevant divisions of the licensing board representing the profession for which the applicant is seeking a license shall determine the military specialties or certifications the training or experience for which substantially meets or exceeds the requirements to obtain a license for Electrical Contractor Class I, Journeyman Plumber, Conditioned Air Contractor Class I, or Utility Foreman. The Governor shall designate a chairperson from among the members of the committee. (c) Any current or former member of the military may apply to the licensing board for the expedited issuance of a license or certification based upon his or her having obtained a military specialty or certification, the training or experience for which substantially meets or exceeds the requirements to obtain a license or certification identified in subsection (b) of this Code section. (d) In order to qualify under this subsection, an applicant shall make application not later than two years after his or her discharge. The licensing board, in its discretion, may by rule

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or regulation extend such two-year period for a license or certification, or class thereof, or may extend such two-year period for an individual applicant if certain circumstances, including, but not limited to, health, hospitalization, or other related emergencies or exigencies, prevented the member of the military from making an application. (e) Such application shall be in such form and shall require such documentation as the division director shall determine. If the applicant satisfies the requirements of this Code section, the division director shall direct the appropriate division to issue the appropriate license, and the division shall immediately issue such license; provided, however, that the applicant shall satisfy all financial and insurance requirements for the issuance of such license. This Code section shall only apply to the initial issuance of a license. After the initial issuance of a license, the licensee shall be subject to any provisions relating to the renewal of the license applicable to all licensees.

43-14-22. The board may establish a process through rules and regulations for licenses issued under this chapter to be placed on inactive status and the qualifications necessary for such licenses to be returned to active status; provided, however, that engaging in any conduct that requires a license under this chapter while holding an inactive license shall be considered an unlicensed practice and shall be prohibited."

SECTION 1-2. Said title is further by revising Code Section 43-15-9, relating to professional engineer certificate of registration and eligibility, as follows:
"43-15-9. To be eligible for a certificate of registration as a professional engineer, an applicant must meet the following minimum requirements:
(1)(A) Obtain certification by the board as an engineer-in-training under paragraph (1) of Code Section 43-15-8; (B) Acquire a specific record of not less than four years' experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and (C) Pass a written examination in the principles and practice of engineering (professional engineer's examination); (2)(A) Obtain certification by the board as an engineer-in-training under paragraph (2) of Code Section 43-15-8; (B) Acquire a specific record of not less than seven years' experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and (C) Pass a written examination in the principles and practice of engineering (professional engineer's examination);

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(3)(A) Obtain certification by the board as an engineer-in-training under paragraph (3) of Code Section 43-15-8; (B) Acquire a specific record of not less than seven years' experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and (C) Pass a written examination in the principles and practice of engineering (professional engineer's examination); or (4)(A) Graduate in an engineering or related science curriculum of not less than four academic years; (B) Acquire a specific record of not less than 16 years' experience in engineering work, of which at least eight years have been in responsible charge of important engineering work of a character satisfactory to the board, which indicates the applicant is competent to practice professional engineering; and (C) Pass a written examination in the principles and practice of engineering (professional engineer's examination)."

PART II SECTION 2-1.

Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new Code section to read as follows:
"43-1-4.1. (a) As used in this Code section, the term:
(1) 'License' means any document, permit, certificate of registration, or other authorization issued by or on behalf of a professional licensing board that is required for a person to engage in a profession, business, or trade. (2) 'Licensee' means any person who is required to be licensed or who is actually licensed by a professional licensing board. (b) The office of the Secretary of State, on behalf of all professional licensing boards under its jurisdiction that require continuing education, shall establish a continuing education tracking solution to monitor compliance of licensees with applicable continuing education requirements and to determine whether a licensee is in full compliance with such requirements at the time of making application for license renewal. Such tracking solution may be an off-premises hosted software-as-a-service application accessible through a public website. The Secretary of State may contract with third parties to implement, integrate, or otherwise provide such tracking system. (c) On and after January 1, 2026, a professional licensing board shall not renew a license until the applicant has complied with all applicable continuing education requirements as verified using the continuing education tracking solution required by subsection (b) of this Code section. Nothing in this subsection shall prohibit a professional licensing board from granting a waiver or imposing additional penalties as otherwise provided by law or by the

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rules or regulations of the applicable board for failure to comply with continuing education requirements. (d) The professional licensing boards and the division director may adopt any rules and regulations necessary to implement this Code section."

PART III SECTION 3-1.

Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended in:
(1) Code Section 8-2-26, relating to enforcement of codes generally, employment and training of inspectors, and contracts for administration and enforcement of codes, in subparagraph (d)(2)(D), by replacing "paragraph (2) of subsection (b) of Code Section 43-14-12" with "paragraph (2) of subsection (b) of Code Section 43-14-16". (2) Code Section 8-2-102, relating to inspections, in subsection (e), by replacing "43-14-8.1" with "43-14-9".

SECTION 3-2. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended in:
(1) Code Section 10-5B-3, relating to rules to prohibit deceptive, fraudulent, or abusive telemarketing activities authorized, in subsection (a), by replacing "low-voltage" with "low voltage". (2) Code Section 10-5B-4, relating to required and prohibited telephone conduct and activities and liability, in subsection (a), by replacing "low-voltage" with "low voltage". (3) Code Section 10-5B-5, relating to applicability to persons subject to other provisions of the Code, in subsection (c), by replacing "low-voltage" with "low voltage". (4) Code Section 10-5B-7, relating to remedies, duties, prohibitions, and penalties not exclusive and construction with other provisions of the Code, in subsection (b), by replacing "low-voltage" with "low voltage".

SECTION 3-3. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended in Code Section 36-60-12.1, relating to fence detection systems, definition, and utilization, by revising paragraph (b)(1) as follows:
"(1) Treat fence detection systems in all zoning and permitting matters exclusively as alarm systems as such term is defined in Code Section 43-14-2; and"

SECTION 3-4. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in:

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(1) Code Section 43-41-2, relating to definitions relative to residential and commercial general contractors, in paragraph (3), by replacing "low-voltage" with "low voltage". (2) Code Section 43-41-17, relating to effective date of licensing and sanctioning provisions, unenforceable contracts, compliance with county or municipal requirements, exemption for DOT contractors, and other exceptions, in subsection (e), by replacing "low-voltage" with "low voltage".

SECTION 3-5. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended in:
(1) Code Section 46-3-30, relating to short title, by replacing "High-voltage" with "High Voltage". (2) Code Section 46-3-31, relating to purpose of part, by replacing "high-voltage" with "high voltage". (3) Code Section 46-3-32, relating to definitions, in paragraph (1), by replacing "High-voltage" with "High voltage" and in paragraphs (5) and (6), by replacing "high-voltage" with "high voltage". (4) Code Section 46-3-33, relating to required conditions for commencing work within ten feet of high-voltage line, in the introductory language and in paragraph (2), by replacing "high-voltage" with "high voltage". (5) Code Section 46-3-34, relating to utilities protection center, funding of activities, notice of work, delay, and responsibility for completing safety requirements, by replacing "high-voltage" with "high voltage" each time the term appears. (6) Code Section 46-3-35, relating to allocation of expense of precautionary measures taken pursuant to public highway construction, by replacing "high-voltage" with "high voltage". (7) Code Section 46-3-37, relating to applicability of part to railway systems and electrical engineering system or other entities, in subsection (b), by replacing "high-voltage" with "high voltage" both times the term appears. (8) Code Section 46-3-39, relating to restriction on liability of owners and operators of high-voltage lines and effect of part on duty or degree of care, by replacing "high-voltage" with "high voltage" each time the term appears. (9) Code Section 46-3-40, relating to criminal penalty, strict liability for injury or damage, indemnification, and liability for cost of delay, by replacing "high-voltage" with "high voltage" each time the term appears.

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PART IV SECTION 4-1.

All laws and parts of laws in conflict with this Act are repealed.

Approved May 9, 2025.

__________

AGRICULTURE FERTILIZERS OR PESTICIDES; A MANUFACTURER CANNOT BE HELD LIABLE FOR FAILING TO WARN CONSUMERS OF HEALTH RISKS ABOVE THOSE REQUIRED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; CLARIFY.

No. 94 (Senate Bill No. 144).

AN ACT

To amend Article 6 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to liability for use of fertilizers, plant growth regulators, or pesticides, so as to clarify that a manufacturer cannot be held liable for failing to warn consumers of health risks above those required by the United States Environmental Protection Agency with respect to pesticides, subject to an exception; to provide for legislative findings; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The General Assembly finds that:
(1) Agriculture and its related industries contribute over $91 billion to Georgia's economy, and Georgia farmers are the backbone of that activity; (2) As the nation's largest producer of peanuts and the second largest producer of cotton, Georgia farmers rely on inputs to grow their crops and keep yields high; (3) Without reliable access to the most widely used crop protection products, costs to farmers could more than double; (4) A domestic supply chain for crop protection products is critical to ensuring farmers have access to all the tools they need to grow food and fiber; (5) Dependence on Chinese imports for critical ingredients in crop protection products creates supply chain vulnerabilities for the United States and opportunities for foreign adversaries to restrict access to crop protection products for American farmers; and

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(6) Every effort must be made to strengthen the United States domestic production of pesticides, including clarifying regulatory authority of pesticide labeling.

SECTION 2. Article 6 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to liability for use of fertilizers, plant growth regulators, or pesticides, is amended by adding a new Code section to read as follows:
"2-7-171. (a) As used in this Code section, the term:
(1) 'Environmental Protection Agency' means the United States Environmental Protection Agency. (2) 'FIFRA' means the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136, et seq., and the amendments thereto. (b) Notwithstanding anything to the contrary in this chapter, beginning on January 1, 2026, any pesticide registered with the Commissioner, pursuant to Code Section 2-7-55, or the Environmental Protection Agency, pursuant to FIFRA, which displays a label that has been approved by the Environmental Protection Agency in registering the pesticide or is consistent with the most recent human health risk assessment performed under FIFRA shall be deemed a sufficient warning label for the purposes of an action commenced under any provision of state law concerning the duty to warn or label, or any other common law duty to warn; provided, however, that the provisions of this subsection shall not apply when a determination has been made by the Environmental Protection Agency that a manufacturer knowingly withheld, concealed, misrepresented, or destroyed material information regarding the human health risks of such pesticide in order to obtain or maintain approval of its label by the Environmental Protection Agency."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 9, 2025.

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COURTS "SUPERIOR COURT JUDICIAL COMPENSATION REFORM ACT"; ENACT.

No. 112 (House Bill No. 85).

AN ACT

To amend Article 1 of Chapter 6 of Title 15 the Official Code of Georgia Annotated, relating to general provisions concerning superior courts, so as to modify provisions regarding the compensation received by superior court judges; to provide procedures for superior court judges to opt to receive compensation pursuant to such revised procedures; to provide for grandfathering of certain judges so as to not reduce the compensation paid to such judges; to authorize locality pay by counties to superior court judges in lieu of county salary supplements; to abolish most county salary supplements provided to superior court judges; to authorize the continuation of county salary supplements for chief judges; to authorize continuation of fringe benefits provided by counties to superior court judges; to preserve existing rights and obligations related to retirement benefits provided by counties to superior court judges; to provide for retirement benefits relative to optional locality pay; to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials and cost-of-living adjustments, so as to revise provisions relating to calculating and setting the salaries of superior court judges; to provide a definition; to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to suspend the operation of local laws or local ordinances or resolutions that use a superior court judge's salary for the calculation of the salary or compensation of other officers, officials, or employees; to provide for an automatic lifting of such suspension relative to judges; to preserve the authority of the General Assembly to amend or repeal such suspended local laws; to preserve the authority of local governments to use other mechanisms to change salary calculation during such suspension; to provide for legislative construction; to provide for a definition; to provide a short title; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Superior Court Judicial Compensation Reform Act."

SECTION 2. Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning superior courts, is amended by revising Code Section 15-6-29, relating to salary of judges, as follows:

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"15-6-29. (a) Except as provided for in subsection (b) of this Code section, the annual salary of the judges of the superior courts shall be as provided in Code Section 45-7-4 and may be as provided in Code Section 15-6-29.1. The annual salary provided by Code Section 45-7-4 shall be paid by The Council of Superior Court Judges of Georgia in 12 equal monthly installments.
(b)(1) Each superior court judge in office on July 1, 2025, shall have the option to receive the annual salary provided by Code Section 45-7-4 and any locality pay provided for by Code Section 15-6-29.2, in lieu of his or her compensation which is otherwise provided by laws in effect on June 30, 2025. The option provided by this paragraph shall be exercised by such judge's filing a written notification thereof with The Council of Superior Court Judges of Georgia and the governing authority of each county comprising such judge's judicial circuit. A superior court judge in office on July 1, 2025, shall not be required or obligated to exercise the option provided by this paragraph, but if and when any such judge voluntarily and expressly exercises such option, such judge's exercise of such option shall be final and irrevocable. The failure to exercise the option shall be an election to continue to receive compensation as previously calculated by law in effect on June 30, 2025, and as outlined in paragraph (2) of this subsection, and until such option is exercised. The option exercised pursuant to this paragraph shall go into effect the next pay period beginning five business days following the exercise of such option. (2) To ensure that no superior court judge in office on July 1, 2025, has his or her salary, allowance, or county salary supplements decreased during his or her term of office, any superior court judge in office on July 1, 2025, who does not exercise the irrevocable option provided by paragraph (1) of this subsection shall continue to be compensated in precisely the same manner as he or she was compensated as of June 30, 2025, including, but not limited to, county supplements, in accordance with Article VI, Section VII, Paragraph V of the Constitution. (c) The annual salary shall be the total compensation to be paid by the state to the superior court judges and shall be in lieu of any and all other amounts to be paid from The Council of Superior Court Judges of Georgia, except as provided in Code Sections 15-6-29.1, 15-6-29.2, 15-6-30, and 15-6-32."

SECTION 3. Said article is further amended in Code Section 15-6-29.1, relating to accountability court supplement and limitation, by repealing subsection (c) in its entirety.

SECTION 4. Said article is further amended by adding a new Code section to read as follows:

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"15-6-29.2. (a) Except as provided for in subsection (b) of this Code section, on or after July 1, 2025, the county or counties comprising a judicial circuit may provide each judge of such circuit who either was not in office as a superior court judge as of July 1, 2025, or made an irrevocable election authorized by paragraph (1) of subsection (b) of Code Section 15-6-29, with locality pay as authorized by this Code section, and such judges shall not be eligible for county salary supplements provided by local Act. In no event shall locality pay exceed 10 percent of the state annual salary provided by Code Section 45-7-4 to such judge. All such locality pay shall be in lieu of and not in addition to any county salary supplements previously provided by the county or counties. All judges within a judicial circuit who are in office as of July 1, 2025, and exercise the option provided by paragraph (1) of subsection (b) of Code Section 15-6-29, or who take office after July 1, 2025, shall receive equal locality pay from any given county within such circuit that has opted to provide such pay. (b) In no event shall the annual locality pay provided to a judge by the county or counties comprising a judicial circuit in aggregate exceed the lesser of:
(1) 10 percent of the state annual salary paid to a superior court judge pursuant to Code Section 45-7-4; or (2) $20,106.00; provided, however, that if the state annual salary paid to superior court judges exceeds $201,060.00, then the maximum allowable amount of annual locality pay provided to a judge by the county or counties comprising a judicial circuit shall instead be equal to the difference between $20,106.00 and half of the amount by which such state annual salary exceeds $201,060.00. The intent of this paragraph is to provide for a gradual decrease in the maximum amount of allowable locality pay as the state annual salary provided by Code Section 45-7-4 to superior court judges exceeds $201,060.00 and continues to increase. (c) When a new superior court judgeship is created by law for any judicial circuit, the new superior court judge shall upon taking office become entitled to and shall receive from the county or counties comprising such circuit the same locality pay, if any, then in effect for the other judge or judges of such circuit. Such locality pay for such new judge shall be authorized by this subsection and no other legislation or local legislation shall be required to authorize such locality pay. (d) Except as provided for in subsection (b) of Code Section 15-6-29 and subsection (e) of this Code section and notwithstanding any other provision of law to the contrary, on and after July 1, 2025, no county or counties comprising a judicial circuit shall provide county salary supplements to a superior court judge. (e)(1) Nothing in subsection (d) of this Code section shall operate to prevent a county or counties comprising a judicial circuit from continuing to provide a local salary supplement to the chief judge of such circuit that was otherwise authorized by law on

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June 30, 2025. On or after July 1, 2025, no local supplement for a chief judge shall be enacted or increased. (2) For all judges who elect to exercise the option provided by paragraph (1) of subsection (b) of Code Section 15-6-29, to the extent the aggregate salary provided for by subsection (a) of Code Section 15-6-29 and locality pay provided for by subsection (a) of this Code section to a particular judge do not equal or exceed such judge's aggregate salary and local supplement in effect at the time of such judge's exercise of such option, then the county or counties of the circuit shall pay an additional supplement in an amount equal to the difference between the aggregate salary and supplement in effect at the time of such judge's exercise of such option and the aggregate salary provided for by subsection (a) of Code Section 15-6-29 and locality pay provided for by subsection (a) of this Code section. When an additional supplement is required by this paragraph in a circuit consisting of more than one county, then each county shall pay such additional supplement in proportion to each county's contribution to the local supplement in effect at the time of such judge's exercise of the option to participate. In no event shall the additional supplement required by this paragraph result in a judge's aggregate salary that exceeds the aggregate salary and supplement existing at the time of a judge's exercise of such option. (f) Nothing in subsection (d) of this Code section shall operate to prevent a county or counties comprising a judicial circuit from continuing to provide fringe benefits to any judge of such circuit in the same manner that such benefits were provided on June 30, 2025. (g) Nothing in this Code section or subsection (b) of Code Section 15-6-29 shall operate to alter, amend, contract, expand, extend, limit, modify, or terminate retirement benefits or rights thereto in existence prior to July 1, 2025. All judges who exercise the option provided by paragraph (1) of subsection (b) of Code Section 15-6-29 shall have no right to any benefit existing at the time such option is exercised reduced. To the extent otherwise permitted by law, each county within a judicial circuit is authorized, but not required, to provide retirement benefits based upon the locality pay it provides pursuant to subsection (a) of this Code section."

SECTION 5. Code Section 45-7-4 of the Official Code of Georgia Annotated, related to annual salaries of certain state officials and cost-of-living adjustments, is amended by repealing and reserving paragraph (20) of subsection (a) and adding a new subsection to read as follows:
"(d)(1) For the purposes of this subsection, the term 'base salary' means the annual salary fixed for the judges of the United States District Court for the Northern District of Georgia on July 1 of the second preceding state fiscal year. (2) Except as provided for in subsection (b) of Code Section 15-6-29, the annual salary of each superior court judge shall be set by the General Assembly in the General

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Appropriations Act, provided that such salary shall not exceed 90 percent of the base salary provided for in paragraph (1) of this subsection."

SECTION 6. Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, is amended by adding a new Code section to read as follows:
"1-3-12. (a)(1) Notwithstanding any provision of law to the contrary, as of July 1, 2025, all local laws and local ordinances or resolutions in effect as of such date that provide for a salary, supplement, or other compensation to be paid to a state, county, or local officer, official, or employee based on a percentage of, total compensation for, or similar mathematical relationship to any superior court judge's salary, supplement, or other compensation shall be suspended as a matter of law with respect to any increase in the salary, supplement, or other compensation paid to a superior court judge during the term of such suspension; provided, however, that such suspension shall not be applicable to any local law or local ordinance or resolution adopted after July 1, 2025. (2) During the period of the suspension provided for in paragraph (1) of this subsection: (A) No change in the salary of a superior court judge shall result in a change in the calculation of any compensation to be paid to a state, county, or local officer, official, or employee by any county, municipality, consolidated government, or other political subdivision; and (B) The compensation paid to any state, county, or local officer, official, or employee whose compensation is expressly based on a percentage of, total compensation for, or similar mathematical relationship to a superior court judge's salary, supplement, or other compensation shall remain at the same amount as provided at the beginning of such period of suspension, unless and until such suspension terminates with respect to such individual pursuant to paragraph (1) of subsection (b) of this Code section or the compensation paid to any such state, county, or local officer, official, or employee is modified pursuant to subsection (c) of this Code section. (3) The provisions of this subsection shall not repeal or amend any local law or local ordinance or resolution, but the provisions of local laws or local ordinances or resolutions related to calculating compensation based on a superior court judge's salary, supplement, or other compensation shall be merely suspended and shall remain suspended with respect to any change in such compensation until such suspension is lifted or such compensation is modified pursuant to subsection (b) or (c) of this Code section with respect to a given public officer, official, or employee. (b)(1) As of July 1, 2026, the suspension provided for in subsection (a) of this Code section shall be terminated with respect to all judges. Any salary or compensation change for a judge that otherwise would have gone into effect between July 1, 2025, and June 30, 2026, by operation of a local law or local ordinance or resolution if such suspension had not been in effect shall become effective for calculations of such judge's

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prospective salary or other compensation that may be earned on or after July 1, 2026, unless the local law or local ordinance or resolution that provides for a salary, supplement, or other compensation to be paid to such judge is repealed prior to July 1, 2026, or is amended, prior to July 1, 2026, to expressly modify the terms of such judge's compensation. (2) The suspension provided for in subsection (a) of this Code section shall remain in place for all officers, officials, and employees described in paragraph (1) of subsection (a) of this Code section other than judges, unless and until the compensation payable to any such other officer, official, or employee is modified pursuant to subsection (c) of this Code section. (3) The termination of a suspension provided for in subsection (a) of this Code section shall not entitle any person to retroactive compensation that he or she otherwise may have earned except for such suspension, and no such retroactive payments shall be made. (c)(1) Nothing in this Code section shall operate to prevent the General Assembly from at any time repealing or amending, in whole or in part, any local law that is suspended pursuant to subsection (a) of this Code section, and any such repeal or amendment shall become effective in the time and manner stated in the law implementing such repeal or amendment, without regard to the suspension provided for in this Code section. (2) Nothing in this Code section shall operate to prevent a county, municipality, consolidated government, or other political subdivision from, at any time, enacting any salary, supplement, or other compensation changes for any state, county, or local officer, official, or employee if otherwise authorized by general or local law, and any such change shall become effective in the time and manner stated in such lawful enactment, without regard to the suspension provided for in this Code section. (3) In no event shall any action described in paragraph (1) or (2) of this subsection:
(A) Authorize the payment of or entitle any superior court judge to any salary supplement or any locality pay in excess of the limits set forth in Code Section 15-6-29.2; or (B) Authorize the payment of or entitle any person to retroactive compensation that he or she otherwise may have earned except for any period of suspension. (d) The General Assembly finds that increases to superior court judges' compensation that become effective on or after July 1, 2025, may automatically trigger increases to other public officers, officials, and employees for whom existing legislation automatically ties their compensation to that of superior court judges and that these automatic increases in compensation would generally result in sudden financial hardship for local governments. Accordingly, it is the intent of this Code section that: (1) The salary of any state, county, or local officer, official, or employee whose salary, supplement, or other compensation is based on a percentage of, total compensation for, or similar mathematical relationship to a superior court judge's salary or supplement shall, during the period of any such suspension imposed by this Code section, remain the same as such salary, supplement, or other compensation was at the beginning of such period;

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(2) Such state, county, or local officer, official, or employee shall continue to receive such salary, supplement, or other compensation during the period of such suspension at the same rate or amount as at the beginning of such period; and (3) The amount of such salary, supplement, or other compensation shall remain unchanged until the occurrence of an event described in subsections (a) through (c) of this Code section, which includes:
(A) Such suspension being terminated pursuant to this Code section; (B) With respect to a salary, supplement, or other compensation set by local law, the General Assembly takes some affirmative action to set the salary, supplement, or other compensation by repealing or amending, in whole or in part, any local law that is suspended pursuant to subsection (a) of this Code section and such repeal or amendment becomes effective; or (C) With respect to a salary, supplement, or other compensation set by local ordinance or resolution, the county, municipality, consolidated, or other local government takes some affirmative action to set the salary, supplement, or other compensation and such action becomes effective."

SECTION 7. This Act shall become effective on July 1, 2025.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2025.

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PUBLIC OFFICERS AND EMPLOYEES CALCULATING AND SETTING THE SALARIES OF CERTAIN STATE OFFICIALS; REVISE PROVISIONS.

No. 113 (House Bill No. 86).

AN ACT

To amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials and cost-of-living adjustments, so as to revise provisions relating to calculating and setting the salaries of Justices of the Supreme Court, Judges of the Court of Appeals, the judge of the Georgia State-wide Business Court, and the judge of the Georgia State Tax Court; to provide for effective dates; 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 45-7-4 of the Official Code of Georgia Annotated, related to annual salaries of certain state officials and cost-of-living adjustments, is amended as follows:
"45-7-4. (a) The annual salary of each of the state officials listed below shall be as follows:
(1) Governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 175,000.00
An allowance in an amount specified in the appropriations Act shall also be provided for the operation of the Governor's mansion.
(2) Lieutenant Governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54,920.00
Notwithstanding any provision of law to the contrary, the annual salary for the Lieutenant Governor for the 2021 fiscal year shall be reduced by an amount equal to 14 percent of the amount received for such office during the 2020 fiscal year.
(3) Adjutant general
The adjutant general shall continue to receive the pay and allowances under the same procedure as provided by law.
(4) Commissioner of Agriculture. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100,429.00
(5) Attorney General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114,633.00
(6) Reserved.
(7) Commissioner of Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100,396.00
(8) Reserved.
(9) Commissioner of Labor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100,418.00
The above amount of salary for the Commissioner of Labor shall include any compensation received from the United States government and the amount of state funds paid shall be reduced by the amount of compensation received from the United States government.
(10) Reserved.
(11) Each member of the Public Service Commission. . . . . . . . . . . . . . . 96,655.00
(12) Reserved.

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(13) State School Superintendent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102,708.00
(14) Secretary of State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102,708.00
(15) Reserved.
(16) Reserved.
(17) Reserved.
(18) Reserved.
(19) Reserved.
(19.1) Reserved.
(20) Each superior court judge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126,265.00
(21) Each district attorney. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120,072.00
(22) Each member of the General Assembly. . . . . . . . . . . . . . . . . . . . . . 16,200.00
(A) Notwithstanding any provision of law to the contrary, the annual salary for each member of the General Assembly for the 2021 fiscal year shall be reduced by an amount equal to 10 percent of the amount received for such office during the 2020 fiscal year.
(B) Each member of the General Assembly shall also receive the allowances provided by law. The amount of the daily expense allowance which each member is entitled to receive under the provisions of Code Section 28-1-8 shall be as provided in that Code section. The mileage allowance for the use of a personal car on official business shall be the same as that received by other state officials and employees.
(C) In addition to any other compensation and allowances authorized for members of the General Assembly, each member may be reimbursed for per diem differential and for actual expenses incurred in the performance of duties as a member of the General Assembly in an amount not to exceed $7,000.00 per year. Expenses reimbursable up to such amount shall be limited to one or more of the following purposes: lodging, meals, per diem differential, postage, personal services, printing and publications, rents, supplies (including software), telecommunications, transportation, utilities, purchasing or leasing of equipment, and other reasonable expenditures directly related to the performance of a member's duties. If equipment purchased by a member has a depreciated value of $100.00 or less when such member leaves office, the equipment

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does not need to be returned to the state. No reimbursement shall be made for any postage which is used for a political newsletter. No reimbursement shall be paid for lodging or meals for any day for which a member receives the daily expense allowance as provided in this paragraph. Eligible expenses shall be reimbursed following the submission of vouchers to the legislative fiscal office in compliance with the requirements of this subparagraph and subject to the provisions of subparagraph (E) of this paragraph. Such vouchers shall be submitted in such form and manner as prescribed by the Legislative Services Committee pursuant to subparagraph (E) of this paragraph, provided that each such voucher shall be accompanied by a supporting document or documents, or legible copies thereof, showing payment for each expense claimed or an explanation of the absence of such documentation; in addition, each such voucher shall include a certification by the member that the information contained in such voucher and supporting document or documents, or legible copies thereof, is true and correct and that such expenses were incurred by the member. The provisions of Code Section 16-10-20 shall be applicable to any person submitting such certified vouchers and supporting documents or copies the same as if the General Assembly were a department or agency of state government. No such voucher or supporting document shall be required for per diem differential.
(D) The amount of per diem differential which may be claimed for each day under subparagraph (C) of this paragraph shall be the difference between the daily expense allowance authorized for members of the General Assembly and $119.00; provided, however, that the General Appropriations Act for any fiscal year may increase such amount of $119.00 per day to an amount not in excess of the federal per diem rate then in effect for the state capital as specified by the General Services Administration. Per diem differential shall be paid by the legislative fiscal office to the member upon the member's notification to the legislative fiscal office of the days for which the daily expense allowance was received for which the member wishes to claim the per diem differential, and the legislative fiscal office shall keep a record of the days for which per diem differential is so claimed and paid.
(E) For the purposes of this paragraph, a year shall begin on the convening date of the General Assembly in regular session each year and end on the day prior to the convening of the General Assembly in the next calendar year. Any voucher or claim for any reimbursement for any

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year as defined in this paragraph shall be submitted no later than the fifteenth of April immediately following the end of such year. No reimbursement shall be made on any voucher or claim submitted after that date. Any amounts remaining in such expense account at the end of the first year of the two-year biennium may be claimed for expenses incurred during the second year of the two-year biennium. Any amounts remaining in any expense account which are not so claimed by April 15 of the year following the second year of the biennium and any amounts claimed which are returned as hereafter provided for in this paragraph shall lapse and shall be remitted by the legislative fiscal office to the general fund of the state treasury. Any former member of the General Assembly may be reimbursed for expenses incurred while a member of the General Assembly upon compliance with the provisions of this paragraph. The Legislative Services Committee is empowered to provide such procedures as it deems advisable to administer the provisions of this paragraph, including, but not limited to, definitions of the above list of items for which reimbursement may be made; provided, however, that the term 'other reasonable expenditures directly related to the performance of a member's duties' shall be as defined by policies adopted by the Speaker of the House of Representatives and by the Senate Administrative Affairs Committee as to reimbursement of such expenditures incurred by members of the House and Senate, respectively; and provided, further, that the amount of expenses which may be reimbursed within the limits of subparagraph (C) of this paragraph for travel outside the state may be as provided by policies adopted by the Speaker of the House of Representatives and by the Senate Administrative Affairs Committee as to such expenditures of members of the House and Senate, respectively. The Legislative Services Committee is further empowered to prescribe the form of the voucher or claim which must be submitted to the legislative fiscal office. In the event of any disagreement as to whether any reimbursement shall be made or any allowance shall be paid, the Legislative Services Committee shall make the final determination; except that in the event of any disagreement as to whether any reimbursement under subparagraph (C) of this paragraph shall be made for other reasonable expenses directly related to the performance of a member's duties or for travel outside the state, the Speaker of the House of Representatives shall make the final determination as to such expenses incurred by a member of the House, and the Senate Administrative Affairs Committee shall make the final determination as to such expenses incurred by a member of the Senate.

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In the event any reimbursement is made or any allowance is paid and it is later determined that such reimbursement or payment was made in error, the person to whom such reimbursement or payment was made shall remit to the legislative fiscal office the amount of money involved. In the event any such person refuses to make such remittance, the legislative fiscal office is authorized to withhold the payment of any other moneys to which such person is entitled until the amount of such reimbursement or payment which was made in error shall be realized.
(23) Speaker of the House of Representatives. . . . . . . . . . . . . . . . . . . . . 17,800.00
The Speaker of the House of Representatives shall also receive the salary and allowances authorized as a member of the General Assembly. Upon the taking of office by the members of the General Assembly on the convening day of the regular session of the General Assembly in 1983, the annual salary of the Speaker of the House of Representatives shall become $22,800.00. After such date, the Speaker shall also receive as additional salary a sum equal to the amount of salary over $30,000.00 per annum which is received by the Lieutenant Governor as of that date or thereafter; and the salary of the Speaker shall be adjusted at the beginning of each term so as to include such additional sum.
(24) President Pro Tempore of the Senate.. . . . . . . . . . . . . . . . . . . . . . . . 4,800.00
The President Pro Tempore of the Senate shall also receive the salary and allowances authorized as a member of the General Assembly.
(25) Speaker Pro Tempore of the House of Representatives. . . . . . . . . . 4,800.00
The Speaker Pro Tempore of the House of Representatives shall also receive the salary and allowances authorized as a member of the General Assembly. (b) As an adjustment except as qualified below as to members and member-officers of the General Assembly, the annual salary of each state official whose salary is established by Code Section 45-7-3, this Code section, and Code Sections 45-7-20 and 45-7-21, including members of the General Assembly, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Speaker Pro Tempore of the House of Representatives, may be increased by the General Assembly in the General Appropriations Act by a percentage not to exceed the average percentage of the increase in salary as may from time to time be granted to employees of the executive, judicial, and legislative branches of government. However, any increase for such officials shall not include within-grade step increases for which employees subject to compensation plans authorized and approved in accordance with Code Section 45-20-4 are eligible. Any increase granted

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pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees, except increases for members and member-officers of the General Assembly. That portion of the increase determined by the Legislative Services Committee to reflect a cost-of-living increase based upon objective economic criteria shall become effective for members and member-officers at the same time that funds are made available for the increase for such employees. The balance of the increase for members and member-officers of the General Assembly shall become effective on the convening of the next General Assembly in January of the next odd-numbered year. The Office of Planning and Budget shall calculate the average percentage increase. (c) The annual salary being received on June 30, 1980, shall be increased by 8 percent for each state official listed in subsection (a) of this Code section who:
(1) Is not a member of the General Assembly; and (2) Is not a contributing member of a state retirement system and, therefore, does not benefit by or participate in any program whereunder a portion of the employee contributions to the state retirement system are made on behalf of the employee by the employer. (d)(1) For the purposes of this subsection, the term 'base salary' means the annual salary fixed for the judges of the United States District Court for the Northern District of Georgia on July 1 of the second preceding state fiscal year. (2) The annual salary of each of the state officials listed below shall be set by the General Assembly in the General Appropriations Act, provided that such salary shall not exceed the ratio of the base salary listed below for such officials:
(A) Each Justice of the Supreme Court. . . . . . . . . . . . . . . . . . . . . . . . . . 100 percent (B) Each Judge of the Court of Appeals.. . . . . . . . . . . . . . . . . . . . . . . . . . 99 percent (C) Judge of the Georgia State-wide Business Court.. . . . . . . . . . . . . . . . 95 percent"

SECTION 2. Code Section 45-7-4 of the Official Code of Georgia Annotated, related to annual salaries of certain state officials and cost-of-living adjustments, is revised by amending subsection (d) as follows:
"(d)(1) For the purposes of this subsection, the term 'base salary' means the annual salary fixed for the judges of the United States District Court for the Northern District of Georgia on July 1 of the second preceding state fiscal year. (2) The annual salary of each of the state officials listed below shall be set by the General Assembly in the General Appropriations Act, provided that such salary shall not exceed the ratio of the base salary listed below for such officials:
(A) Each Justice of the Supreme Court. . . . . . . . . . . . . . . . . . . . . . . . . . 100 percent (B) Each Judge of the Court of Appeals.. . . . . . . . . . . . . . . . . . . . . . . . . . 99 percent (C) Judge of the Georgia State-wide Business Court.. . . . . . . . . . . . . . . . 95 percent (D) Judge of the Georgia Tax Court.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 percent"

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SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective:
(1) On June 1, 2025, to the extent that necessary funds have been appropriated in an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2024, and ending June 30, 2025, as amended; or (2) On July 1, 2025, if necessary funds have not been appropriated in an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2024, and ending June 30, 2025, as amended. (b) Section 2 of this Act shall become effective on July 1, 2026.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2025.

__________

GUARDIAN AND WARD REVISE LIST OF PROVIDERS WHO ARE AUTHORIZED TO PARTICIPATE IN THE PROCESSES FOR APPOINTMENT OF A GUARDIAN FOR AN ADULT.

No. 114 (House Bill No. 36).

AN ACT

To amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to revise the list of providers who are authorized to participate in the processes for appointment of a guardian for an adult, the modification and termination of such guardianship, and the appointment of emergency guardian; to revise the list of providers who are authorized to participate in the processes for appointment of a conservator for an adult, the modification and termination of such conservatorship, and the appointment of emergency conservator; to provide for limitations on the powers and duties of certain emergency conservators; to revise and provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by revising paragraph (10) of Code Section 29-1-1, relating to definitions, as follows:
"(10) 'Licensed clinical social worker' means a social worker who is licensed as such in accordance with the provisions of Chapter 10A of Title 43."

SECTION 2. Said title is further amended in Code Section 29-4-1, relating to prerequisite findings prior to appointment of guardian for adult and extent of guardianship, by adding a new paragraph to subsection (e) to read as follows:
"(3) An adult shall not be presumed to be in need of a guardian solely because of a finding that the adult has one or more developmental disabilities as defined in paragraph (8) of Code Section 37-1-1."

SECTION 3. Said title is further amended in Code Section 29-4-10, relating to petition for appointment of guardian and requirements for petition, by revising paragraph (1) of subsection (c) as follows:
"(c)(1) The petition shall be sworn to by two or more petitioners or shall be supported by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical social worker, or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker is not available, a physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker who is authorized to practice in such federal facility."

SECTION 4. Said title is further amended in Code Section 29-4-11, relating to prerequisite judicial finding of probable cause, notice, petition, evaluations, and reporting requirements for appointment for guardians for adults, by revising subsection (d) as follows:
"(d)(1) If the petition is not dismissed pursuant to subsection (b) of this Code section, the court shall appoint an evaluator who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health licensed or registered under

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Chapter 26 of Title 43, a professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical social worker, or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker is not available, a physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker who is authorized to practice in such federal facility, other than the physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to subsection (c) of Code Section 29-4-10. (2) When evaluating the proposed ward, the physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker shall explain the purpose of the evaluation to the proposed ward. The proposed ward may remain silent. Any statements made by the proposed ward during the evaluation shall be privileged and shall be inadmissable as evidence in any proceeding other than a proceeding under this chapter. The proposed ward's legal counsel shall have the right to be present but shall not participate in the evaluation. (3) 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 his or her legal counsel and the time set shall not be sooner than the fifth day after the service of notice on the proposed ward. The court, however, shall have the exclusive power to change the place and time of the examination at any time upon reasonable notice being given to the proposed ward and to his or her legal counsel. If the proposed ward fails to appear, the court may order that the proposed ward be taken directly to and from a medical facility or the office of the physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker for purposes of evaluation only. The evaluation shall be conducted during the normal business hours of the facility or office and the proposed ward shall not be detained in the facility or office overnight. The evaluation may include, but not be limited to:
(A) A self-report from the proposed ward, if possible; (B) Questions and observations of the proposed ward to assess the functional abilities of the proposed ward; (C) A review of the records for the proposed ward, including, but not limited to, medical records, medication charts, and other available records; (D) An assessment of cultural factors and language barriers that may impact the proposed ward's abilities and living environment; and (E) All other factors the evaluator determines to be appropriate to the evaluation.

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(4) A written report shall be filed with the court no later than seven days after the evaluation, and the court shall serve a copy of the report by first-class mail upon the proposed ward and the proposed ward's legal counsel and guardian ad litem if appointed. (5) The report shall be signed under oath by the evaluator and shall:
(A) State the circumstances and duration of the evaluation, including a summary of questions or tests utilized, and the elements of the evaluation; (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 evaluator; (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. (6) The proposed ward's legal counsel may file a written response to the evaluation, provided the response is filed no later than the date of the commencement of the hearing on the petition for guardianship. The response may include, but is not limited to, independent evaluations, affidavits of individuals with personal knowledge of the proposed ward, and a statement of applicable law. In the response, the proposed ward's legal counsel may also challenge the sufficiency and weight of the results and conclusions of the evaluation and written report and the qualifications, experience, or abilities of the person performing the evaluation."

SECTION 5. Said title is further amended in Code Section 29-4-12, relating to judicial review of pleadings and evaluation report, findings, and hearing, by revising subsection (d) as follows:
"(d)(1) The hearing shall be held in a courtroom or, for good cause shown, at such other place as the court may choose. At the request of the proposed ward or the proposed ward's legal counsel and for good cause shown, the court may exercise its discretion to exclude the public from the hearing and the record shall reflect the court's action. The proposed ward or the proposed ward's legal counsel may waive the appearance of the proposed ward at the hearing. (2) The hearing shall be recorded by either a certified court reporter or a sound-recording device. The recording shall be retained for not less than 45 days from the date of the entry of the order described in Code Section 29-4-13. (3) The court shall apply the rules of evidence applicable in civil cases. (4) At the hearing, the proposed ward may also challenge, by appropriate evidence and argument, the sufficiency and weight of the results and conclusions of the evaluation and written report and the qualifications, experience, or abilities of the person performing the evaluation. The proposed ward shall have the right to present such evidence and argument regardless of whether the proposed ward's legal counsel raised such matters in

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a written response submitted by the proposed ward's legal counsel pursuant to paragraph (6) of subsection (d) of Code Section 29-4-11. (5) The court shall utilize the criteria in Code Section 29-4-1 to determine whether there is clear and convincing evidence of the need for a guardianship in light of the evidence taken at the hearing. In addition, the court may consider the evaluation report and any response filed or argument and evidence presented by the proposed ward. The burden of proof shall be upon the petitioner. (6) If the court finds that the proposed ward has one or more developmental disabilities as defined in paragraph (8) of Code Section 37-1-1, the court shall not find that there is a need for a guardianship unless the evidence shows by clear and convincing evidence that, due to such developmental disability or disabilities and other factors that may be present, the proposed ward lacks sufficient capacity to make or communicate significant responsible decisions concerning his or her health or safety. (7) Upon determination of the need for a guardianship, the court shall determine the powers, if any, which are to be retained by the proposed ward, in accordance with the provisions of Code Section 29-4-21 and whether any additional powers are to be granted to the guardian, pursuant to the provisions of subsection (b) of Code Section 29-4-23. (8) If the court determines that a guardianship is necessary and the proposed ward is present, the proposed ward may suggest any individual as guardian. The court shall select as guardian the individual who will serve the best interest of the ward. (9) In any procedure under this chapter in which the judge of the court is unable to hear a case within the time required for such hearing, the judge shall appoint an individual to hear the case and exercise all the jurisdiction of the court in the case. Any individual appointed shall be a member of the State Bar of Georgia who is qualified to serve as the probate judge in that county and who is, in the opinion of the appointing judge, qualified for the duties by training and experience. The appointment may be made on a case-by-case basis or by making a standing appointment of one or more individuals. Any individual who receives a standing appointment shall serve at the pleasure of the judge who makes the appointment or the judge's successor in office. The compensation of an individual appointed shall be as agreed upon by the judge who makes the appointment and the individual appointed, with the approval of the governing authority of the county for which the individual is appointed, and shall be paid from county funds. All fees collected for the service of the appointed individual shall be paid into the general funds of the county."

SECTION 6. Said title is further amended in Code Section 29-4-14, relating to petition for appointment of emergency guardian of an adult and requirements of petition, by revising paragraph (1) of subsection (d) as follows:
"(d)(1) The petition shall be sworn to by two or more petitioners or shall be supported by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43,

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a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical social worker, or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker is not available, a physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker authorized to practice in such federal facility."

SECTION 7. Said title is further amended in Code Section 29-4-15, relating to prerequisite findings prior to appointment of emergency guardian, evaluation, notice, and hearing, by revising subsection (c) as follows:
"(c) If the court determines that there is probable cause to believe that the proposed ward is in need of an emergency guardian, the court shall:
(1) Immediately appoint legal counsel to represent the proposed ward at the emergency hearing, which counsel may be the same counsel who is appointed to represent the proposed ward in the hearing on the petition for guardianship or conservatorship, if any such petition has been filed, and shall inform counsel of the appointment; (2) Order an emergency hearing to be conducted not sooner than three days nor later than five days after the filing of the petition; (3) Order an evaluation of the proposed ward by an evaluator who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical social worker, other than the physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to paragraph (1) of subsection (d) of Code Section 29-4-10. The evaluation shall be conducted within 72 hours of the time the order was issued and a written report shall be furnished to the court and made available to the parties within this time frame, which evaluation and report shall be governed by the provisions of subsection (d) of Code Section 29-4-11; (4) Immediately notify the proposed ward of the proceedings by service of all pleadings on the proposed ward, which notice shall:
(A) Be served personally on the proposed ward by an officer of the court and shall not be served by mail;

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(B) Inform the proposed ward that a petition has been filed to have an emergency guardian appointed for the proposed ward, that the proposed ward has the right to attend any hearing that is held, and that, if an emergency guardian is appointed, the proposed ward may lose important rights to control the management of the proposed ward's person; (C) Inform the proposed ward of the place and time at which the proposed ward shall submit to the evaluation provided for by paragraph (3) of this subsection; (D) Inform the proposed ward of the appointment of legal counsel; and (E) Inform the proposed ward of the date and time of the hearing on the emergency guardianship; and (5) Appoint an emergency guardian to serve until the emergency hearing, with or without prior notice to the proposed ward, if the threatened risk is so immediate and the potential harm so irreparable that any delay is unreasonable and the existence of the threatened risk and potential for irreparable harm is certified by the affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical social worker. Appointment of an emergency guardian under this paragraph is not a final determination of the proposed ward's need for a nonemergency guardian. Any emergency guardian appointed under this paragraph shall have only those powers and duties specifically enumerated in the letters of emergency guardianship, and the powers and duties shall not exceed those absolutely necessary to respond to the immediate threatened risk to the ward."

SECTION 8. Said title is further amended by revising Code Section 29-4-16, relating to conduct of emergency guardianship hearing and limitations on emergency guardianship, as follows:
"29-4-16. (a) The court shall conduct the emergency guardianship hearing, at the time and date set forth in its order, to determine whether there is clear and convincing evidence of the need for an emergency guardianship in light of the evidence taken at the hearing. In addition to the evidence at the hearing, the court may consider the evaluation report and any response filed by the proposed ward. The proposed ward may also challenge, by appropriate evidence and argument, the sufficiency and weight of the results and conclusions of the evaluation and written report and the qualifications, experience, or abilities of the person performing the evaluation. The burden of proof shall be upon the petitioner. Upon the consent of the petitioner and the proposed ward, the court may grant a continuance of the case for a period not to exceed 30 days. (b) If the court at the emergency hearing finds that an emergency guardianship is necessary, the court shall order the emergency guardianship; provided, however, that:

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(1) Any emergency guardian shall have only those powers and duties specifically enumerated in the letters of emergency guardianship and the powers and duties shall not exceed those absolutely necessary to respond to the immediate threatened risk to the ward; (2) The court may order the emergency guardian to make any report the court requires; (3) If the court finds that the proposed ward has one or more developmental disabilities as defined in paragraph (8) of Code Section 37-1-1, the court shall not find that there is a need for an emergency guardianship unless the evidence shows by clear and convincing evidence that, due to such developmental disability or disabilities and other factors that may be present, the proposed ward lacks sufficient capacity to make or communicate significant responsible decisions concerning his or her health or safety and there is an immediate and substantial risk of death or serious physical injury, illness, or disease unless an emergency guardian is appointed; and (4) The emergency guardianship shall terminate on the earliest of:
(A) The court's removal of the emergency guardian, with or without cause; (B) The effective date of the appointment of a guardian; (C) Unless otherwise specified in the order of dismissal, the dismissal of a petition for appointment of a guardian; (D) The date specified for the termination in the order appointing the emergency guardian; (E) Sixty days from the date of appointment of the emergency guardian, provided that the court had jurisdiction to issue such order under paragraph (1) of Code Section 29-11-12; or (F) Ninety days from the date of appointment of the emergency guardian, provided that the court had jurisdiction to issue such order under paragraph (2) or (3) of Code Section 29-11-12."

SECTION 9. Said title is further amended in Code Section 29-4-41, relating to modification of guardianship, by revising subsection (b) as follows:
"(b) If the petition for modification alleges a significant change in the capacity of the ward, it must be supported either by the affidavits of two persons who have knowledge of the ward, one of whom may be the petitioner, or of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical social worker, setting forth the supporting facts and determinations. If, after reviewing the petition and the affidavits, the court determines that there is no probable cause to believe that there has been a significant change in the capacity of the ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall

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order that an evaluation be conducted, in accordance with the provisions of subsection (d) of Code Section 29-4-11. If, after reviewing the evaluation report, the court finds that there is no probable cause to believe that there has been a significant change in the capacity of the ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall schedule a hearing, with notice as the court deems appropriate."

SECTION 10. Said title is further amended in Code Section 29-4-42, relating to termination of guardianship, required evidence, burden of proof, and return of property, by revising subsection (b) as follows:
"(b) A petition for termination must be supported either by the affidavits of two persons who have knowledge of the ward, one of whom may be the petitioner, or of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical social worker, setting forth the supporting facts and determinations. If, after reviewing the petition and the affidavits, the court determines that there is no probable cause to believe that the guardianship should be terminated, the court shall dismiss the petition. If the petition is not dismissed, the court shall order that an evaluation be conducted, in accordance with the provisions of subsection (d) of Code Section 29-4-11. If, after reviewing the evaluation report, the court finds that there is no probable cause to believe that the guardianship should be terminated, the court shall dismiss the petition. If the petition is not dismissed, the court shall schedule a hearing, with such notice as the court deems appropriate."

SECTION 11. Said title is further amended in Code Section 29-4-70, relating to right of ward to appeal, procedure, and appointment of emergency guardian, by revising subsection (d) as follows:
"(d) Pending any appeal, the superior court or a probate court that is described in paragraph (2) of Code Section 15-9-120 may appoint an emergency guardian with such powers and duties as are described in Code Section 29-4-16; provided, however, that an emergency guardian may be appointed only upon the filing of an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical social worker, setting forth the existence of the emergency circumstances described in subsection (d) of Code Section 29-4-14 and after a hearing at which other evidence may be presented. The appointment of an emergency guardian is not appealable."

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SECTION 12. Said title is further amended in Code Section 29-5-1, relating to conservator for adults, best interest of the adult, no presumption of need for conservator, and objective of conservatorship, by adding a new paragraph to subsection (e) to read as follows:
"(3) An adult shall not be presumed to be in need of a conservator solely because of a finding that the adult has one or more developmental disabilities as defined in paragraph (8) of Code Section 37-1-1."

SECTION 13. Said title is further amended in Code Section 29-5-10, relating to petition for appointment of conservator and requirements of petition, by revising paragraph (1) of subsection (c) as follows:
"(c)(1) The petition shall be sworn to by two or more petitioners or shall be supported by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical social worker, or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker is not available, a physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker authorized to practice in such federal facility."

SECTION 14. Said title is further amended in Code Section 29-5-11, relating to prerequisite finding prior to appointment of conservator, notice, evaluation, and written report, by revising subsection (d) as follows:
"(d)(1) If the petition is not dismissed pursuant to subsection (b) of this Code section, the court shall appoint an evaluator who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical social worker, or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker is not available, a physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker authorized to practice in such

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federal facility other than the physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to subsection (c) of Code Section 29-5-10. (2) When evaluating the proposed ward, the physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker shall explain the purpose of the evaluation to the proposed ward. The proposed ward may remain silent. Any statements made by the proposed ward during the evaluation shall be privileged and shall be inadmissable as evidence in any proceeding other than a proceeding under this chapter. The proposed ward's legal counsel shall have the right to be present but shall not participate in the evaluation. (3) 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 to his or her legal counsel and the time set shall not be sooner than the fifth day after the service of notice on the proposed ward. The court, however, shall have the exclusive power to change the place and time of the examination at any time upon reasonable notice being given to the proposed ward and to his or her legal counsel. If the proposed ward fails to appear, the court may order that the proposed ward be taken directly to and from a medical facility, office of a physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker for purposes of evaluation only. The evaluation shall be conducted during the normal business hours of the facility or office, and the proposed ward shall not be detained in the facility or office overnight. The evaluation may include, but not be limited to:
(A) A self-report from the proposed ward, if possible; (B) Questions and observations of the proposed ward to assess the functional abilities of the proposed ward; (C) A review of the records for the proposed ward, including, but not limited to, medical records, medication charts, and other available records; (D) An assessment of cultural factors and language barriers that may impact the proposed ward's abilities and living environment; and (E) All other factors the evaluator determines to be appropriate to the evaluation. (4) A written report shall be filed with the court no later than seven days after the evaluation, and the court shall serve a copy of the report by first-class mail upon the proposed ward and the proposed ward's legal counsel and guardian ad litem, if appointed. (5) The report shall be signed under oath by the evaluator and shall: (A) State the circumstances and duration of the evaluation, including a summary of questions or tests utilized, and the elements of the evaluation; (B) List all persons and other sources of information consulted in evaluating the proposed ward;

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(C) Describe the proposed ward's mental and physical state and condition, including all observed facts considered by the evaluator; (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. (6) The proposed ward's legal counsel may file a written response to the evaluation, provided the response is filed no later than the date of the commencement of the hearing on the petition for conservatorship. The response may include, but is not limited to, independent evaluations, affidavits of individuals with personal knowledge of the proposed ward, and a statement of applicable law. In the response, the proposed ward's legal counsel may also challenge the sufficiency and weight of the results and conclusions of the evaluation and written report and the qualifications, experience, or abilities of the person performing the evaluation."

SECTION 15. Said title is further amended in Code Section 29-5-12, relating to judicial review and proceedings, by revising subsection (d) as follows:
(d)(1) The hearing shall be held in a courtroom or, for good cause shown, at any other place as the court may set. At the request of the proposed ward or the proposed ward's legal counsel and for good cause shown, the court may exercise its discretion to exclude the public from the hearing and the record shall reflect the court's action. The proposed ward or the proposed ward's legal counsel may waive the appearance of the proposed ward at the hearing. (2) The hearing shall be recorded by either a certified court reporter or a sound-recording device. The recording shall be retained for not less than 45 days from the date of the entry of the order described in Code Section 29-5-138. (3) The court shall apply the rules of evidence applicable in civil cases. (4) At the hearing, the proposed ward may also challenge, by appropriate evidence and argument, the sufficiency and weight of the results and conclusions of the evaluation and written report and the qualifications, experience, or abilities of the person performing the evaluation. The proposed ward shall have the right to present such evidence and argument regardless of whether the proposed ward's legal counsel raised such matters in a written response submitted by the proposed ward's legal counsel pursuant to paragraph (6) of subsection (d) of Code Section 29-5-11. (5) The court shall utilize the criteria in Code Section 29-5-1 to determine whether there is clear and convincing evidence of the need for a conservatorship in light of the evidence taken at the hearing. In addition to the evidence at the hearing, the court may consider the evaluation report and any response filed by the proposed ward. The burden of proof shall be upon the petitioner. (6) If the court finds that the proposed ward has one or more developmental disabilities as defined in paragraph (8) of Code Section 37-1-1, the court shall not find that there is

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a need for a conservatorship unless the evidence shows by clear and convincing evidence that, due to such developmental disability or disabilities and other factors that may be present, the proposed ward lacks sufficient capacity to make or communicate significant responsible decisions concerning the management of his or her property. (7) Upon determination of the need for a conservatorship, the court shall determine the powers, if any, which are to be retained by the proposed ward, in accordance with the provisions of Code Section 29-5-21 and whether any additional powers shall be granted to the conservator pursuant to the provisions of subsections (b) and (c) of Code Section 29-5-23. (8) If the court determines that a conservatorship is necessary and the proposed ward is present, the proposed ward may suggest any person as conservator. The court shall select as conservator the person who shall serve the best interest of the ward. (9) In any procedure under this chapter in which the judge of the court is unable to hear a case within the time required for a hearing on the petition for conservatorship, the judge shall appoint an individual to serve to hear the case and exercise all the jurisdiction of the court in the case. Any individual so appointed shall be a member of the State Bar of Georgia who is qualified to serve as the probate judge in that county and who is, in the opinion of the appointing judge, qualified for the duties by training and experience. The appointment may be made on a case-by-case basis or by making a standing appointment of one or more individuals. Any individual who receives a standing appointment shall serve at the pleasure of the judge who makes the appointment or the judge's successor in office. The compensation of an individual so appointed shall be as agreed upon by the judge who makes the appointment and the individual appointed, with the approval of the governing authority of the county for which the individual is appointed, and shall be paid from county funds. All fees collected for the service of the appointed individual shall be paid into the general funds of the county."

SECTION 16. Said title is further amended in Code Section 29-5-14, relating to appointment of emergency conservator and requirements of petition, by revising paragraph (1) of subsection (d) as follows:
"(d)(1) The petition shall be sworn to by two or more petitioners or shall be supported by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical social worker, or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker is not available, a physician, psychologist, physician assistant, nurse practitioner,

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clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker authorized to practice in such federal facility."

SECTION 17. Said title is further amended in Code Section 29-5-15, relating to review of petition, dismissal, and requirements of court upon finding need for emergency conservator, by revising subsection (c) as follows:
"(c) If the court determines that there is probable cause to believe that the proposed ward is in need of an emergency conservator, the court shall:
(1) Immediately appoint legal counsel to represent the proposed ward at the emergency hearing, which counsel may be the same counsel who is appointed to represent the proposed ward in the hearing on the petition for guardianship or conservatorship, if any such petition has been filed, and shall inform counsel of the appointment; (2) Order an emergency hearing to be conducted not sooner than three days nor later than five days after the filing of the petition; (3) Order an evaluation of the proposed ward by an evaluator who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical social worker, other than the physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to paragraph (1) of subsection (d) of Code Section 29-5-10. Such evaluation shall be conducted within 72 hours of the time such order was issued, and a written report shall be furnished to the court and made available to the parties within such time, which evaluation and report shall be governed by the provisions of subsection (d) of Code Section 29-5-11; (4) Immediately notify the proposed ward of the proceedings by service of all pleadings on the proposed ward, which notice shall:
(A) Be served personally on the proposed ward by an officer of the court and shall not be served by mail; (B) Inform the proposed ward that a petition has been filed to have an emergency conservator appointed for the proposed ward, that the proposed ward has the right to attend any hearing that is held, and that, if an emergency conservator is appointed, the proposed ward may lose important rights to control the management of the proposed ward's property; (C) Inform the proposed ward of the place and time at which the proposed ward shall submit to the evaluation provided for by paragraph (3) of this subsection; (D) Inform the proposed ward of the appointment of legal counsel; and

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(E) Inform the proposed ward of the date and time of the hearing on the emergency conservatorship; and (5) Appoint an emergency conservator to serve until the emergency hearing, with or without prior notice to the proposed ward, if the threatened risk is so immediate and the potential harm so irreparable that any delay is unreasonable and the existence of the threatened risk and potential for irreparable harm is certified by the affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical social worker; provided, however, that, pending the emergency hearing, the court shall order that no withdrawals may be made from any account on the authority of the proposed ward's signature without the court's prior approval and that the emergency conservator shall not expend any funds of the proposed ward without prior court approval. Appointment of an emergency conservator under this paragraph is not a final determination of the proposed ward's need for a nonemergency conservator. Any emergency conservator appointed under this paragraph shall have only those powers and duties specifically enumerated in the letters of emergency conservatorship; such powers and duties shall not exceed those absolutely necessary to respond to the immediate threatened risk to the ward; and such powers and duties shall be subject to the limitations provided in this paragraph regarding the expenditures of funds of the ward."

SECTION 18. Said title is further amended by revising Code Section 29-5-16, relating to emergency conservatorship hearing and limitations on powers of emergency conservator, as follows:
"29-5-16. (a) The court shall conduct the emergency conservatorship hearing at the time and date set forth in its order to determine whether there is clear and convincing evidence of the need for an emergency conservatorship in light of the evidence taken at the hearing. In addition to the evidence at the hearing, the court may consider the evaluation report and any response filed by the proposed ward. The proposed ward may also challenge, by appropriate evidence and argument, the sufficiency and weight of the results and conclusions of the evaluation and written report and the qualifications, experience, or abilities of the person performing the evaluation. The burden of proof shall be upon the petitioner. Upon the consent of the petitioner and the proposed ward, the court may grant a continuance of the case for a period not to exceed 30 days. (b) If the court at the emergency hearing finds that an emergency conservatorship is necessary, the court shall order the emergency conservatorship; provided, however, that:
(1) Any emergency conservator shall have only those powers and duties specifically enumerated in the letters of emergency conservatorship and the powers and duties shall

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not exceed those absolutely necessary to respond to the immediate threatened risk to the ward; (2) The court may order the emergency conservator to make any report the court requires; (3) If the court finds that the proposed ward has one or more developmental disabilities as defined in paragraph (8) of Code Section 37-1-1, the court shall not find that there is a need for an emergency conservatorship unless the evidence shows by clear and convincing evidence that, due to such developmental disability or disabilities and other factors that may be present, the proposed ward lacks sufficient capacity to make or communicate significant responsible decisions concerning the management of his or her property and there is an immediate and substantial risk of irreparable waste or dissipation of the proposed ward's property unless an emergency conservator is appointed; and (4) The emergency conservatorship shall terminate on the earliest of:
(A) The court's removal of the emergency conservator, with or without cause; (B) The effective date of the appointment of a conservator; (C) Unless otherwise specified in the order of dismissal, the dismissal of a petition for appointment of a conservator; (D) The date specified for the termination in the order appointing the emergency conservator; or (E) Sixty days from the date of appointment of the emergency conservator."

SECTION 19. Said title is further amended in Code Section 29-5-23, relating to authority of conservator and cooperation with guardian or other interested parties, by revising paragraph (13) of subsection (a) and paragraph (5) of subsection (c) as follows:
"(13) Compromise any contested or doubtful claim for or against the ward if the proposed gross settlement is in the amount of $25,000.00 or less, provided that, for purposes of this paragraph, the term 'gross settlement' means the present value of all amounts paid or to be paid in settlement of the claim, including cash, medical expenses, expenses of litigation, attorney's fees, and any amounts allocated to a structured settlement or other similar financial arrangement; and" "(5) To compromise a contested or doubtful claim for or against the ward if the proposed gross settlement is more than $25,000.00, provided that, for purposes of this paragraph, the term 'gross settlement' means the present value of all amounts paid or to be paid in settlement of the claim, including cash, medical expenses, expenses of litigation, attorney's fees, and any amounts allocated to a structured settlement or other similar financial arrangement;"

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SECTION 20. Said title is further amended in Code Section 29-5-71, relating to modification of conservatorship, contents of petition for modification, and burden of proof, by revising subsection (b) as follows:
"(b) If the petition for modification alleges a significant change in the capacity of the ward, it must be supported either by the affidavits of two persons who have knowledge of the ward, one of whom may be the petitioner, or of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical social worker, setting forth the supporting facts and determinations. If, after reviewing the petition and the affidavits, the court determines that there is no probable cause to believe that there has been a significant change in the capacity of the ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall order that an evaluation be conducted, in accordance with the provisions of subsection (d) of Code Section 29-5-11. If, after reviewing the evaluation report, the court finds that there is no probable cause to believe that there has been a significant change in the capacity of the ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall schedule a hearing, with such notice as the court deems appropriate."

SECTION 21. Said title is further amended in Code Section 29-5-72, relating to termination of conservatorship, required evidence to support, burden of proof, and death of ward, by revising subsection (b) as follows:
"(b) A petition for termination must be supported either by the affidavits of two persons who have knowledge of the ward, one of whom may be the petitioner, or of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical social worker, setting forth the supporting facts and determinations. If, after reviewing the petition and the affidavits, the court determines that there is no probable cause to believe that the conservatorship should be terminated, the court shall dismiss the petition. If the petition is not dismissed, the court shall order that an evaluation be conducted in accordance with the provisions of subsection (d) of Code Section 29-5-11. If, after reviewing the evaluation report, the court finds that there is no probable cause to believe that the conservatorship should be terminated, the court shall dismiss the petition. If the petition is not dismissed, the court shall schedule a hearing with such notice as the court deems appropriate."

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SECTION 22. Said title is further amended in Code Section 29-5-110, relating to proceedings for appeal, appointment of guardians ad litem, bond and security prior to removal, liability of surety of predecessor conservator, and jurisdiction, by revising subsection (d) as follows:
"(d) Pending any appeal, the superior court or a probate court that is described in paragraph (2) of Code Section 15-9-120 may appoint an emergency conservator with powers and duties as are described in Code Section 29-5-16; provided, however, that such emergency conservator may be appointed only upon the filing of an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical social worker, setting forth the existence of the emergency circumstances described in subsection (d) of Code Section 29-5-14 and after a hearing at which other evidence may be presented. The appointment of an emergency conservator is not appealable."

SECTION 23. Said title is further amended by revising Code Section 29-9-16, relating to compensation to physicians, psychologists, or licensed clinical social workers, as follows:
"29-9-16. (a) For the evaluation or examination required by subsection (d) of Code Section 29-4-11, subsection (c) of Code Section 29-4-15, subsection (b) of Code Section 29-4-42, subsection (d) of Code Section 29-5-11, subsection (c) of Code Section 29-5-15, or subsection (b) of Code Section 29-5-71, the evaluating physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker shall receive a reasonable fee commensurate with the task performed, plus actual expenses. (b) In the event the attendance of the evaluating physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker shall be required by the court for a hearing under subsection (d) of Code Section 29-4-12, subsection (a) of Code Section 29-4-16, subsection (b) of Code Section 29-4-42, subsection (d) of Code Section 29-5-12, subsection (a) of Code Section 29-5-16, or subsection (b) of Code Section 29-5-71, other than pursuant to a subpoena requested by a party to the proceeding, the evaluating physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker shall receive a reasonable fee commensurate with the task performed, plus actual expenses. (c) All fees and expenses payable under subsection (a) or (b) of this Code section shall be assessed by the court and paid in accordance with the provisions of Code Section 29-9-3."

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SECTION 24. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2025.

__________

COURTS APPEAL AND ERROR; DECLARATORY JUDGMENTS IN INSTANCES INVOLVING ACCUSATIONS MADE BY A PROSECUTING ATTORNEY REGARDING CREDIBILITY OF A PEACE OFFICER; PROVIDE.

No. 115 (House Bill No. 288).

AN ACT

To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to require a person qualifying as a candidate for sheriff be a peace officer not under revocation by the Georgia Peace Officer Standards and Training Council; to provide for penalties; to provide for submission of a form completed by the executive director of such council; to provide for an exception; to provide for attestation that any person qualifying for the office of sheriff who is not a certified peace officer but holds or has held certain other positions is capable of and will obtain such certification after obtaining such office; to require notice by prosecuting attorneys that intend to question the credibility of a peace officer and place the name of such officer on a Giglio list; to authorize requests for reconsideration of such action; to provide for the development of policies and procedures by the Prosecuting Attorneys' Council of the State of Georgia; to provide for immunity; to provide for definitions; to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to provide for review by the Georgia Peace Officer Standards and Training Council of placement of the name of a peace officer on a Giglio list; to provide for notice; to provide standards for determination of credibility of such placement; to restrict the use of information relating to a Giglio list for employment purposes in certain instances; to provide for definitions; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure not required, so as to exempt records relative to Giglio lists from public disclosure; to provide for conforming changes; 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:

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SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code Section 15-16-1, relating to qualification requirements for sheriff and exemptions, by revising subparagraph (J) of paragraph (1) and paragraph (2) of subsection (c) and by revising subsection (d) as follows:
"(J) At the time of qualifying as a candidate for the office of sheriff, is a certified peace officer, as defined in Chapter 8 of Title 35, not under revocation by the Georgia Peace Officer Standards and Training Council and files with the officer before whom such person qualifies a form signed by the executive director of the Georgia Peace Officer Standards and Training Council, or his or her designee, that attests and certifies such; provided, however, that any person who is not a certified peace officer at the time of qualifying as a candidate for the office of sheriff but is a first responder, as such term is defined in Code Section 45-25-2, is a retired or honorably discharged member of the United States armed forces, or is a former or current local, state, or federal law enforcement officer shall swear or affirm before the officer before whom such person has qualified to seek the office of sheriff that he or she is capable of and will complete the requirements for certification within six months after taking office. Any such first responder, retired or honorably discharged member of the United States armed forces, or former or current local, state, or federal law enforcement officer who is not a certified peace officer at the time such person assumes the office of sheriff shall be required to complete satisfactorily the requirements for certification as a peace officer as provided in Chapter 8 of Title 35 within six months after such person takes office; provided, however, that an extension of the time to complete such requirements may be granted by the Georgia Peace Officer Standards and Training Council upon the presentation of evidence by a sheriff that he or she was unable to complete the basic training course and certification requirements due to illness, injury, military service, or other reasons deemed sufficient by such council. The Georgia Peace Officer Standards and Training Council shall make every effort to ensure that space is available for newly elected sheriffs who are not certified peace officers to attend the course as soon as possible after such persons take office. Such council shall notify the appropriate judge of the probate court whenever a newly elected sheriff who is not certified fails to become certified as a peace officer pursuant to the requirements of this subparagraph. (2) Each person offering his or her candidacy for the office of sheriff shall swear or affirm before the officer before whom such person has qualified to seek the office of sheriff that he or she meets all of the qualifications required by this subsection, except as otherwise provided in subparagraph (J) of paragraph (1) of this subsection, at the time such person qualifies, that he or she has complied or will comply with the requirements of subparagraph (G) of paragraph (1) of this subsection no later than the close of business on the third business day following the close of such qualification period, and that, if applicable, he or she will comply with the requirements of subparagraph (J) of paragraph (1) of this subsection within six months of taking office. Any person who

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knowingly provides false information in executing the affidavit required by this paragraph commits the offense of false swearing within the meaning of and subject to the penalties prescribed in Code Section 16-10-71 and submission of a false document in violation of Code Section 16-10-20." "(d) Exemption. The requirements of subparagraphs (c)(1)(D) through (c)(1)(F), (c)(1)(H), (c)(1)(I), and (c)(1)(J) of this Code section shall be deemed to have been met by any person who is currently serving as a duly qualified and elected sheriff of one of the several counties of this state."

SECTION 2. Said title is further amended by adding a new Code section to read as follows:
"15-18-33. (a) As used in this Code section, the term:
(1) 'Affected peace officer' shall have the same meaning as set forth in Code Section 35-8-2. (2) 'Giglio list' shall have the same meaning as set forth in Code Section 35-8-2. (b) Upon the placement of the name of a peace officer on a Giglio list by a prosecuting attorney, such prosecuting attorney shall send written notice of the intent to place the name of a peace officer on such list by registered or certified mail or statutory overnight delivery to the last known address of the employer of the affected peace officer and the Georgia Peace Officer Standards and Training Council. Such notice shall include: (1) The factual basis for the prosecuting attorney's decision to place the name of the peace officer on a Giglio list: (2) A statement informing the affected peace officer and his or her employing agency of the right to request relevant materials from the prosecuting attorney; (3) A statement informing the affected peace officer and his or her employing agency of the right to provide supplemental information to the prosecuting attorney; and (4) A statement informing the affected peace officer and his or her employing agency of the right to request reconsideration by the prosecuting attorney of the placement of such peace officer on a Giglio list. (c) An affected peace officer or his or her employing agency shall be authorized to submit a request for reconsideration on the decision to place the name of a peace officer on a Giglio list no later than 30 days after receipt of notice by such peace officer's employing agency pursuant to subsection (b) of this Code section. Upon receipt of a request for reconsideration pursuant to this subsection, the prosecuting attorney shall promptly review such request and either remove the name of the affected peace officer from the Giglio list or deny the request for reconsideration and keep the name of the affected peace officer on the Giglio list. Any such denial shall be in writing and include the specific reasons for such decision. If no request for reconsideration pursuant to this subsection is submitted by an affected peace officer or his or her employing agency, the name of the affected peace officer shall remain on the Giglio list unless and until the prosecuting attorney removes

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such name from the Giglio list due to receipt of material information that was unknown or unavailable at the time of the initial decision or when any investigation warrants removal in the opinion of the prosecuting attorney. (d) When a prosecuting attorney makes a determination to remove an affected peace officer's name from a Giglio list, such prosecuting attorney shall provide notice of such removal to the employing agency of the affected peace officer and the Georgia Peace Officer Standards and Training Council within 14 days of the removal in the same manner as provided by subsection (b) of this Code section. (e) The Prosecuting Attorneys' Council of the State of Georgia shall develop policies and procedures for the purposes of this Code section, which shall include placement and removal of the name of an affected peace officer on a Giglio list, the reconsideration process, and notice requirements. Any prosecuting attorney's office that maintains a Giglio list shall adopt the policies and procedures established pursuant to this subsection. (f) A prosecuting attorney shall be authorized to use an affected peace officer's inclusion on a Giglio list when making charging decisions related to a case and shall disclose to defense counsel or a defendant in any criminal case as required by law the fact of and basis for inclusion of an affected officer on such list including any notice or relevant materials as provided in subsection (b) of this Code section. (g) A prosecuting attorney shall be immune from civil liability that might otherwise incur or be imposed for placement of the name of a peace officer on a Giglio list unless the affected peace officer demonstrates that his or her inclusion on such a list was done with actual malice or with actual intent to cause injury to the affected peace officer. (h) Nothing in this Code section shall be construed to modify federal law or binding court precedent relating to disclosure duties of a prosecuting attorney in criminal prosecutions."

SECTION 3. Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, is amended in Code Section 35-8-2, relating to definitions, by adding two new paragraphs to read as follows:
"(.1) 'Affected peace officer' means a peace officer whose name is listed on a Giglio list." "(5.01) 'Giglio list' means a list of names compiled and maintained by a prosecuting attorney of officers disqualified from trial testimony because of identified or alleged issues of credibility or bias."

SECTION 4. Said chapter is further amended in Code Section 35-8-7, relating to powers and duties of the Georgia Peace Officer Standards and Training Council generally, by adding a new paragraph to read as follows:
"(14.1) Upon notice from a prosecuting attorney, to review the factual basis for the inclusion of any affected peace officer on a Giglio list;"

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SECTION 5. Said chapter is further amended in Code Section 35-8-7.1, relating to authority of council to refuse certificate to applicant or to discipline council certified officer or exempt officer, grounds, restoration of certificate, emergency suspension of certification, notice of investigation, and retention of records, by revising subsections (e) through (g) and by adding a new subsection to read as follows:
"(e)(1) Upon receipt of notice from a prosecuting attorney that the name of a peace officer has been placed on a Giglio list, the council shall initiate a review of the factual basis provided in such notice and notify the affected peace officer and the head of the law enforcement agency that employs such affected peace officer of such review. It shall be sufficient to identify the affected peace officer, state that review of the affected peace officer's name on a Giglio list has been initiated, and identify the prosecuting attorney who sent such notice. (2) In reviewing the inclusion of the name of an affected peace officer on a Giglio list pursuant to this subsection, the council shall consider:
(A) Any bias or injury against a specific defendant alleged by the prosecuting attorney to have occurred when the prosecuting attorney's notice relates to a specific criminal prosecution; (B) Allegations or instances of previous misleading, deceptive, untrue, or fraudulent statements made by the affected peace officer to the prosecuting attorney or while serving as a witness for the prosecuting attorney; (C) Whether the affected peace officer has pleaded guilty or been convicted, by final judgment and when all appeals have been exhausted, of an offense punishable as false swearing within the meaning of Code Section 16-10-71 or an offense of perjury pursuant to Code Section 16-10-70; and (D) Any allegations of acts or omissions which would otherwise subject the affected peace officer to discipline pursuant to subsection (a) of this Code section. (3) Upon completion of review pursuant to this subsection, the council shall notify the affected peace officer and the employing agency of the affected peace officer of its determination concerning the factual basis asserted by the prosecuting attorney. If the council determines from its review that discipline of the affected peace officer is warranted, notice sent pursuant to this paragraph shall include such information. If the council determines that discipline of the affected peace officer is not warranted, such matter shall be administratively dismissed, the affected peace officer's public status shall not reflect the occurrence of such investigation, and notice of such action shall be delivered to the head of the employing agency, the affected peace officer, and the prosecuting attorney who placed the affected peace officer on a Giglio list. No peace officer shall be suspended, revoked, or otherwise sanctioned solely based upon the placement of his or her name on a Giglio list. (f) Upon initiating an investigation of a peace officer for possible disciplinary action or upon disciplining a peace officer pursuant to this Code section, the council shall notify the

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head of the law enforcement agency that employs such peace officer of the investigation or disciplinary action. It shall be sufficient for such notice to identify the peace officer and state that a disciplinary investigation has been opened. If the investigation is completed without any further action, notice of the termination of such investigation shall also be provided to the head of the employing agency. In the case of disciplinary action, the notice shall identify the officer and state the nature of the disciplinary action taken. The notice of disposition shall be sent only after the action of the council is deemed final. (g) If the certification of a peace officer is suspended or revoked by either the executive director or council pursuant to this Code section, the council shall notify the head of the law enforcement agency that employs the peace officer; the district attorney of the judicial circuit in which such law enforcement agency is located; and the solicitor of the state court, if any, of the county in which such law enforcement agency is located. It shall be sufficient for this notice to identify the peace officer and state the length of time, if known, that the peace officer will not have powers of arrest. (h) Any notice required by this Code section shall be sent by certified mail or certificate of mailing. As used in this subsection, the term 'certificate of mailing' means a delivery method utilized by the United States Postal Service which provides evidence that an item has been sent and the date such item was accepted. (i) Notwithstanding Article 5 of Chapter 18 of Title 50, records of an investigation of a peace officer by the council, including, but not limited to, records used to investigate complaints against a peace officer and polygraph case files containing official polygraph reports, shall be retained for 30 years following the date that such investigation is deemed concluded by the council and then such records may be destroyed; provided, however, that the council shall have the authority to destroy such records prior to such 30 years where such peace officer is deceased and no action upon the complaint was taken by the council beyond the council's initial intake of such complaint."

SECTION 6. Said chapter is further amended in Code Section 35-8-7.2, relating to administrative procedure, hearings, and review, by revising subsection (a) as follows:
"(a) Except as otherwise provided in subsection (b) of this Code section, proceedings of the council in the exercise of its authority to issue any certificate, conduct a review of the inclusion of an affected peace officer on a Giglio list, or discipline any peace officer under the terms of this chapter shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In all such proceedings the council shall have authority to compel the attendance of witnesses and the production of any book, writing, or document upon the issuance of a subpoena therefor. In any hearing in which the fitness of a peace officer or applicant is in question, the council may exclude all persons from its deliberation of the appropriate action and may, when it deems necessary, speak to the peace officer or applicant in private. All final determinations, findings, and conclusions of the council under this chapter are final and conclusive decisions of the matters involved."

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SECTION 7. Said chapter is further amended by revising Code Section 35-8-8, relating to requirements for appointment or certification of persons as peace officers and preemployment attendance at basic training course and "employment related information" defined, and by redesignating the current provisions of subsection (c) of said Code section as a new Code section to read as follows:
"35-8-8. (a) Any person employed or certified as a peace officer shall:
(1) Be at least 18 years of age; (2) Be a citizen of the United States; (3) Have a high school diploma or its recognized equivalent; (4) Not have been convicted by any state or by the federal government of any crime the punishment for which could have been imprisonment in the federal or state prison or institution nor have been convicted of sufficient misdemeanors to establish a pattern of disregard for the law, provided that, for the purposes of this paragraph, violations of traffic laws and other offenses involving the operation of motor vehicles when the applicant has received a pardon shall not be considered; (5) Be fingerprinted for the purpose of conducting a fingerprint based search at the Georgia Bureau of Investigation and the Federal Bureau of Investigation to determine the existence of any criminal record; (6) Possess good moral character as determined by investigation under procedure established by the council and fully cooperate during the course of such investigation; (7) Be found, after examination by a licensed physician or surgeon, to be free from any physical, emotional, or mental conditions which might adversely affect his or her exercise of the powers or duties of a peace officer; and (8) Successfully complete a job related academy entrance examination provided for and administered by the council in conformity with state and federal law. Such examination shall be administered prior to entrance to the basic course provided for in Code Sections 35-8-9 and 35-8-11. The council may change or modify such examination and shall establish the criteria for determining satisfactory performance on such examination. The provisions of this paragraph establish only the minimum requirements of academy entrance examinations for peace officer candidates in this state; each law enforcement agency is encouraged to provide such additional requirements and any preemployment examination as it deems necessary and appropriate. Any person with a degree from a postsecondary institution accredited by a regional accrediting agency recognized by the United States Department of Education shall be deemed to have met the requirements of this paragraph. (b) Any person authorized to attend the basic training course prior to employment as a peace officer shall meet the requirements of subsection (a) of this Code section. (c) The executive director of the council, or his or her designee, shall promulgate a form which shall be available to any person seeking election to the office of sheriff. Such form

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shall provide for the attestation and certification by the executive director that the person seeking such form is a certified peace officer who is not under revocation by the council.

35-8-8.1. (a) As used in this Code section, the term 'employment related information' means written information contained in a prior employer's records or personnel files that relates to an applicant's, candidate's, or peace officer's performance or behavior while employed by such prior employer, including performance evaluations, records of disciplinary actions, and eligibility for rehire. Such term shall not include information prohibited from disclosure by federal law or any document not in the possession of the employer at the time a request for such information is received.
(b)(1) Where an investigation is conducted for the purpose of hiring, certifying, or continuing the certification of a peace officer, an employer shall disclose employment related information to the investigating law enforcement agency upon receiving a written request from such agency. Disclosure shall only be required under this subsection if the law enforcement agency's request is accompanied by a copy of a signed, notarized statement from the applicant, candidate, or peace officer releasing and holding harmless such employer from any and all liability for disclosing complete and accurate information to the law enforcement agency. (2) An employer may charge a reasonable fee to cover actual costs incurred in copying and furnishing documents pursuant to this subsection to a requesting law enforcement agency, including retrieving and redacting costs, provided such amount shall not exceed $25.00 or 25 per page, whichever is greater. No employer shall be required to prepare or create any document not already in the employer's possession at the time a request for employment related information is received. Any employment related information provided pursuant to this subsection that is not subject to public disclosure while in the possession of a prior employer shall continue to be privileged and protected from public disclosure as a record of the requesting law enforcement agency. (3) No employer or law enforcement agency shall be subject to any civil liability for any cause of action by virtue of disclosing complete and accurate information to a law enforcement agency in good faith and without malice pursuant to this subsection. In any such cause of action, malice or bad faith shall only be demonstrated by clear and convincing evidence. Nothing in this subsection shall be construed so as to affect or limit rights or remedies provided by federal law. (4) Before taking final action on an application for employment based, in whole or in part, on any unfavorable employment related information received from a previous employer, a law enforcement agency shall inform the applicant, candidate, or peace officer that it has received such employment related information and that the applicant, candidate, or peace officer may inspect and respond in writing to such information. Upon the applicant's, candidate's, or peace officer's request, the law enforcement agency shall allow him or her to inspect the employment related information and to submit a written

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response to such information. The request for inspection shall be made within five business days from the date that the applicant, candidate, or peace officer is notified of the law enforcement agency's receipt of such employment related information. The inspection shall occur not later than ten business days after said notification. Any response to the employment related information shall be made by the applicant, candidate, or peace officer not later than three business days after his or her inspection. (5) Nothing in this subsection shall be construed so as to require any person to provide self-incriminating information or otherwise to compel any person to act in violation of his or her right guaranteed by the Fifth Amendment of the United States Constitution and Article I, Section I, Paragraph XVI of the Georgia Constitution. It shall not be a violation of this subsection for a person to fail to provide requested information based on a claim that such information is self-incriminating provided that notice of such claim is served in lieu of the requested information. An action against such person to require disclosure on the grounds that the claim of self-incrimination is not substantiated may be brought in the superior court of the county of such party's residence or where such information is located. (c) A law enforcement agency that receives notice from a prosecuting attorney that the name of an affected peace officer has been placed on a Giglio list shall forward a copy of such notice to the council within 30 days of receipt for review pursuant to Code Section 35-8-7.1."

SECTION 8. Said chapter is further amended by revising Code Section 35-8-14, which is designated as reserved, as follows:
"35-8-14. (a) Upon receipt of notice from a prosecuting attorney that a peace officer employed by the law enforcement agency has been placed on a Giglio list, such agency shall provide a copy of such notice to the affected peace officer in as timely manner as possible, not to exceed three days from the date of receipt. If the affected peace officer is no longer employed by the law enforcement agency that receives such notice, the law enforcement agency shall forward such notice to be served in person or delivered by certified mail or statutory overnight delivery, return receipt requested, to the last known address of the affected peace officer. (b) A law enforcement agency that employs an affected peace officer shall not demote, suspend, discharge, impose discipline, or take adverse employment action upon an affected peace officer solely based upon the placement of such peace officer's name on a Giglio list. (c) A law enforcement agency that employs an affected peace officer shall be authorized to demote, suspend, discharge, impose discipline, or take adverse employment action upon an affected peace officer when:

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(1) An internal investigation establishes, based upon a preponderance of the evidence, that a factual basis exists for the reason provided by the prosecuting attorney for placement of the affected peace officer on a Giglio list; or (2) The council has imposed discipline upon the affected peace officer for the conduct identified by the prosecuting attorney which was the basis for placement of such officer on the Giglio list."

SECTION 9. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure not required, is amended by adding a new paragraph to subsection (a) to read as follows:
"(4.1) Records relating to Giglio lists, as such term is defined in Code Section 35-8-2;"

SECTION 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2025.

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CONSERVATION AND NATURAL RESOURCES "VINCE DOOLEY BATTLEFIELD TRUST FUND ACT"; ENACT.

No. 116 (House Bill No. 454).

AN ACT

To amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, so as to create the Vince Dooley Battlefield Trust Fund and Vince Dooley Battlefield Trust Fund Program; to provide for a short title; to provide for definitions; to provide matching grants to organizations seeking to acquire property interests in certain battlefields; to provide for procedures, requirements, and limitations for such fund and program; to provide for application and review criteria; to provide for expenditure of funds; to provide for annual accounting; to require that any acquisition include a perpetual conservation easement placing restrictions on the use or development of the property or interest therein; 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 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, is amended by adding a new article to read as follows:

"ARTICLE 13

12-3-710. This article shall be known and may be cited as the 'Vince Dooley Battlefield Trust Fund Act.'

12-3-711. As used in this article, the term:
(1) 'Conservation easement' shall have the same meaning as set forth in Code Section 44-10-2. (2) 'Department' means the Department of Natural Resources. (3) 'Fund' means the Vince Dooley Battlefield Trust Fund. (4) 'Matching contributions' means cash and the value of any contribution due to a bargain sale or the donation of land or interest therein made by the landowner as part of a project proposal. (5) 'Organization' means a not for profit charitable corporation or trust authorized to do business in this state which is involved in the acquisition and management of interests in land for historic preservation purposes and which has tax exempt status as a public charity under the Internal Revenue Code of 1986. (6) 'Program' means the Vince Dooley Battlefield Trust Fund Program. (7) 'Project proposal' means any application seeking money from the Vince Dooley Battlefield Trust Fund Program. (8) 'State agency' means the State of Georgia or any department, division, board, bureau, commission, or other agency of the executive branch of state government which has a mission to preserve, protect, or conserve natural, historical, or cultural resources.

12-3-712. (a)(1) The state treasurer shall establish a separate trust fund in the state treasury that shall be known as the Vince Dooley Battlefield Trust Fund, consisting of annual appropriations by the General Assembly to the fund, public or private grants, gifts, donations, or contributions dedicated to the fund for battlefield preservation, and moneys from any other source, including local, state, or federal program funds dedicated to the fund for battlefield preservation. (2) The state treasurer shall invest the money held in the fund in the same manner in which state funds are invested as authorized by the State Depository Board pursuant to

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Article 3 of Chapter 17 of Title 50. Interest earned by the money held in the fund shall be accounted for separately and shall be credited to the fund to be disbursed as other moneys in the fund. (b) Moneys held in the fund shall be expended by the department solely as provided in this article. (c) The department shall prepare an accounting of the funds expended pursuant to this article during the most recently completed fiscal year to be provided to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office by January 1 of each year.

12-3-713. (a) There is established the Vince Dooley Battlefield Trust Fund Program to be administered by the department. In administering the program, the department shall, each fiscal year, make available money from the Vince Dooley Battlefield Trust Fund for matching grants to any organization or state agency having a project proposal which has been reviewed and approved by the department. (b) The department shall make available money from the fund solely for the purpose of awarding grants to organizations or state agencies for the fee simple purchase of, or purchase of permanent protective interests in, any Georgia battlefield listed in the following reports:
(1) The Report on the Nation's Civil War Battlefields by the Civil War Sites Advisory Commission (Civil War Sites Advisory Commission/National Parks Service, 1993, as amended); or (2) The Report to Congress on the Historic Preservation of Revolutionary War and War of 1812 Sites in the United States by the American Battlefield Protection Program of the National Park Service (United States Department of the Interior/National Park Service, 2007, as amended). (c) Organizations seeking grant funding shall be required to provide at least $1.00 in matching contributions for each $1.00 received from the fund for the project proposal. Unless the applicant is a state agency, no state funds shall be included in determining the amount of such matching contributions. (d) Eligible costs for which money from the fund may be allocated include acquisition of land and any improvements thereon or permanent protective interests, such as perpetual conservation easements, and costs associated with such acquisitions, including the cost of any appraisals, environmental reports, surveys, title searches and title insurance, and other closing costs. (e) Grants from the fund shall not exceed 50 percent of the appraised value of the land or permanent protective interest therein. (f) Grants from the fund may be awarded for prospective purchases or for acquisitions on which the applicant has closed. In the latter case, the applicant shall demonstrate that:

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(1) The closing occurred no more than 12 months prior to the date of application for the grant; and (2) An identifiable threat to the resource or compelling need for preservation existed at the time of the purchase. (g) Money from the fund, in an amount not to exceed 5 percent of total moneys held by the fund, shall be made available to the department for costs incurred in administering the program each fiscal year.

12-3-714. The department shall establish guidelines for applications, evaluations, and awards from the fund in consultation with relevant battlefield preservation interests. In awarding grants, the department shall give primary consideration to the following factors:
(1) Significance of the battlefield that is the subject of the project proposal; (2) Degree to which the property or interest therein to be acquired falls within the core and study areas of the battlefield, as described in the relevant report of the American Battlefield Protection Program; (3) Proximity of the property to other protected lands; (4) Threats to the integrity of features associated with the relevant battle; (5) The financial capacity of the applicant to complete the project; and (6) The administrative capacity of the applicant to maintain and manage the property in a manner that is consistent with public interests, such as recreation, research, heritage tourism promotion, and orderly community development.

12-3-715. (a) Any organization making an acquisition of property or interest therein pursuant to this article shall grant to the department or other holder a perpetual conservation easement placing restrictions on the use or development of the property. In cases where the easement is granted to a holder other than the department, all terms and conditions of the easement shall accomplish the perpetual preservation of the property. Such other holder shall demonstrate to the department that it has the capacity and expertise to manage and enforce the terms of the easement. (b) Nothing in this Code section shall preclude the subsequent transfer or assignment by a state agency or other holder of any property interest acquired pursuant to this article to the State of Georgia or to the United States of America to be incorporated into a national park, national forest, national wildlife refuge, or other national conservation area in accordance with 54 U.S.C. Section 10010, 16 U.S.C. Section 551, the Fish and Wildlife Act of 1956 (16 U.S.C. Section 742a et seq.), or 16 U.S.C. Section 1131, as amended and applicable. The department shall facilitate transfers and assignments of any such interests."

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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2025.

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EDUCATION "TOP STATE FOR TALENT ACT"; ENACT.

No. 117 (House Bill No. 192).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to include specific references to programs included in the High-demand Career List published by the State Workforce Development Board with respect to the State Board of Education's minimum course of study in career education for students in grades six through 12; to establish an updated list of the state models and industry required content standards for focused programs of study to be developed by the Department of Education and approved by the State Board of Education and to require that such programs be aligned with programs included in such High-demand Career List; to extend a final report deadline and an automatic repealer for a program that allows certain students participating in the Dual Enrollment program to access HOPE grant funds for eligible CTAE courses; to require that the annual competitive grant program established by the State Board of Education for renovation, modernization, replacement, or purchase of equipment for the enhancement of certain programs shall also include programs that are included in such High-demand Career List; to provide for individual college and career plans for students in grades six through 12; to repeal a competitive grant program; to repeal requirements for certain grants; to repeal certain powers of the State Board of the Technical College System of Georgia relative to reporting a list of the courses that have been approved by the Board of Regents of the University System of Georgia and the State Board of the Technical College System of Georgia to be transferrable between institutions of the university system and units of the technical college system; to provide for rules and regulations; to make conforming changes; to provide for definitions; to revise a short title; to amend Chapter 14 of Title 34 of the Official Code of Georgia Annotated, relating to the State Workforce Development Board, so as to provide for evaluation methodology, reports, and purpose; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. This Act shall be known and may be cited as the "Top State for Talent Act."

SECTION 2. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-2-145.1, relating to career education, as follows:
"20-2-145.1. The State Board of Education shall prescribe a minimum course of study in career education for students in grades six through 12. Such minimum course of study shall be age appropriate and shall include, but not be limited to, career exploration and career oriented learning experiences in programs included in the High-demand Career List published by the State Workforce Development Board as provided in Code Section 34-14-3. Career oriented learning experiences shall include, but not be limited to, participation in work based learning programs such as internships, apprenticeships, cooperative education, or employability skill development. The State Board of Education shall ensure that career oriented learning experiences include rigorous industry credentialing, as defined in Code Section 20-2-326, if such rigorous industry credentialing has been created or endorsed by Georgia employers."

SECTION 3. Said title is further amended by revising Code Section 20-2-159.1, relating to focused programs of study, as follows:
"20-2-159.1. (a) The Department of Education shall develop, and the State Board of Education shall approve, state models and industry required content standards, after consultation with industries in Georgia and in collaboration with the Technical College System of Georgia and the University System of Georgia to ensure alignment with postsecondary opportunities, for the following focused programs of study, as defined in Code Section 20-2-326:
(1) Advanced manufacturing; (2) Construction; (3) Supply chain and transportation; (4) Arts, entertainment, and design; (5) Hospitality, events, and tourism; (6) Financial services; (7) Education; (8) Healthcare and human services; (9) Public service and safety; (10) Agriculture; (11) Energy and natural resources; (12) Digital technology;

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(13) Marketing and sales; and (14) Management and entrepreneurship. (b) The focused programs of study established pursuant to this Code section may include or be revised to include industry certifications or industry credentialing, as defined in Code Section 20-2-326, pertinent to any such focused program of study. The Department of Education and the Technical College System of Georgia shall jointly establish a list of industry credentials that are required by Georgia employers, in alignment with programs included in the High-demand Career List published by the State Workforce Development Board as provided in Code Section 34-14-3. Such list shall be made available on the Department of Education and the Technical College System of Georgia public websites. Such list shall be annually reviewed and updated as appropriate and made available prior to the beginning of the annual competitive grant application process provided for in subsection (j) of Code Section 20-2-260."

SECTION 4. Said title is further amended in Code Section 20-2-161.3, relating to the "Dual Enrollment Act," purpose, dual credit courses, eligibility for participation, eligibility for secondary course credits, eligibility to meet high school graduation requirements, eligibility for award of high school diploma, funding, limitations on total hours, exceptions, and eligibility for payment, by revising subsection (d) as follows:
"(d) In consultation with and subject to approval by the commission, the department shall develop appropriate forms and counseling guidelines for the program and shall make such forms and guidelines available to eligible high schools and eligible postsecondary institutions. No later than the first day of February each year, each eligible high school shall provide general information about the program, including such forms, to all its eligible high school students. An eligible high school shall also provide counseling services to such students and their parents or guardians before the students enroll in the program. Prior to participating in the program, the student and the student's parent or guardian shall sign the form provided by the eligible high school or by an eligible postsecondary institution stating that they have received the counseling specified in this subsection and that they understand the responsibilities that shall be assumed in participating in the program. Program information and materials shall be provided to each eighth grade public school student at the time the student is developing his or her individual college and career plan as required by Code Section 20-2-327."

SECTION 5. Said title is further amended by revising Code Section 20-2-161.4, relating to accessing HOPE scholarship funds for dual enrolled students and reports, as follows:
"20-2-161.4. (a)(1) Beginning July 1, 2023, each student participating in the Dual Enrollment program provided for in Code Section 20-2-161.3 who is eligible for a HOPE grant pursuant to

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Code Section 20-3-519.5 shall be allowed to access HOPE grant funds for eligible CTAE courses, as defined in Code Section 20-2-161.3, irrespective of whether such student has reached any maximum credit hour cap provided for in Code Section 20-2-161.3. (2) For three years beginning on July 1, 2023, the Georgia Student Finance Commission, in collaboration with the Technical College System of Georgia, shall collect and report data on:
(A) Student enrollment in and completion of at least one eligible CTAE course, as defined in Code Section 20-2-161.3, as part of the Dual Enrollment program provided for in Code Section 20-2-161.3; (B) HOPE grant funding and Dual Enrollment program funding, including, but not limited to, the number of students who received such funding and the maximum, mean, median, and mode amounts of such funding received by students; (C) Postsecondary credits earned by students who received such funding; (D) The number of students who enrolled in a postsecondary degree program after completing a program of study that includes at least one eligible CTAE course, as defined in Code Section 20-2-161.3, as part of the Dual Enrollment program provided for in Code Section 20-2-161.3; and (E) The number of students employed in a high-demand field after completing a focused program of study identified by the State Board of the Technical College System of Georgia as part of the High Demand Apprenticeship Program provided for in Code Section 20-4-152. No later than January 1 each year, the Georgia Student Finance Commission shall provide an interim report to the Governor, the President of the Senate, the Speaker of the House of Representatives, the director of the Office of Planning and Budget, and the chairpersons of the House Committee on Education, the Senate Education and Youth Committee, the House Committee on Higher Education, and the Senate Higher Education Committee. A final report shall be provided to the same no later than December 1, 2028. (3) The Georgia Student Finance Commission, in consultation with the State Board of Education, the State Board of the Technical College System of Georgia, and the Office of Workforce Development, shall establish rules and regulations to implement the provisions of this subsection. (b) This Code section shall stand repealed on June 30, 2028."

SECTION 6. Said title is further amended in Code Section 20-2-260, relating to capital outlay funds generally under the "Quality Basic Education Act," by revising subsection (j) as follows:
"(j) The State Board of Education shall establish an annual competitive grant program for renovation, modernization, replacement, or purchase of equipment for the enhancement of programs that are aligned with the priority areas identified by the State Workforce Development Board and included in the High-demand Career List published by the State Workforce Development Board as provided in Code Section 34-14-3. The State Board of

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Education in awarding grants shall give priority to local programs that demonstrate local industry support and postsecondary partnerships that are linked to the verified industry need."

SECTION 7. Said title is further amended by revising Code Section 20-2-325, relating to the short title relevant to the "Building Resourceful Individuals to Develop Georgia's Economy Act," as follows:
"20-2-325. This part shall be known and may be cited as the 'Top State for Talent Act.'"

SECTION 8. Said title is further amended by revising Code Section 20-2-326, relating to definitions relevant to the "Building Resourceful Individuals to Develop Georgia's Economy Act," as follows:
"20-2-326. For purposes of this part, the term:
(1) 'Articulation' means agreement between a high school and a postsecondary institution regarding the awarding of both secondary and postsecondary credit for a dual enrollment course. (2) 'College and career academy' means a specialized school established as a charter school or pursuant to a contract for a strategic waivers school system or charter system, which formalizes a partnership that demonstrates a collaboration between business, industry, and community stakeholders to advance work force development between one or more local boards of education, a private individual, a private organization, or a state or local public entity in cooperation with one or more postsecondary institutions. (3) 'Focused program of study' means a program of study with a rigorous academic core combined with a focus in mathematics and science; a focus in humanities, fine arts, and foreign language; or a coherent sequence of career pathway courses that is aligned with graduation requirements established by the State Board of Education and content standards established pursuant to Part 2 of this article that prepares a student for postsecondary education or immediate employment after high school graduation. (4) 'GAfutures.org' means the public website managed by the Georgia Student Finance Commission to provide students with tools and information for higher education planning and financial aid. (5) 'Georgia MATCH' means the college admissions program for Georgia high school students that is located at GAfutures.org. (6) 'Individual college and career plan' means a student specific plan developed in accordance with subsection (c) of Code Section 20-2-327 detailing the courses necessary for a high school student to graduate from high school and to successfully transition to postsecondary education and the work force.

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(7) 'Industry certification' means a process of program evaluation that ensures that individual programs meet state, national, or international industry standards in the areas of curriculum, teacher qualification, lab specifications, equipment, and industry involvement. (8) 'Industry credentialing' means a process through which students are assessed by an independent third-party certifying entity using predetermined standards for knowledge, skills, and competencies, resulting in the award of individual certification or state licensure or an occupational competency that is state, nationally, or internationally recognized. (9) 'Public college or university' means a two-year or four-year college, university, or other institution under the auspices of the Board of Regents of the University System of Georgia. (10) 'Teacher adviser' means an educator in the school who assists a small group of students and their parents or guardians throughout the students' high school careers to set postsecondary goals and help them prepare programs of study, utilizing assessments and other data to track academic progress on a regular basis; communicates frequently with parents or guardians; and provides advisement, support, and encouragement as needed. (11) 'Technical school or college' means a college, institution, or unit of the Technical College System of Georgia."

SECTION 9. Said title is further amended in Code Section 20-2-327, relating to recognition of advanced proficiency/honors courses and counseling and development of individual graduation plans relevant to the "Building Resourceful Individuals to Develop Georgia's Economy Act," by revising subsection (c) as follows:
"(c)(1) Students in grades six through 12 shall be provided counseling, advisement, career awareness, career interest and career demand inventories, and information to assist them in evaluating their academic skills, career oriented aptitudes, and career interests. Before the end of the second semester of the eighth grade, students shall develop an individual college and career plan based on their academic skills, career oriented aptitudes, and career interests in consultation with their parents, guardians, or individuals appointed by the parents or guardians to serve as their designee. A student's individual college and career plan shall be taken into consideration when scheduling a student's courses in ninth grade. High school students shall be provided guidance, advisement, and counseling annually that will enable them to successfully update and implement their individual college and career plans, preparing them for a seamless transition to postsecondary study, further training, or employment, including information regarding occupations, degrees, industry credentials, certifications, and technical skills; work-ready skills in demand by Georgia employers through the department's career pipeline website; and other career related information. An individual college and career plan shall:

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(A) Include rigorous academic core subjects and focused coursework in mathematics and science or in humanities, fine arts, and foreign language or sequenced career pathway coursework; (B) Incorporate provisions of a student's Individualized Education Program (IEP), where applicable; (C) Align educational and broad career goals and a student's course of study; (D) Be based on the student's selected academic and career focus area as approved by the student's parent or guardian; (E) Include experience based, career oriented learning experiences which may include, but not be limited to, participation in work based learning programs such as internships, apprenticeships, cooperative education, and employability skill development; (F) Include any applicable industry credentialing that pertains to the student's focused program of study; (G) Include opportunities for postsecondary studies through articulation, dual enrollment, and joint enrollment; (H) Be flexible to allow change in the course of study but be sufficiently structured to meet graduation requirements and qualify the student for admission to postsecondary education; (I) Be approved by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser; (J) Include, beginning in the ninth grade, the creation and utilization of a GAfutures account at GAfutures.org; and (K) Include the utilization of Georgia MATCH. (2) An individual college and career plan shall be reviewed annually, and revised, if appropriate, upon approval by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. An individual college and career plan may be changed at any time throughout a student's high school career upon approval by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. (3) The Georgia Student Finance Commission and the Department of Education shall annually collect and report on information to verify compliance with this Code section."

SECTION 10. Said title is further amended by revising Code Section 20-2-327.1, relating to industry credentialing for career, technical, and agricultural education programs and reporting relevant to the "Building Resourceful Individuals to Develop Georgia's Economy Act," as follows:
"20-2-327.1. (a) The State Board of Education, in collaboration with the Technical College System of Georgia, shall facilitate and encourage industry credentialing for career, technical, and agricultural education programs utilizing existing career pathways and individual college and career plans. Further, local school systems are authorized and encouraged to align

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competency based career education, along with enhanced work based learning experiences, as provided for in Code Section 20-2-161.2, to facilitate and make available to students opportunities to receive industry credentialing in programs included in the High-demand Career List published by the State Workforce Development Board as provided in Code Section 34-14-3. (b) No later than December 31, 2018, and annually thereafter, the Department of Education shall produce a return-on-investment report to the State Workforce Development Board and the Office of Planning and Budget as related to grant funds provided for in subsection (j) Code Section 20-2-260. Such report shall include the current and projected regional business and industry needs for the purpose of establishing annual goals and strategies to increase attainment rates of industry credentialing, including the development of additional industry credentials to enhance current industry certified programs."

SECTION 11. Said title is further amended by repealing and reserving Code Section 20-2-328, relating to a competitive grant program relevant to the "Building Resourceful Individuals to Develop Georgia's Economy Act."

SECTION 12. Said title is further amended by repealing Code Section 20-2-329, relating to requirements for high schools that receive reform grants as chronically low-performing high schools relevant to the "Building Resourceful Individuals to Develop Georgia's Economy Act," and enacting a new Code section to read as follows:
"20-2-329. The State Board of Education shall promulgate rules and regulations necessary to carry out the provisions of this part."

SECTION 13. Said title is further amended by repealing Code Section 20-2-329.1, relating to rules and regulations relevant to the "Building Resourceful Individuals to Develop Georgia's Economy Act."

SECTION 14. Said title is further amended in Code Section 20-2-2065, relating to waiver of provisions of this title, requirements for operating, and control and management relevant to the "Charter Schools Act of 1998," by revising paragraph (14) of subsection (b) as follows:
"(14) Subject to the provisions of subsection (c) of Code Section 20-2-327 relating to individual college and career plans; and"

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SECTION 15. Said title is further amended in Code Section 20-4-11, relating to powers of the State Board of the Technical College System of Georgia, by inserting "and" at the end of subparagraph (A) of paragraph (3), replacing the semicolon at the end of subparagraph (B) of such paragraph with a period, and repealing subparagraph (C) of such paragraph.

SECTION 16. Said title is further amended by revising Code Section 20-4-20, relating to authority of Board of Regents of University System of Georgia unabridged, agreements with the State Board of the Technical College System of Georgia, and awarding transferable postsecondary course credits, as follows:
"20-4-20. (a) Nothing in this article shall abridge the authority of the Board of Regents of the University System of Georgia to establish or operate colleges or of local boards of education to operate schools. (b) Notwithstanding any provision of subsection (a) of this Code section to the contrary:
(1) The Board of Regents of the University System of Georgia, the State Board of Education, and local boards of education are encouraged and expected:
(A) To work continuously with the State Board of the Technical College System of Georgia to develop and implement policies, programs, and practices that promote and advance the objectives of serving student needs, avoiding duplication of mission, using state resources efficiently, and expanding opportunities for postsecondary degree attainment in Georgia; and (B) Consistent with the objectives stated in subparagraph (A) of this paragraph, to enter into and amend existing agreements with the Technical College System of Georgia for awarding postsecondary course credits that are transferable between institutions of the university system, units of the technical college system, and the State Board of Education; and (2) The Board of Regents of the University System of Georgia, the State Board of the Technical College System of Georgia, and the State Board of Education are encouraged and expected to promote and allow institutions of the university system and units of the technical college system to enter into and amend existing agreements: (A) For awarding postsecondary course credits that are transferable between such institutions of the university system, units of the technical college system, and the State Board of Education; and (B) That are consistent with the objectives stated in subparagraph (A) of paragraph (1) of this subsection."

SECTION 17. Said title is further amended in Code Section 20-14-26, relating to duties relevant to the Office of Student Achievement, by inserting "and" at the end of paragraph (3) of

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subsection (a), replacing "; and" at the end of paragraph (4) of such subsection with a period, and by repealing paragraph (5) of such subsection.

SECTION 18. Chapter 14 of Title 34 of the Official Code of Georgia Annotated, relating to the State Workforce Development Board, is amended by revising Code Section 34-14-3, relating to High-demand Career List, as follows:
"34-14-3. (a) The State Workforce Development Board shall develop and approve a High-demand Career List that shall identify those careers most critical to the state's current and future workforce needs. As directed by the Governor, the State Workforce Development Board shall coordinate and collaborate with the Office of Student Achievement, the Department of Education, the Technical College System of Georgia, the University System of Georgia, and the Georgia Student Finance Commission to develop and implement a data-driven methodology to determine which careers merit inclusion on High-demand Career List, regionally or state wide. The High-demand Career List shall:
(1) Include the skills, certificates, licenses, diplomas, degrees, or other credentials required by employers for the high-demand careers included on the list; and (2) Be approved annually on or before December 31 by the State Workforce Development Board; (3) Be submitted annually on or before December 31 by the State Workforce Development Board to the Governor; the President of the Senate; the Speaker of the House of Representatives; the respective chairs of the House Committee on Higher Education, the Senate Education and Youth Committee, the House Committee on Education, the Senate Higher Education Committee; and the Office of Planning and Budget; and (4) Be published annually on or before December 31 on the public websites of the State Workforce Development Board, the Office of Student Achievement, the Department of Education, the Technical College System of Georgia, the University System of Georgia, and the Georgia Student Finance Commission. (b) All state agencies and political subdivisions of the state, including local school systems, shall utilize the High-demand Career List to inform their use of federal and state funding for secondary, postsecondary, and adult education programs that lead to certificates, licenses, diplomas, degrees, or other credentials in careers on the list to ensure alignment with such list and effective use of funding by such entities."

SECTION 19. Said chapter is further amended by adding new Code sections to read as follows:
"34-14-4. (a) The State Workforce Development Board shall be responsible for oversight of a return on investment analysis to evaluate and report on the effectiveness of secondary and

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postsecondary programs aligned with the priority areas identified by the State Workforce Development Board and included on the High-demand Career List published by the State Workforce Development Board as provided in Code Section 34-14-3. (b) As directed by the Governor, the State Workforce Development Board shall coordinate and collaborate with the Office of Student Achievement, the Department of Education, the Technical College System of Georgia, the University System of Georgia, and the Georgia Student Finance Commission to develop the return on investment methodology utilizing an analysis of data sources that include, but are not limited to, existing federal and state resources, longitudinal outcome tracking of student information, enrollment and program outcomes, and labor market analysis. (c) The evaluation and report required by this Code section shall include a comprehensive review of student participation and outcomes, program alignment with labor market needs, and recommendations for programmatic adjustments to better meet the needs of Georgia's businesses, industries, and workforce and shall address, at a minimum, the following:
(1) The percentage of program graduates employed including retention rates and wage growth over time; (2) Comparison of graduates' average wages to state, national, and industry benchmarks, with wage growth assessed at two-year, five-year, and ten-year intervals post-completion; (3) The extent to which skills, certificates, licenses, diplomas, degrees, or other credentials offered by the State Board of Education, the University System of Georgia, and the Technical College System of Georgia align with the High-demand Career List published by the State Workforce Development Board as provided in Code Section 34-14-3; (4) The percentage of students, at both the secondary and post-secondary levels, that are obtaining any credentials identified in paragraph (3) of this subsection; and (5) Transparent information to stakeholders regarding program availability and outcomes. (d) The evaluation and report required by this Code section shall be: (1) Approved by the State Workforce Development Board on or before December 1 of each even-numbered year; (2) Submitted by the State Workforce Development Board to the Governor; the President of the Senate; the Speaker of the House of Representatives; the respective chairs of the House Committee on Education, the Senate Education and Youth Committee, the House Committee on Higher Education, and the Senate Higher Education Committee; and the Office of Planning and Budget; and (3) Published on the public websites of the State Workforce Development Board, the Office of Student Achievement, the Department of Education, the University System of Georgia, the Technical College System of Georgia, and the Georgia Student Finance Commission on or before December 31 of each even-numbered year. (e) All state agencies and political subdivisions of the state, including postsecondary education institutions and local school systems, shall cooperate in collecting and sharing

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all data and other pertinent information necessary for the implementation of the evaluation and preparation of the report required by this Code section, subject to applicable privacy protections, within a predetermined time frame as set by the State Workforce Development Board. Such agencies and political subdivisions shall use the findings of the report to recommend continuation, modification, or discontinuation of programs to better align with workforce needs. (f) The purpose of this Code section is to ensure the effective use of state resources, prepare Georgians for high-demand career pathways, and support the state's economic development by fostering a workforce aligned with employer needs.

34-14-5. (a) The State Workforce Development Board shall develop and approve a report detailing the alignment of policies, programs, and practices of the State Board of Education, the Department of Education, the University System of Georgia, the Technical College System of Georgia, and the Georgia Student Finance Commission that promotes and advances the objectives of serving student needs, avoiding duplication of mission, using state resources efficiently, and expanding opportunities for postsecondary credential attainment. (b) As directed by the Governor, the State Workforce Development Board shall coordinate and collaborate with the Department of Education, the University System of Georgia, and the Technical College System of Georgia to create the report required by this Code section that shall include the following:
(1) A list of the courses articulated from the State Board of Education to the University System of Georgia, the Technical College System of Georgia, and HOPE-eligible private institutions; (2) A list of the courses approved by the Board of Regents of the University System of Georgia and the State Board of the Technical College System of Georgia to be transferrable between institutions of the university system and units of the technical college system; (3) Of the courses listed as provided for in paragraph (2) of this subsection, identification of the university system baccalaureate degree program or programs for which each such course has been approved by the Board of Regents of the University System of Georgia to be a degree prerequisite; (4) Of the courses listed as provided for in paragraph (2) of this subsection, identification of the technical college system degree program or programs for which each such course has been approved by the State Board of the Technical College System of Georgia to be degree prerequisites; (5) A summary of efforts undertaken by the Technical College System of Georgia in collaboration with the University System of Georgia to reduce barriers to degree completion by students who have earned course credits in the University System of Georgia, the Technical College System of Georgia, or both;

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(6) A list of the courses approved by HOPE-eligible private institutions and the State Board of the Technical College System of Georgia to be transferrable between units of the HOPE-eligible private institution and the technical college system; (7) A list of the courses approved by HOPE-eligible private institutions and the Board of Regents of the University System of Georgia to be transferrable between units of the HOPE-eligible private institution and the university system; (8) A summary of efforts undertaken to develop plans and procedures for reverse transfers. As used in this paragraph, the term 'reverse transfer' means the process of transferring the credits a student has earned from a four-year institution to any unit of the Technical College System of Georgia from which a student has transferred so that such credits will be available to such student for purposes of his or her enrollment in or completion of programs offered by the Technical College System of Georgia; (9) A summary of the efforts undertaken on behalf of the Technical College System of Georgia, the University System of Georgia, and the State Board of Education to comply with the requirements of subsection (b) of Code Section 20-4-20; (10) A summary of efforts undertaken to align articulated, transferrable courses and degree completion to the High-demand Career List published by the State Workforce Development Board as provided in Code Section 34-14-3, including the total number of articulation agreements aligned to the state's high-demand list for the State Board of Education, the University System of Georgia, and the Technical College System of Georgia; (11) The number of students enrolled in programs of study provided for in subsection (a) of Code Section 20-2-159.1 receiving articulated credit with the University System of Georgia and the Technical College System of Georgia and which credits those students receive; and (12) Of the articulation agreements listed as provided for in paragraph (1) of this subsection, identification of the number of articulated credits awarded, which institutions awarded which credits, and the local school system or public school represented by the students who earned such credits. (c) The report required by this Code section shall be: (1) Approved by the State Workforce Development Board on or before December 1 of each even-numbered year; (2) Submitted by the State Workforce Development Board to the Governor; the President of the Senate; the Speaker of the House of Representatives; the respective chairs of the House Committee on Education, the Senate Education and Youth Committee, the House Committee on Higher Education, and the Senate Higher Education Committee; and the Office of Planning and Budget; and (3) Published on the public websites of the State Workforce Development Board, the Office of Student Achievement, the Department of Education, the University System of Georgia, the Technical College System of Georgia, and the Georgia Student Finance Commission on or before December 31 of each even-numbered year.

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(d) All relevant state agencies and educational institutions included in this process shall cooperate in collecting and sharing data necessary for the preparation of the report required by this Code section, subject to applicable privacy protections, within a predetermined time frame as set by the State Workforce Development Board."

SECTION 20. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2025.

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EDUCATION NEEDS BASED FINANCIAL AID PROGRAM; REVISE DEFINITION OF ELIGIBLE STUDENT.

No. 118 (House Bill No. 38).

AN ACT

To amend Subpart 2A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the needs based financial aid program, so as to revise the definition of "eligible student"; to extend an automatic repealer; 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. Subpart 2A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the needs based financial aid program, is amended by revising paragraph (1) of Code Section 20-3-360, relating to definitions, as follows:
"(1) 'Eligible student' means a person: (A) Whose family income is considered economically disadvantaged, based on criteria established by the commission, or who has a financial aid gap; (B) Who meets any academic or other standards established by the commission; (C) Who is eligible for a scholarship or grant pursuant to Code Section 20-3-519.1; (D) Who has completed the Free Application for Federal Student Aid (FAFSA); and (E) Who has completed: (i) Seventy percent of the credit requirements toward the credential of his or her program of study, if such program is a four-year program; or (ii) Forty-five percent of the credit requirements toward the credential of his or her program of study, if such program is a two-year program."

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SECTION 2. Said subpart is further amended by revising Code Section 20-3-366, relating to repealer, as follows:
"20-3-366. This subpart shall stand repealed by operation of law on June 30, 2029."

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 May 12, 2025.

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EDUCATION VETERINARY EDUCATION; LIMITS ON STUDENT LOAN FORGIVENESS PROGRAM; PROVIDE.

No. 119 (House Bill No. 172).

AN ACT

To amend Part 6A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to state veterinary education, so as to provide for limits on the student loan forgiveness program; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 6A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to state veterinary education, is amended by revising Code Section 20-3-518.3, relating to purchases of loans made for educational purposes to students who have completed a veterinary medical degree program, as follows:
"20-3-518.3. (a) The board may provide for the purchase of loans made to students or former students who are residents of Georgia for educational purposes who have completed a program of study in the field of doctor of veterinary medicine or its equivalent and are authorized to practice veterinary medicine in this state, with services in the form of the practice of

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veterinary medicine while residing in this state to be rendered as consideration for such loan purchases. (b) Only persons whose veterinary medicine practices in this state include food animal specialties and have been practicing such specialties for ten years or less shall be eligible for loan purchases under this part."

SECTION 2. Said part is further amended by revising subsection (a) of Code Section 20-3-518.4, relating to loan purchases granted to applicants based upon services rendered and limitations, as follows:
"(a)(1) Persons whose applications are approved and enter into a loan purchase agreement with the board, as provided by Code Section 20-3-518.3, shall receive a loan purchase in a total amount to be determined by the board, but not exceeding $90,000.00 per person. The loan purchases shall be paid in such manner as the board shall determine. (2) The loan purchases to be granted to each applicant shall be based upon the condition that the consideration for such loan purchases shall be services to be rendered by the applicant after entering into a loan purchase agreement with the board by practicing his or her profession in a board approved rural county in Georgia with a population of 50,000 or less according to the United States decennial census of 2020 or any future such census. (3) For time served after entering into a loan purchase agreement with the board in practicing his or her profession in such board approved location, the applicant shall receive a loan purchase at a rate equivalent to $30,000.00 per 12 months of service; provided, however, that the total purchase amount shall not exceed the maximum specified in paragraph (1) of this subsection."

SECTION 3. Said part is further amended by revising Code Section 20-3-518.5, relating to contract and cancellation, as follows:
"20-3-518.5. (a) Each applicant before being granted a loan purchase shall enter into a contract with a term of three consecutive years with the board agreeing to the terms and conditions upon which the loan purchase is granted, including such terms and provisions as will carry out the full purpose and intent of this part. It shall not be necessary for a contract enrollee to reapply after entering into a contract; provided, however, that the board may require the contract enrollee to provide an annual certification of continued compliance with this Code section. No person shall be eligible to receive such award more than once during his or her lifetime. The form of such contract shall be prepared and approved by the Attorney General, and each contract shall be signed by the chairperson of the board and by the applicant.

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(b) The board shall have the authority to cancel the loan purchase contract of any applicant at any time for any cause deemed sufficient by the board, provided that such authority shall not be arbitrarily or unreasonably exercised."

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2025.

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EDUCATION GRANTS FOR FOSTER CHILDREN; A GRANT PROGRAM TO PROVIDE GRANTS TO FORMER FOSTER YOUTH WHO MEET ELIGIBILITY REQUIREMENTS, SUBJECT TO SPECIFIC APPROPRIATIONS; ESTABLISH.

No. 120 (Senate Bill No. 85).

AN ACT

To amend Article 12 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education grants for foster children and adopted children, so as to establish a grant program to provide grants to former foster youth who meet eligibility requirements, subject to specific appropriations; to provide for eligibility requirements; to provide for a short title; to provide for definitions; to limit awards to undergraduate level postsecondary education; to provide for the application process for the program; to provide for the Georgia Student Finance Authority to contract with a qualified grant coordinating organization to administer the program, to establish rules and regulations, and to conduct compliance examinations; to allow for eligibility of part-time students; to authorize the department to suspend institutions from the program for failure to refund moneys in certain circumstances; to provide for criminal penalty for persons making false statements or misrepresentations in the application process; to provide for collection and evaluation; to provide for contingent effectiveness; 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 12 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education grants for foster children and adopted children, is amended by

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designating Code Section 20-3-660, relating to tuition waiver program for qualifying foster and adopted individuals, as Part 1 and by adding a new part to read as follows:

"Part 2

20-3-670. This part shall be known and may be cited as the 'Georgia Foster Care Scholarship Act.'

20-3-671. As used in this part, the term:
(1) 'Eligible postsecondary institution' shall have the same meaning as provided in Code Section 20-3-519. (2) 'Eligible student' means an individual who:
(A) Is under the age of 26 years; (B)(i) Is currently enrolled as a full-time or part-time student in an eligible postsecondary institution; or (ii) Is within three years of having received his or her high school diploma or state approved high school equivalency (HSE) diploma and has been accepted for admission to an eligible postsecondary institution; and (C)(i) Is currently in the custody of the Georgia Division of Family and Children Services; (ii) Is currently participating in the Division of Family and Children Services independent living program in accordance with applicable policies and procedures; (iii) Has family currently receiving or during the term of such family's eligibility previously received state funded adoption services as provided for in Code Section 49-5-8; (iv) Was adopted from the permanent legal custody of and placed for adoption by the Division of Family and Children Services following the child's fourteenth birthday, including any such individual who, at the time of application to an eligible postsecondary institution, resides outside of Georgia due to such placement; (v) Is a former foster child who was in the custody of the Division of Family and Children Services for at least six months after reaching the age of 14 years; or (vi) Is an aging foster child as such term is defined in Code Section 48-7-29.24.
(3) 'Georgia Foster Care Scholarship' or 'grant' means the grant provided for in this part. (4) 'Grant coordinating organization' means a nonprofit organization that is a qualified organization as such term is defined in Code Section 48-7-29.24 and has, within the prior calendar year, made qualified expenditures as such term is defined in such Code section for the direct benefit of no fewer than 100 aging foster children as such term is defined in such Code section.

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20-3-672. (a) Subject to appropriations made specifically for the purposes of this part, the Georgia Student Finance Authority shall establish the Georgia Foster Care Scholarship program to provide grants on a per-semester basis to eligible students for undergraduate level postsecondary education at eligible postsecondary institutions. (b) The Georgia Student Finance Authority shall be authorized to provide for eligibility criteria and grant amounts as determined to be the most appropriate for particular eligible postsecondary institutions and its student population in accordance with this part and the rules and regulations of the Georgia Student Finance Authority. The Georgia Student Finance Authority shall also establish criteria necessary for eligible students to continue to receive such grants in accordance with this part. (c) The Georgia Student Finance Authority may contract with a grant coordinating organization authorized to do business in this state to implement and administer the Georgia Foster Care Scholarship program; provided, however, that such contract shall require the grant coordinating organization to ensure that 100 percent of funds appropriated for such program shall be expended on grants to eligible students. (d) The Georgia Student Finance Authority is authorized to define such terms and prescribe such rules, regulations, and procedures as may be reasonable and necessary to carry out the purposes of this part.

20-3-673. (a) Subject to appropriations made specifically for the purposes of this part, to receive a Georgia Foster Care Scholarship, an eligible student shall:
(1) Complete a simplified application process established by the Georgia Student Finance Authority, which shall include completion of the Free Application for Federal Student Aid (FAFSA) to determine the level of need and eligibility for state and federal financial aid programs; (2) Remain in good standing with the eligible postsecondary institution in which he or she is enrolled or to which he or she has been accepted for admission; (3) Maintain satisfactory academic progress in accordance with the standards and practices used for federal Title IV programs by the eligible postsecondary institution at which the student is enrolled; and (4) Comply with the rules, regulations, and procedures prescribed by the Georgia Student Finance Authority in accordance with this part. (b)(1) The total per-semester amount of a Georgia Foster Care Scholarship awarded to each eligible student shall not exceed the costs of the eligible student's tuition, room, board, meal plan, and books associated with his or her matriculation at such student's eligible postsecondary institution less an amount equal to the total of any federal or other state grants, scholarships, or tuition waivers for which he or she is eligible to receive. (2) The total per-year amount of a Georgia Foster Care Scholarship awarded to each eligible student shall not exceed $30,000.00.

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(c) An eligible student may continue to receive a Georgia Foster Care Scholarship until the first of these events:
(1) The student has earned a bachelor's degree; (2) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours; or (3) The student has received the Georgia Foster Care Scholarship for ten years. (d) In the event a student on whose behalf a Georgia Foster Care Scholarship is paid does not enroll as a full-time or part-time student for the academic semester for which the scholarship is paid, the eligible postsecondary institution shall make a refund to the Georgia Student Finance Authority in accordance with the rules and regulations of the Georgia Student Finance Authority.

20-3-674. Each eligible postsecondary institution shall be subject to examination by the Georgia Student Finance Authority for the sole purpose of determining whether such institution has properly certified the cost of attendance, eligibility, and enrollment of students; accurately credited grants paid on behalf of such students; and properly complied with the rules and regulations established pursuant to this part; provided, however, that nothing in this part shall be construed to interfere with the authority of such institution to determine admissibility of students or to control its own curriculum, philosophy, purpose, or administration. In the event it is determined that an eligible postsecondary institution knowingly or through error certified an ineligible student to be eligible for a grant under this part, the amount of the grant paid to such institution pursuant to such certification shall be refunded by such institution to the Georgia Student Finance Authority. The Georgia Student Finance Authority may suspend an eligible postsecondary institution from receiving payments under this part if it fails to refund any moneys as required by this part.

20-3-675. Any person applying for a grant under this part or assisting a person applying for a grant under this part who knowingly makes or furnishes any false statement or misrepresentation for the purpose of enabling an ineligible student to wrongfully obtain a grant under this part shall be guilty of a misdemeanor.

20-3-676. The Georgia Student Finance Authority shall be authorized to monitor, collect, and evaluate enrollment and student record data for the grant program established pursuant to this part. The Office of Planning and Budget, the Department of Education, and eligible postsecondary institutions shall cooperate with and provide data as necessary to the Georgia Student Finance Authority to facilitate the provisions of this Code section."

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SECTION 2. This Act shall become effective only if the Georgia Foster Care Scholarship program provided for in this Act is funded in an appropriations Act making specific reference to such program and shall become effective when funds so appropriated become available for expenditure.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2025.

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COURTS JUVENILE CODE; CERTAIN PROCEDURES TO BE FOLLOWED WHEN THERE IS A DETERMINATION OF SUSPECTED CHILD ABUSE OR NEGLECT; PROVIDE.

No. 121 (Senate Bill No. 259).

AN ACT

To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile Code, so as to provide for certain procedures to be followed when there is a determination of suspected child abuse or neglect; to provide for a physician holding temporary physical custody of a child based on a suspicion of child abuse or neglect to provide certain information to a parent or legal guardian and to the Division of Family and Children Services; to provide for a definition; to provide for a parent or legal guardian to obtain an independent medical evaluation or pediatric specialty consultation; to provide for a court to consider the results of an independent medical evaluation or pediatric specialty consultation; to provide for a short title; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as "Ridge's Law."

SECTION 2. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile Code, is amended in Article 3, relating to dependency proceedings, by revising subsection (b)

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of Code Section 15-11-131, relating to temporary protective custody of child by physician without court order and without parental consent and immunity, as follows:
"(b) A physician holding a child in temporary protective custody shall: (1) Make reasonable and diligent efforts to inform the child's parents, guardian, or legal custodian of the whereabouts of such child and the right to obtain an independent medical evaluation or pediatric specialty consultation as provided for under Code Section 15-11-131.1; (2) As soon as possible, make a report of the suspected abuse or neglect which caused him or her to take temporary custody of the child and inform DFCS of the basis of his or her determinations, including whether a physical examination was conducted and what medical records were reviewed, and that such child has been held in temporary custody; and (3) Not later than 24 hours after such child is held in temporary custody: (A) Contact a juvenile court intake officer, and inform such intake officer that such child is in imminent danger to his or her life or health as a result of suspected abuse or neglect; or (B) Contact a law enforcement officer who shall take such child and promptly bring such child before a juvenile court intake officer."

SECTION 3. Said chapter is further amended in said article by adding a new Code section to read as follows:
"15-11-131.1. (a) As used in this Code section, the term 'pediatric specialty consultation' means a consultation with a physician licensed to practice medicine in this state and board certified in the relevant pediatric field or specialty, including radiology, genetics, orthopedics, endocrinology, neurosurgery, child abuse pediatrics, gastroenterology, surgery, or forensic pathology, and to diagnose and treat certain health conditions, including rickets, Ehlers-Danlos syndrome, osteogenesis imperfecta, vitamin D deficiency, or other medical conditions related to the differential diagnosis of child abuse or neglect. (b) Any parent or legal guardian of a child who is taken into temporary protective custody pursuant to Code Section 15-11-131 shall have the right to obtain an independent medical evaluation or pediatric specialty consultation of such child at his or her own expense unless prohibited by court order. Physicians and medical professionals, law enforcement officers, and DFCS shall cooperate as may reasonably be necessary to facilitate an independent medical evaluation or pediatric specialty consultation for such child. (c) At any hearing concerning a child before the court in a dependency proceeding pursuant to this article, the court shall consider the results from an independent medical evaluation or pediatric specialty consultation of such child.

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(d) No adjudication hearing scheduled in accordance with Part 8 of this article shall be continued solely because the results from an independent medical evaluation or pediatric specialty consultation of the child before the court are unavailable."

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to any legal action filed on or after such effective date.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2025.

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HEALTH "HOPE FOR GEORGIA PATIENTS ACT"; ENACT.

No. 122 (Senate Bill No. 72).

AN ACT

To amend Chapter 52 of Title 31 of the Official Code of Georgia Annotated, relating to terminally ill patient's right to try investigational drugs, biological products, and devices, so as to expand access to individualized investigational treatments to patients who have severely debilitating or life-threatening illnesses; to provide for definitions; to provide for eligibility criteria; to provide for written informed consent; to allow certain manufacturers or eligible facilities to make available individualized investigational treatments; to provide that coverage is not mandatory; to prohibit the sanctions against a physician's license; to provide exemption to liability for certain charges; to provide for statutory construction; to provide for related matters; to provide for a short title; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Hope for Georgia Patients Act."

SECTION 2. Chapter 52 of Title 31 of the Official Code of Georgia Annotated, relating to terminally ill patient's right to try investigational drugs, biological products, and devices, is amended by

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designating Code Sections 31-52-1 through 31-52-10, the "Georgia Right to Try Act," as Article 1.

SECTION 3. Said chapter is further amended by replacing "chapter" with "article" wherever the former appears in:
(1) Code Section 31-52-1, relating to short title; (2) Code Section 31-52-4, relating to eligibility criteria; (3) Code Section 31-52-6, relating to manufacturers permitted to make investigational drugs, biological products, or devices available; (4) Code Section 31-52-7, relating to coverage under health benefit plan permitted but not required; (5) Code Section 31-52-8, relating to physician immunity from sanction for recommending, prescribing, or treating with investigational drugs, biological products, or devices; and (6) Code Section 31-52-10, relating to statutory construction.

SECTION 4. Said chapter is further amended by revising Code Section 31-52-3, relating to definitions, as follows:
"31-52-3. As used in this article, the term:
(1) 'Eligible patient' means a person who meets the requirements of Code Section 31-52-4. (2) 'Investigational drug, biological product, or device' means a drug, biological product, or device which has successfully completed Phase I of a federal Food and Drug Administration approved clinical trial but has not yet been approved for general use by the federal Food and Drug Administration and currently remains under investigation in a federal Food and Drug Administration approved clinical trial. (3) 'Physician' means a person licensed to practice medicine pursuant to Article 2 of Chapter 34 of Title 43. (4) 'Terminal illness' means a disease that, without life-sustaining procedures, will result in death in the near future and is not considered by a treating physician to be reversible even with administration of current federal Food and Drug Administration approved and available treatments. (5) 'Written informed consent' means a written document that:
(A) Is signed by the patient; parent, if the patient is a minor; legal guardian; or healthcare agent designated by the patient in an advance directive for healthcare executed pursuant to Chapter 32 of this title; (B) Is attested to by the patient's physician and a witness; and (C) Meets the requirements of Code Section 31-52-5."

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SECTION 5. Said chapter is further amended by adding a new article to read as follows:

"ARTICLE 2

31-52-20. As used in this article, the term:
(1) 'Eligible facility' means an institution that is currently operating under the Federalwide Assurance for the Protection of Human Subjects under 42 U.S.C. Section 289(a) and 45 C.F.R. Part 46 and is subject to federal laws, regulations, policies, and guidelines, including renewals and updates. (2) 'Eligible patient' means a person who meets the requirements of Code Section 31-52-21. (3) 'Individualized investigational treatment' means a drug, biological product, or device that is unique to and produced exclusively for an individual patient based on his or her own genetic profile. Such term includes, but is not limited to, individualized gene therapy, individualized investigational antisense oligonucleotides, and individualized neoantigen vaccines or individualized neoantigen therapy. Such term includes any drug, biological product, or device derived from human perinatal tissues, cells, and secreted factors, provided that such substances are not obtained from an abortion. Such term does not include any drug, biological product, or device derived from human primary or secondary embryonic stem cells or cell lines. (4) 'Life-threatening illness' means a disease or condition where the likelihood of death is high unless the course of the disease is interrupted or a disease or condition with a potentially fatal outcome, where the end point of clinical trial analysis is survival. Such term shall not include the natural process of aging. (5) 'Manufacturer' means a person or entity engaged in the manufacturing of individualized investigational treatments in an eligible facility. (6) 'Physician' means a person licensed to practice medicine pursuant to Article 2 of Chapter 34 of Title 43. (7) 'Severely debilitating illness' means a disease or condition that causes major irreversible morbidity. (8) 'Written informed consent' means a written document that:
(A) Is signed by the patient; parent, if the patient is a minor; legal guardian; or healthcare agent designated by the patient in an advance directive for healthcare executed pursuant to Chapter 32 of this title; (B) Is attested to by the patient's physician and a witness; and (C) Meets the requirements of Code Section 31-52-22.

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31-52-21. In order for a person to be considered an eligible patient to access an individualized investigational treatment pursuant to this article, a physician must document in writing that the person:
(1) Has a life-threatening or severely debilitating illness; (2) Has, in consultation with the physician, considered all other treatment options currently approved by the United States Food and Drug Administration; (3) Has been given a recommendation by the physician for an individualized investigational treatment based on an analysis of such patient's genomic sequence, human chromosomes, deoxyribonucleic acid, ribonucleic acid, genes, gene products such as enzymes and other types of proteins, or metabolites; and (4) Has given written informed consent for the use of the individualized investigational treatment.

31-52-22. Written informed consent shall, at a minimum, include the following:
(1) A description of the currently approved products and treatments for the life-threatening or severely debilitating illness from which the patient suffers; (2) An attestation that the patient concurs with his or her physician in believing that all currently approved and conventionally recognized treatments are unlikely to prolong the patient's life, and the known risks of the individualized investigational treatment are not greater than the probable outcome of the patient's illness; (3) Clear identification of the specific proposed individualized investigational treatment that the patient is seeking to use; (4) A description of the potential best and worst outcomes of using the individualized investigational treatment and a realistic description of the most likely outcome. The description shall include the possibility that new, unanticipated, different, or worse symptoms might result and that death could be hastened by the proposed treatment. The description shall be based on the physician's knowledge of the proposed treatment in conjunction with an awareness of the patient's condition; (5) A statement that the patient understands that his or her health benefit plan or third-party administrator is not obligated to pay for the individualized investigational treatment, or any care or treatment consequent to the use of such treatment, unless such health benefit plan or third-party administrator is specifically required to do so by law or contract; (6) A statement that the patient understands that his or her eligibility for hospice care may be withdrawn if he or she begins treatment with the individualized investigational treatment but that such hospice care may be reinstated if such treatment ends and he or she meets hospice eligibility requirements; and (7) A statement that the patient understands that he or she is liable for all expenses consequent to the use of the individualized investigational treatment and that such

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liability extends to the patient's estate, unless a contract between the patient and the manufacturer of the individualized investigational treatment states otherwise, except as provided for in Code Section 31-52-27.

31-52-23. (a) A manufacturer or an eligible entity may make available an individualized investigational treatment to an eligible patient, and an eligible patient may request such treatment from such manufacturer or facility pursuant to this article; provided, however, that nothing in this article shall be construed to require that such manufacturer or facility make available such treatment to such patient. (b) A manufacturer or an eligible facility may provide an individualized investigational treatment to an eligible patient:
(1) Without receiving compensation; or (2) With the requirement that the eligible patient pays the costs of or the costs associated with the manufacture of the individualized investigational treatment.

31-52-24. (a) A health benefit plan or governmental agency may provide coverage for the cost of any individualized investigational treatment pursuant to this article; provided, however, that nothing in this article shall be construed to require a health benefit plan or governmental agency to provide coverage for the cost of any individualized investigational treatment or related cost of services associated with the use, care, or treatment of an eligible patient associated with such individualized investigational treatment pursuant to this article. (b) A hospital or other healthcare facility is not required to provide new or additional services associated with any individualized investigational treatment unless approved by such hospital or facility.

31-52-25. (a) The Georgia Composite Medical Board shall not revoke, suspend, sanction, fail to renew, or take any other action against a physician's license solely based on such physician's recommendation, prescription, or treatment of an eligible patient with an individualized investigational treatment pursuant to this article. (b) The Department of Community Health shall not take action against a healthcare provider's Medicare certification based solely on such provider's recommendation that an eligible patient have access to an individualized investigational treatment.

31-52-26. No official, employee, or agent of the state shall block or attempt to block an eligible patient's access to an individualized investigational treatment. Counseling, advice, or a recommendation for treatment consistent with medical standards of care shall not be construed as a violation of this Code section.

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31-52-27. (a) This article shall not be construed to create a private cause of action against a manufacturer, eligible facility, or any other person or entity involved in the care of an eligible patient using any individualized investigational treatment for any harm done to such patient resulting from the individualized investigational treatment if such manufacturer, facility, person, or entity complied in good faith with the terms of this article and exercised reasonable care. (b) This article shall not be construed to create a private cause of action against a physician who refuses to recommend an individualized investigational treatment for any otherwise eligible patient. (c) Any person or entity involved in the care of an eligible patient using an individualized investigational treatment shall not be liable for injury or death to such patient as a result of such treatment under Code Section 51-1-27 or Chapter 4 of Title 51, unless it is shown that the person or entity failed to obtain written informed consent in compliance with Code Section 31-52-22. (d) This article shall not be construed to affect any required healthcare coverage under Title 33 for patients in clinical trials. (e) If an eligible patient's death is proximately caused by an individualized investigational treatment, such patient's estate, heirs, or devisees are not liable for any debt remaining after payment by insurance for charges directly incurred for such treatment; provided, however, that this subsection does not provide an exemption to liability for charges for nonexperimental treatments provided to the patient, including nonexperimental treatments rendered to the patient due to complications or consequences of the individualized investigational treatment."

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2025.

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CRIMES AND OFFENSES "FENTANYL ERADICATION AND REMOVAL ACT"; ENACT.

No. 123 (Senate Bill No. 79).

AN ACT

To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to revise threshold amounts of fentanyl and related substances necessary to

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constitute the offenses of possessing, selling, distributing, and manufacturing of such substances; to provide for increased penalties for such offenses; to revise threshold amounts of fentanyl and related substances necessary to constitute the offense of trafficking in fentanyl; to provide for increased penalties for such offense; to revise mandatory minimum departure provisions for defendants convicted of trafficking of substances in violation of Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine and penalties; to amend various titles of the Official Code of Georgia Annotated, so as to provide for conforming changes; to provide for an effective date; to provide for applicability; to provide for related matters; to provide for a short title; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

This Act shall be known and may be cited as the "Fentanyl Eradication and Removal Act."

SECTION 1-2. Said title is further amended in Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine and penalties, by revising subsections (b), (g), and (i) and by adding a new subsection to read as follows:
"(b) Except as authorized by this article, any person who sells, manufactures, delivers, brings into this state, or has possession of four grams or more of any morphine, opium, or substance identified in subparagraph (RR) or (SS) of paragraph (1) or paragraph (14) or (15) of Code Section 16-13-25, or subparagraph (A), (C.5), (U.1), (V), or (V.2) of paragraph (2) of Code Section 16-13-26 or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Schedules I and II, or four grams or more of any mixture containing any such substance in violation of this article commits the felony offense of trafficking in illegal drugs and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of such substances involved is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00; (2) If the quantity of such substances involved is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00; and (3) If the quantity of such substances involved is 28 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00. (b.1) Except as authorized by this article, any person who sells, manufactures, delivers, brings into this state, or has possession of fentanyl as identified in subparagraph (F) of

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paragraph (2) of Code Section 16-13-26, the fentanyl analog structural class as identified in paragraph (13) of Code Section 16-13-25, or any mixture containing any such substance in violation of this article commits the felony offense of trafficking in fentanyl and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of such substances involved is four grams or more, but less than eight grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $75,000.00; (2) If the quantity of such substances involved is eight grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $150,000.00; (3) If the quantity of such substances involved is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $250,000.00; and (4) If the quantity of such substances involved is 28 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 35 years and shall pay a fine of $750,000.00." "(g)(1) The district attorney may move the sentencing court to impose a reduced or suspended sentence upon any person who is convicted of a violation of this Code section who provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or principals. Upon good cause shown, the motion may be filed and heard in camera. Upon hearing such motion, the sentencing court may impose a reduced or suspended sentence if such court finds that the defendant has rendered such substantial assistance.
(2)(A) The sentencing court may, in its discretion, depart from the mandatory minimum sentence specified for a person who is convicted of a violation of this Code section as set forth in subparagraph (B) of this paragraph if such court concludes that:
(i) The defendant was not a leader of the criminal conduct; (ii) The defendant did not possess or use a firearm, dangerous weapon, or hazardous object during the crime; (iii) The criminal conduct did not result in a death or serious bodily injury to a person other than to a person who is a party to the crime; (iv) The defendant has no prior felony conviction; and (v) The interests of justice will not be served by the imposition of the prescribed mandatory minimum sentence. (B) The sentencing departure ranges pursuant to subparagraph (A) of this paragraph shall be as follows: (i) Any person convicted of violating subparagraph (a)(1)(A), paragraph (2) of subsection (a) relating to the quantity of drugs specified in subparagraph (a)(1)(A) of this Code section, or paragraph (1) of subsection (e) or (f) of this Code section, imprisonment for not less than five nor more than ten years and a fine of not less than $100,000.00 nor more than $200,000.00;

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(ii) Any person convicted of violating subparagraph (a)(1)(B), paragraph (2) of subsection (a) relating to the quantity of drugs specified in subparagraph (a)(1)(B) of this Code section, or paragraph (2) of subsection (e) or (f) of this Code section, imprisonment for not less than seven years and six months nor more than 15 years and a fine of not less than $150,000.00 nor more than $300,000.00; (iii) Any person convicted of violating subparagraph (a)(1)(C), paragraph (2) of subsection (a) relating to the quantity of drugs specified in subparagraph (a)(1)(C) of this Code section, or paragraph (3) of subsection (e) or (f) of this Code section, imprisonment for not less than 12 years and six months nor more than 25 years and a fine of not less than $500,000.00 nor more than $1 million; (iv) Any person convicted of violating paragraph (1) of subsection (b) or (d) of this Code section, imprisonment for not less than two years and six months nor more than five years and a fine of not less than $25,000.00 nor more than $50,000.00; (v) Any person convicted of violating paragraph (2) of subsection (b) of this Code section, imprisonment for not less than five years nor more than ten years and a fine of not less than $50,000.00 nor more than $100,000.00; (vi) Any person convicted of violating paragraph (3) of subsection (b) of this Code section, imprisonment for not less than 12 years and six months nor more than 25 years and a fine of not less than $250,000.00 nor more than $500,000.00; (vii) Any person convicted of violating paragraph (1) of subsection (b.1) of this Code section, imprisonment for not less than two years and six months nor more than five years and a fine of not less than $12,500.00 nor more than $25,000.00; (viii) Any person convicted of violating paragraph (2) of subsection (b.1) of this Code section, imprisonment for not less than five years nor more than ten years and a fine of not less than $25,000.00 nor more than $50,000.00; (ix) Any person convicted of violating paragraph (3) of subsection (b.1) of this Code section, imprisonment for not less than ten years nor more than 20 years and a fine of not less than $50,000.00 nor more than $100,000.00; (x) Any person convicted of violating paragraph (4) of subsection (b.1) of this Code section, imprisonment for not less than 15 years nor more than 30 years and a fine of not less than $250,000.00 nor more than $500,000.00; (xi) Any person convicted of violating paragraph (1) of subsection (c) of this Code section, imprisonment for not less than two years and six months nor more than five years and a fine of not less than $50,000.00 nor more than $100,000.00; (xii) Any person convicted of violating paragraph (2) of subsection (c) of this Code section, imprisonment for not less than three years and six months nor more than seven years and a fine of not less than $125,000.00 nor more than $250,000.00; (xiii) Any person convicted of violating paragraph (3) of subsection (c) of this Code section, imprisonment for not less than seven years and six months nor more than 15 years and a fine of not less than $500,000.00 nor more than $1 million; and

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(xiv) Any person convicted of violating paragraph (2) of subsection (d) of this Code section, imprisonment for not less than seven years and six months nor more than 15 years and a fine of not less than $125,000.00 nor more than $250,000.00. (C) If the sentencing court departs from the mandatory minimum sentence pursuant to this paragraph, such court shall specify on the record the circumstances for such departure and the interests served by such departure. Any such order shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. (D) As used in this paragraph, the term: (i) 'Dangerous weapon' shall have the same meaning as set forth in Code Section 16-11-121. (ii) 'Firearm' shall have the same meaning as set forth in Code Section 16-11-131. (iii) 'Hazardous object' shall have the same meaning as set forth in Code Section 20-2-751. (iv) 'Leader' means a person who planned and organized others and acted as a guiding force in order to achieve a common goal. (3) The sentencing court may, in its discretion, depart from the mandatory minimum sentence specified in this Code section for a person who is convicted of a violation of this Code section when the prosecuting attorney and the defendant have agreed to a sentence that is below such mandatory minimum." "(i) Except as provided in subsection (g) of this Code section and notwithstanding the provisions of Code Section 16-13-2 to the contrary, with respect to any person who is found to have violated this Code section, no portion of the mandatory minimum sentence shall be suspended, stayed, probated, deferred, or otherwise withheld by the sentencing court. Any sentence imposed pursuant to subsection (g) of this Code section shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court or any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles; provided, however, that during the final year of incarceration, a defendant so sentenced shall be eligible to be considered for participation in a Department of Corrections administered transitional center or work release program."

PART II SECTION 2-1.

Code Section 4-8-27 of the Official Code of Georgia Annotated, relating to certificates of registration for dog ownership, requirements for issuance of certificate, individuals excluded from receiving registration, limitation of ownership, and annual renewal, is amended by revising paragraph (3) of subsection (f) as follows:
"(3) A felony involving trafficking of substances in violation of Code Sections 16-13-31 and 16-13-31.1."

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SECTION 2-2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 16-11-106, relating to possession of firearm or knife during commission of or attempt to commit certain crimes, by revising paragraph (5) of subsection (b) as follows:
"(5) Any crime involving the trafficking of substances in violation of Code Section 16-13-31,"

SECTION 2-3. Said title is further amended in Code Section 16-11-133, relating to minimum periods of confinement for persons convicted who have prior convictions, by revising paragraph (5) of subsection (b) as follows:
"(5) Any crime involving the trafficking of substances in violation of Code Section 16-13-31,"

SECTION 2-4. Said title is further amended in Code Section 16-11-160, relating to use of machine guns, sawed-off rifles, sawed-off shotguns, or firearms with silencers during commission of certain offenses and enhanced criminal penalties, by revising division (a)(2)(B)(iii) as follows:
"(iii) Trafficking of substances in violation of Code Section 16-13-31."

SECTION 2-5. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Code Section 17-6-1, relating to when offenses bailable, procedure, schedule of bails, and appeal bonds, by revising subsection (g) as follows:
"(g) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, home invasion in any degree, aggravated child molestation, child molestation, kidnapping, trafficking of substances in violation of Code Section 16-13-31, aggravated stalking, or aircraft hijacking and who has been sentenced to serve a period of incarceration of five years or more. The granting of an appeal bond to a person who has been convicted of any other felony offense or of any misdemeanor offense involving an act of family violence as defined in Code Section 19-13-1, or of any offense delineated as a high and aggravated misdemeanor or of any offense set forth in Code Section 40-6-391, shall be in the discretion of the convicting court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition for review or petition or application for writ of certiorari unless the court in which the petition for review or petition or application is filed so specifies."

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SECTION 2-6. Said title is further amended in Code Section 17-6-12, relating to unsecured judicial release, requirement, effect of failure of person charged to appear for trial, and consideration of criminal record, by revising subparagraph (a)(1)(U) as follows:
"(U) Trafficking of substances in violation of Code Section 16-13-31;"

SECTION 2-7. Said title is further amended in Code Section 17-10-9.1, relating to voluntary surrender to county jail or correctional institution and release of defendant, by revising paragraph (9) of subsection (a) as follows:
"(9) Trafficking of substances in violation of Code Section 16-13-31;"

SECTION 2-8. Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, is amended in Code Section 42-9-42, relating to procedure for granting relief from sentence, conditions and prerequisites, public access to information, and violation of parole, by revising division (b)(1)(B)(xxix) as follows:
"(xxix) Trafficking of substances in violation of Code Section 16-13-31;"

SECTION 2-9. Said article is further amended in Code Section 42-9-45, relating to general rule-making power, by revising subsection (f) as follows:
"(f) Except to correct a patent miscarriage of justice and not otherwise, no inmate serving a sentence imposed for any of the crimes listed in this subsection shall be granted release on parole until and unless said inmate has served on good behavior seven years of imprisonment or one-third of the prison term imposed by the sentencing court for the violent crime, whichsoever first occurs. No inmate serving a sentence for any crime listed in this subsection shall be released on parole for the purpose of regulating jail or prison populations. This subsection shall govern parole actions in sentences imposed for any of the following crimes: voluntary manslaughter, statutory rape, incest, cruelty to children, arson in the first degree, homicide by vehicle while under the influence of alcohol or as a habitual traffic violator, aggravated battery, aggravated assault, trafficking of substances in violation of Code Section 16-13-31 or 16-13-31.1, and violations of Chapter 14 of Title 16, the 'Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act.'"

SECTION 2-10. Said article is further amended in 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, by revising paragraph (2) of subsection (a) as follows:

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"(2) 'Dangerous offender' means a state prison inmate who is imprisoned for conviction of any one or more of the following crimes as defined by Title 16, the 'Criminal Code of Georgia': murder, voluntary manslaughter, kidnapping, armed robbery, rape, aircraft hijacking, aggravated sodomy, aggravated battery, aggravated assault, incest, child molestation, child abuse, enticing a child for indecent purposes, or any felony violation of trafficking of substances in violation of Code Section 16-13-31. Such term shall also include an inmate who is incarcerated for a second or subsequent time for the commission of a crime for which the inmate could have been sentenced to life imprisonment."

SECTION 2-11. Code Section 45-12-37 of the Official Code of Georgia Annotated, relating to reward for information leading to arrest and conviction of person selling dangerous or narcotic drugs generally and rewards by counties and municipalities, is amended by revising subsection (b) as follows:
"(b) Any person, other than a law enforcement officer, who furnishes information leading to the arrest and conviction of a person who is charged with selling dangerous drugs in violation of Code Section 16-13-72 may receive a reward of up to $500.00. Any person, other than a law enforcement officer, who furnishes information leading to the arrest and conviction of a person who is charged with selling a controlled substance in violation of Code Section 16-13-30 or trafficking of substances in violation of Code Section 16-13-31, may receive a reward of $1,000.00."

PART III SECTION 3-1.

This Act shall become effective on July 1, 2025, and shall apply to all offenses committed on or after such date.

SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2025.

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REVENUE AND TAXATION INCOME TAX CREDIT; FILM, GAMING, OR DIGITAL PRODUCTION; REVISE A DEFINITION.

No. 124 (House Bill No. 475).

AN ACT

To amend Code Section 48-7-40.26 of the Official Code of Georgia Annotated, relating to income tax credits for film, gaming, video, or digital production, so as to revise a definition; to revise rules and regulations; to authorize certain fees; to require companies to pay court costs if the denial of certification is upheld by a court on appeal; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-7-40.26 of the Official Code of Georgia Annotated, relating to income tax credits for film, gaming, video, or digital production, is amended by revising paragraph (11) of subsection (b) as follows:
"(11) 'Qualified production activities' means the production of new film, video, or digital projects produced in this state and approved by the Department of Economic Development as state certified productions, including only the following: feature films, series, pilots, movies for television, commercial advertisements, music videos, interactive entertainment, or prereleased interactive games. Such activities shall include projects recorded in this state, in whole or in part, in either short or long form, animation and music, fixed on a delivery system which includes without limitation film, videotape, computer disc, and any element of the digital domain, from which the program is viewed or reproduced, and which is intended for multimarket commercial distribution via theaters, video on demand, direct to DVD, digital platforms designed for the distribution of interactive games, licensing for exhibition by individual television stations, groups of stations, networks, paid subscription based platforms, free advertiser supported streaming television (FAST) channels, cable television stations, or public broadcasting stations. Such term shall not include the coverage of news or athletic events, local interest programming, instructional videos, corporate videos, any project that is not intended for multimarket commercial distribution, user-generated content distributed exclusively via social media platforms, or any project not shot, recorded, or originally created in Georgia."

SECTION 2. Said Code section is further amended by revising subsection (i) as follows:

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"(i)(1) The Department of Economic Development shall determine through the promulgation of rules and regulations what projects qualify for the tax credits authorized under this Code section. Such rules and regulations shall include, but not be limited to, certification application deadlines, qualified project content types and distribution methods, certification application process and required supporting documentation, and certification application fees. Certification shall be submitted to the state revenue commissioner. (2) The Department of Economic Development may charge reasonable fees associated with the certification process established pursuant to this subsection and such fees shall be remitted to the state general fund. (3) If the Department of Economic Development prevails in the litigation of an appeal on the denial of certification, the plaintiff production company shall pay all court costs associated with such litigation."

SECTION 3. This Act shall become effective on January 1, 2026, and shall be applicable to taxable years beginning on or after such date.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2025.

__________

COMMERCE AND TRADE SELF-SERVICE STORAGE FACILITIES; REVISE ADVERTISEMENT REQUIREMENTS BEFORE AN OWNER CAN ENFORCE AN OWNER'S LIEN.

No. 125 (House Bill No. 131).

AN ACT

To amend Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to self-service storage facilities, so as to revise the advertisement requirements before an owner of a self-service storage facility can enforce an owner's lien; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to self-service storage facilities, is amended by revising subsection (a) of Code Section 10-4-213, relating to enforcement of lien without judicial intervention and execution of rental agreement, as follows:
"(a) Provided that it complies with the requirements of this Code section, an owner may enforce the lien without judicial intervention. The owner shall obtain from the occupant a written rental agreement which includes the following language:
'This agreement, made and entered into this ______ day of ______________, ____, by and between ____________, hereinafter called Owner, and _______________, hereinafter called Occupant, whose last known address is _________________. For the consideration hereinafter stated, Owner agrees to let Occupant use and occupy a space in the self-service storage facility, known as ____________________, situated in the City of __________, County of ________, State of Georgia, and more particularly described as follows: Building #______, Space #_____, Size ________. Said space is to be occupied and used for the purposes specified herein and subject to the conditions set forth for a period of _______, beginning on the ______ day of ______________, ____, and continuing month to month until terminated. "Space," as used in this agreement, will be that part of the self-service storage facility as described above. Occupant agrees to pay Owner, as payment for the use of the space and improvements thereon, the monthly sum of $________. Monthly installments are payable in advance on or before the first of each month, in the amount of $________, and a like amount for each month thereafter, until the termination of this agreement. If any monthly installment is not paid by the seventh calendar day of the month due, or if any check given in payment is dishonored by the financial institution on which it is drawn, Occupant shall be deemed to be in default. Occupant further agrees to pay the sum of one month's fees, which shall be used as a clean-up and maintenance fund, and is to be used, if required, for the repair of any damage done to the space and to clean up the space at the termination of the agreement. In the event that the space is left in a good state of repair, and in a broom-swept condition, then this amount shall be refunded to Occupant. However, it is agreed to between the parties that Owner may set off any claims it may have against Occupant from this fund. The space named herein is to be used by Occupant solely for the purpose of storing any personal property belonging to Occupant. Occupant agrees not to store any explosives or any highly inflammable goods or any other goods in the space which would cause danger to the space. Occupant agrees that the property will not be used for any unlawful purposes and Occupant agrees not to commit waste, nor alter, nor affix signs on the space, and to keep the space in good condition during the term of this agreement.
OWNER HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE FOR RENT, FEES FOR THE LATE PAYMENT OF

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RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY, AND FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THIS AGREEMENT. PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS THIRTY-DAY PERIOD AFTER DEFAULT. IN ADDITION, UPON OCCUPANT'S DEFAULT, OWNER MAY WITHOUT NOTICE DENY OCCUPANT ACCESS TO THE PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE UNTIL SUCH TIME AS PAYMENT IS RECEIVED. IF ANY MONTHLY INSTALLMENT IS NOT MADE BY THE SEVENTH CALENDAR DAY OF THE MONTH DUE, OR IF ANY CHECK GIVEN IN PAYMENT IS DISHONORED BY THE FINANCIAL INSTITUTION ON WHICH IT IS DRAWN, OCCUPANT IS IN DEFAULT FROM DATE PAYMENT WAS DUE. I hereby agree that all notices other than bills and invoices shall be given by hand delivery, verified mail, or email at the following addresses: ___________________________________________________________ (hand delivery) ____________________________________________________________ (verified mail) ___________________________________________________________ (email). and I further understand that I may designate to Owner an agent to receive such notice by providing: ___________________________________________________________ (hand delivery) ____________________________________________________________ (verified mail) ___________________________________________________________ (email). For purposes of Owner's lien:"personal property" means movable property, not affixed to land, and includes, but is not limited to, goods, wares, merchandise, motor vehicles, trailers, watercraft, household items, and furnishings;"last known address" means the street address or post office box address provided by Occupant in the latest rental agreement or the address provided by Occupant in a subsequent written notice of a change of address by hand delivery, verified mail, or email. Owner's lien is superior to any other lien or security interest, except those which are evidenced by a certificate of title or perfected and recorded prior to the date of this rental agreement in Georgia, in the name of Occupant, either in the county of Occupant's last known address or in the county where the self-service storage facility is located, except any tax lien as provided by law and except those liens or security interests of whom Owner has knowledge through Occupant's disclosure in this rental agreement or through other written notice. Occupant attests that the personal property in Occupant's space(s) is free and clear of all liens and secured interests except for ____________. Owner's lien attaches as of the date the personal property is brought to the self-service storage facility.

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Except as otherwise specifically provided in this rental agreement, the exclusive care, custody, and control of any and all personal property stored in the leased space shall remain vested in Occupant. Owner does not become a bailee of Occupant's personal property by the enforcement of Owner's lien. If Occupant has been in default continuously for thirty (30) days, Owner may enforce its lien, provided Owner shall comply with the following procedure:
Occupant shall be notified of Owner's intent to enforce Owner's lien by written notice delivered in person, by verified mail, or by email. Owner also shall notify other parties with superior liens or security interests as defined in this rental agreement. A notice given pursuant to this rental agreement shall be presumed sent when it is deposited with the United States Postal Service or the statutory overnight delivery service properly addressed with postage or delivery fees prepaid or sent by email. If Owner sends notice of a pending sale of property to Occupant's last known email address and does not receive a nonautomated response or a receipt of delivery to the email address, Owner shall send notice of the sale to Occupant by verified mail to Occupant's last known address or to the last known address of the designated agent of the Occupant before proceeding with the sale. Owner's notice to Occupant shall include an itemized statement of Owner's claim showing the sum due at the time of the notice and the date when the sum became due. Owner's notice shall notify Occupant of denial of access to the personal property and provide the name, street address, email address, and telephone number of Owner or its designated agent, whom Occupant may contact to respond to this notice. Owner's notice shall demand payment within a specified time, not less than fourteen (14) days after delivery of the notice. It shall state that, unless the claim is paid, within the time stated in the notice, the personal property will be advertised for public sale to the highest bidder, and will be sold at a public sale to the highest bidder, at a specified time and place. After the expiration of the time given in Owner's notice, Owner shall publish an advertisement of the public sale to the highest bidder, once in the legal organ for the county where the self-service storage facility is located; provided, however, that the advertisement of the sale may be done in any other commercially reasonable manner when the property being sold is anything other than a motor vehicle, motorcycle, trailer, any watercraft, or any recreational vehicle. The advertisement and sale shall be deemed commercially reasonable if at least three (3) independent bidders attend the sale at the time and place advertised. "Independent bidder" means a bidder who is not related to and who has no controlling interest in, or common pecuniary interest with, Owner or any other bidder. The advertisement shall include: a brief and general description of the personal property, reasonably adequate to permit its identification; the address of the self-service storage facility, and the number, if any, of the space where the personal property is located, and the name of Occupant; and the time, place, and manner of the public sale. The public sale to the highest bidder shall take place not sooner than

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fifteen (15) days after publication. Regardless of whether a sale involves the property of more than one Occupant, a single advertisement may be used to advertise the disposal of property at the sale. A public sale includes offering the property on a publicly accessible website that regularly conducts online auctions of personal property. Such sale shall be considered incidental to the self-storage business and no license shall be required. If no one purchases the property at the public sale and if Owner has complied with the foregoing procedures, Owner may otherwise dispose of the property and shall notify Occupant of the action taken. Any sale or disposition of the personal property shall be held at the self-service storage facility or at the nearest suitable place to where the personal property is held or stored. Before any sale or other disposition of personal property pursuant to this agreement, Occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred and thereby redeem the personal property and thereafter Owner shall have no liability to any person with respect to such personal property. A Purchaser in good faith of the personal property sold to satisfy Owner's lien takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by Owner with the requirements of this agreement. In the event of a sale, Owner may satisfy his or her lien from the proceeds of the sale. Owner shall hold the balance of the proceeds, if any, for Occupant or any notified secured interest holder. If not claimed within two years of the date of sale, the balance of the proceeds shall be disposed of in accordance with Article 5 of Chapter 12 of Title 44, the "Disposition of Unclaimed Property Act." In no event shall Owner's liability exceed the proceeds of the sale. If the rental agreement contains a limit on the value of property stored in Occupant's storage space, the limit shall be deemed to be the maximum value of the property stored in that space. If the property upon which the lien is claimed is a motor vehicle, trailer, or watercraft and rent and other charges related to the property remain unpaid or unsatisfied for 60 days following the maturity of the obligation to pay rent, Owner may have the property towed in lieu of foreclosing on the lien. If a motor vehicle, trailer, or watercraft is towed as authorized in this section, Owner shall not be liable for the motor vehicle, trailer, or watercraft or any damages to the motor vehicle, trailer, or watercraft once the tower takes possession of the property.'"

SECTION 2. The Act shall become effective on July 1, 2025, and shall apply to any actions for lien enforcement without judicial intervention initiated on or after such date.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2025.

__________

FOOD, DRUGS, AND COSMETICS DRUG ANALYSIS EQUIPMENT; PACKAGING; ADULTERATION; DRUG RELATED OBJECTS.

No. 126 (Senate Bill No. 6).

AN ACT

To amend Code Section 26-3-22 of the Official Code of Georgia Annotated, relating to other laws unaffected by the "Georgia Drug and Cosmetic Act," so as to authorize the use of drug analysis equipment and controlled substance packaging to determine whether a controlled substance has been adulterated; 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 26-3-22 of the Official Code of Georgia Annotated, relating to other laws unaffected by the "Georgia Drug and Cosmetic Act," is amended by revising subsection (a) as follows:
"(a) This chapter shall be cumulative and supplemental to any and all existing laws relating to the subject matter of drugs. Specifically, nothing contained in this chapter shall be so construed as to relieve any person, firm, or corporation from complying with any requirements as prescribed by Chapter 4 of this title, Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act,' Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' or Title 21 C.F.R. 210, the federal 'current good manufacturing practices in manufacturing, processing, packing, or holding of drugs: general'; provided, however, that drug analysis equipment used to determine whether a controlled substance or its packaging has been adulterated shall not be considered a drug related object as defined by Article 2 of Chapter 13 of Title 16."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2025.

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EDUCATION "COMBATING THREATS FROM FOREIGN COUNTRIES OF CONCERN ACT OF 2025 - HIGHER EDUCATION"; ENACT.

No. 127 (House Bill No. 150).

AN ACT

To amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, so as to require semiannual reports regarding certain funding received from foreign countries, entities, or individuals of concern; to provide for definitions; to provide for related matters; to provide for a short title; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Combating Threats from Foreign Countries of Concern Act of 2025 - Higher Education."

SECTION 2. Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, is amended by revising Code Section 20-3-84, which is reserved, as follows:
"20-3-84. (a) As used in this Code section, the term:
(1) 'Foreign country of concern' means a country whose government is designated as a foreign adversary by the United States Secretary of Commerce pursuant to 15 C.F.R. Section 791.4 in effect on February 4, 2025. (2) 'Foreign entity of concern' means any organization, institution of higher education, association, corporation, or other entity organized under the laws of, or having its principal place of business in, a foreign country of concern or a subsidiary of any such entity. (3) 'Foreign individual of concern' means any official of a foreign country of concern or any individual who is domiciled in a foreign country of concern and who is not a citizen or lawful permanent resident of the United States. (4) 'Funding' means any gift, grant, donation, payment in exchange for services, capital investment, salary, wage, compensation, fee, or other monetary exchange in excess of a cumulative total of $1,000.00. (b) No later than January 31 and July 31 of each year, except as provided in subsection (c) of this Code section, the university system shall provide to the Governor, the chairperson of the House Committee on Higher Education, and the chairperson of the Senate Higher

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Education Committee a report detailing all funding received by the university system from a foreign country of concern, a foreign entity of concern, or a foreign individual of concern during the two most recent calendar quarters. Such report shall include:
(1) The amount of funding received; (2) The type of funding, whether a gift, grant, donation, payment in exchange for services, capital investment, salary, wage, compensation, fee, or other monetary exchange; (3) A detailed description of the government, entity, or individual providing the funding, including the name and address of such government, entity, or individual; (4) A copy of any contract, agreement, or memorandum of understanding associated with the funding; and (5) Details regarding the purpose of the funding and indicating whether the funding was a one-time event or part of a series of funding events. (c) This Code section shall not require reporting of funding provided by an individual or a family as payment for tuition or related fees for a student or students affiliated with or attending a university system program, class, or course of study. "

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2025.

__________

LOCAL GOVERNMENT SELECTION AND OBJECTION TO ARBITRATORS; REVISE PROCEDURES.

No. 128 (House Bill No. 155).

AN ACT

To amend Article 7 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to procedure for resolving annexation disputes, so as to revise procedures for the selection and objection to arbitrators; to revise how arbitration panels report their findings and recommendations; to revise provisions relating to compensation of arbitrators; to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to provide that county development authorities for certain counties shall not operate within certain municipalities; to provide for a definition; to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, and Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures as pertaining to counties and municipal corporations, so as to provide for the

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appeal of superior court decisions on zoning decisions of counties and municipal corporations; to repeal provisions authorizing administrative officers to exercise zoning powers; to repeal provisions authorizing quasi-judicial boards and agencies to hear and render decisions on applications for special administrative permits and conditional permits; to revise definitions; to amend Code Section 36-36-20 of the Official Code of Georgia Annotated, relating to "contiguous area" defined, so as to revise provisions for certain properties owned by municipalities; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Article 7 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to procedure for resolving annexation disputes, is amended by revising Code Section 36-36-114, relating to arbitration panel, composition and membership, assistance in formulating record, and regulation, as follows:
"36-36-114. (a) Not later than the twentieth business day following the date that the department first receives an objection of a proposed annexation as provided for in Code Section 36-36-113, a panel of five arbitrators shall be appointed by the department using the selection process detailed in subsection (c) of this Code section.
(b)(1) The department shall develop and maintain three pools of potential arbitrators, comprised as follows:
(A) One pool which consists of persons who are currently or within the previous six years have been municipal elected officials, managers, or administrators; (B) One pool which consists of persons who are currently or within the previous six years have been county elected officials, managers, or administrators; and (C) One pool which consists of persons with a master's degree or higher in public administration or planning and who are currently employed by an institution of higher learning in this state, other than the Carl Vinson Institute of Government of the University of Georgia. (2) Each pool shall be sufficiently large to ensure as nearly as practicable that no person shall be required to serve on more than four panels in any one calendar year and serve on no more than one panel in any given county in any one calendar year. (3) The department is authorized to coordinate with the Georgia Municipal Association, the Association County Commissioners of Georgia, and similar organizations in developing and maintaining such pools. (c)(1) Within 15 business days of the date that the department first receives an objection of a proposed annexation as provided for in Code Section 36-36-113, the department shall

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submit to the county and municipal corporations a list of 11 potential arbitrators consisting of four potential arbitrators randomly selected by the department from the pool of municipal officials, four potential arbitrators randomly selected by the department from the pool of county officials, and three potential arbitrators randomly selected by the department from the pool of academics; provided, however, that the department shall ensure that none of such selections shall include a person who:
(A) Is a resident of the county which has interposed the objection or any municipal corporation located wholly or partially in such county; (B) Actively seeks employment in the county which has interposed the objection or any municipal corporation located wholly or partially in such county; (C) Is or has been employed within the preceding six years by the county which has interposed the objection or any municipal corporation located wholly or partially in such county; or (D) Has already served on four other arbitration panels in the then-current calendar year. (2) Until noon on the twentieth business day following the date that the department receives the notice of disputed annexation: (A) The municipal corporation shall be permitted to strike or excuse up to two of the four arbitrators that were randomly selected by the department from the county officials pool by submitting written notice of any such strikes to the department; (B) The county shall be permitted to strike or excuse up to two of the four arbitrators that were randomly selected by the department from the municipal officials pool by submitting written notice of any such strikes to the department; and (C) The county and municipal corporations shall each be permitted to strike or excuse one of the three arbitrators that were randomly selected by the department from the academic pool by submitting written notice of any such strikes to the department. (3) At the close of the period for permitted strikes as allowed in paragraph (2) of this subsection, the department shall finalize the arbitration panel for the given annexation dispute by appointing: (A) Two arbitrators from the county officials subset identified in subparagraph (A) of paragraph (2) of this subsection who were not stricken; (B) Two arbitrators from the municipal officials subset identified in subparagraph (B) of paragraph (2) of this subsection who were not stricken; and (C) One arbitrator from the academic subset identified in subparagraph (C) of paragraph (2) of this subsection who was not stricken. (4) In the event that more than the required number of arbitrators remains within any given subset, the department shall randomly appoint the number of arbitrators needed for such subset from among those arbitrators remaining within such subset. (5) In the event that an arbitrator refuses or becomes unable to serve on a given panel to which he or she has been appointed pursuant to paragraph (3) of this subsection, the department shall randomly appoint a new arbitrator to such panel by randomly selecting

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an eligible arbitrator from the specific pool of arbitrators from which the original arbitrator was randomly selected under paragraph (1) of this subsection; provided, however, that such new arbitrator shall not have been previously stricken by the county or municipality. (d) Prior to being eligible to serve on any of the three pools, persons interested in serving on such panels shall receive joint training in alternative dispute resolution together with zoning and land use training, which may be designed and overseen by the Carl Vinson Institute of Government of the University of Georgia in conjunction with the Association County Commissioners of Georgia and the Georgia Municipal Association, provided such training is available. Provided that the General Assembly appropriates sufficient funds in an applicable fiscal year, the Carl Vinson Institute of Government of the University of Georgia shall provide at least one training program per year to train new potential panel members. (e) At the time any person is selected to serve on a panel for any particular annexation dispute, he or she shall sign the following oath: 'I do solemnly swear or affirm that I will faithfully perform my duties as an arbitrator in a fair and impartial manner without favor or affection to any party, and that I have not and will not have any ex parte communication regarding the facts and circumstances of the matters to be determined, other than communications with my fellow arbitrators, and will only consider, in making my determination, those matters which may lawfully come before me.' (f) The department shall develop and maintain a list of court reporters and hearing officers that may be employed by the department at the request of an arbitration panel to assist the panel in formulating the record before the panel. An arbitration panel may by majority vote of its members elect to employ court reporters and hearing officers from such list. Any costs or charges related to the employment of court reporters and hearing officers pursuant to this subsection shall be evenly divided between the city and the county. (g) The department shall promulgate rules and regulations to provide for uniform procedures and operations of arbitration panels established pursuant to this article. Notwithstanding any provision of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' to the contrary, such proposed rules and regulations shall be submitted to the chairperson of the House Governmental Affairs Committee and the Senate Committee on State and Local Government Operations."

SECTION 1-2. Said article is further amended by revising Code Section 36-36-115, relating to meetings of arbitration panel, duties, findings and recommendations, and compensation, as follows:
"36-36-115. (a)(1)(A) The arbitration panel appointed pursuant to Code Section 36-36-114 shall meet as soon after appointment as practicable and shall receive evidence and argument from the municipal corporation, the county, and the applicant or property owner and shall by majority vote render a decision which shall be binding on all parties to the

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dispute as provided for in this article not later than 60 days following such appointment, provided that the chairperson of the arbitration panel shall be authorized to extend such deadline one time for a period of up to ten business days; provided, however, that the municipal corporation and county may by mutual agreement, postpone the arbitration procession for a period of up to 180 days to negotiate a potential settlement, and such postponement shall stay the 60 day deadline provided herein. (B) Meetings of the panel may occur in person, virtually, or via teleconference. The meetings of the panel in which evidence is submitted or arguments of the parties are made, whether such meeting is in person, virtual, or via teleconference, shall be open to the public pursuant to Chapter 14 of Title 50. (C) The panel shall first determine the validity of the grounds for objection as specified in the objection. If an objection involves the financial impact on the county as a result of a change in zoning or land use or the provision of maintenance of infrastructure, the panel shall quantify such impact in terms of cost. As to any objection which the panel has determined to be valid, the panel, in its findings, may establish reasonable zoning, land use, or density conditions applicable to the annexation and propose any reasonable mitigating measures as to an objection pertaining to infrastructure demands. (2) In arriving at its determination, the panel shall consider: (A) The existing comprehensive land use plans of both the county and city; (B) The existing land use patterns in the area of the subject property; (C) The existing zoning patterns in the area of the subject property; (D) Each jurisdiction's provision of infrastructure to the area of the subject property and to the areas in the vicinity of the subject property; (E) Whether the county has approved similar changes in intensity or allowable uses on similar developments in other unincorporated areas of the county; (F) Whether the county has approved similar developments in other unincorporated areas of the county which have a similar impact on infrastructure as complained of by the county in its objection; and (G) Whether the infrastructure or capital outlay project which is claimed adversely impacted by the county in its objection was funded by a county-wide tax. (3) The county shall provide supporting evidence that its objection is consistent with its land use plan and the pattern of existing land uses and zonings in the area of the subject property, which may include, but not be limited to, adopted planning documents and capital or infrastructure plans. (4) The cost of the arbitration shall be equally divided between the city and the county; provided, however, that if the panel determines that any party has advanced a position that is not valid, the costs shall be borne by the party or parties that have advanced such position. (5) The reasonable costs of participation in the arbitration process of the property owner or owners whose property is at issue shall be borne by the county and the city in the same proportion as costs are apportioned under paragraph (4) of this subsection.

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(6) The panel shall deliver its written findings and recommendations to the parties and the department by verifiable delivery. The written findings and recommendations shall include a signed statement for each panel member as to whether or not he or she voted in support of or against such findings and recommendations. The department shall maintain a data base and record of arbitration panel results and at least annually publish a report on such decisions and make such report freely available on the department's website. (b) If the decision of the panel contains zoning, land use, or density conditions, the findings and recommendations of the panel shall be recorded in the deed records of the county with a caption describing the name of the current owner of the property, recording reference of the current owner's acquisition deed and a general description of the property, and plainly showing the expiration date of any restrictions or conditions. (c) The arbitration panel shall be dissolved on the tenth day after it renders its findings and recommendations but may be reconvened as provided in Code Section 36-36-116. (d) Notwithstanding the provisions of subsection (b) of Code Section 45-7-21, the members of the arbitration panel shall receive the same per diem, expenses, and allowances for their service on the panel as authorized by law for members of the General Assembly plus $100.00 in total for all days of service for serving on an arbitration panel. (e) If the panel so agrees, any one or more additional annexation disputes which may arise between the parties prior to the panel's initial meeting may be consolidated for the purpose of judicial economy if there are similar issues of location or similar objections raised to such other annexations or the property to be annexed in such other annexations is within 2,500 feet of the subject property."

SECTION 1-3. Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, is amended by adding a new Code section to read as follows:
"36-62-4.1. (a) As used in this Code section, the term 'massively municipalized county' means any county without a consolidated or unified government in which the corporate limits of two or more municipalities cover 95 percent or more of the land area of the county. (b) No county development authority for a massively municipalized county shall purchase or accept title to any real or personal property in connection with a property tax incentive project within the parts of such county that are within the corporate limits of any municipality that is located north of the northernmost corporate limit of the municipality in which the county site of such county is located if the governing authority of the municipality in which such property is located has adopted a resolution to limit such development authority from operating within such municipality. (c) The provisions of this Code section shall not apply to any project approved by a development authority prior to January 1, 2026, nor shall any amendments, refinancing,

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renewals, or the transfer of any property related to such prior projects be affected by this Code section."

PART II SECTION 2-1.

Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, is amended by revising subsection (a) of Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, procedure for review of judgments, orders, or decisions not subject to direct appeal, scope of review, hearings in criminal cases involving a capital offense for which death penalty is sought, and appeals involving nonmonetary judgments in child custody cases, as follows:
"(a) Appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings of the superior courts, the Georgia State-wide Business Court, the constitutional city courts, and such other courts or tribunals from which appeals are authorized by the Constitution and laws of this state:
(1) All final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35; (2) All judgments involving applications for discharge in bail trover and contempt cases; (3) All judgments or orders directing that an accounting be had; (4) All judgments or orders granting or refusing applications for receivers or for interlocutory or final injunctions; (5) All judgments or orders granting or refusing applications for attachment against fraudulent debtors; (6) Any ruling on a motion which would be dispositive if granted with respect to a defense that the action is barred by Code Section 16-11-173; (7) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary restraining orders; (8) All judgments or orders refusing applications for dissolution of corporations created by the superior courts; (9) All judgments or orders sustaining motions to dismiss a caveat to the probate of a will; (10) All judgments or orders entered pursuant to subsection (c) of Code Section 17-10-6.2; (11) All judgments or orders in child custody cases awarding, refusing to change, or modifying child custody or holding or declining to hold persons in contempt of such child custody judgment or orders; (12) All judgments or orders entered pursuant to Code Section 35-3-37; (13) All judgments or orders entered pursuant to Code Section 9-11-11.1; and (14) All final judgments or orders reviewing a zoning decision, as such term is defined in paragraph (4) of Code Section 36-66-3."

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SECTION 2-2. Said article is further amended by revising subsection (a) of Code Section 5-6-35, relating to cases requiring application for appeal, requirements for application, exhibits, response, issuance of appellate court order regarding appeal, procedure, supersedeas, jurisdiction of appeal, and appeals involving nonmonetary judgments in custody cases, as follows:
"(a) Appeals in the following cases shall be taken as provided in this Code section: (1) Appeals from decisions of the superior courts reviewing decisions of the State Board of Workers' Compensation, the State Board of Education, auditors, state and local administrative agencies, lower courts, and quasi-judicial decisions of boards or agencies of local governments, including those defined in paragraphs (1.1) and (1.2) of Code Section 36-66-3 by petition for review; provided, however, that this provision shall not apply to decisions of the Public Service Commission and probate courts and to cases involving ad valorem taxes and condemnations; (2) Appeals from judgments or orders in divorce, alimony, and other domestic relations cases including, but not limited to, granting or refusing a divorce or temporary or permanent alimony or holding or declining to hold persons in contempt of such alimony judgment or orders; (3) Appeals from cases involving distress or dispossessory warrants in which the only issue to be resolved is the amount of rent due and such amount is $2,500.00 or less; (4) Appeals from cases involving garnishment or attachment, except as provided in paragraph (5) of subsection (a) of Code Section 5-6-34; (5) Appeals from orders revoking probation; (5.1) Appeals from decisions of superior courts reviewing decisions of the Sexual Offender Risk Review Board; (5.2) Appeals from decisions of superior courts granting or denying petitions for release pursuant to Code Section 42-1-19; (6) Appeals in all actions for damages in which the judgment is $10,000.00 or less; (7) Appeals, when separate from an original appeal, from the denial of an extraordinary motion for new trial; (8) Appeals from orders under subsection (d) of Code Section 9-11-60 denying a motion to set aside a judgment or under subsection (e) of Code Section 9-11-60 denying relief upon a complaint in equity to set aside a judgment; (9) Appeals from orders granting or denying temporary restraining orders; (10) Appeals from awards of attorney's fees or expenses of litigation under Code Section 9-15-14; (11) Appeals from decisions of the state courts reviewing decisions of the magistrate courts by de novo proceedings so long as the subject matter is not otherwise subject to a right of direct appeal; (12) Appeals from orders terminating parental rights; and

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(13) Appeals from orders under subsection (a) of Code Section 44-14-610 granting or denying an objection to the filing of a lis pendens or granting or denying a motion canceling a lis pendens."

SECTION 2-3. Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures as pertaining to counties and municipal corporations, is amended by revising paragraph (1) of subsection (b) of Code Section 36-66-2, relating to legislative purpose and local government zoning powers, and by adding a new paragraph to read as follows:
"(1) Provide by ordinance or resolution for such administrative officers, boards, or agencies as may be expedient for the efficient exercise of delegated, quasi-judicial zoning powers and to establish procedures and notice requirements for hearings before such quasi-judicial boards or agencies that are consistent with the minimum procedures provided for in this chapter to assure due process is afforded the general public; and"

SECTION 2-4. Said chapter is further amended by revising paragraphs (1.1) and (4) of Code Section 36-66-3, relating to definitions, and by adding a new paragraph to read as follows:
"(1.1) 'Quasi-judicial boards or agencies' means any board or agency designated by ordinance to make quasi-judicial decisions. (1.2) 'Quasi-judicial decision' means a final quasi-judicial action that is the exercise of quasi-judicial land use powers, including hearing appeals of administrative decisions and hearing and rendering decisions on applications for variances, administrative permits, or other similar permits not enumerated herein as a zoning decision, pursuant to standards for the exercise of such quasi-judicial authority adopted by a local government. Such term does not include permits issued or decisions made by administrative staff pursuant to the authority designated by ordinance which contains an express right to appeal to a local government board or authority which is subject to these provisions applicable to quasi-judicial decisions." "(4) 'Zoning decision' means final legislative action by a local government which results in:
(A) The adoption or repeal of a zoning ordinance; (B) The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance; (C) The adoption or denial of an amendment to a zoning ordinance to rezone property from one zoning classification to another; (D) The adoption or denial of an amendment to a zoning ordinance by a municipal local government to zone property to be annexed into the municipality; (E) The grant or denial of an application for a special use of property; or (F) The grant or denial of an application for a variance or the imposition or modification of conditions concurrent and in conjunction with a decision pursuant to

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subparagraph (C) or (E) of this paragraph, or a subsequent modification to such a variance or condition."

SECTION 2-5. Said chapter is further amended by revising subsections (b), (c), (g), and (h) of Code Section 36-66-4, relating to adoption of hearing policies and procedures and standards for exercise of zoning power, as follows:
"(b) If a zoning decision of a local government is for the rezoning of property and the rezoning is initiated by a party other than the local government, then:
(1) The notice, in addition to the requirements of subsection (a) of this Code section, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property; and (2) A sign containing information required by local ordinance or resolution shall be placed in a conspicuous location on the property not less than 15 days nor more than 45 days prior to the date of the hearing. (c) If the zoning decision of a local government is for the rezoning of property and the amendment to the zoning ordinance to accomplish the rezoning is denied by the local government, then the same property may not again be considered for rezoning until the expiration of at least six months immediately following the denial of the rezoning by the local government or the conclusion of related judicial proceedings." "(g) A local government delegating decision-making power to a quasi-judicial board or agency shall provide for a hearing on each proposed action described in paragraph (1.2) of Code Section 36-66-3. Notice of such hearing shall be provided at least 15 but not more than 45 days prior to the quasi-judicial hearing, with such notice being made as provided for in subsection (a) of this Code section and with additional notice being mailed to the owner of the property that is the subject of the proposed action. (h)(1) Notwithstanding any other provisions of this chapter to the contrary, when a proposed zoning decision relates to an amendment of the zoning ordinance to revise one or more zoning classifications or definitions relating to single-family residential uses of property so as to authorize multifamily uses of property pursuant to such classification or definitions, or to grant permission, under certain or all circumstances, for property owners to deviate from the existing zoning requirements of a single-family residential zoning, such zoning decision shall be adopted in the following manner:
(A) The zoning decision shall be adopted at two regular meetings of the local government making the zoning decision, during a period of at least 15 but not more than 45 days apart; and (B) Prior to the first meeting provided for in subparagraph (A) of this paragraph, at least two public hearings shall be held on the proposed action. Such public hearings shall be held at least three months and not more than nine months prior to the date of final action on the zoning decision. Furthermore, at least one of the public hearings shall be held between the hours of 5:00 P.M. and 8:00 P.M. The hearings required by

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this paragraph shall be in addition to any hearing required under subsection (a) of this Code section. The local government shall give notice of such hearing by:
(i) Posting notice on each affected premises in the manner prescribed by subsection (b) of this Code section; provided, however, that when more than 500 parcels are affected, in which case posting notice is required every 500 feet in the affected area; and (ii) Publishing in a newspaper of general circulation within the territorial boundaries of the local government a notice of each hearing at least 15 days and not more than 45 days prior to the date of the hearing. Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will authorize multifamily uses or give permission to the property owner to deviate from the zoning requirements of a single-family residential zoning of property in classification previously relating to single-family residential uses. The published notice shall be at least nine column inches in size and shall not be located in the classified advertising section of the newspaper. The notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the local government and in the office of the clerk of the superior court of the county of the legal situs of the local government for the purpose of examination and inspection by the public. The local government shall furnish anyone, upon written request, a copy of the proposed amendment, at no cost. (2) The provisions of paragraph (1) of this subsection shall also apply to any zoning decisions that provide for the abolition of all single-family residential zoning classifications within the territorial boundaries of a local government or zoning decisions that result in the rezoning of all property zoned for single-family residential uses within the territorial boundaries of a local government to multifamily residential uses of property. (3) This subsection shall not apply to zoning decisions for the rezoning of property from a single-family residential use of property to a multifamily residential use of property when the rezoning is initiated by the owner or authorized agent of the owner of such property or when the local government adopts a zoning ordinance or zoning map applicable to the entire land area under the governance of the local government, as opposed to a subset of parcels of land under the governance of the local government."

SECTION 2-6. Said chapter is further amended by revising subsections (b.1) and (c) of Code Section 36-66-5, relating to adoption of hearing policies and procedures and standards for exercise of zoning power, as follows:
"(b.1) In addition to policies and procedures required by subsection (a) of this Code section, each local government providing for a quasi-judicial board's or agency's grant, denial, or review of a quasi-judicial matter shall adopt specific standards and criteria governing the exercise of such quasi-judicial decision-making authority, and such standards

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shall include the factors by which the local government directs the evaluation of a quasi-judicial matter. Such standards shall be printed and copies thereof made available for distribution to the general public. (c) The policies and procedures required by subsection (a) of this Code section and the adoption of standards required by subsections (b) and (b.1) of this Code section shall be included in and adopted as part of the zoning ordinance. Prior to the adoption of any zoning ordinance enacted on or after July 1, 2022, a local government shall conduct a public hearing on a proposed action which may be advertised and held concurrent with the hearing required by subsection (a) of Code Section 36-66-4 for the adoption of a zoning ordinance. The provisions of subsection (a) of Code Section 36-66-4 relating to notices of public hearings for the purposes of that subsection shall also apply to public hearings required by this subsection."

SECTION 2-7. Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 36-66-5.1, relating to judicial review and procedures, as follows:
"(2) Quasi-judicial decisions as described in this chapter shall be subject to appellate review by the superior court pursuant to its appellate jurisdiction from a lower judicatory body and shall be brought by way of a petition for such review as provided for in Title 5. Such matters shall be reviewed on the record which shall be brought to the superior court as provided in Title 5."

PART IIA SECTION 2A-1.

Code Section 36-36-20 of the Official Code of Georgia Annotated, relating to "contiguous area" defined, is amended by revising subsection (c) as follows:
"(c) If, at the time annexation procedures are initiated, the entire area to be annexed is owned by the municipal governing authority to which the area is to be annexed and if the annexation of municipally owned property is approved by resolution of the governing authority of the county wherein the property is located, then the term 'contiguous area' shall mean any area which, at the time annexation procedures are initiated, abuts directly on the municipal boundary or which would directly abut on the municipal boundary if it were not otherwise separated from the municipal boundary by lands owned by the municipal corporation or some other political subdivision, by lands owned by this state, or by the definite width or by the length of:
(1) Any street or street right of way; (2) Any creek or river; or (3) Any right of way of a railroad or other public service corporation which divides the municipal boundary and any area proposed to be annexed; provided, however, that an annexation by the length of paragraphs (1) through (3) of this subsection

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shall also be approved by a majority of the qualified voters of such county voting on a referendum to approve such annexation."

PART III SECTION 3-1.

(a) Part I of this Act shall become effective on January 1, 2026. (b) Part II of this Act shall become effective on July 1, 2025, and shall apply to all zoning and quasi-judicial decisions occurring on and after such date; provided, however, that no zoning or quasi-judicial decision occurring prior to December 31, 2026, shall be rendered invalid or void if a local government fails to implement the provisions set out in Code Section 36-66-5.1. (c) Part IIA and Part III of this Act shall become effective on July 1, 2025.

SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2025.

__________

CONTRACTS INCREASE DOLLAR VALUE OF CERTAIN PUBLIC WORKS CONTRACTS EXEMPT FROM PROVISIONS RELATING TO RETENTION OF CONTRACTUAL PAYMENTS.

No. 129 (House Bill No. 137).

AN ACT

To amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, so as to increase the dollar value of certain public works contracts exempt from provisions relating to retention of contractual payments; 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 increase the dollar value trigger of certain considerations related to in-state purchasing preferences for certain contracts and purchases; to amend Article 11 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school property and facilities, so as to increase the dollar value related to when certain school construction contracts must be subject to competitive bidding; to amend Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and municipal road systems, so as increase the dollar value of certain contracts counties and municipalities are prohibited from negotiating; to amend Chapter 91 of Title 36 of the

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Official Code of Georgia Annotated, relating to public works bidding, so as to increase the dollar values of certain public works construction contracts exempt from bidding requirements; to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure for state purchasing, so as to increase the dollar value related to when construction or public works contracts must be conducted and negotiated by the Department of Administrative Services; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, is amended in Code Section 13-10-80, relating to definitions, contract requirements, application, effect of greater benefits contracted for, and evidence of indebtedness paid, by revising subsection (c) as follows:
"(c) This Code section shall not apply to: (1) Any contracts let by the Department of Transportation of this state for the construction, improvement, or maintenance of roads or highways in this state or purposes incidental thereto; or (2) Any contracts whose value or duration at the time of the award does not exceed $250,000.00 or 45 days in duration."

SECTION 2. 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 in Code Section 20-2-500, relating to contracts for purchases authorized of certain supplies, materials, equipment, or agricultural products to give preference to in-state manufacturers or producers, purchases over $100,000.00, and vendor preferences, by revising subsection (a) as follows:
"(a)(1) Local boards of education shall provide that contracts for or purchases of supplies, materials, equipment, or agricultural products, including but not limited to school buses but not including instructional materials or beverages for immediate consumption, for public elementary and secondary schools supported in whole or in part from public funds shall give preference as far as may be reasonable and practicable to such supplies, materials, equipment, and agricultural products as may be manufactured or produced in this state. Such preference shall not sacrifice quality. (2) Local boards of education shall provide that, in determining whether such a preference is reasonable in any case where the value of a contract for or purchase of such supplies, materials, equipment, or agricultural products exceeds $250,000.00, the local school district shall consider, among other factors, information submitted by the bidder which may include the bidder's estimate of the multiplier effect on gross state domestic product and the effect on public revenues of the state and the effect on public revenues

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of political subdivisions resulting from acceptance of a bid or offer to sell Georgia manufactured or produced goods as opposed to out-of-state manufactured or produced goods. Any such estimates shall be in writing. No local school district shall divide a contract or purchase which exceeds $250,000.00 for the purpose of avoiding the requirements of this paragraph."

SECTION 3. Article 11 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school property and facilities, is amended in Code Section 20-2-520, relating to acquiring and disposing of school sites and building, repairing, renting, and furnishing schoolhouses, by revising subsection (a) as follows:
"(a) The county boards of education shall have the power to purchase, lease, or rent school sites; build, repair, or rent schoolhouses; purchase maps, globes, and school furniture; and make all arrangements necessary to the efficient operation of the schools. Such county boards are invested with the title, care, and custody of all schoolhouses or other property, with the power to control such property in such manner as they think will best serve the interests of the public schools; and when, in the opinion of the county board, any schoolhouse site has become unnecessary or inconvenient, they may sell it in the name of the county board; and the conveyance for any such sale shall be executed by the president or secretary of the county board, according to the order of the county board. Such county boards shall have the power to receive any gift, grant, donation, or devise made for the use of the public schools within the respective counties; and all conveyances of real estate which may be made to such a county board shall vest the property in such county board and its successors in office. Such county board may provide for the building of schoolhouses by a tax on all property located in the county and outside the territorial limits of any independent school system. The construction of all public school buildings must be approved by the county school superintendent and county board and must be according to the plans furnished by the county school authorities and the State Board of Education. All public school construction contracts in excess of $250,000.00 shall be publicly advertised and awarded through an open and competitive process, regardless of the funding source."

SECTION 4. Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and municipal road systems, is amended revising Code Section 32-4-63, relating to limitations on power to contract and at least two estimates required for certain expenditures, as follows:
"32-4-63. (a) A county is prohibited from negotiating a contract except a contract:
(1) Involving the expenditure of less than $250,000.00; (2) With a state agency or county or municipality with which a county is authorized to contract in accordance with the provisions of Code Sections 32-4-61 and 32-4-62;

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(3) For the purchase of those materials, supplies, and equipment necessary for the county's construction and maintenance of its public roads and for the support and maintenance of the county's forces used in such work, as authorized by Chapter 91 of Title 36; (4) Subject to Article 6 of Chapter 6 of this title, with a railroad or railway company or a publicly or privately owned utility concerning relocation of its line, tracks, or facilities where the same are not then located in a public road and such relocation or grade-crossing elimination is necessary as an incident to the construction of a new public road or to the reconstruction or maintenance of an existing public road. Nothing contained in this paragraph shall be construed as requiring a county to furnish a site or right of way for railroad or railway lines or tracks of public utility facilities required to be removed from a public road; (5) For engineering or other kinds of professional or specialized services; (6) For emergency maintenance requiring immediate repairs to a public road, including but not limited to bridge repairs, snow and ice removal, and repairs due to flood conditions; (7) Otherwise expressly authorized by law; or (8) That is a design-build contract as provided for in Code Section 32-4-74. (b) No contract involving an expenditure of more than $20,000.00 but less than $250,000.00 shall be awarded under this Code section without the submission of at least two estimates."

SECTION 5. Said chapter is further amended by revising Code Section 32-4-113, relating to limitations on power to contract and at least two estimates required for certain expenditures, as follows:
"32-4-113. (a) A municipality is prohibited from negotiating a contract except a contract:
(1) Involving the expenditure of less than $250,000.00; (2) With a state agency or political subdivision as authorized by Code Sections 32-4-111 and 32-4-112; (3) With a railroad or railway company or a publicly or privately owned utility as authorized by Article 6 of Chapter 6 of this title; (4) For engineering or other kinds of professional or specialized services; (5) For emergency maintenance requiring immediate repairs to a public road, including but not limited to bridge repairs, snow and ice removal, and repairs due to flood conditions; or (6) Otherwise expressly authorized by law. (b) No contract involving an expenditure of more than $20,000.00 but less than $250,000.00 shall be awarded under this Code section without the submission of at least two estimates."

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SECTION 6. Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works bidding, is amended in Code Section 36-91-22, relating to exceptions, use of inmate labor, and emergency situations, by revising subsections (a) and (g) as follows:
"(a) The requirements of this chapter shall not apply to public works construction projects, when the same can be performed at a cost of less than $250,000.00. Public works construction projects shall not be subdivided in an effort to evade the provisions of this chapter." "(g) The requirements of this chapter shall not apply to public works construction projects or any portion of a public works construction project self-performed by a governmental entity. If the governmental entity contracts with a private person or entity for a portion of such project, the provisions of this chapter shall apply to any such contract estimated to exceed $250,000.00."

SECTION 7. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure for state purchasing, is amended in Code Section 50-5-72, relating to construction and public works contracts conducted by department, advertising costs, and exceptions, by revising subsection (a) as follows:
"(a) Notwithstanding any other provision of this part or any other law dealing with the subject matter contained in this Code section to the contrary, all construction or public works contracts, exceeding a total expenditure of $250,000.00, of any department, board, bureau, commission, office, or agency of the state government, except as provided in this Code section, shall be conducted and negotiated by the Department of Administrative Services in accordance with this part; provided, however, that any expenditure of less than $250,000.00 shall still be subject to review and approval by the Department of Administrative Services, which may approve noncompetitive expenditures of up to $250,000.00."

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2025.

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MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS PROTECTIVE ORDER REGISTRY; MILITARY JUDGES; DEFINITION.

No. 130 (House Bill No. 325).

AN ACT

To amend Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the Protective Order Registry, so as to revise certain definitions; to amend Part 1 of Article 5 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions of the Code of Military Justice, so as to provide for processes for protective orders to be issued by military judges that prohibit contact between specific members of the state militia in the instance that one member of such militia has been accused of stalking by another member of such militia; to amend Part 7 of Article 5 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to trial procedures of the Code of Military Justice, so as to provide for contempt; to amend Part 10 of Article 5 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to punitive provisions of the Code of Military Justice, so as to provide for courts-martial; 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. Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the Protective Order Registry, is amended by revising Code Section 19-13-51, relating to definitions, as follows:
"19-13-51. As used in this article, the term:
(1) 'Court' means judges in the classes of courts identified in Title 15, military judges as defined in Code Section 38-2-1001, and any other person while acting as such a judge pursuant to designation as otherwise authorized by law. (2) 'Foreign court' means a court of competent jurisdiction in any state other than this state or any territory or tribal jurisdiction in the United States. (3) 'Foreign protective order' means any temporary order of protection, order of protection, restraining order, injunction, pretrial release order, or sentencing order that prohibits contact, acts of family violence, or stalking issued by a foreign court. (4) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to

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enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes a state or local officer, law enforcement officer of the organized militia as defined in Code Section 38-2-1001, sheriff, deputy sheriff, dispatcher, 9-1-1 operator, police officer, prosecuting attorney, member of the State Board of Pardons and Paroles, hearing officer of the State Board of Pardons and Paroles, and community supervision officer of the Department of Community Supervision. (5) 'Modification' means any amendment, dismissal, or continuance. (6) 'Prosecuting attorney' means each attorney elected to represent a judicial circuit in this state and any assistant or deputy district attorney, or solicitor, in each judicial circuit in this state. (7) 'Protective order' means:
(A) An ex parte, temporary, six-month, permanent, restraining, pretrial release, or sentencing order issued by a judge in this state that prohibits contact or that is pursuant to Article 7 of Chapter 5 of Title 16 or this chapter or a protective order or consent agreement issued by a military judge pursuant to Code Section 38-2-1006.1; and (B) A foreign protective order. (8) 'Registry' means the Georgia Protective Order Registry."

SECTION 2. Part 1 of Article 5 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions of the Code of Military Justice, is amended by revising paragraph (15) of Code Section 38-2-1001, relating to definitions, as follows:
"(15) 'Military judge' means an active or retired commissioned officer of the organized militia or state military force of another state or of the armed forces of the United States or a reserve component thereof who meets all requirements set forth in subsection (b) of Code Section 38-2-1026."

SECTION 3. Said part is further amended by adding a new Code section to read as follows:
"38-2-1006.1. (a) As used in this Code section, the term:
(1) 'State active duty' means full-time duty in the organized militia under an order of the Governor or otherwise issued by authority of law when such duty is paid for with funds of the state, including travel to and from such duty. (2) 'Verified petition' means a petition that has been sworn to or affirmed by the petitioner, in the presence of a notary public or other person authorized pursuant to 10 U.S.C. Section 1044a, indicating that the information contained in such petition is true and accurate to the best of such petitioner's knowledge. Such term shall include a counter petition filed by a respondent.

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(b) A member of the organized militia who alleges stalking by another member of the organized militia may seek a protective order by filing a verified petition alleging conduct constituting stalking under Code Section 16-5-90. Subject matter jurisdiction under this Code section shall be established if a nexus exists between the alleged conduct constituting stalking under Code Section 16-5-90 and the organized militia. If either the petitioner or the accused member was in a status as provided for by Title 32 of the United States Code or was on state active duty during the time of the alleged conduct, a rebuttable presumption exists that such nexus is established. (c) A petition provided for in subsection (b) of this Code section shall be filed through the petitioner's immediate commander or any superior commander of such petitioner if the immediate commander is the respondent, and such immediate commander or superior commander shall forward such petition to the Office of the State Judge Advocate within 24 hours of such commander's receipt of such petition. The Office of the State Judge Advocate shall provide a copy of the verified petition to the respondent's immediate commander who shall serve the petition upon such respondent; provided, however, that, if the respondent's immediate commander is the petitioner, another appropriate superior commander of the respondent shall serve such respondent. (d) Upon the filing of a verified petition in which the petitioner alleges with specific facts that probable cause exists to establish that stalking under Code Section 16-5-90 by the respondent has occurred in the past and may occur in the future, the military judge may order such temporary relief ex parte as he or she deems necessary to protect the petitioner from stalking. If the military judge issues an ex parte order, a copy of the order shall be furnished to the petitioner and a copy shall be provided to the respondent's immediate commander, who shall serve the order upon the respondent; provided, however, that, if the respondent's immediate commander is the petitioner, another appropriate superior commander of the respondent shall serve such respondent. (e) Within 10 days of the filing of the verified petition under this Code section or as soon as practical thereafter, but not later than 45 days after the filing of the verified petition, a hearing shall be held at which the petitioner must prove the allegations of the verified petition by a preponderance of the evidence. Notice of such hearing shall be provided to the petitioner and the respondent by their respective immediate commander or superior commander at least five days in advance of such hearing. (f) At the hearing provided for in subsection (e) of this Code section, the military judge may grant a protective order on a temporary or permanent basis or approve a consent agreement to bring about a cessation of conduct constituting stalking under Code Section 16-5-90. The military judge shall not have the authority to issue or approve mutual protective orders unless the respondent has filed a verified petition as a counter petition no later than three days, not including Saturdays, Sundays, and legal holidays, prior to the hearing. Such orders or agreements may:
(1) Direct a party to refrain from such conduct constituting stalking under Code Section 16-5-90; and

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(2) Order a party to refrain from harassing and intimidating, as defined in Code Section 16-5-90, the other party to the case. (g) The military judge may compel obedience to a protective order or consent agreement issued pursuant to this Code section and may punish by contempt, in accordance with Code Section 38-2-1048, a party's disobedience to a protective order or consent agreement issued pursuant to this Code section. (h) A protective order or consent agreement issued pursuant to this Code section shall apply and shall be effective throughout this state, regardless of the duty status of the petitioner or the respondent. It shall be the duty of the immediate commanders and any respective superior commanders or superior commissioned officers of the parties, every military judge, every superior court, every sheriff, every deputy sheriff, and every military, state, county, or municipal law enforcement officer within this state to enforce and carry out the terms of any valid protective order or consent agreement issued under the provisions of this Code section. (i) A protective order or consent agreement issued pursuant to this Code section shall expire by operation of law when the respondent is no longer a member of the organized militia by virtue of resignation, retirement, expiration of term of service, discharge, or transfer to the national guard of a state other than Georgia, but shall remain in full force and effect during any time period in which the respondent is not a member of the organized militia due to active military service of the United States under call or order into service. (j) Appeals of the grant or denial of verified petitions filed pursuant to this Code section shall be authorized in the same manner as appeals of domestic relations cases under Code Section 5-6-35."

SECTION 4. Part 7 of Article 5 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to trial procedures of the Code of Military Justice, is amended by revising Code Section 38-2-1048, relating to contempt and penalty, as follows:
"38-2-1048. (a) A military judge may punish for contempt, in the same manner and subject to the same limitations as authorized for courts in Code Section 15-1-4, any person who uses any menacing word, sign, or gesture in his or her presence, or who disturbs the proceedings of the military court by any riot or disorder. (b) A military judge may compel obedience to any lawful writ, process, order, rule, decree, or command of the military judge issued pursuant to this article and may punish by contempt, in the same manner and subject to the same limitations as authorized for courts in Code Section 15-1-4, any person's disobedience to any lawful writ, process, order, rule, decree, or command of the military judge issued pursuant to this article. (c) A person subject to this article may be punished for contempt by confinement not to exceed 30 days or a fine of $1,000.00, or both.

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(d) A person not subject to this article may be punished for contempt by a military court in the same manner as a criminal court of this state. (e) A person subject to this article who commits contempt may be tried by court-martial or otherwise disciplined under this article for such misconduct in addition to or instead of punishment for contempt. (f) Appeals by persons punished for contempt shall be authorized in the same manner as appeals of contempt cases under Code Section 5-6-34."

SECTION 5. Part 10 of Article 5 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to punitive provisions of the Code of Military Justice, is amended by revising Code Section 38-2-1092, relating to failure to obey order or regulation, as follows:
"38-2-1092. Any person subject to this article shall be punished as a court-martial may direct who:
(1) Violates or fails to obey any lawful general order or regulation; (2) Having knowledge of any other lawful order issued by a member of the organized militia, which it is his or her duty to obey, fails to obey the order; (3) Is derelict in the performance of his or her duties; or (4) Having knowledge of a protective order or consent agreement issued pursuant to Code Section 38-2-1006.1, which it is his or her duty to obey, fails to obey the protective order or consent agreement."

SECTION 6. This Act shall become effective on July 1, 2025.

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2025.

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CRIMES AND OFFENSES "GEORGIA SURVIVOR JUSTICE ACT"; ENACT.

No. 131 (House Bill No. 582).

AN ACT

To amend Titles 16, 17, 24, and 45 of the Official Code of Georgia Annotated, relating to crimes and offenses, criminal procedure, evidence, and public officers and employees, respectively, so as to provide for defendants to support a justification defense by offering

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evidence of family violence, dating violence, or child abuse committed by the alleged victim; to provide for petitions for the opportunity to present such evidence; to revise provisions for the defense of coercion and to provide for the application of such defense in all criminal cases; to provide a privilege for participation in victim centered programs and victim-offender dialogues; to provide for definitions; to provide for limitations; to provide for civil immunity for facilitators in certain circumstances; to provide for a short title; to provide for uniform oaths to be sworn by all peace officers; to provide for aspirational language in such oaths; to limit the legal effect of any such aspirational language; to limit the crime of violation of oath of a public officer to codified oaths; to limit the violation of oath by a public officer to violations predicated on certain offenses; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Georgia Survivor Justice Act."

SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Article 2 of Chapter 3, relating to justification and excuse under defenses to criminal prosecutions, by revising subsection (d) of Code Section 16-3-21, relating to use of force in defense of self or others and evidence of belief that force was necessary in murder or manslaughter prosecution, as follows:
"(d)(1) In a prosecution for any offense prohibited under Chapter 5 of this title, if a defendant raises as a defense a justification provided by subsection (a) of this Code section, the defendant may offer relevant evidence that the defendant had been subjected to acts of family violence, dating violence, or child abuse committed by the alleged victim, as such acts are described in Code Sections 19-13-1, 19-13A-1, and 19-15-1, respectively, in order to establish the defendant's reasonable belief that the threat or use of force or deadly force was immediately necessary. (2) Relevant evidence includes, but is not limited to:
(A) Evidence pertaining to the alleged victim's prior acts, including, but not limited to: (i) Evidence indicating the defendant sought law enforcement assistance; (ii) Evidence indicating the defendant sought services from a counselor, social worker, domestic violence program, or other relevant agency or service provider; (iii) Evidence indicating the defendant sought medical attention; (iv) Evidence of the effects of battering and post-traumatic stress disorder on the defendant; and (v) Temporary protective order petitions, ex parte orders, and final orders in which the alleged victim is the respondent;

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(B) Expert testimony, including, but not limited to, testimony as to relevant facts and circumstances relating to the family violence, dating violence, or child abuse, as such acts are described in Code Sections 19-13-1, 19-13A-1, and 19-15-1, respectively, that are the bases of such expert's opinion; and (C) Any other evidence the court determines is of sufficient credibility or probative value. (3) Evidence introduced under this subsection shall be subject to Code Sections 24-4-401, 24-4-402, and 24-4-403."

SECTION 3. Said title is further amended in said article by revising Code Section 16-3-26, relating to coercion, as follows:
"16-3-26. A person is not guilty of a crime, except for the offense of murder provided for in subsection (a) of Code Section 16-5-1, if the act upon which the supposed criminal liability is based is performed under such coercion that he or she reasonably believes that performing the act is necessary to prevent imminent death or great bodily injury to himself or herself or a third person."

SECTION 4. Said title is further amended by revising Code Section 16-10-1, relating to violation of oath by public officer, as follows:
"16-10-1. (a) Any public officer who willfully and intentionally violates the terms of his or her oath as prescribed by law shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years. (b) Any peace officer, as such term is defined in Code Section 35-8-2, who has sworn the oath or oaths prescribed in Code Sections 15-16-4 and 45-3-7 shall be subject to prosecution under this Code section only for violations of such oath or oaths as prescribed. (c) No individual shall be subject to prosecution for violation of his or her oath of office under this Code section, except where such violation is predicated upon the commission of a felony or a misdemeanor of a high and aggravated nature."

SECTION 5. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Article 1 of Chapter 10, relating to procedure for sentencing and imposition of punishment, by revising subsection (f) of Code Section 17-10-1, relating to fixing of sentence, suspension or probation of sentence, change in sentence, eligibility for parole, prohibited modifications, and exceptions, as follows:
"(f)(1) Within one year of the date upon which the sentence is imposed, or within 120 days after receipt by the sentencing court of the remittitur upon affirmance of the

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judgment after direct appeal, whichever is later, the court imposing the sentence has the jurisdiction, power, and authority to correct or reduce the sentence and to suspend or probate all or any part of the sentence imposed. The time periods prescribed in this subsection require the defendant to file a motion within such time periods; however, the court shall not be constrained to issue its order or hear the matter within such time periods. Prior to entering any order correcting, reducing, or modifying any sentence, the court shall afford notice and an opportunity for a hearing to the prosecuting attorney. Any order modifying a sentence which is entered without notice and an opportunity for a hearing as provided in this subsection shall be void. This subsection shall not limit any other jurisdiction granted to the court in this Code section or as provided for in subsection (g) of Code Section 42-8-34.
(2)(A) A person who is serving a sentence may submit a petition to the court requesting to be sentenced under Code Section 17-10-22 if:
(i) The offense was committed before July 1, 2025; or (ii) The petition includes evidence that was not part of the record of the case at any sentencing hearing. (B) Such petition shall be served upon the district attorney. The state shall file its response, if any, within 60 days of being served with such petition. The superior court shall, upon motion for an extension of time and after a hearing and good cause shown, grant one extension to the original 60 day period, not to exceed 180 additional days. (C) There shall be a presumption in favor of granting a hearing on a petition filed pursuant to this paragraph unless the court determines that there is a lack of circumstantial guarantees of trustworthiness, an inherent unreliability of the facts asserted, or a deficiency in the factual allegations in the petition. If the court decides that the petitioner is not entitled to a hearing, the court shall enter an order denying relief and shall include written findings of fact outlining the reasons for such order. (D) A hearing on a petition filed pursuant to this paragraph, if granted, shall be scheduled within 90 days of the filing of such petition or within 60 days of the deadline for the state's response, whichever is later. The state shall be given notice and the opportunity to respond at any such hearing. (E)(i) If, based upon evidence presented at the hearing, the court determines that the petitioner has met the criteria provided in subsection (b) of Code Section 17-10-22, the court shall enter an order reducing the defendant's sentence pursuant to subsection (c) of Code Section 17-10-22. (ii) If, based upon the petition or evidence presented at the hearing, the court determines that the petitioner has not met the criteria provided in subsection (b) of Code Section 17-10-22, the court shall notify the petitioner, dismiss his or her petition without prejudice, and enter an order to such effect. Such an order shall include written findings of fact outlining the reasons for such order. (F) Any order issued by a court pursuant to this paragraph shall include written findings of fact and the reasons for such order.

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(G) Any judgments pursuant to this paragraph shall be final judgments and subject to direct appeal by the petitioner and the state under Code Sections 5-6-34 and 5-7-1."

SECTION 6. Said title is further amended in said article by adding a new Code section to read as follows:
"17-10-22. (a) At the time of sentencing, the defendant may present evidence that he or she was subjected to acts of family violence, dating violence, or child abuse, as such acts are described in Code Sections 19-13-1, 19-13A-1, and 19-15-1, respectively, and that such acts were a significant contributing factor for the offense for which the defendant is being sentenced. The rules of evidence shall apply to such presentation of evidence except that the following evidence shall be admissible:
(1) Hearsay; (2) Character evidence; (3) Evidence indicating the defendant sought law enforcement assistance; (4) Evidence indicating the defendant sought services from a counselor, social worker, domestic violence program, or other relevant agency or service provider; (5) Evidence indicating the defendant sought medical attention; (6) Evidence of prior statements regarding the acts of family violence, dating violence, or child abuse, as such acts are described in Code Sections 19-13-1, 19-13A-1, and 19-15-1, respectively; (7) Evidence of the effects of battering and post-traumatic stress disorder on the defendant; (8) Evidence pertaining to the alleged perpetrator's history of other acts of family violence, dating violence or child abuse, as such acts are described in Code Sections 19-13-1, 19-13A-1, and 19-15-1, respectively, including, but not limited to, temporary protective order petitions, ex parte orders, and final orders in which the alleged perpetrator is the respondent; (9) Expert testimony, including facts and circumstances relating to the family violence, dating violence, or child abuse, as such acts are described in Code Sections 19-13-1, 19-13A-1, and 19-15-1, respectively, that are the bases of such expert's opinion; and (10) Any other evidence that the court determines is of sufficient credibility or probative value. (b) The court shall impose a sentence as provided in subsection (c) of this Code section if the court finds that: (1) By a preponderance of the evidence, the defendant was subjected to acts of family violence, dating violence, or child abuse, as such acts are described in Code Sections 19-13-1, 19-13A-1, and 19-15-1, respectively, and such acts were a significant contributing factor to the offense; or (2) The best interest of justice and welfare of society would be served; provided, however, that such finding shall only be entered with the consent of the state.

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(c) Upon a finding provided for in subsection (b) of this Code section: (1) A person convicted of a crime punishable by death or by life imprisonment shall be punished by imprisonment for not less than ten years nor more than 30 years. In the court's discretion, the judge may depart from such mandatory minimum sentence when the prosecuting attorney and the defendant have agreed to a sentence that is below such mandatory minimum. Notwithstanding any other provision of law to the contrary, such sentence may be reduced by any form of parole or early release administered by the State Board of Pardons and Paroles or by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections. (2) A person convicted of a felony other than a felony punishable by death or life imprisonment shall be punished by imprisonment for not less than one year nor more than one-half the maximum period of time for which he or she could have been sentenced, by one-half the maximum fine to which he or she could have been subjected, or both."

SECTION 7. Title 24 of the Official Code of Georgia Annotated, relating evidence, is amended in Chapter 5, relating to privileges relative to evidence, by revising paragraphs (8) and (9) of and adding a new paragraph to subsection (a) of Code Section 24-5-501, relating to certain communications privileged, to read as follows:
"(8) Communications between or among any psychiatrist, psychologist, licensed clinical social worker, clinical nurse specialist in psychiatric/mental health, licensed marriage and family therapist, and licensed professional counselor who are rendering psychotherapy or have rendered psychotherapy to a patient, regarding that patient's communications which are otherwise privileged by paragraph (5), (6), or (7) of this subsection; (9) Communications between accountant and client as provided by Code Section 43-3-29; and (10) Communications made in the context of victim centered practices or victim-offender dialogues as provided for in Code Section 24-5-511."

SECTION 8. Said title is further amended in said chapter by adding a new Code section to read as follows:
"24-5-511. (a) As used in this Code section, the term:
(1) 'Facilitator' means a person who is trained to facilitate a victim centered practice or victim-offender dialogue. (2) 'Party' means a person, including a facilitator, a victim, an offender, a community member, and any other participant, who voluntarily consents to participate with others in a victim centered practice or victim-offender dialogue. (3) 'Proceeding' means any legal action subject to the laws of this state, including, but not limited to, civil, criminal, juvenile, or administrative hearings.

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(4) 'Victim centered practice' or 'practice' means a gathering in which parties gather to identify and respond to wrongdoing, repair harm, reduce the likelihood of further harm, and strengthen community ties by focusing on the needs and obligations of all parties involved through a participatory process. (5) 'Victim-offender dialogue' or 'dialogue' means a process in which the victim of a crime, or his or her surviving family members, and the offender who committed the crime meet in a secure setting to engage in a dialogue facilitated by a facilitator with the goal of repairing harm and addressing trauma. (b)(1) Any communication or action made at any time while preparing for or participating in a victim centered practice or a victim-offender dialogue or as a follow up to such practice or dialogue, or the fact that such practice or dialogue has been planned or convened, shall be privileged and shall not be referred to, used, or admitted in any proceeding unless such privilege is waived. Such waiver may be made during the proceeding or in writing by the party or parties protected by the privilege. Privileged information shall not be subject to discovery or disclosure in any judicial or extrajudicial proceeding and shall not be subject to public inspection as provided by Article 4 of Chapter 18 of Title 50. (2) Parties of a victim centered practice or victim-offender dialogue may refuse to disclose communications relating to a victim centered practice or victim-offender dialogue and prevent others from disclosing such communications. (3) Any waiver of privilege shall be limited to the participation and communications of the waiving party only, and the participation or communications of any other party shall remain privileged unless waived by such other party. (c) Evidence that is created or discovered outside of the victim centered practice or victim-offender dialogue shall not become inadmissible or protected from discovery solely because it was discussed or used in a victim centered practice or victim-offender dialogue. (d)(1) The privilege afforded by this Code section shall not extend to a situation in which:
(A) There are threats of imminent violence to self or others; or (B) The facilitator believes that a child is being abused or that the safety of any party or other person is in danger. (2) A court, tribunal, or administrative body may require a report on a victim centered practice or victim-offender dialogue, but such report shall be limited to the fact that a practice or dialogue has taken place and whether further practices or dialogues are expected. (e) The privilege created by this Code section shall not be grounds to fail to comply with mandatory reporting requirements as set forth in Code Section 19-7-5 or Chapter 5 of Title 30, the 'Disabled Adults and Elder Persons Protection Act.' (f) No facilitator shall be held liable for civil damages for any statement, action, omission, or decision made in the course of a victim centered practice or victim-offender dialogue unless that statement, action, omission, or decision is:

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(1) Grossly negligent and made with malice; or (2) Made with willful disregard for the safety or property of any party to the victim centered practice or victim-offender dialogue."

SECTION 9. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by revising Code Section 45-3-7, relating to oaths of deputies, as follows:
"45-3-7. (a) Before proceeding to act, all deputies shall take the same oaths as their principals take and the oaths shall be filed and entered on the minutes of the same office with the same endorsement thereon; but this Code section shall not apply to any deputy who may be employed in particular cases only. A deputy sheriff may take his or her oaths before the sheriff and the oaths may be filed in and entered in the records of the sheriff's office. (b) All peace officers, as such term is defined in Code Section 35-8-2, taking their oath of office on or after July 1, 2025, shall be administered the following oath:
'I, (name of person taking oath), hereby swear or affirm that I will faithfully, fairly, and without malice or partiality uphold the laws of the State of Georgia, as well as any ordinances which I am authorized to enforce, to the best of my ability and support and defend the Constitution of the United States and the Constitution of Georgia. So help me God.' (c) A peace officer may take his or her oath before the chief executive officer of the agency or any authorized judicial official, and such oath may be filed in and entered in the records of that agency. (d) An agency may administer additional oaths that contain provisions not specifically prescribed and enumerated in this Code section; provided, however, that such oaths, and any language in addition to the language set forth in this Code section, shall be deemed aspirational only and of no legal effect in any civil or criminal proceeding. (e) Sheriffs and their sworn deputies taking their oath of office on or after July 1, 2025, shall take the oath set forth in Code Section 15-16-4; provided, however, that any language in such oath in addition to the language set forth in such Code section shall be deemed aspirational only and of no legal effect in any civil or criminal proceeding."

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Approved May 12, 2025.

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EDUCATION REQUIRE LOCAL SCHOOL SYSTEMS TO NOTIFY EMPLOYEES REGARDING SOCIAL SECURITY WITHHOLDINGS
AND ELIGIBILITY FOR CERTAIN BENEFITS.

No. 170 (House Bill No. 37).

AN ACT

To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to require local school systems to provide notice to employees regarding social security withholdings and eligibility for inclusion in certain benefits, pension, or retirement plans; to provide for the payment of the costs of health insurance coverage for family members of local board of education members; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Code Section 20-2-55, relating to per diem, insurance, and expenses of local board members, by revising paragraph (1) of subsection (b) as follows:
"(b)(1) A local board of education is authorized to provide group medical and dental insurance for its members who elect to participate. Such insurance may be provided through a group policy secured by the local school district, a group policy secured by several local school districts, a policy secured by an organization of local school boards, or in accordance with Code Section 45-18-5 providing for the inclusion of members of the local board of education and their spouses and dependents within any health insurance plan or plans established under Article 1 of Chapter 18 of Title 45. It shall be the duty of the board to make the employer contributions required for the operation of such plan or plans. Except as provided in paragraph (3) of this subsection, a board providing such insurance shall pay no greater percentage of the cost of that insurance than the percentage of the cost paid as an employer contribution by the state for the health insurance plan for state employees pursuant to Article 1 of Chapter 18 of Title 45. The remainder of such insurance costs shall be paid as an employee contribution by the board member. It shall be the duty of the board to deduct from the salary or other remuneration of qualified members or otherwise collect such payment from the qualified members or dependents."

SECTION 2. Said chapter is further amended by adding a new Code section to read as follows:

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"20-2-219.1. (a) Beginning July 1, 2025, and continuing thereafter, each local school system shall, upon hiring a new employee, provide such new employee the following:
(1) Notice of whether: (A) Social security taxes will be withheld from his or her pay; (B) He or she is eligible to be included in a plan with coverage for the benefits of Title II of the Social Security Act; and (C) He or she is eligible to be included in any other pension or retirement plan; and
(2) If he or she is eligible to be included in one or more plans provided for in subparagraph (B) or (C) of paragraph (1) of this subsection, information regarding such plan or plans. (b) No later than December 31, 2025, and at least once every five years thereafter, each local school system shall provide each current employee with the notice required in paragraph (1) of subsection (a) of this Code section. (c) Beginning July 1, 2025, and continuing thereafter, each local school system shall notify each employee at or near the time of such employee's separation whether social security taxes were withheld from his or her pay during any part of his or her employment."

SECTION 3. This Act shall become effective on July 1, 2025.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2025.

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COURTS ALAPAHA JUDICIAL CIRCUIT; SUPERIOR COURTS; PROVIDE FOR AN ADDITIONAL JUDGE.

No. 171 (House Bill No. 55).

AN ACT

To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for an additional judge of the superior courts of the Alapaha Judicial Circuit; to provide for the appointment and term of such additional judge by the Governor; to provide for the election and terms of successors to the judge initially appointed; to require candidates for such judgeships to designate the seat for which they are running; to prescribe the powers of such judge; to prescribe the compensation,

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salary, and expense allowance of such judge to be paid by the State of Georgia and the counties included in such circuit; to authorize the judges of such circuit to divide and allocate the work and duties thereof; to provide for the designation of a chief judge; to provide for the manner of impaneling jurors; to provide for an additional court reporter for such circuit; to authorize the governing authority of the counties included in such circuit to provide facilities, office space, supplies, equipment, and personnel for such judges; to declare inherent authority; 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. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, is amended by revising paragraph (1) as follows:
"(1) Alapaha Circuit.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3"

SECTION 2. The additional judge of the superior courts of the Alapaha Judicial Circuit provided for in this Act shall be appointed by the Governor for a term beginning January 1, 2026, and expiring December 31, 2028, and until a successor is elected and qualified. At the nonpartisan judicial election to be held in 2028, there shall be elected a successor to such additional judge appointed as provided for in this section, and he or she shall take office on the first day of January, 2029, and serve for a term of office of four years and until a successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the nonpartisan judicial election conducted in the year in which the term of office of such judge shall expire and serve for a term of four years and until his or her successor is duly elected and qualified. Such judges shall take office on the first day of January following the date of their election. Such elections shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia.

SECTION 3. Each person who offers for election as one of the judges of the superior courts of the Alapaha Judicial Circuit shall designate with the proper authority in all general elections the specific seat for which such person offers by naming the incumbent judge whom he or she desires to succeed and thereupon such person shall be permitted, if otherwise qualified, to run for such designated judgeship and no other. In the event that there is no incumbent judge in the seat for which such person desires to offer, the person shall qualify by announcing his or her intention to run for the office for which there is no incumbent.

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SECTION 4. The additional judge of the superior courts of the Alapaha Judicial Circuit provided for in this Act shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Alapaha Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.

SECTION 5. The qualifications of such additional judge and his or her successors shall be the same as are now provided by law for all other superior court judges, and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties comprising such circuit shall be the same as that of other judges of the Alapaha Judicial Circuit. The salary supplements enacted by the counties comprising such circuit for the present superior court judges of such circuit shall also be applicable to the additional judge provided by this Act.

SECTION 6. All writs and processes in the superior courts of the Alapaha Judicial Circuit shall be returnable to the terms of such superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of such courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide the judges of such circuit with equal jurisdiction and authority to attend to and perform the functions, powers, and duties of the judges of such superior courts and to direct and conduct all hearings and trials in such courts.

SECTION 7. Upon and after qualification of the additional judge of the Alapaha Judicial Circuit, the judges of the Alapaha Judicial Circuit may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the courts; and, in transacting the business of the courts and in performing their duties and responsibilities, the judges shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling.

SECTION 8. The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted by any of the judges of the superior courts of such circuit; and such judges, collectively or individually, shall have full power and authority to draw and impanel jurors for service in

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such courts so as to have jurors for the trial of cases before any of such judges separately or before each of them at the same time.

SECTION 9. The judges of the Alapaha Judicial Circuit shall be authorized and empowered to employ an additional court reporter for such circuit whose compensation shall be as now or hereafter provided by law.

SECTION 10. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Alapaha Judicial Circuit may bear teste in the name of any judge of such circuit and, when issued by and in the name of any judge of such circuit, shall be fully valid and may be held and determined before the same or any other judge of such circuit. Any judge of such courts may preside over any cause therein and perform any official act as judge thereof.

SECTION 11. The governing authorities of the counties comprising the Alapaha Judicial Circuit shall provide the judges of such circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary to the proper functioning of the courts. All of the expenditures authorized in this Act are declared to be an expense of the superior court for which such expenditure was authorized and shall be payable out of such court's respective county treasury as such.

SECTION 12. Nothing enumerated in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.

SECTION 13. This Act shall become effective for the purpose of appointing the additional judge upon its approval by the Governor or upon its becoming law without such approval and for all other purposes on January 1, 2026.

SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2025.

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AVIATION TRANSPORTATION, DEPARTMENT OF; AUTHORITY OVER VERTIPORTS; PROVIDE.

No. 172 (House Bill No. 156).

AN ACT

To amend Chapter 1 of Title 6 of the Official Code of Georgia Annotated, relating to general provisions relative to aviation, so as to provide the Department of Transportation with authority over vertiports; to provide for definitions; to amend Code Section 48-13-50.2 of the Official Code of Georgia Annotated, relating to definitions relative to excise tax on rooms, lodgings, and accommodations, so as to revise the definition of the term "tourism product development" to include air service product expansion at air carrier airports; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 6 of the Official Code of Georgia Annotated, relating to general provisions relative to aviation, is amended by revising Code Section 6-1-1, relating to powers and duties of Department of Transportation -- Aviation and aviation facilities generally, as follows:
"6-1-1. (a) As used in this title, the term:
(1) 'Landing field' shall include a vertiport. (2) 'Vertiport' means an area specifically designated and primarily used for the landing, takeoff, and servicing of aircraft with a maximum takeoff weight of greater than 1,320 pounds that is capable of vertical takeoff and landing. (b) The Department of Transportation shall have the following powers and duties: (1) To plan for and establish a long-term policy in regard to the establishment, development, and maintenance of aviation, landing fields, and aviation facilities in this state; (2) To promote and encourage the use of aviation facilities of the state for air commerce in this state and between the state, other states, and foreign countries; (3) To cooperate, counsel, and advise with the State Transportation Board in regard to the planning, construction, development, and maintenance of airports, landing fields, and air navigation facilities in this state; (4) To cooperate, counsel, and advise with municipalities and other political subdivisions of the state and with other departments, boards, bureaus, commissions, agencies, or establishments, whether federal, state, or local, or public or private, for the purpose of promoting and obtaining coordination in the planning for and in the establishment of

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development, maintenance, and protection of a system of air routes, airports, landing fields, and other aviation facilities in this state."

SECTION 2. Code Section 48-13-50.2 of the Official Code of Georgia Annotated, relating to definitions relative to excise tax on rooms, lodgings, and accommodations, is amended in paragraph (6) by striking "or" at the end of subparagraph (O), by replacing the period with "; and" at the end of subparagraph (P), and by adding a new subparagraph to read as follows:
"(Q) Air service product expansion at air carrier airports."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2025.

__________

STATE GOVERNMENT GEORGIA HOUSING AND FINANCE AUTHORITY; INCREASE OUTSTANDING BOND LIMIT.

No. 173 (House Bill No. 159).

AN ACT

To amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Housing and Finance Authority, so as to increase the outstanding bond limit; 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 26 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Housing and Finance Authority, is amended in Code Section 50-26-10, relating to obligations not subject to "Georgia Uniform Securities Act of 2008," payment of operating costs, authority's revenue, bond anticipation notes, terms of bond, replacement of bond, validation, and interest rates, by revising subsection (i) as follows:
"(i)(1) The authority shall not have outstanding at any one time bonds and notes for its single-family residential housing program in an aggregate amount exceeding $6 billion, excluding bonds and notes issued to refund outstanding bonds and notes.

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(2) The authority shall not have outstanding at any one time bonds and notes for financing of enterprises, other than enterprises contained in a health facility and other than housing, exceeding $140 million and shall not issue any such bonds or notes after June 30, 1995; provided, however, that such limitations shall not apply with respect to bonds and notes issued to refund outstanding bonds and notes. (3) The authority shall not have outstanding at any one time bonds and notes for the financing of health care services exceeding $30 million; provided, however, that such limitations shall not apply with respect to bonds and notes issued to refinance outstanding bonds and notes. (4) Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' the usury laws of this state, or any other laws of this state do not apply to bonds of the authority."

SECTION 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 May 13, 2025.

__________

HIGHWAYS, BRIDGES, AND FERRIES ALLOWABLE VARIANCE FOR WEIGHT LIMITATIONS UPON A VEHICLE OR LOAD; REPEAL AUTOMATIC REPEAL PROVISIONS.

No. 174 (House Bill No. 164).

AN ACT

To amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to repeal automatic repeal provisions relating to an allowable variance for weight limitations upon a vehicle or load hauling certain commodities within a certain range and areas of the state; to provide for the enforcement of such provisions by local law enforcement officers; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, is amended in Code Section 32-6-26, relating to weight of vehicle and load, by revising paragraph (5) of subsection (g) as follows:
"(5) Notwithstanding any provisions of this Code section to the contrary, a vehicle which is hauling any of the commodities listed in subparagraphs (A), (B), (C), and (G) of paragraph (1) of this subsection, which is hauling any other agricultural or farm product from a farm to the first point of marketing or processing, which is hauling agricultural finished goods for distribution or for retail sale and purchase by consumers, or which is hauling recovered materials from points of generation to a processing facility shall, within a 150 mile radius of the farm or point of origin and outside of a nonattainment area as of May 3, 2023, as such term is defined in Code Section 32-9-11, be permitted a 10 percent variance from the weight limitations in paragraph (1) of this subsection, provided that the tractor and the trailer are each certified to meet or exceed the weight allowable by such variance. A lift axle may not be used in computing the maximum total gross weight authorized for any vehicle or load under this paragraph. Any person who violates the load limitations provided for in this paragraph by exceeding a 10 percent variance per single axle, tandem axle, or maximum total gross weight shall be fined on the basis of the weight limitations of paragraph (1) of this subsection and not on the basis of the variance allowed by this paragraph. "

SECTION 2. Said article is further amended in Code Section 32-6-27, relating to enforcement of load limitations, as in effect on July 1, 2025, by revising subsection (a.1) as follows:
"(a.1)(1)(A) The Department of Public Safety and local law enforcement officers are authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 and for which signs have been placed and maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50. (B) The Department of Public Safety and local law enforcement officers are authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 but for which signs have not been placed or maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation. (2)(A) The Department of Public Safety and local law enforcement officers are authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge for which signs have been placed and maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.1) of Code Section 32-4-91; provided, however, that local law enforcement authority to issue a

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citation pursuant to this subparagraph shall be limited to bridges located within a county road or municipal street system. (B) The Department of Public Safety and local law enforcement officers are authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge but for which signs have not been placed or maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.1) of Code Section 32-4-91 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation; provided, however, that local law enforcement authority to issue a citation pursuant to this subparagraph shall be limited to bridges located within a county road or municipal street system."

SECTION 3. Said article is further amended in Code Section 32-6-28, relating to permits for excess weight and dimensions, as in effect on July 1, 2025, by revising paragraph (3) of subsection (a) as follows:
"(3) Every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any local law enforcement officer or any police officer, state trooper, or authorized agent of the department."

SECTION 4. Said article is further amended by revising Code Section 32-6-29, relating to responsibility of the Department of Transportation and responsibility of the Department of Public Safety, as in effect on July 1, 2025, as follows:
"32-6-29. (a) The Department of Transportation shall be responsible for rules and regulations relating to size and weight limits and issuance of permits under this article. (b) The Department of Transportation shall not, however, employ any law enforcement officers or agents except as may be specifically authorized by other laws. Law enforcement responsibility for enforcement of this article shall be in the Department of Public Safety and with any local law enforcement officer authorized to enforce laws relating to motor vehicles and traffic upon the road or bridge on which a vehicle is traveling."

SECTION 5. Said article is further amended by revising Code Section 32-6-30, relating to stopping vehicles for purposes of weighing, measuring, or inspecting, reports of violations, and refusal to stop, as in effect on July 1, 2025, as follows:
"32-6-30. (a)(1) Any law enforcement officer or employee of the Department of Public Safety to whom law enforcement authority has been designated who observes a motor vehicle

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being operated upon a public road of the state shall be authorized to stop the vehicle and weigh, measure, and inspect such vehicle when he or she has reason to believe that:
(A) Any provision of this article is being violated; (B) The vehicle is improperly licensed in violation of Code Sections 40-2-150 through 40-2-162; or (C) A fuel tax registration card is not being carried or that a proper distinguishing identification marker is not affixed to the vehicle in violation of Code Section 48-9-39. (2) Any local law enforcement officer observing a motor vehicle being operated upon a public road within the jurisdiction where he or she has authority to enforce the motor vehicle and traffic laws who has reason to believe the vehicle weight limitations of this article have been violated shall be authorized to stop such vehicle and weigh, measure, or inspect the same, provided that such law enforcement officer has been properly trained regarding the laws governing commercial motor vehicle weight and load, equivalent to training provided to certified officers in the Motor Carrier Compliance Enforcement Section. (b)(1) If the operator of the vehicle shall refuse to stop upon proper order as directed by a person authorized by subsection (a) of this Code section to stop, weigh, measure, or inspect the vehicle or its load, the operator shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $200.00. The operator shall have the right to post an appropriate bond, which shall not exceed $400.00, when any law enforcement officer or employee of the Department of Public Safety authorized to enforce this article apprehends said operator for any violation of this article. (2) In addition, the operator's driver's license or nonresident's driving privilege may be suspended for a period of not more than 90 days by the Department of Driver Services upon satisfactory proof of said refusal to stop or drive the vehicle upon the scales. Each person who shall apply for a Georgia driver's license, or for nonresident driving privileges, or for a renewal of same thereby consents to stop such vehicle for inspection or to drive such vehicle upon scales whenever so ordered by a law enforcement officer or authorized employee of the Department of Public Safety. (c) Any violation found relating to licensing or fuel tax registration and identification requirements pursuant to this Code section shall be reported to the Department of Revenue by the officer or employee observing such violation."

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2025.

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EDUCATION EMPLOYEE COMPREHENSIVE BACKGROUND CHECKS FOR EARLY CARE AND EDUCATION PROGRAMS AND HEAD START PROGRAMS; REVISE PROVISIONS.

No. 175 (House Bill No. 175).

AN ACT

To amend Chapter 1A Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, so as to revise provisions regarding employee comprehensive background checks for early care and education programs and Head Start programs; to provide for definitions; to provide for revocation and nonissuance of licenses and commissions for early care and education programs; 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 1A Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, is amended by adding a new paragraph to Code Section 20-1A-2, relating to definitions, to read as follows:
"(8.1) 'Head Start program' means any program authorized under the federal Head Start Act, 42 U.S.C. Section 9801, et seq. "

SECTION 2. Said chapter is further amended by revising paragraph (1) of Code Section 20-1A-30, relating to definitions, as follows:
"(1) 'Comprehensive records check determination' means a satisfactory or unsatisfactory determination by the department, based upon a Federal Bureau of Investigation criminal history records check, including fingerprint check; a search of one or more available and appropriate child abuse and sex offender registries, repositories, or data bases as provided by rules and regulations promulgated by the department; and a search of the following registries, repositories, or data bases in the state where the actual or potential employee or director resides and in each state where such individual resided during the preceding five years: criminal registry or repository, with the use of fingerprints being required in the state where the individual resides and optional in other states; state sex offender registry or repository; and state based child abuse and neglect registry and data base."

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SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 20-1A-34, relating to check of fingerprints on national level, satisfactory determination prior to employment, additional records checks, and retention of fingerprints, as follows:
"(a) The department shall receive an application for a comprehensive records check determination, as may be required by the department and allowed under federal law, for any current or potential director, employee, or other individual affiliated with any program that receives, either directly or indirectly, federal funds through the department for the care of children, including, but not limited to, early care and education programs and Head Start programs. Upon receipt of such application, the department shall comply with all rules of GCIC and the Federal Bureau of Investigation for the request and receipt of fingerprint based criminal history reports. Such directors, employees, and other affiliated individuals shall also submit all necessary applications, fees, and acceptable fingerprints to GCIC in order to determine the applicant's suitability for child care employment. If no criminal history record is identified at the state level, the applicant's fingerprints shall be forwarded by Georgia Bureau of Investigation to the Federal Bureau of Investigation for a national criminal history check. The Georgia Bureau of Investigation shall forward the results of the state and Federal Bureau of Investigation checks to the department. Upon receipt of such results from the Georgia Bureau of Investigation, the department shall determine the applicant's suitability for child care employment. If the fingerprint records check determination is unsatisfactory for a director, employee, or other affiliated individual, the department shall notify the provider and the director, employee, or other affiliated individual of such determination in writing, and no such director, employee, or other affiliated individual shall be allowed to be present at the facility when any child is present for care or to reside in the facility until he or she either has obtained a satisfactory comprehensive records check determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The department shall cease to issue funds, either directly or indirectly, to any director, employee, or other affiliated individual or program that willfully and continually fails to comply with the requirements of this Code section."

SECTION 4. Said chapter is further amended by revising Code Section 20-1A-39, relating to potential employees, current employees and directors, comprehensive records check requirements, satisfactory determination, and liability for hiring ineligible employee, as follows:
"20-1A-39. (a) Before a person may become an employee of any early care and education program after such program has received a license or commission, such program shall require such person to obtain a comprehensive records check determination that is satisfactory. All potential employees, excluding students currently enrolled in an early education curriculum through an accredited school of higher education, may submit evidence, satisfactory to the

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department, that the potential employee received a comprehensive records check determination that is satisfactory and that includes a records check clearance date that is no more than 12 months old, notwithstanding Code Section 20-1A-45, or that any potential employee whose comprehensive records check revealed a criminal record of any kind has either subsequently received a comprehensive records check determination that is satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. A student currently enrolled in an early education curriculum through an accredited school of higher education may submit evidence, satisfactory to the department, that the student received a comprehensive records check determination that is satisfactory and that includes a records check clearance date that is no more than 24 months old, notwithstanding Code Section 20-1A-45, or that such student whose comprehensive records check determination revealed a criminal record of any kind has either subsequently received a comprehensive records check determination that is satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The licensed or commissioned early care and education program shall maintain documentation in the employee's personnel file, which shall be available to the department upon request, which reflects that a comprehensive records check determination that is satisfactory was received before the employee is eligible to be present at a facility while children are present for care or to reside in a facility. If the comprehensive records check determination for any potential employee reveals a criminal record of any kind, such potential employee shall be ineligible to be present at a facility while children are present for care or to reside in a facility until such potential employee has either obtained a comprehensive records check determination that is satisfactory or has had the unsatisfactory comprehensive records check determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. If the comprehensive records check determination is unsatisfactory, the licensed or commissioned early care and education program shall, after receiving notification of such unsatisfactory determination, take such immediate steps as are necessary so that such person is no longer present at the facility while children are present for care and no longer resides in the facility. The department shall revoke the license or commission of an early care and education program if such program fails to comply with the requirements of this Code section. The time frames set forth in this subsection shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33. (b) Each employee and director of any licensed or commissioned early care and education program shall undergo additional comprehensive records check determinations such that the time between such additional comprehensive records check determinations and that employee's or director's previous comprehensive records check determination shall not exceed five years except when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33,

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notwithstanding Code Section 20-1A-45. The early care and education program shall maintain documentation in the appropriate personnel file, which shall be available to the department immediately upon request, indicating that such person has obtained such current comprehensive records check determination that is satisfactory or has had an unsatisfactory comprehensive records check determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The department shall revoke the license or commission of an early care and education program if such program fails to comply with the requirements of this Code section. (c) A license or commission shall be revoked and the department shall refuse to issue a license or commission to an early care and education program if a director or employee of such program does not undergo the comprehensive records check determination applicable to such director or employee and receive acceptable determinations. (d) After the issuance of a license, commission, or permit, the department may require additional comprehensive records check determinations on any director or employee of an early care and education program when the department has reason to believe that such director or employee has a criminal record that renders such director or employee ineligible to have contact with children in the early care and education program, or during the course of a child abuse investigation involving such director or employee. (e) No licensed or commissioned early care and education program may allow any person to be present at a facility while children are present for care or to reside in a facility as a director or an employee of such program unless there is on file with such program an employment history and a satisfactory comprehensive records check determination or proof that an unsatisfactory determination has been reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The department shall revoke the license or commission of any early care and education program if such program fails to comply with the requirements of this Code section. (f) A license holder, commission holder, permit holder, or director of a licensed, commissioned, or permitted early care and education program that allows an employee or director about whom such license holder, commission holder, permit holder, or director knows or should reasonably know to have a criminal record that renders such employee or director ineligible to have contact with children to be present at a facility while children are present for care or to reside in a facility shall be guilty of a misdemeanor."

SECTION 5. This Act shall become effective on July 1, 2025.

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2025.

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STATE GOVERNMENT "RICHARD H. SMITH GEORGIA CHIPS ADVANCEMENT IN RESEARCH AND ECONOMIC DEVELOPMENT ACT"; ENACT.

No. 176 (House Bill No. 216).

AN ACT

To amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to create the Georgia CHIPS and Advanced Technology Commission; to provide for the purpose, membership, and duties of such commission; to amend Chapter 34 of Title 50, relating to the OneGeorgia Authority, so as to abolish the Georgia CHIPS and Advanced Technology Consortium; to replace the advisory panel and executive committee governing said consortium with the Georgia CHIPS and Advanced Technology Commission; to provide for a definition; to provide for a sunset date; to provide for related matters; to provide for a short title; 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. This Act shall be known and may be cited as the "Richard H. Smith Georgia CHIPS Advancement in Research and Economic Development Act."

SECTION 2. Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, is amended by adding a new article to read as follows:

"ARTICLE 11

50-7-130. (a) As used in this Code section, the term 'commission' means the Georgia CHIPS and Advanced Technology Commission established pursuant to this Code section. (b) Subject to available funding, the commission shall be established for the purposes of:
(1) Establishing a forum for public and private stakeholders across the semiconductor manufacturing industry in this state to focus on education, research and development, and commercial production; (2) Leveraging the expertise and capacity of institutions of higher education in this state, industry, and nonprofit organizations focused on semiconductor and advanced technology economic and workforce development to develop a comprehensive strategic plan to ensure ongoing semiconductor innovation;

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(3) Advising on strategies for attracting public and private investment in this state related to research, development, commercialization, manufacturing, and advanced packaging of semiconductors; (4) Identifying and expanding opportunities for workforce training and development related to the research, design, and manufacturing of semiconductors and related advanced technologies; (5) Sustaining the leadership of this state in advanced semiconductor research, design, manufacturing, and advanced packaging; and (6) Encouraging the state, counties, and municipalities to attract and support the semiconductor industry and related suppliers. (c) The commission shall be composed of the following members: (1) Three members appointed by the Governor; (2) Two members appointed by the President of the Senate; (3) Two members appointed by the Speaker of the House of Representatives; (4) The chancellor of the University System of Georgia or his or her designee; and (5) The commissioner of Technical College System of Georgia or his or her designee. (d) In making appointments under subsection (c) of this Code section, priority shall be given to individuals with experience in manufacturing, design, industrial development, academic research, and scientific research in the field of semiconductors. (e) All vacancies on the commission shall be filled by the original appointing official. (f) The commission shall be assigned to the Georgia Department of Economic Development for administrative purposes only, as prescribed in Code Section 50-4-3. (g) The commission shall stand abolished on June 30, 2028."

SECTION 3. Chapter 34 of Title 50 of the Official Code of Georgia Annotated, relating to the OneGeorgia Authority, is amended by repealing Code Section 50-34-21, relating to the Georgia CHIPS and Advanced Technology Consortium.

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 May 13, 2025.

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BANKING AND FINANCE MORTGAGE LENDERS AND BROKERS; PROHIBIT UNFAIR OR DECEPTIVE PRACTICES IN CONSUMER TRANSACTIONS RELATED TO MORTGAGE TRIGGER LEADS.

No. 177 (House Bill No. 240).

AN ACT

To amend Part 2 of Article 15 of Chapter 1 of Title 10 and Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the Fair Business Practices Act and licensing of mortgage lenders and mortgage brokers, respectively, so as to prohibit unfair or deceptive practices in consumer transactions related to mortgage trigger leads; to provide for definitions; to provide for a remedy; 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. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the Fair Business Practices Act, is amended by adding a new Code section to read as follows:
"10-1-393.20. (a) As used in this Code section, the term:
(1) 'Mortgage broker' shall have the same meaning as set forth in Code Section 7-1-1000. (2) 'Mortgage lender' shall have the same meaning as set forth in Code Section 7-1-1000. (3) 'Mortgage trigger lead' means a consumer report obtained pursuant to Section 604(c)(1)(B) of the federal Fair Credit Reporting Act, 15 U.S.C. Section 1681b, where the issuance of the report is triggered by an inquiry made with a consumer reporting agency in response to an application for credit. Such term shall not include a consumer report on an applicant obtained by a mortgage lender or mortgage broker with which the applicant has initially applied for credit or which holds or services an existing extension of credit of the applicant who is the subject of the report. (b) When using a mortgage trigger lead to solicit a consumer who has applied for a loan with another mortgage lender or mortgage broker, it shall be an unfair or deceptive act or practice to: (1) Fail to state in the initial solicitation that the person is not affiliated with the mortgage lender or mortgage broker with which the consumer initially applied; (2) Fail in the initial solicitation to conform to state and federal law relating to prescreened solicitations using consumer reports, including the requirement to make a firm offer of credit to the consumer;

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(3) Use information regarding consumers who have opted out of the prescreened offers of credit or who have placed their contact information on the federal do-not-call registry; or (4) Solicit a consumer with an offer of certain rates, terms, and costs with the knowledge that the rates, terms, or costs will be subsequently changed to the detriment of the consumer. (c) Failure to comply with the provisions of this Code section shall be considered an unfair or deceptive act or practice which is unlawful and shall therefore be punishable by the provisions of this part."

SECTION 2. Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, is amended in Code Section 7-1-1013, relating to prohibition of certain acts, by revising paragraphs (10) and (11) and by adding a new paragraph to read as follows:
"(10) Provide an extension of credit or collect a mortgage debt by extortionate means; (11) Purposely withhold, delete, destroy, or alter information requested by an examiner of the department or make false statements or material misrepresentations to the department or the Nationwide Multistate Licensing System and Registry or in connection with any investigation conducted by the department or another governmental agency; or (12) Engage in unfair or deceptive acts or practices in violation of Code Section 10-1-393.20."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2025.

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CONSERVATION AND NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION; ENVIRONMENTAL ADVISORY COUNCIL;
UPDATE REFERENCE DATE TO STANDARDS, RULES, AND REGULATIONS.

No. 178 (House Bill No. 287).

AN ACT

To amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to Environmental Protection Division, Environmental Advisory Council, duties of council and its members and director, appeal procedures generally, permit applications, and inspections, so as to update the reference date to standards, rules, and regulations; to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to update the reference date to rules and regulations; to provide for courtesy hunting and fishing licenses for paralyzed or disabled individuals; to change an age requirement for the special turkey hunting season for young and mobility impaired hunters; to provide for fees for resident shellfish crews; to amend Code Section 52-7-26 of the Official Code of Georgia Annotated, relating to penalty, so as to update the reference date to rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to Environmental Protection Division, Environmental Advisory Council, duties of council and its members and director, appeal procedures generally, permit applications, and inspections, is amended by revising paragraph (5) of subsection (c) as follows:
"(5) Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the standards, rules, and regulations promulgated by the Board of Natural Resources as provided in this title, the term 'standards, rules, and regulations' shall mean those standards, rules, and regulations of the Board of Natural Resources in force and effect on January 1, 2025."

SECTION 2. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising Code Section 27-1-39, relating to rules and regulations used to establish criminal violations, as follows:
"27-1-39. Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as

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provided in this title, the term 'rules and regulations' means those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2025."

SECTION 3. Said title is further amended by revising Code Section 27-2-4.2, relating to courtesy nonresident fishing licenses to certain paralyzed or disabled veterans, as follows:
"27-2-4.2. (a) The department is authorized to issue a courtesy resident or nonresident fishing license, without fee, to any person who is paralyzed or disabled and who is participating in an organized fishing event in this state which is sponsored and conducted by a nonprofit charitable association or the department, provided that such event is approved by the department. Such courtesy fishing license shall be valid for use only during the specified dates of such event and for a maximum of seven days and shall include all requirements and privileges of a fishing license, including the trout license, for use only in association with such approved event. (b) The department is authorized to issue a courtesy resident or nonresident hunting license, without fee, to any person who is paralyzed or disabled and who is participating in an organized hunting event in this state which is sponsored and conducted by a nonprofit charitable association or the department, provided that such event is approved by the department; provided, however, that persons disabled because of a mental impairment shall be issued a courtesy fishing license only, pursuant to subsection (a) of this Code section. Such courtesy hunting license shall be valid for use only during the specified dates of such hunting event and for a maximum of seven days and shall include all requirements and privileges of a hunting license, including the big game and any other requisite state hunting licenses, for use only in association with such approved event. (c) All courtesy hunting and fishing licenses are subject to all wildlife laws, rules, and regulations with the exception of the provisions requiring the payment of fees as described in Code Section 27-2-23 for such licenses. Such courtesy licenses may be revoked in accordance with this title. It shall be unlawful for any person who has a courtesy hunting license or a courtesy fishing license to permit the use of such license by any other person. It shall also be unlawful for any person who is issued a courtesy hunting license or a courtesy fishing license to use the license except at the department approved event for which such courtesy license was issued."

SECTION 4. Said title is further amended by revising Code Section 27-2-4.4, relating to special turkey hunting season for young and mobility impaired hunters, as follows:
"27-2-4.4. (a) As used in this Code section, the term 'mobility impaired person' means any person who has been verified by a doctor of medicine currently licensed to practice by the Georgia

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Composite Medical Board, the State Board of Examiners in Osteopathy, or an equivalent body of another state to have any one of the following permanent conditions:
(1) Dependence upon a wheelchair or similar device for ambulation; (2) Hemiplegia; (3) Monoplegia; (4) Paraplegia; or (5) Single-leg amputation above the knee. (b) The board shall promulgate rules and regulations authorizing the hunting of turkeys during an extended open season to: (1) Youth under 16 years of age; or (2) Any mobility impaired person. (c) Notwithstanding any provisions of Code Section 27-3-15 to the contrary, such extended season shall be for the weekend prior to the first weekend of the open turkey season, as established by the board. (d) Such special authorization shall be subject to all other provisions of this title."

SECTION 5. Said title is further amended in Code Section 27-2-23, relating to license, permit, tag, and stamp fees, by adding new subparagraphs to paragraph (8) to read as follows:

"(BB) Resident shellfish crew, up to ten harvesters

Annual

200.00

(CC) Resident shellfish crew, unlimited harvesters

Annual

400.00"

SECTION 6. Said title is further amended in Code Section 27-4-190, relating to commercial fishing license with shellfish endorsement and master harvester permit or harvester permit, hours for taking shellfish, and recreational harvesting, by revising paragraph (1) of subsection (a) as follows:
"(a)(1) It shall be unlawful to take or possess shellfish in commercial quantities or for commercial purposes without first having obtained a commercial fishing license with a shellfish endorsement and a master harvester permit or harvester permit or without proof of purchase that such shellfish were purchased from a certified shellfish dealer. Master harvester permits shall specify whether the permittee is authorized to take oysters, clams, or other shellfish and shall only be issued to persons certified by the Department of Agriculture to handle shellfish unless permission to take and possess shellfish has been granted by the department as described in subsection (d) of Code Section 27-4-197 and in Code Section 27-4-202. Such permits shall be provided annually. A permittee may request authorization from the department for employees or agents, who shall be referred to as harvesters, of such permittee to take shellfish from permitted areas. Such request shall be in writing to the department and shall include the name, address, and personal

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commercial fishing license number of the harvester. It shall be unlawful for harvesters to take or possess shellfish as authorized under their employer's master harvester permit unless they carry on their person while taking or in possession of shellfish a harvester permit as provided by the department indicating the exact area and circumstances allowed for taking. Such harvesters' permits and charts shall be provided annually by the department and shall be in a form as prescribed by the department. Harvesters must possess a valid personal commercial fishing license as provided for in Code Section 27-4-110, a shellfish endorsement as provided for in the department's rules and regulations, and, when a boat is used, a valid commercial fishing boat license as provided in Code Section 27-2-8, unless the harvester is operating under a master harvester who has purchased a valid shellfish crew license as provided for in Code Section 27-2-23 for the purposes of such license. Master harvester permits and harvester permits may be denied pursuant to Code Section 27-2-25 to persons who have violated this part in the two years immediately preceding the filing of an application for a permit. Permits may be revoked pursuant to Code Section 27-2-25. Master harvester permits and harvester permits issued to master harvesters or agents shall be surrendered to the department upon termination of Department of Agriculture certification for handling shellfish or upon termination of right to harvest shellfish pursuant to Code Section 27-4-201. If a harvester is removed from authorization to take shellfish by the master harvester permittee, the master harvester shall immediately notify the department of such removal. In addition, that harvester shall immediately surrender to the department his or her harvester permit. It shall be unlawful to possess unauthorized harvester permits or harvester permits issued to another person."

SECTION 7. Code Section 52-7-26 of the Official Code of Georgia Annotated, relating to penalty relative to the registration, operation, and sale of watercraft, is amended by revising subsection (a) as follows:
"(a) Except as otherwise provided in this article, any person who violates this article or any rule or regulation promulgated hereunder shall be guilty of a misdemeanor. For purposes of establishing criminal violations of the rules and regulations promulgated by the board as provided in this article, the term 'rules and regulations' means those rules and regulations of the board in force and effect on January 1, 2025."

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2025.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS GEORGIA VETERANS ALLOW CERTAIN PERSONS TO BE BURIED IN GEORGIA VETERANS CEMETERIES.

No. 179 (House Bill No. 53).

AN ACT

To amend Part 3 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to Georgia veterans cemeteries, so as to allow certain persons to be buried in Georgia veterans cemeteries; to provide for definitions; to provide for fees; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The General Assembly finds the following:
(1) At present, National Guard and other reserve component members of the United States armed forces, their spouses, and their children are generally not eligible to be buried in a national or state veterans cemetery; (2) The federal Burial Equity for Guards and Reserves Act of 2021 prohibits the Department of Veterans Affairs from establishing a condition for a federal cemetery grant that restricts the ability of states to bury certain reserve component members, their spouses, and their children at state owned veterans cemeteries solely because such individuals are ineligible for burial in a national veterans cemetery; (3) Consequently, this state may authorize certain reserve component members, their spouses, and their children to be buried at a Georgia veterans cemetery without the threat of loss of federal veterans burial grants; (4) Approximately 25 other states have revised their laws since the enactment of the federal Burial Equity for Guards and Reserves Act of 2021; (5) The Department of Veterans Affairs does not provide a plot allowance or marker for interment at Georgia veterans cemeteries; and (6) Legislation is needed to honor Georgians who honorably served in reserve components of the United States armed forces and their families and fees need to be charged for services provided.

SECTION 2. Part 3 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to Georgia veterans cemeteries, is amended by revising Code Section 38-4-70, relating to cemeteries established and eligibility for interment, as follows:

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"38-4-70. (a) As used in this Code section, the term:
(1) 'Full term' means the length of service agreed to by an enlisted or commissioned person in the armed forces of the United States. (2) 'Reserve component' means, with respect to the United States armed forces, the Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve, Space Force Reserve, Coast Guard Reserve, Army National Guard, and Air National Guard. (b) The Department of Veterans Service is authorized to establish, operate, and maintain Georgia veterans cemeteries in this state; provided, however, that the Georgia veterans cemetery in existence on July 1, 2002, shall be known as the 'Georgia Veterans Memorial Cemetery.' (c) The Department of Veterans Service has the primary responsibility for verifying eligibility for interment in a Georgia veterans cemetery. Eligibility criteria for interment in a Georgia veterans cemetery is as follows: (1) The same as required for interment in a national cemetery as provided by federal law and rules and regulations applicable thereto; or (2) The following individuals shall qualify for interment in a Georgia veterans cemetery pursuant to the federal Burial Equity for Guards and Reserves Act of 2021, provided such individuals completed a full term of service and became deceased on or after August 1, 1990:
(A) A member of a reserve component whose service was terminated under honorable conditions; (B) A member of the Reserve Officers' Training Corps of the Army, Navy, Air Force, or Space Force who died under honorable conditions while a service member; or (C) A spouse, minor child, or unmarried adult child of any service member described in paragraph (1) or (2) of this subsection. (d) The Department of Veterans Service is authorized to charge a fee for burial services in Georgia veterans cemeteries for each person being buried. Such fees may be based on the allowance paid for the burial of an eligible veteran in a national veterans cemetery or such other amount as the commissioner of veterans service determines is appropriate."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2025.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

HIGHWAYS, BRIDGES, AND FERRIES CONSTRUCTION OR MAINTENANCE OF ROADS UPON MILITARY BASES OR INSTALLATIONS PAID FOR BY THE UNITED STATES DEPARTMENT OF DEFENSE OR OTHER ENTITIES; AUTHORIZE.

No. 180 (House Bill No. 224).

AN ACT

To amend Chapter 1 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to highways, bridges, and ferries, so as to authorize the construction or maintenance of roads upon military bases or installations by the Department of Transportation when done so through agreement with and when paid for by the United States Department of Defense or other federal entity; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to highways, bridges, and ferries, is amended by revising Code Section 32-1-8, relating to construction and maintenance of private roads, as follows:
"32-1-8. (a) Except as otherwise provided for in subsection (b) of this Code section, it shall be unlawful for any official, officer, or employee of the department, the State Road and Tollway Authority, the Georgia Highway Authority, or any similar authority or of any county or municipality to authorize the construction or maintenance of any private road. (b) When acting pursuant to agreement with the United States Department of Defense or other federal entity, the department shall be authorized to construct or maintain a private road upon a military base or military installation, provided that funds expended for such purpose shall be solely derived from the United States Department of Defense or other federal entity acting on behalf of such department."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2025.

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REVENUE AND TAXATION INCOME TAX; EXEMPT INCOME RECEIVED AS PERSONAL COMPENSATION FOR FULL-TIME DUTY IN THE ACTIVE MILITARY SERVICE OF THE UNITED STATES.

No. 181 (House Bill No. 266).

AN ACT

To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to exempt from taxation certain income received as retirement benefits derived from service in the armed forces of the United States or the reserve components thereof; to revise a tax credit for contributions to law enforcement foundations; to expand the number of foundations that qualify; to expand the qualified expenditures; to increase the annual amount of contributions allowed; to reduce a cap for certain entities; to extend the sunset date; to remove the carry forward authorization; to provide for procedures; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended in Code Section 48-7-27, relating to computation of taxable net income, by revising paragraph (5.1) of subsection (a) as follows:
"(5.1)(A) Income received by an individual who is less than 65 years of age paid to such individual as retirement benefits from military service in the armed forces of the United States or the reserve components thereof in an amount that shall not exceed $65,000.00. (B) In the case of a married couple filing jointly, each spouse who is otherwise qualified for an exclusion allowed by this paragraph shall be individually entitled to exclude retirement income received by that spouse up to the exclusion amount. (C) The exclusions provided for in this paragraph shall not apply to or affect and shall be in addition to those adjustments to net income provided for under any other paragraph of this subsection; provided, however, that no individual shall be allowed an exclusion provided for in this paragraph in addition to any exclusion provided for in paragraph (5) of this subsection;"

SECTION 2. Said chapter is further amended in Code Section 48-7-29.25, relating to income tax credits for contributions to law enforcement foundations, as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"48-7-29.25. (a) As used in this Code section, the term:
(1) 'Law enforcement foundation' means any domestic nonprofit corporation with the sole function of supporting law enforcement through a formal relationship with one or more local law enforcement units or which provides support to law enforcement state wide and which maintains nonprofit status under Section 501(c)(3) of the Internal Revenue Code and tax exempt status under Code Section 48-7-25. (2) 'Local law enforcement unit' means any agency, office, or department of a county, municipality, or consolidated government of this state whose primary functions include the enforcement of criminal or traffic laws, preservation of public order, protection of life and property, or the prevention, detection, or investigation of crime. Such term shall include any sheriff's office in this state. Such term shall not include any agency, office, or department conducting similar functions for any court, state board, state authority, state law enforcement division or department, railroad police, or any unit appointed under the authority of Chapter 9 of Title 35 of the Official Code of Georgia Annotated. (3) 'Qualified contributions' means the preapproved contribution of funds by a taxpayer to a qualified law enforcement foundation under the terms and conditions of this Code section. (4) 'Qualified expenditures' means expenditures made by a qualified law enforcement foundation:
(A)(i) For salary supplements paid no more than twice annually or training provided directly to law enforcement officers and other employees employed by any local law enforcement unit affiliated with such qualified law enforcement foundation; (ii) For the purchase, lease, maintenance, or improvement of equipment to be used by such officers or employees; (iii) For the purchase or lease of supplies and materials for technology updates, including computer hardware and software; or (iv) For the lease of facilities or purchase of goods or services to be used for the promotion of community engagement; or (B) To cover any costs incurred by any local law enforcement unit affiliated with such law enforcement foundation for the operation of an emergency response team that combines law enforcement officers and behavioral health specialists, provided that such costs shall not include salaries or other regular compensation. (5) 'Qualified law enforcement foundation' means any law enforcement foundation that: (A) Has been certified and listed by the commissioner pursuant to subsection (d) of this Code section; and (B)(i) Has been designated as the law enforcement foundation for a local law enforcement unit or combination of neighboring local law enforcement units; or (ii) Is a law enforcement foundation which provides support to law enforcement state wide.

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(b)(1) The aggregate amount of tax credits allowed under this Code section shall not exceed $75 million per calendar year. Each qualified law enforcement foundation shall be limited to accepting $3 million per year of contributions made under this Code section. (2) Subject to the aggregate limit provided in paragraph (1) of this subsection for taxable years beginning on or after January 1, 2023, and ending on or before December 31, 2031, each taxpayer shall be allowed a credit against the tax imposed by this chapter for qualified contributions made by the taxpayer as follows:
(A) In the case of a single individual or a head of household, the actual amount of qualified contributions made or $5,000.00 per tax year, whichever is less; (B) In the case of a married couple filing a joint return, the actual amount of qualified contributions made or $10,000.00 per tax year, whichever is less; (C) Anything to the contrary contained in subparagraph (A) or (B) of this paragraph notwithstanding, in the case of an individual taxpayer who is a member of a limited liability company duly formed under state law, a shareholder of a Subchapter 'S' corporation, or a partner in a partnership, the actual amount of qualified contributions it made or $10,000.00 per tax year, whichever is less; provided, however, that tax credits pursuant to this paragraph shall only be allowed for the portion of the income on which such tax was actually paid by such member of the limited liability company, shareholder of a Subchapter 'S' corporation, or partner in a partnership; or (D) A corporation or other entity not provided for in subparagraphs (A) through (C) of this paragraph shall be allowed a credit against the tax imposed by this chapter, for qualified contributions in an amount not to exceed the actual amount of qualified contributions made or 75 percent of such corporation's or other entity's income tax liability, whichever is less. (3) Nothing in this Code section shall be construed to limit the ability of a local law enforcement unit to receive gifts, grants, and other benefits from any source allowed by law; provided, however, that no local law enforcement unit shall, under this Code section, accept or receive more than $3 million in contributions in any calendar year. (c) The commissioner shall establish a page on the department's public website for the purpose of implementing this Code section. Such page shall contain, at a minimum: (1) The application and requirements to be certified as a qualified law enforcement foundation; (2) The current list of all qualified law enforcement foundations and their affiliate law enforcement units; (3) The total amount of tax credits remaining and available for preapproval for each year; (4) A web based method for taxpayers seeking the preapproval status for contributions; and (5) The information received by the department from each qualified law enforcement foundation pursuant to paragraph (1) of subsection (g) except for division (g)(1)(B)(iv) of this Code section.

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(d) Any valid law enforcement foundation as a qualified law enforcement foundation shall be certified by the commissioner following the commissioner's receipt of a properly completed application and after the commissioner has confirmed that a local law enforcement unit has validly designated the applicant as its law enforcement foundation; provided, however, that such designation shall not be required for an applicant that provides support to law enforcement state wide. Such application shall be prescribed by the commissioner and shall include an agreement by the applicant to fully comply with the terms and conditions of this Code section.
(e)(1) Prior to making a contribution to any qualified law enforcement foundation, the taxpayer shall request preapproval by electronically notifying the department, in a manner specified by the commissioner, of the total amount of contribution that such taxpayer intends to make to such qualified law enforcement foundation. (2) Within 30 days after receiving a request for preapproval of contributions, the commissioner shall preapprove, deny, or prorate requested amounts on a first come, first served basis and shall provide notice to such taxpayer and the qualified law enforcement foundation of such preapproval, denial, or proration. Such notices shall not require any signed release or notarized approval by the taxpayer. The preapproval of contributions by the commissioner shall be based on the availability of tax credits subject to the limits established under paragraph (1) of subsection (b) of this Code section. (3) Within 60 days after receiving the preapproval notice issued by the commissioner pursuant to paragraph (2) of this subsection, the taxpayer shall contribute the preapproved amount to the qualified law enforcement foundation or such preapproved contribution amount shall expire. The commissioner shall not include such expired amounts in determining the remaining amounts available under the limits provided in paragraph (1) of subsection (b) of this Code section for the respective calendar year. (f)(1) Each qualified law enforcement foundation shall issue to each contributor making a contribution pursuant to this Code section a letter of confirmation of contribution, which shall include the taxpayer's name, address, tax identification number, the amount of the qualified contribution, the date of the qualified contribution, and the total amount of the credit allowed to the taxpayer. (2) In order for a taxpayer to claim the tax credit allowed under this Code section, all such applicable letters as provided for in paragraph (1) of this subsection shall be attached to the taxpayer's tax return. When the taxpayer files an electronic return such confirmation shall only be required to be electronically attached to the return if the Internal Revenue Service allows such attachments to be affixed and transmitted to the department. In any such event, the taxpayer shall maintain such confirmation and such confirmation shall only be made available to the commissioner upon request. (3) The commissioner shall allow tax credits for any preapproved contributions made to a qualified law enforcement foundation at the time the contributions were made if such foundation was a qualified law enforcement foundation at the time of the commissioner's

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preapproval of the contributions and the taxpayer has otherwise complied with this Code section.
(4)(A) For the period beginning on July 1 and ending on December 31 of each year, to the extent that the aggregate amount of tax credits authorized by subsection (b) of this Code section has not been reached, the commissioner shall preapprove, deny, or prorate additional requested amounts on a first come, first served basis and shall provide notice to such taxpayer and the qualified law enforcement foundation of such preapproval, denial, or proration. (B) A taxpayer that is preapproved for the tax credit allowed pursuant to this Code section during the period provided for in subparagraph (A) of this paragraph shall only be allowed such credit in an amount that shall not exceed 95 percent of the amount otherwise allowed pursuant to this Code section. (g)(1) Each qualified law enforcement foundation shall annually submit to the department: (A) A complete copy of its IRS Form 990 and other applicable attachments, or for any qualified law enforcement foundation that is not required by federal law to file an IRS Form 990, equivalent information on a form prescribed by the commissioner; and (B) A report detailing the contributions received during the calendar year pursuant to this Code section on a date determined by, and on a form provided by, the commissioner which shall include:
(i) The total number and dollar value of individual contributions and tax credits approved. Individual contributions shall include contributions made by those filing income tax returns as a single individual or head of household and those filing joint returns; (ii) The total number and dollar value of corporate contributions and tax credits approved; (iii) The total number and dollar value of all qualified expenditures made; and (iv) A list of contributors, including the dollar value of each contribution and the dollar value of each approved tax credit. (2) Except for the information published in accordance with paragraph (c) or (h) of this Code section, all information or reports relative to this Code section that were provided by qualified law enforcement foundations to the department shall be confidential taxpayer information, governed by Code Sections 48-2-15, 48-7-60, and 48-7-61, whether such information relates to the contributor or the qualified law enforcement foundation. (h) Each qualified law enforcement foundation shall publish on its public website a copy of its affiliated local law enforcement unit's prior year's annual budget containing the total amount of funds received from its local governing body. If a qualified law enforcement foundation does not maintain a public website, such information shall be otherwise made available by the qualified law enforcement foundation to the public upon request.

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(i)(1) A taxpayer shall not be allowed to designate or direct the taxpayer's qualified contributions to a qualified law enforcement foundation pursuant to this Code section to any particular purpose or for the direct benefit of any particular individual. (2) A taxpayer that operates, owns, is affiliated with, or is a subsidiary of an association, organization, or other entity that contracts directly with a qualified law enforcement foundation or any local law enforcement unit that is affiliated with a qualified law enforcement foundation shall not be eligible for tax credits allowed under this Code section for contributions made to such qualified law enforcement foundation. (3) In soliciting contributions, no person shall represent or direct that, in exchange for making qualified contributions to any qualified law enforcement foundation, a taxpayer shall receive any direct or particular benefit. The status as a qualified law enforcement foundation shall be revoked for any law enforcement foundation determined to be in violation of this paragraph and shall not be renewed for at least two years. (j)(1) Qualified contributions shall only be used for qualified expenditures. Each qualified law enforcement foundation shall maintain accurate and current records of all expenditures of qualified contributions and provide such records to the commissioner upon his or her request. (2) A qualified law enforcement foundation that fails to comply with any of the requirements under this Code section shall be given written notice by the department of such failure to comply by certified mail and shall have 90 days from the receipt of such notice to correct all deficiencies. (3) Upon failure of a qualified law enforcement foundation to correct all deficiencies within 90 days pursuant to the requirements of paragraph (2) of this subsection, the department shall revoke the law enforcement foundation's status as a qualified law enforcement foundation and such entity shall be immediately removed from the department's list of qualified law enforcement foundations. All applications for preapproval of tax credits for contributions to such law enforcement foundation under this Code section made on or after the date of such removal shall be rejected. (4) Each law enforcement foundation that has had its status revoked and has been delisted pursuant to this Code section shall immediately cease all expenditures of funds received relative to this Code section and shall transfer all of such funds that are not yet expended to a properly operating qualified law enforcement foundation within 30 calendar days of its removal from the department's list of qualified law enforcement foundations. (k)(1) No credit shall be allowed under this Code section to a taxpayer for any amount of qualified contributions that were utilized as deductions or exemptions from taxable income. (2) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. No unused tax credit shall be allowed the taxpayer against succeeding years' tax liability. No such credit shall be allowed the taxpayer against prior years' tax liability.

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(l) The commissioner shall promulgate rules and regulations necessary to implement and administer the provisions of this Code section."

SECTION 3. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2025, and shall be applicable to all taxable years beginning on or after January 1, 2026. (b) Section 1 of this Act shall become effective on January 1, 2027, and shall be applicable to all taxable years beginning on or after January 1, 2027.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2025.

__________

REVENUE AND TAXATION INCOME TAX; CONTRIBUTIONS TO FOSTER CHILD SUPPORT ORGANIZATIONS; EXPAND TAX CREDIT.

No. 182 (House Bill No. 136).

AN ACT

To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to revise and create new tax credits related to children; to increase the state tax credit for certain child and dependent care expenses; to create new tax credits for individuals with children under the age of six, for employers that pay certain child care expenses, and for insurance companies against insurance premium tax liability for contributions to qualified organizations that support foster children and justice involved youth; to provide for terms, conditions, limitations, and procedures for such credits; to revise a tax credit for contributions to foster child support organizations; to expand the organizations that qualify for such contributions; to allow such organizations to include as qualified expenditures certain services for justice involved youth; to provide for the services that are qualified expenditures; to provide for reporting requirements; to provide for certifying and decertifying qualified organizations; to provide for information sharing and limitations thereof; to provide for definitions; to provide for rules and regulations; to provide for a sunset; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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PART I SECTION 1-1.

Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by revising Code Section 48-7-29.10, relating to tax credits for qualified child and dependent care expenses, as follows:
"48-7-29.10. (a) A taxpayer shall be allowed a credit against the tax imposed by Code Section 48-7-20 for qualified child and dependent care expenses. The amount of such credit shall be equal to 50 percent of the amount of the credit provided for in Section 21 of the Internal Revenue Code which is claimed and allowed pursuant to the Internal Revenue Code. (b) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall not be allowed to be carried forward to apply to the taxpayer's succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability. (c) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer this Code section."

SECTION 1-2. Said chapter is further amended by adding a new Code section to read as follows:
"48-7-29.27. (a) As used in this Code section, the term 'qualifying child' shall have the same meaning as set forth in Section 24(c) of the Internal Revenue Code, provided that such child has not yet attained age six. (b) For taxable years beginning on or after January 1, 2026, a taxpayer shall be allowed a credit against the tax imposed by Code Section 48-7-20 in an amount equal to $250.00 for each qualifying child of the taxpayer. (c) In no event shall more than one taxpayer be allowed the tax credit granted under this Code section for the same qualifying child. In the case of parents or legal guardians who do not file income taxes jointly for any reason, the child shall be the qualifying child for only one parent or legal guardian, which shall be the parent or legal guardian who had custody of the qualifying child for more than one-half of the tax year in question; provided, however, that the noncustodial parent or legal guardian may claim the credit if:
(1) A court of competent jurisdiction has unconditionally awarded, in writing, the noncustodial parent or legal guardian the tax credit authorized under this Code section, and such parent or legal guardian attaches a copy of the court order with his or her tax return; or (2) The noncustodial parent or legal guardian attaches a copy of a written declaration made by the custodial parent or legal guardian of a qualifying child that he or she assigns the credit to the noncustodial parent or legal guardian and will not claim the credit allowed under this Code section with respect to such child for such tax year.

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(d) Notwithstanding the provisions of subsection (b) of this Code section, in the case of any taxable nonresident or part-year resident whose tax was prorated as provided by Code Section 48-7-85, the amount of the credit determined pursuant to such subsection shall be prorated based on the ratio of income taxable to this state as properly reported on Schedule 3, Line 9 of the Georgia Form 500 for the taxable year. (e) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall not be allowed to be carried forward to apply to the taxpayer's succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability. (f) The commissioner shall be authorized to promulgate rules and regulations necessary to implement and administer the provisions of this Code section."

SECTION 1-3. Said chapter is further amended by adding a new Code section to read as follows:
"48-7-29.28. (a) As used in this Code section, the term:
(1) 'Child care facility' means a child care learning center or family child care learning home that is permitted, licensed, or commissioned by the Department of Early Care and Learning pursuant to Chapter 1A of Title 20. (2) 'Eligible child care payments for employees' means payments:
(A) Made directly to a child care facility in the name and for the benefit of an employee whose child is enrolled in such facility and is under the age of six; (B) Which total at least $1,000.00 per taxable year for each employee for which such payments are made; and (C) That are made for an employee in addition to, and not in lieu of, any other compensation and benefits for such employee. (b) For taxable years beginning on or after January 1, 2026, a taxpayer shall be allowed a credit against the tax imposed under this article for eligible child care payments for employees in an amount: (1) Equal to $500.00 per child for which such payments are made per taxable year; or (2) Equal to $1,000.00 per child for which such payments are made if it is the first taxable year in which the taxpayer provided eligible child care payments for employees and prior to such taxable year the taxpayer did not pay for, reimburse for, or otherwise subsidize the costs of child care for employees. (c) The aggregate amount of tax credits allowed pursuant to this Code section shall not exceed $20 million per year. (d) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall not be allowed to be carried forward to apply to the taxpayer's succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability.

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(e) A taxpayer seeking to claim a tax credit pursuant to this Code section shall submit an application to the department for preapproval of such tax credit in the manner specified by the department. The department shall preapprove such application within 30 days based on the order in which properly completed applications were submitted. In the event that two or more applications were submitted on the same day and the amount of funds available will not be sufficient to fully fund the amount requested, the department shall prorate the available funds between or among the applicants. (f) The commissioner shall promulgate any rules and regulations necessary to implement and administer the provisions of this Code section. (g) This Code section shall stand repealed and reserved on December 31, 2030."

PART II SECTION 2-1.

Said chapter is further amended by revising Code Section 48-7-29.24, relating to tax credits for contributions to foster child support organizations, as follows:
"48-7-29.24. (a) As used in this Code section, the term:
(1) 'Aging foster children' means: (A) Foster children aged 16 through 18; and (B) Former foster children aged 16 through 25 who were in foster care for at least six months after reaching age 14.
(2) 'Aging-out program' means a program with the primary function of supporting aging foster children and justice involved youth. (2.1) 'Business enterprise' means any insurance company or the headquarters of any insurance company required to pay the tax provided for in Code Section 33-8-4. (3) 'Division' means the Division of Family and Children Services of the Department of Human Services. (4) 'Foster child support organization' means:
(A) The aging-out program of the Technical College System of Georgia Foundation; (B) The aging-out program of the University System of Georgia Foundation, provided that such program is certified by the Governor's Office of Planning and Budget as an aging-out program; or (C) Any domestic nonprofit corporation which maintains nonprofit status under Section 501(c)(3) of the Internal Revenue Code and tax exempt status under Code Section 48-7-25, that has the primary function of:
(i) Operating an aging-out program that primarily supports aging foster children or operating as or supporting a Georgia licensed child-placing agency or licensed child-caring institution; or (ii) Disbursing funds directly to one or more of the entities identified in subparagraphs (A) or (B) or division (C)(i) of this paragraph.

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(4.1) 'Justice involved youth' means youth aged 18 through 25 who: (A) Were previously or are currently committed to the Department of Juvenile Justice pursuant to a court order as authorized by paragraph (11) of subsection (a) of Code Section 15-11-601; and (B) As a result of such commitment, have been previously placed or are currently placed in a nonsecure facility or community setting.
(4.2) 'Mentorship services' means support services directly provided to an aging foster child or justice involved youth by a mentor, such as role modeling, informal counseling, guiding, motivating, and sharing time together. (5) 'Qualified contributions' means the preapproved contribution of funds made during the taxable year by a taxpayer or a business enterprise to a qualified organization under the terms and conditions of this Code section. (6) 'Qualified expenditures' means expenditures made by a qualified organization for the following purposes; provided, however, that such term shall not include any expenditures for which the qualified organization has received or is eligible to receive reimbursement from the division:
(A) The costs associated with tuition waivers granted pursuant to Code Section 20-3-660; (B) Wraparound services for aging foster children and justice involved youth who are:
(1) Enrolled in a public or private postsecondary educational institution; (2) Enrolled in a program to obtain a high school diploma or its equivalent; (3) Enrolled in a recognized vocational school; or (4) Participating in a registered apprenticeship program, provided that the participant and the organization for which the participant is an apprentice document that the participant is compliant with the rules of the apprenticeship program; or (C) Mentorship services provided to aging foster children and justice involved youth; provided, however, that such expenditures shall not include: (1) Compensation for a single mentor which exceeds $100.00 per month for an aging foster child or justice involved youth or $1,200.00 per year for any aging foster child or justice involved youth; or (2) Payments made to employees of a qualified organization who perform duties other than providing mentorship services for the organization. (7) 'Qualified organization' means a foster child support organization that has been certified and listed by the division pursuant to subsection (d) of this Code section. (8) 'Wraparound services' means services provided directly to aging foster children or justice involved youth to support their education through high school completion, vocational, and postsecondary education services, housing services, vocation services, medical services, counseling services, mentorship services, nutrition services, transportation services, daily living essentials and clothing, and up to $200.00 per month in direct cash payments for use on personal necessities.

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(b)(1) The aggregate amount of tax credits allowed under this Code section shall not exceed $20 million for calendar year 2025. For calendar years 2026 and after, the aggregate amount of tax credits allowed under this Code section shall not exceed $30 million per calendar year, and no more than $10 million of such aggregate amount shall be allowed for business enterprises. (2) Subject to the aggregate limit provided in paragraph (1) of this subsection and the limitations of subsections (b.1), (b.2), and (k) of this Code section, each:
(A) Taxpayer shall be allowed a credit against the tax imposed by this chapter for qualified contributions, as follows:
(i) In the case of a single individual or a head of household, the actual amount of qualified contributions made; (ii) In the case of a married couple filing a joint return, the actual amount of qualified contributions made; (iii) Anything to the contrary contained in division (i) or (ii) of this subparagraph notwithstanding, in the case of an individual taxpayer who is a member of a limited liability company duly formed under state law, a shareholder of a Subchapter 'S' corporation, or a partner in a partnership, the actual amount of qualified contributions it made; provided, however, that tax credits pursuant to this paragraph shall only be allowed for the portion of the income on which such tax was actually paid by such member of the limited liability company, shareholder of a Subchapter 'S' corporation, or partner in a partnership; or (iv) In the case of a corporation or other entity not provided for in divisions (i) through (iii) of this subparagraph, the actual amount of qualified contributions made; and (B) Business enterprise shall be allowed a credit against the tax imposed by Code Section 33-8-4 in an amount equal to its qualified contributions. (b.1) For the period beginning on January 1 and ending on June 30 of each year, a taxpayer shall not be allowed a credit for contributions, and the commissioner shall not preapprove any contributions, that exceed the following limits: (1) In the case of a single individual or a head of household, $2,500.00; (2) In the case of a married couple filing a joint return, $5,000.00; (3) In the case of an individual who is a member of a limited liability company duly formed under state law, a shareholder of a Subchapter 'S' corporation, or a partner in a partnership, $5,000.00; or (4) In the case of a corporation or other entity not provided for in paragraphs (1) through (3) of this subsection, 30 percent of such entity's income tax liability. (b.2) For the period beginning on July 1 and ending on December 31 of each year, to the extent that the aggregate amounts of tax credits authorized by subsection (b) of this Code section have not been reached, the commissioner shall preapprove, deny, or prorate additional requested amounts on a first come, first served basis and shall provide notice to such taxpayer and the qualified organization of such preapproval, denial, or proration.

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(b.3) A taxpayer that is preapproved for a tax credit allowed pursuant to this Code section and that does not make a qualified contribution of the total preapproved amount shall be allowed such credit in an amount not to exceed 95 percent of the amount of the qualified contribution actually made by the taxpayer. (c) The commissioner shall establish a page on the department's public website for the purpose of implementing this Code section. Such page shall contain, at a minimum:
(1) A link to the division's web based application for certification as a qualified organization as provided for in subsection (d) of this Code section; (2) The current list of all qualified organizations; (3) The total amount of tax credits remaining and available for preapproval for each year; (4) A web based method for taxpayers or business enterprises seeking the preapproval status for contributions; and (5) The information received by the department from each qualified organization pursuant to paragraph (1) of subsection (g) except for division (g)(1)(B)(iv) of this Code section. (d)(1) The division shall establish and maintain a web based application process for the purpose of certifying foster child support organizations as qualified organizations. At a minimum, such application created by the division shall include an agreement submitted by the applicant to fully comply with the terms and conditions of this Code section. (2) (A) Subject to the requirements of this subsection, the division shall certify any valid foster child support organization as a qualified organization upon successful completion of such application process and shall decertify an organization that fails to maintain the requirements to be a qualified organization or that the division determines to have violated any other law.
(B) For any foster child support organization that is not a Georgia licensed child-placing agency or licensed child-caring institution or that meets the definition of such term only as set forth in division (a)(4)(C)(ii) of this Code section to be certified as a qualified organization, such organization shall provide documentation demonstrating that for a period of at least two calendar years prior to the submission of its application, the organization has operated an aging-out program and, during that period, has provided services to at least 100 aging foster children or justice involved youth. (C) After receiving certification pursuant to this subsection, each qualified organization other than a Georgia licensed child-placing agency or licensed child-caring institution shall annually demonstrate to the division's satisfaction that it continues to maintain the requirements to be a qualified organization, and shall annually submit to the division a copy of such organization's most recent annual audit. (3) The division shall certify any foster child support organization operating as a Georgia licensed child-placing agency or licensed child-caring institution as a qualified organization within ten days of receipt of a written request or application.

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(4) The division shall establish a process for rolling applications and certifications consistent with the requirements of this Code section. (e)(1) Prior to making a contribution to any qualified organization, the taxpayer or business enterprise shall electronically notify the department, in a manner specified by the commissioner, of the total amount of contribution that such taxpayer or business enterprise intends to make to such qualified organization. (2) Within 30 days after receiving a request for preapproval of contributions, the commissioner shall preapprove, deny, or prorate requested amounts on a first come, first served basis and shall provide notice to such taxpayer or business enterprise and the qualified organization of such preapproval, denial, or proration. Such notices shall not require any signed release or notarized approval by the taxpayer or business enterprise. The preapproval of contributions by the commissioner shall be based solely on the availability of tax credits subject to the aggregate total limit established under paragraph (1) of subsection (b) of this Code section. (3) Within 60 days after receiving the preapproval notice issued by the commissioner pursuant to paragraph (2) of this subsection, the taxpayer or business enterprise shall contribute the preapproved amount to the qualified organization or such preapproved contribution amount shall expire. The commissioner shall not include such expired amounts in determining the remaining amount available under the aggregate limit for the respective calendar year. (f)(1) Each qualified organization shall issue to each contributor a letter of confirmation of contribution, which shall include the taxpayer's or business enterprise's name, address, tax identification number, the amount of the qualified contribution, the date of the qualified contribution, and the total amount of the credit allowed to the taxpayer or business enterprise.
(2)(A) In order for a taxpayer or business enterprise to claim the tax credit allowed under this Code section, all such applicable letters as provided for in paragraph (1) of this subsection shall be attached to the taxpayer's tax return or a business enterprise's tax return provided for in Code Section 33-8-6. (B) If the taxpayer files an electronic return, such confirmation shall only be required to be electronically attached to the return if the Internal Revenue Service allows such attachments to be affixed and transmitted to the department. In any such event, the taxpayer shall maintain such confirmation and such confirmation shall only be made available to the commissioner upon request. (C) With respect to a business enterprise's tax return provided for in Code Section 33-8-6, the Commissioner of Insurance is authorized to promulgate rules and regulations regarding the manner in which such letters of confirmation of donations shall be filed in the case of tax returns filed electronically. (3) The commissioner shall allow tax credits for any preapproved contributions made to a qualified organization at the time the contributions were made if such organization was

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a qualified organization at the time of the commissioner's preapproval of the contributions and the taxpayer or business enterprise has otherwise complied with this Code section. (g)(1) Each qualified organization shall annually submit to the department no later than July 15 of each year:
(A) A complete copy of its IRS Form 990 including applicable attachments, or for any qualified organization that is not required by federal law to file an IRS Form 990, such organization shall submit to the commissioner equivalent information on a form prescribed by the commissioner; provided, however, that, if the organization's IRS Form 990 is not prepared by the filing deadline, the organization shall provide such form at the same time it submits such form to the Internal Revenue Service; and (B) A report detailing the contributions received during the calendar year pursuant to this Code section on a date determined by, and on a form provided by, the commissioner which shall include:
(i) The total number and dollar value of individual contributions and tax credits approved. Individual contributions shall include contributions made by those filing income tax returns as a single individual or head of household and those filing joint returns; (ii) The total number and dollar value of corporate contributions and tax credits approved; (iii) The total number and dollar value of all qualified expenditures made; (iv) A list of contributors, including the dollar value of each contribution and the dollar value of each approved tax credit; and (v) An accounting of the funds withheld from qualified contributions demonstrating that no more than 20 percent of such funds were withheld from qualified expenditures, as required by subparagraph (j)(1)(A) of this Code section. (2) Except for the information published in accordance with subsection (c) of this Code section, all information or reports relative to this Code section that were provided by qualified organizations to the department shall be confidential taxpayer information, governed by Code Sections 48-2-15, 48-7-60, and 48-7-61, whether such information relates to the contributor or the qualified organization. (h) By April 1 of each year, each qualified organization shall post on its public website in a prominent place: (1) A copy of its prior year's annual financials containing the total amount of funds received from all sources relative to the amount of qualified contributions it received and the total amount and a description of how such contributions were utilized; and (2) A certification, signed by the chief executive officer of the qualified organization and attested to by an independent accounting firm, which substantially complies with the following statement: 'I hereby certify that: (A) The organization has materially complied with the requirements of subparagraph (j)(1)(A) of O.C.G.A. Section 48-7-29.24 in that no more than 20 percent

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of qualified contributions received by [the qualified organization] were retained by, withheld by, or otherwise paid to the organization; and (B) The description of how [the qualified organization] utilized the qualified contributions is true and correct.' (i)(1) A taxpayer or business enterprise shall not be allowed to designate or direct the taxpayer's or business enterprise's qualified contributions to any particular purpose or for the direct benefit of any particular individual. (2) A taxpayer or business enterprise that operates, owns, or is a subsidiary of an association, organization, or other entity that contracts directly with a qualified organization shall not be eligible for tax credits allowed under this Code section for contributions made to such qualified organization. (3) In soliciting contributions, no person shall represent or direct that, in exchange for making qualified contributions to any qualified organization, a taxpayer or business enterprise shall receive any direct or particular benefit. The status as a qualified organization shall be revoked for any qualified organization determined to be in violation of this paragraph and shall not be renewed for at least two years. (j)(1)(A) Each qualified organization shall use at least 80 percent of the funds received by it from qualified contributions to make qualified expenditures. Each qualified organization shall maintain accurate and current records of all expenditures of such funds and provide such records to the commissioner upon his or her request. In no event shall a qualified organization retain for its own use or apply to its overhead or administrative expenses more than 20 percent of the funds received pursuant to this Code section. (B) No foster child support organization that meets only the definition of such term as provided in division (a)(4)(C)(ii) of this Code section shall retain more than 2.5 percent of qualified contributions for itself for any reason and shall only serve to pass all of its qualified contributions to one or more qualified organizations that are foster child support organizations as such term is defined in subparagraphs (a)(4)(A), (a)(4)(B), or division (a)(4)(C)(i) of this Code section. (2) A qualified organization that fails to comply with any of the requirements under this Code section shall be given written notice by the department of such failure to comply by certified mail and shall have 90 days from the receipt of such notice to correct all deficiencies. (3) Upon failure to correct all deficiencies within 90 days, the department shall revoke the foster child support organization's status as a qualified organization and such entity shall be immediately removed from the department's list of organizations. All applications for preapproval of tax credits for contributions to such foster child support organization under this Code section made on or after the date of such removal shall be rejected. (4) Each foster child support organization that has had its status revoked and has been delisted pursuant to this Code section, shall immediately cease all expenditures of funds

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received relative to this Code section, and shall transfer all of such funds that are not yet expended, to a properly operating qualified organization within 30 calendar days of its removal from the department's list of qualified organizations. (k)(1) No credit shall be allowed under this Code section to a taxpayer for any amount of qualified contributions that were utilized as deductions or exemptions from taxable income. (2) In no event shall the total amount of the tax credit used under this Code section for a taxable year exceed the taxpayer's income tax liability or the business enterprise's state tax liability owed pursuant to Code Section 33-8-4. Any unused tax credit shall be allowed the taxpayer or business enterprise against the succeeding three years' tax liability. No such credit shall be allowed the taxpayer or business enterprise against prior years' tax liability. (l) The chairperson of the House Appropriations Committee and the chairperson of the Senate Committee on Appropriations shall have the authority to request an audit concerning this Code section as a whole or of any one or more qualified organizations. The commissioner, the state auditor, each qualified organization, each aging-out program, and the director of the division shall cooperate to the full extent necessary to conduct such audits. (m) At the discretion of the commissioner or the director of the division, any suspected misuse of funds contributed or expended pursuant to this Code section shall be forwarded to the Attorney General for investigation and prosecution. (n) The commissioner shall promulgate rules and regulations necessary to implement and administer the provisions of this Code section."

SECTION 2-2. Said chapter is further amended in Code Section 48-7-60, relating to confidentiality of tax information, exceptions, authorized inspection by certain officials, furnishing information to local tax authorities, furnishing information to nonofficials, conditions, and effect of Code section, by adding a new subsection to read as follows:
"(d.1) The commissioner shall be authorized in his or her sole discretion to share information necessary to efficiently administer and enforce the provisions of this chapter for the purpose of tax credit administration when another state agency has statutory authority to administer such tax credits. Any confidential information furnished pursuant to this Code section shall retain its character as confidential and privileged information. Any person who divulges confidential information obtained pursuant to this Code section shall be subject to the same penalties as provided under Code Section 48-7-61 for unlawful divulgence of confidential taxpayer information."

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PART III SECTION 3-1.

(a) This Act shall become effective on July 1, 2025, and, except as provided in subsection (b) of this section, shall be applicable to all taxable years beginning on or after January 1, 2026. (b) Section 1-1 of this Act shall be applicable to all taxable years beginning on or after January 1, 2025.

SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2025.

__________

INSURANCE COVERAGE FOR MEDICALLY NECESSARY ORTHOTIC DEVICES AND PROSTHETIC DEVICES; REQUIRE.

No. 183 (Senate Bill No. 101).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require certain health benefit policy coverage for medically necessary orthotic devices and prosthetic devices and their materials and components; to provide for definitions; to provide for requirements; to provide for reporting; to provide for rules and regulations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Chapter 24, relating to insurance generally, by adding a new Code section to read as follows:
"33-24-59.34. (a) As used in this Code section, the term:
(1) 'Cost-sharing requirement' shall have the same meaning as set forth in Code Section 33-24-59.32. (2) 'Covered person' means an individual covered under a health benefit policy.

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(3) 'Health benefit policy' means any individual or group plan, policy, or contract for healthcare services issued, delivered, issued for delivery, or renewed in this state by an insurer that provides major medical benefits. Such term shall not include any plans, policies, or contracts executed by the state on behalf of state employees under Article 1 of Chapter 18 of Title 45 and shall not apply to the provision of healthcare services pursuant to a contract entered into by an insurer and the Department of Community Health for recipients of Medicaid. Such term shall not include self-funded, employer sponsored health insurance plans subject to the exclusive jurisdiction of the federal Employee Retirement Income Security Act of 1974, as codified and amended at 29 U.S.C. Section 1001, et seq. (4) 'Health insurer' means any person, corporation, or other entity authorized to provide health benefit policies under this title. (5) 'Medically necessary' shall have the same meaning as set forth in Code Section 33-46-4 and shall be in accordance with nationally recognized clinical practice guidelines. (6) 'Nationally recognized clinical practice guidelines' means evidence based clinical practice guidelines developed by independent organizations or medical professional societies utilizing a transparent methodology and reporting structure and with a conflict of interest policy. Such guidelines establish standards of care informed by a systematic review of evidence and an assessment of the benefits and risks of alternative care options and include recommendations intended to optimize patient care. (7) 'Orthotic device' or 'orthosis' means a custom fabricated or custom fitted device that is designed, fabricated, modified, or fitted to correct, support, or compensate for a neuromusculoskeletal disorder or acquired condition for the purpose of stabilizing, stretching, or immobilizing a body part, improving alignment, preventing deformities, protecting against injury, or assisting with motion or function, and is worn on the outside of the body to help with such structural or functional problems. Such term does not include fabric or elastic supports, corsets, arch supports, low-temperature plastic splints, trusses, elastic hoses, canes, crutches, soft cervical collars, dental appliances, or other similar devices that are carried in stock and sold as over-the-counter items by a drug store, department store, corset shop, or surgical supply facility. (8) 'Prosthetic device' or 'prosthesis' means a custom designed, fabricated, fitted, modified, or fitted and modified device to replace an absent external body part for purposes of restoring physiological function or cosmesis or both. Such term does not include artificial eyes or ears; dental appliances; cosmetic devices such as artificial breasts, eyelashes, or wigs; or other devices that do not have a significant impact on mobility or the musculoskeletal functions of the body. (b) All health benefit policies renewed or issued on or after January 1, 2026, shall include coverage for orthotic devices and prosthetic devices that are medically necessary for: (1) Activities of daily living; (2) Essential job related activities;

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(3) Personal hygiene related activities, including, but not limited to, showering, bathing, and toileting; or (4) Physical activities, including, but not limited to, running, biking, swimming, and strength training, so as to maximize the covered person's whole body health and both upper and lower limb function. (c) The coverage provided for in this Code section shall include no more than three orthotic devices or prosthetic devices per affected limb per covered person during any three-year period. Such coverage shall include: (1) All materials and components for the use of the orthotic device or prosthetic device, including:
(A) The orthosis or prosthesis; (B) Structural components such as the socket; (C) Suspension mechanisms such as the pin, lock, suction, and elevated vacuum; (D) Hip joint, knee joint, foot, alignable parts, and terminal device; (E) Connective components such as pads, bands, and cushions; and (F) Consumable items such as socks, sleeves, and liners; (2) Formulation of the device's design, fabrication, measurements and fittings; (3) Education and training on using and maintaining such device; and (4) The repair of such device and its components. (d)(1) The replacement of an orthotic device or prosthetic device and its materials and components when such device is less than three years old shall be medically necessary if there is adequate documentation of a change in the physiological condition of the covered person, an irreparable change in the condition of the device or any of its components, or the condition of the device or a component of the device requires repairs and the cost of such repairs would be more than 60 percent of the cost of the device. (2) A socket replacement shall be medically necessary if there is adequate documentation of a physiological need, including, but not limited to, a change in the residual limb, a functional need change, irreparable damage, or wear and tear due to excessive weight of a covered person or physical demands of an active covered person. (e) A health insurer shall not be required to replace or repair an orthotic device or prosthetic device due to misuse, malicious damage, gross neglect, loss, or theft. (f) The coverage provided for in this Code section: (1) Shall be considered as habilitative or rehabilitative benefits for purposes of any state or federal requirements for coverage of essential health benefits; (2) Shall be comparable to coverage for other medical and surgical benefits under the health benefit policy, including restorative internal devices; (3) May be subject to the same cost-sharing requirements that apply to other medical devices and services covered by the health benefit policy; provided, however, that such requirements shall not be solely applicable to such coverage; and (4) May be limited, or the cost-sharing requirements for such coverage may be altered for out-of-network providers; provided, however, that any limitations shall not be more

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restrictive than the restrictions and requirements applicable to the out-of-network coverage for the policy's medical or surgical coverage. (g) Nothing in this Code section shall be construed to prohibit a health insurer from issuing or renewing a health benefit policy which provides benefits greater than the minimum benefits required under this Code section or from issuing or renewing a policy which provides benefits which are generally more favorable to the covered person than those required under this Code section. (h) By July 1, 2032, the Commissioner shall submit a report to the House Committee on Insurance and the Senate Insurance and Labor Committee regarding the implementation of the coverage required under this Code section. All health insurers issuing or renewing health benefit policies subject to the provisions of this Code section shall provide the department with all data requested by the department for inclusion in such report, including, but limited to, the total number of claims submitted, the total number of claims paid, and the total amount of claims paid for the coverage provided for by this Code section for policy years from 2026 to 2030. (i) The Commissioner shall promulgate rules and regulations necessary to implement the provisions of this Code section."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2025.

__________

HEALTH "ANDEE'S LAW"; ENACT.

No. 184 (Senate Bill No. 100).

AN ACT

To amend Code Section 31-10-14 of the Official Code of Georgia Annotated, relating to issuance of a new birth certificate following adoption and legitimation or paternity determination, so as to provide for the issuance of a copy of the original birth certificate to certain adult persons who were adopted; to provide for a fee; to provide for the form of such copy; to standardize terminology relating to birth certificates; to provide for a short title; 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. This Act shall be known and may be cited as "Andee's Law."

SECTION 2. Code Section 31-10-14 of the Official Code of Georgia Annotated, relating to issuance of a new birth certificate following adoption and legitimation or paternity determination, is amended by adding a new subsection to read as follows:
"(h)(1) Notwithstanding any other provision of this Code section or any other provision of law, any person who is 18 years of age or older who was born in this state and for whom a new birth certificate was established pursuant to paragraph (1) of subsection (a) of this Code section may request and receive a copy of his or her original birth certificate by complying with the provisions of this subsection. The state registrar shall require a person seeking an original birth certificate to pay the fee for a birth certificate as prescribed pursuant to Code Section 31-10-27. The copy of the original birth certificate shall be in a form that clearly indicates it is not a certified copy and that it may not be used for legal purposes. (2) If the person who was born in this state and for whom a new birth certificate was established pursuant to paragraph (1) of subsection (a) of this Code section is deceased, any parent, sibling, or descendant of that person may receive a copy of the decedent's original birth certificate pursuant to the procedures contained in this subsection. (3) This subsection shall apply to all applications for original birth certificates for adopted persons presented to the state registrar on or after July 1, 2025."

SECTION 3. The Official Code of Georgia Annotated is amended by replacing "certificate of birth" and "certificates of birth" wherever either such term occurs with "birth certificate" and "birth certificates", respectively, in:
(1) Code Section 19-3-36, relating to proof of age of applicants for marriage license; (2) Code Section 19-7-46.1, relating to effect of father's name or social security number on records as evidence of paternity; (3) Code Section 31-10-1, relating to definitions relative to vital records, in paragraph (14); (4) Code Section 31-10-6, relating to local registrars, local custodians, special abstracting agents, and deputies; (5) Code Section 31-10-8, relating to certification to county treasurers of birth and death certificates and spontaneous fetal death reports; (6) Code Section 31-10-9, relating to registration of births; (7) Code Section 31-10-9.1, relating to social security account information of parents;

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(8) Code Section 31-10-10, relating to registration of live born infants of unknown parentage; (9) Code Section 31-10-11, relating to registration of delayed certificate of birth; (10) Code Section 31-10-12, relating to judicial procedure to establish facts of birth; (11) Code Section 31-10-13, relating to certificates of adoption; (12) Code Section 31-10-14, relating to issuance of new certificate of birth following adoption and legitimation or paternity determination; (13) Code Section 31-10-23, relating to amendment of certificates or reports; (14) Code Section 31-10-26, relating to issuance of certified copies of vital records, voluntary acknowledgments of paternity, and voluntary acknowledgments of legitimation; (15) Code Section 31-10-28, relating to institutions to keep vital records; (16) Code Section 31-10-31, relating to penalties; and (17) Code Section 31-10-33, relating to procedure for stillbirth.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2025.

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HEALTH MEDICAL EDUCATION FUNDING AND THE SERVICE CANCELABLE LOAN PROGRAM; EXPAND.

No. 185 (Senate Bill No. 130).

AN ACT

To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to expand medical education funding and the service cancelable loan program; to revise definitions; to provide for medical education funding to certain medical organizations facilities; to provide for a physician in certain residency or fellowship programs to be eligible for the service cancelable loan program; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising Code Section 31-7-95, relating to funding of medical education provided by hospital authorities and designated teaching hospitals, as follows:
"31-7-95. (a) As used in this Code section, the term:
(1) 'Designated institution' means either: (A) A teaching hospital operated by other than a hospital authority, which hospital agrees to contract with the state to offer or continue to offer a residency or fellowship program approved by the Accreditation Council for Graduate Medical Education (ACGME), which program has at least one ACGME accredited residency program, excluding any stand-alone fellowship program, and which hospital operates a 24 hour, seven-day-per-week emergency room open to the public and which hospital files a semiannual statistical report consistent with those filed by other state funded tertiary, neonatal, obstetrical centers with the Department of Community Health; or (B) A medical facility that has a certification number assigned by the federal Centers for Medicare and Medicaid Services to health care providers participating in the medicare and Georgia Medicaid programs and that agrees to contract with the state to offer or continue to offer a residency or fellowship program approved by the ACGME, which program has at least one ACGME accredited residency or fellowship program.
(1.1) 'Fellow' means a physician receiving medical education and training at an ACGME accredited fellowship program through a teaching hospital operated by a hospital authority or designated institution. (2) 'Hospital authority' means a hospital authority operating a teaching hospital which offers a residency or fellowship program approved by the Accreditation Council for Graduate Medical Education. (3) 'Resident' means a physician receiving medical education and training at an ACGME accredited residency program through a teaching hospital operated by a hospital authority or designated institution. (b) The General Assembly finds that the major hospital authorities and designated institutions in this state provide a valuable service benefiting the entire state by operating teaching hospitals and medical facilities which provide necessary medical education and training for physicians; this service is provided through residency and fellowship programs offered by these teaching hospitals and medical facilities. By the provision of residency and fellowship programs operated by state teaching hospitals, the state has recognized its responsibility to fund the cost of training physicians; and it is the purpose of this Code section to recognize that the state has a similar responsibility when the medical education and training are provided by teaching hospitals operated by hospital authorities or by designated institutions. (c) For each resident or fellow receiving medical education and training through a teaching hospital operated by a hospital authority or designated institution, the Department of

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Community Health shall pay no more than $10,000.00 per annum to the hospital authority or designated institution. Such payments shall be made based upon certifications by the hospital authorities or designated institutions to the Department of Community Health. The Department of Community Health is authorized to designate the Georgia Board of Health Care Workforce to promulgate rules and regulations specifying procedures for making the certifications provided for in this Code section and to establish a procedure for making payments to hospital authorities and designated institutions as provided in this Code section. (d) The funds necessary to carry out this Code section shall derive from funds appropriated for such purpose to the Department of Community Health. In the event the funds appropriated by the General Assembly are insufficient to fund the full amount payable to hospital authorities or designated institutions under subsection (c) of this Code section, the amount otherwise payable thereunder shall be reduced pro rata in accordance with the funds actually appropriated for such purpose. The Department of Community Health shall have the authority to promulgate rules and regulations to carry out the provisions of this Code section. No additional teaching hospitals or designated institutions shall be added until such funds have been made available for any additional teaching hospitals or designated institutions. (e) Nothing in this Code section shall be construed to amend, modify, supersede, or repeal Chapter 10 of Title 49."

SECTION 2. Said title is further amended by revising Code Section 31-34-2, relating to purpose and intent of article, as follows:
"31-34-2. It is the purpose of this article to increase the number of physicians, dentists, physician assistants, and advanced practice registered nurses in underserved rural areas of Georgia by making loans to physicians, dentists, physician assistants, and advanced practice registered nurses who have completed their medical or health care education, to physicians in residency or fellowship programs, and to dental students and allowing such loans to be repaid by such physicians, dentists, physician assistants, advanced practice registered nurses, resident physicians, fellowship physicians, and dental students agreeing to practice medicine or provide health care services in such rural areas and by making grants to hospitals and, as determined by the Georgia Board of Health Care Workforce, other health care entities, local governments, and civic organizations in underserved rural areas of Georgia that agree to provide matching funds to the grant, with the intent to enhance recruitment efforts in bringing physicians, dentists, physician assistants, and advanced practice registered nurses to such areas. It is the intent of the General Assembly that if funds are available to the Georgia Board of Health Care Workforce to make loans, grants, or scholarships under this article or under other applicable state law, the Georgia Board of

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Health Care Workforce shall give priority to loans and scholarships under Part 6 of Article 7 of Chapter 3 of Title 20 and to loans under Code Section 31-34-4."

SECTION 3. Said title is further amended by revising subsection (a) of Code Section 31-34-4, relating to loan applicant qualifications and rules and regulations, as follows:
"(a)(1) A physician, dentist, physician assistant, or advanced practice registered nurse who receives a loan under the program provided for in this article shall be a citizen or national of the United States licensed to practice his or her health care profession within the State of Georgia at the time the loan is made, and shall be a graduate of an accredited graduate medical education program or other applicable accredited health care education program located in the United States which has received accreditation or provisional accreditation by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association or such other applicable accreditation for other health care education programs, as determined by the board. (2) A resident physician or fellowship physician who receives a loan under the program provided for in this article shall be a citizen or national of the United States and shall be a resident physician or fellowship physician in an ACGME accredited program. (3) A dental student who receives a loan under the program provided for in this article shall be a citizen or national of the United States and shall be actively enrolled as a fourth-year student in an accredited dental education program located in the United States."

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2025.

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DOMESTIC RELATIONS GRANDPARENTS; INCLUDE WITHIN THE CATEGORY OF PERSONS WHO MAY SEEK TO REVOKE
OR AMEND AN EXISTING GRANDPARENT VISITATION ORDER.

No. 186 (Senate Bill No. 245).

AN ACT

To amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to actions by grandparents or other family members for visitation rights or intervention, revocation or amendment of visitation rights, appointment of guardian ad litem, meditation, hearing, and

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notification to family members of child's participation in events, so as to provide for the revocation or amendment of grandparent visitation rights in cases where the parent of a minor child is deceased, incapacitated, or incarcerated; 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 19-7-3 of the Official Code of Georgia Annotated, relating to actions by grandparents or other family members for visitation rights or intervention, revocation or amendment of visitation rights, appointment of guardian ad litem, meditation, hearing, and notification to family members of child's participation in events, is amended by revising subsections (c) and (d) as follows:
"(c)(1) Upon the filing of an original action or upon intervention in an existing proceeding under subsection (b) of this Code section, the court may grant any family member of the child reasonable visitation rights if the court finds by clear and convincing evidence that the health or welfare of the child would be harmed unless such visitation is granted and if the best interests of the child would be served by such visitation. The mere absence of an opportunity for a child to develop a relationship with a family member shall not be considered as harming the health or welfare of the child when there is no substantial preexisting relationship between the child and such family member. In considering whether the health or welfare of the child would be harmed without such visitation, the court shall consider and may find that harm to the child is reasonably likely to result when, prior to the original action or intervention:
(A) The minor child resided with the family member for six months or more; (B) The family member provided financial support for the basic needs of the child for at least one year; (C) There was an established pattern of regular visitation with the child by the family member or child care provided by the family member for the child; or (D) Any other circumstance exists indicating that emotional or physical harm would be reasonably likely to result if such visitation is not granted. The court shall make specific written findings of fact in support of its rulings. (2) An original action requesting visitation rights shall not be filed by any grandparent more than once during any two-year period and shall not be filed during any year in which another custody action has been filed concerning the child. After visitation rights have been granted to any grandparent, the legal custodian, guardian, or parent of the child may petition the court for revocation or amendment of such visitation rights for good cause shown, which the court, in its discretion, may grant or deny; provided, however, that such a petition shall not be filed more than once during any two-year period. (3) While a parent's decision regarding family member visitation shall be given deference by the court, the parent's decision shall not be conclusive when failure to

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provide family member contact would result in emotional harm to the child. A court may presume that a child who is denied any contact with his or her family member or who is not provided some minimal opportunity for contact with his or her family member when there is a preexisting relationship between the child and such family member may suffer emotional injury that is harmful to such child's health. Such presumption shall be a rebuttable presumption. (4) In no case shall the granting of visitation rights to a family member interfere with a child's school or regularly scheduled extracurricular activities. (5) Visitation time awarded to a family member shall not be less than 24 hours in any one-month period; provided, however, that when more than one individual seeks visitation under this Code section, the court shall determine the amount of time to award to each petitioner which shall not be less than 24 hours in any one-month period in the aggregate. (d)(1) Notwithstanding the provisions of subsections (b) and (c) of this Code section, if one of the parents of a minor child dies, is incapacitated, or is incarcerated, the court may award the parent of the deceased, incapacitated, or incarcerated parent of such minor child reasonable visitation to such child during his or her minority if the court finds by clear and convincing evidence that the health or welfare of the child would be harmed unless such visitation is granted and if the best interests of the child would be served by such visitation. After such visitation rights have been granted to any parent of the deceased, incapacitated, or incarcerated parent of the minor child, such parent may petition the court for revocation or amendment of such visitation rights for good cause shown, which the court, in its discretion, may grant or deny; provided, however, that such a petition shall not be filed more than once during any two-year period. The mere absence of an opportunity for a child to develop a relationship with a grandparent shall not be considered as harming the health or welfare of the child when there is no substantial preexisting relationship between the child and such grandparent. The custodial parent's judgment as to the best interests of the child regarding visitation shall be given deference by the court but shall not be conclusive. In considering whether the health or welfare of the child would be harmed without such visitation, the court shall consider and may find that harm to the child is reasonably likely to result when, prior to the death, incapacitation, or incarceration of the child's parent:
(A) The minor child resided with the grandparent for six months or more; (B) The grandparent provided financial support for the basic needs of the child for at least one year; (C) There was an established pattern of regular visitation or child care by the grandparent with the child; or (D) Any other circumstance exists indicating that emotional or physical harm would be reasonably likely to result if such visitation is not granted. The court shall make specific written findings of fact in support of its rulings.

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(2) While a custodial parent's decision regarding grandparent visitation shall be given deference by the court, the parent's decision shall not be conclusive when failure to provide grandparent contact would result in emotional harm to the child. A court may presume that a child who is denied any contact with his or her grandparent or who is not provided some minimal opportunity for contact with his or her grandparent when there is a preexisting relationship between the child and such grandparent may suffer emotional injury that is harmful to such child's health. Such presumption shall be a rebuttable presumption."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2025.

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MOTOR VEHICLES AND TRAFFIC SPECIAL LICENSE PLATES; SUPPORT STATE PARKS AND HISTORIC SITES; ESTABLISH.

No. 187 (House Bill No. 208).

AN ACT

To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for the issuance of two free license plates for veterans who are totally disabled or disabled; to provide for application; to provide for conforming changes; to establish a specialty license plate honoring the Shepherd Center; to establish a specialty license plate benefiting the Georgia Veterans Service Foundation; to establish a specialty license plate honoring Southern University Alumni; to establish a specialty license plate honoring Delta Sigma Theta Sorority, Inc.; to establish a specialty license plate honoring alumni of Alabama State University; to establish a specialty license plate supporting the state parks and historic sites division of the Department of Natural Resources; to establish a specialty license plate promoting conservation and enhancement of black bass populations; to provide for related matters; to provide for effective dates; to provide for compliance with constitutional requirements; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by revising Code Section 40-2-69, relating to license plates for veterans qualifying as totally disabled, as follows:
"40-2-69. (a) As used in this Code section, the term 'totally disabled veteran' means an individual who qualifies as a disabled veteran pursuant to paragraph (1) of subsection (a) of Code Section 48-5-48. (b) Any totally disabled veteran shall, upon proper application therefor, be issued free motor vehicle license plates for up to two motorcycles or passenger cars for personal use registered pursuant to this chapter in his or her name upon presentation of proof that he or she qualifies as a totally disabled veteran. A totally disabled veteran applying for license plates pursuant to this Code section shall furnish proof of such disability through a letter from the United States Department of Veterans Affairs.
(c)(1) Once a totally disabled veteran has established his or her eligibility to receive free motor vehicle license plates pursuant to this Code section, he or she shall be entitled to receive free license plates or free revalidation decals in succeeding years for up to two motorcycles or passenger cars for personal use registered pursuant to this chapter that he or she may own or jointly with his or her spouse or minor child own or acquire in the future.
(2)(A) Up to two license plates or revalidation decals each year shall be furnished for motor vehicles other than motorcycles to totally disabled veterans qualifying under this Code section unless the originals are lost. Such license plate shall be fastened to the rear of the motor vehicle. (B) Up to two license plates or revalidation decals each year shall be furnished for motorcycles to totally disabled veterans qualifying under this Code section unless the original is lost. Such license plate shall be fastened to the rear of the motor vehicle. (3) In the event of the death of the person who received the special license plates pursuant to this Code section, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, his or her unremarried surviving spouse or minor child may continue to receive the free special license plates authorized by this Code section and revalidation decals until the remarriage of the surviving spouse or death of the surviving spouse or minor child."

SECTION 2. Said article is further amended by revising Code Section 40-2-70, relating to license plates for veterans not qualifying as totally disabled, as follows:
"40-2-70. (a) Any citizen and resident of this state who has been discharged from the armed forces under conditions other than dishonorable or who is currently serving in the armed forces,

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who is disabled but does not qualify as totally disabled pursuant to paragraph (1) of subsection (a) of Code Section 48-5-48 for purposes of qualification for a license plate issued pursuant to Code Section 40-2-69, shall be entitled to special and distinctive license plates for up to two motorcycles or passenger cars for personal use registered pursuant to this chapter in his or her name. Such license plates shall be transferred to another vehicle 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 license plates issued pursuant to this Code section regardless of whether he or she is suffering from a service connected or nonservice connected disability. (b) Upon proper application and compliance with the state motor vehicle laws for licensing of motor vehicles and without payment of the regular license fee for plates as prescribed under Article 7 of this chapter, a disabled veteran who does not qualify for license plates pursuant to Code Section 40-2-69 shall be issued similar license plates as prescribed in Code Section 40-2-71 for up to two motorcycles or passenger cars for personal use. There shall be no charge for revalidation decals for license plates issued pursuant to this Code section. (c) For purposes of applying for license plates issued pursuant to this Code section, a veteran who has not been certified as disabled by the United States Department of Veterans Affairs 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. If the certificate from the physician indicates the qualifying disabilities meet the standards of the United States Department of Veterans Affairs, the commissioner of veterans service shall submit a letter to the state revenue commissioner indicating that the veteran meets the requirements of this Code section and qualifies for special license plates as provided in this Code section. (d) Once a disabled veteran has established his or her eligibility to receive free motor vehicle license plates pursuant to this Code section but his or her disability has not been determined to be a permanent disability, he or she shall be entitled to receive free license plates or free revalidation decals in succeeding years upon furnishing, on an annual basis, proof of his or her status as a disabled veteran through a letter from the United States Department of Veterans Affairs. Such free license plates or free revalidation decals shall be for up to two motorcycles or passenger cars for personal use registered pursuant to this chapter that he or she may own or jointly with his or her spouse or minor child own or acquire in the future."

SECTION 3. Said article is further amended by revising Code Section 40-2-71, relating to design of disabled veteran license plates and restrictions on issuance and transfer, as follows:
"40-2-71. (a) The commissioner is directed to furnish the license plates provided for in Code Sections 40-2-69 and 40-2-70. Such plates shall be printed in three colors: red, white, and

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blue. The commissioner is authorized and directed to design the license plate. Each license plate shall contain, in bold characters, the name of the state, or abbreviation thereof, the year, the serial number, either the words 'Disabled Veteran' or 'Disabled Vet,' and an image of the International Symbol of Access which is at least one inch in height and is white on a blue background. (b) No disabled veteran shall be entitled to own or operate more than two vehicles with the free license plates provided by Code Sections 40-2-69, 40-2-70, and this Code section."

SECTION 4. Said article is further amended in Code Section 40-2-86, relating to special license plates promoting or supporting certain worthy agencies, funds, or nonprofit corporations with proceeds disbursed to the general fund and the agency, fund, or nonprofit corporation, by adding a new paragraph to subsection (l) to read as follows:
"(71) A special license plate honoring the Shepherd Center. The funds raised by the sale of this special license plate shall be disbursed to Shepherd Center, Inc."

SECTION 5. Said article is further amended in said Code section by adding new paragraphs to subsections (l), (m), and (n) to read as follows:
"(72) A special license plate honoring Georgia veterans and their families. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Veterans Service Foundation. (73) A special license plate honoring Southern University Alumni. The funds raised by the sale of this special license plate shall be disbursed to the Atlanta Metropolitan Chapter of Southern University Alumni Federation of Georgia, Inc. (74) A special license plate honoring Delta Sigma Theta Sorority, Inc. The funds raised by the sale of this special license plate shall be disbursed to the Delta Life Development Center. (75) A special license plate honoring alumni of Alabama State University. The funds raised by the sale of this special license plate shall be disbursed to the Alabama State University Metro Atlanta Alumni Chapter." "(18) A special license plate to support the state parks and historic sites division of the Department of Natural Resources in its protection, management, and maintenance of this state's natural, historical, and cultural resources while providing opportunities for public enjoyment and education. The funds raised by the sale of this special license plate shall be disbursed to the Department of Natural Resources for use by the state parks and historic sites division for the purposes provided for in this paragraph. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Georgia State Parks' in lieu of the name of the county of issuance." "(10) A special license plate promoting conservation and enhancement of black bass populations. The funds raised by the sale of this special license plate shall be disbursed

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to the Georgia Natural Resources Foundation to supplement black bass research, restoration, habitat improvement, stocking, and other management programs."

SECTION 6. In accordance with the requirements of Article III, Section IX, Paragraph VI(n) of the Constitution of the State of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority vote in both the Senate and the House of Representatives.

SECTION 7. (a) Except as otherwise provided for in subsection (b) of this section, this Act shall become effective on July 1, 2025. (b) Sections 1, 2, 3, and 5 of this Act shall become effective on January 1, 2026.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2025.

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REVENUE AND TAXATION MOTOR FUEL TAX ELECTRICITY DELIVERED BY CERTAIN ELECTRIC VEHICLE CHARGING STATIONS; PROVIDE EXCEPTION.

No. 188 (House Bill No. 652).

AN ACT

To amend an Act relating to regulation and taxation of electricity used as motor fuel and electric vehicle charging stations, approved May 2, 2023 (Ga. L. 2023, p. 376/SB 146), as amended, so as to extend the effective date of provisions relative to regulatory authority of the Department of Agriculture and revenue and taxation; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for an exception for collection of sales and use taxes and motor fuel taxes relative to electricity delivered by certain electric vehicle charging stations; to revise and provide for definitions; 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:

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SECTION 1. An Act relating to regulation and taxation of electricity used as motor fuel and electric vehicle charging stations, approved May 2, 2023 (Ga. L. 2023, p. 376/SB 146), as amended, is amended by revising subsection (b) of Section 5-1 as follows:
"(b) Part II of this Act, which provides for the regulatory authority of the Department of Agriculture, and Part III of this Act, relating to revenue and taxation, shall become effective on January 1, 2027."

SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-8-3, relating to exemptions from state sales and use tax, by striking "or" at the end of paragraph (104), by replacing the period at the end of paragraph (105) with "; or", and by adding a new paragraph to read as follows:
"(106) Sale or use of exempt special fuel as such term is defined in Code Section 48-9-2."

SECTION 3. Said title is further amended by revising Code Section 48-8-3.1, relating to exemptions from sales and use tax for motor fuels, as follows:
"48-8-3.1. (a) Except as provided in subsection (b) of this Code section, sales of motor fuels as defined in Code Section 48-9-2 shall be exempt from the state sales and use taxes levied or imposed by this article. (b) Sales of motor fuel, other than gasoline and exempt special fuel as such term is defined in Code Section 48-9-2, purchased for purposes other than propelling motor vehicles on public highways as defined in Article 1 of Chapter 9 of this title shall be fully subject to the state sales and use taxes levied or imposed by this article unless otherwise specifically exempted by this article. (c) It is specifically declared to be the intent of the General Assembly that taxation imposed on sales of motor fuel wholly or partially subject to taxation under this Code section shall not constitute motor fuel taxes for purposes of any provision of the Constitution providing for the automatic or mandatory appropriation of any amount of funds equal to funds derived from motor fuel taxes."

SECTION 4. Said title is further amended in Code Section 48-9-2, relating to definitions relative to motor fuel tax, by revising subparagraph (G) of paragraph (5), by revising paragraph (5.3), and by adding a new paragraph to read as follows:
"(G) Consumes, uses, or sells electricity as a motor fuel through an electric vehicle charging station for both highway and nonhighway use; provided, however, that such term shall not include the consumption, use, or sale of exempt special fuel;"

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"(5.3) 'Exempt special fuel' means fuel dispensed from an electric vehicle charging station in operation as of January 1, 2025, that is owned or operated by a nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, that delivers electricity for no exchange of consideration or payment, and that is located upon a federal interstate right of way. (5.4) 'Export and import' means:
(A) When motor fuels are sold for export and delivered across the boundaries of this state by or for the seller, such action is presumed to be an export from the place of origin and an import into the destination state or country by the seller; and (B) When motor fuels are purchased for export and transported across the boundaries of this state by or for the purchaser, such action is presumed to be an export from the place of origin and an import into the destination state or country by the purchaser."

SECTION 5. Said title is further amended in Code Section 48-9-3, relating to levy of excise tax, rate, taxation of motor fuels not commonly sold or measured by gallon, rate, prohibition of tax on motor fuel by political subdivisions, exception, and exempted sales, by revising paragraph (2) of subsection (a) and subdivision (b)(7)(B)(ii)(I) as follows:
"(2) In the event any motor fuels which are not commonly sold or measured by the gallon or which are not otherwise provided for by this Code section are used in any motor vehicles on the public highways of this state, the commissioner may assess, levy, and collect a tax upon such fuels, under such regulations as the commissioner may promulgate, in accordance with and measured by the nearest power potential equivalent to that of one gallon of regular grade gasoline; provided, however, that no tax shall be imposed upon exempt special fuel. Any determination by the commissioner of the power potential equivalent of such motor fuels shall be prima-facie correct. Upon each such quantity of such fuels used upon the public highways of this state, a tax at the same rate per gallon imposed on motor fuel under paragraph (1) of this subsection shall be assessed and collected."
"(ii)(I) Any special fuel sold by a distributor to a purchaser who has a storage receptacle which has a connection to a withdrawal outlet that may be used for highway use, as defined in Code Section 48-9-2, and any special fuel delivered from an electric vehicle charging station, is not exempt from the motor fuel and road taxes imposed by this article unless:
(a) The purchaser is at the time of sale a valid licensed distributor of that type of motor fuel; (b) The fuel is an exempt special fuel; or (c) An exemption certificate has been obtained on forms furnished by the Department of Revenue showing that there is no highway use of such fuels and the person obtaining such fuel is not a reseller of such fuels. Each exemption certificate shall be valid for a period of not more than three years and shall be kept

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by the distributor as one of the records specified in Code Section 48-9-8. It shall be the responsibility of the purchaser to notify the distributor when the purchaser is no longer qualified for the nonhighway exemption. All applicable taxes shall be charged the purchaser until the purchaser is granted a valid distributor's license for that type of motor fuel."

SECTION 6. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on January 1, 2027. (b) Section 1 of 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 May 13, 2025.

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DOMESTIC RELATIONS PROTECTION FOR HOUSEHOLD PETS IN BOTH FAMILY VIOLENCE AND DATING VIOLENCE PROTECTIVE ORDERS; PROVIDE.

No. 189 (House Bill No. 177).

AN ACT

To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide protection for household pets in both family violence and dating violence protective orders; to provide for a definition and an exclusion; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in Code Section 19-13-4, relating to family violence protective orders and consent agreements, contents, delivery to sheriff, expiration, and enforcement, by revising subsection (a) as follows:
"(a) The court may, upon the filing of a verified petition, grant any protective order or approve any consent agreement to bring about a cessation of acts of family violence. The

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court shall not have the authority to issue or approve mutual protective orders concerning paragraph (1), (2), (5), (9), or (11) of this subsection, or any combination thereof, unless the respondent has filed a verified petition as a counter petition pursuant to Code Section 19-13-3 no later than three days, not including Saturdays, Sundays, and legal holidays, prior to the hearing and the provisions of Code Section 19-13-3 have been satisfied. The orders or agreements may:
(1) Direct the respondent to refrain from such acts; (2) Grant to a party possession of the residence or household of the parties and exclude the other party from the residence or household; (3) Require a party to provide suitable alternate housing for a spouse, former spouse, or parent and the parties' child or children; (4) Award temporary custody of minor children and establish temporary visitation rights; (5) Order the eviction of a party from the residence or household and order assistance to the petitioner in returning to it, or order assistance in retrieving personal property of the petitioner if the respondent's eviction has not been ordered; (6) Order either party to make payments for the support of a minor child as required by law; (7) Order either party to make payments for the support of a spouse as required by law;
(8)(A) Provide for possession of personal property of the parties,including the care, custody, and control of any animal owned, possessed, kept, or held as a household pet by either party or by a minor child living in the household or residence of either party. As used in this paragraph, the term 'household pet' means an animal kept for human companionship and enjoyment or an animal which is owned or possessed by either party or by a minor child living in the household or residence of either party. Such term shall not include livestock, laboratory animals, working animals, sport animals, or any other animal which is kept for a commercial purpose or for consumption. (B) Order the respondent to refrain from doing any of the following with respect to any animal owned, possessed, kept, or held as a household pet:
(i) Harassing or harming such household pet; (ii) Taking, transferring, encumbering, or concealing such household pet; and (iii) Engaging in any conduct that would be a violation of Code Section 16-12-4; (9) Order the respondent to refrain from harassing or interfering with the petitioner; (10) Award costs and attorney's fees to either party; and (11) Order the respondent to receive appropriate psychiatric or psychological services as a further measure to prevent the recurrence of family violence."

SECTION 2. Said title is further amended in Code Section 19-13A-4, relating to required findings of fact and authority of court relative to dating violence protective orders, by revising subsection (b) as follows:

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"(b) The court may, upon the filing of a verified petition and as provided in subsection (a) of this Code section, grant any protective order or approve any consent agreement to bring about a cessation of acts of dating violence. The court shall not have the authority to issue or approve mutual protective orders concerning paragraph (1), (3), or (5) of this subsection, or any combination thereof, unless the respondent has filed a verified petition as a counter petition pursuant to Code Section 19-13A-3 no later than three days prior to the hearing and the provisions of Code Section 19-13A-3 have been satisfied. The orders or agreements may:
(1) Direct the respondent to refrain from such acts; (2)(A) Provide for possession of personal property of the parties,including the care, custody, and control of any animal owned, possessed, kept, or held as a household pet by either party or by a minor child living in the household or residence of either party. As used in this paragraph, the term 'household pet' means an animal kept for human companionship and enjoyment or an animal which is owned or possessed by either party or by a minor child living in the household or residence of either party. Such term shall not include livestock, laboratory animals, working animals, sport animals, or any other animal which is kept for a commercial purpose or for consumption.
(B) Order the respondent to refrain from doing any of the following with respect to any animal owned, possessed, kept, or held as a household pet:
(i) Harassing or harming such household pet; (ii) Taking, transferring, encumbering, or concealing such household pet; and (iii) Engaging in any conduct that would be a violation of Code Section 16-12-4; (3) Order the respondent to refrain from harassing or interfering with the petitioner; (4) Award costs and attorney's fees to either party; and (5) Order the respondent to receive appropriate psychiatric, psychological, or educational services as a further measure to prevent the recurrence of dating violence."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2025.

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PROFESSIONS AND BUSINESSES VETERINARIANS AND VETERINARY TECHNICIANS; LICENSED VETERINARIANS AND VETERINARY TECHNICIANS TO PRACTICE VETERINARY TELEADVICE; AUTHORIZE; FOREIGN EDUCATED VETERINARIANS; AUTHORIZE.

No. 190 (Senate Bill No. 105).

AN ACT

To amend Chapter 50 of Title 43 of the Official Code of Georgia Annotated, relating to veterinarians and veterinary technicians, so as to authorize licensed veterinarians and veterinary technicians to practice veterinary teleadvice; to authorize licensed veterinarians and veterinary technicians to practice veterinary teletriage under certain circumstances; to authorize licensed veterinarians to practice veterinary telemedicine under certain circumstances; to provide for the regulation of the practice of veterinary telemedicine, veterinary teletriage, and veterinary teleadvice by the State Board of Veterinary Medicine; to provide for licensure for graduates of foreign colleges or schools of veterinary medicine who are board certified in a specialty; to provide for an exemption; to revise and provide for definitions; 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 50 of Title 43 of the Official Code of Georgia Annotated, relating to veterinarians and veterinary technicians, is amended by revising paragraphs (26) and (29) of and adding new paragraphs to Code Section 43-50-3, relating to definitions, as follows:
"(26) 'Practice veterinary technology' means: (A) To perform animal patient care or other services that require a technical understanding of veterinary medicine by a licensed veterinary technician on the basis of written or oral instruction of a licensed veterinarian, excluding diagnosing, prognosing, performing surgery, prescribing, or dispensing; (B) To represent, directly or indirectly, publicly or privately, an ability and willingness to engage in any act described in subparagraph (A) of this paragraph; or (C) To use any title, words, abbreviation, or letters, while engaged in the practice of licensed veterinary technology, in a manner or under circumstances that induce the belief that the person using them is qualified to engage in an act included in subparagraph (A) of this paragraph."
"(29) 'Veterinarian-client-patient relationship' means:

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(A)(i) A licensed veterinarian has assumed the responsibility for making medical judgments regarding the health of the animal and the need for medical treatment, and the client has given informed consent for services provided by the licensed veterinarian; (ii) There is sufficient knowledge of the animal by the licensed veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal. This means that the licensed veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by virtue of examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept or by medically appropriate and timely visits by the licensed veterinarian to premises within an operation or production system where the animal or groups of animals are kept; (iii) The licensed veterinarian is readily available for follow up care or consultation or has arranged for:
(I) Veterinary emergency coverage; and (II) Continuing care and treatment by another licensed veterinarian, including providing a copy of associated records during normal business hours; and (iv) The licensed veterinarian develops and maintains appropriate medical records; or (B) All licensed veterinarians employed at the same veterinary facility as any licensed veterinarian for which a veterinarian-client-patient relationship has been established pursuant to subparagraph (A) of this paragraph." "(35) 'Veterinary teleadvice' means the use of synchronous or asynchronous telecommunications technology to provide general advice to a client that is not specific to a particular animal, diagnosis, or treatment. (36) 'Veterinary telemedicine' or 'practice of veterinary telemedicine' means the use of synchronous or asynchronous telecommunications technology to facilitate the practice of veterinary medicine. (37) 'Veterinary teletriage' means the use of synchronous or asynchronous telecommunications technology to assess and manage an animal, including determining whether immediate referral to a licensed veterinarian is necessary, under conditions of reasonable urgency or uncertainty. Such phrase shall not include diagnosis, prognosis, surgery, or the prescribing, administering, or dispensing of any prescription drug or any other medication or treatment specified by the board."

SECTION 2. Said chapter is further amended by revising Code Section 43-50-21, relating to general powers of board and liberal construction of powers, as follows:
"43-50-21. (a) The board shall have the power to:

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(1) Examine and determine the qualifications and fitness of applicants for licenses to practice veterinary medicine, veterinary telemedicine, veterinary teletriage, veterinary teleadvice, and veterinary technology in this state; (2) Issue, renew, refuse to renew, deny, suspend, or revoke licenses to practice veterinary medicine, veterinary telemedicine, veterinary teletriage, veterinary teleadvice, or veterinary technology in this state or otherwise discipline licensed veterinarians and licensed veterinary technicians; and to issue, renew, deny, suspend, or revoke veterinary faculty licenses, consistent with this chapter and the rules and regulations adopted under this chapter; (3) Conduct investigations for the purpose of discovering violations of this chapter or grounds for disciplining persons licensed under this chapter; (4) Inspect veterinary premises and equipment, including mobile veterinary clinics, at any time in accordance with protocols established by rule of the board; (5) Hold hearings on all matters properly brought before the board; and, in connection therewith, to administer oaths, receive evidence, make the necessary determinations, and enter orders consistent with the findings. The board may designate one or more of its members to serve as its hearing officer; (6) Appoint from its own membership one member to act as a representative of the board at any meeting within or outside the state where such representative is deemed desirable; (7) Bring proceedings in the courts for the enforcement of this chapter or any regulations made pursuant to this chapter; (8) Adopt, amend, or repeal all rules necessary for its government and all regulations necessary to carry this chapter into effect, including without limitation the establishment and print or electronic publication of standards of professional conduct for the practice of veterinary medicine, veterinary telemedicine, veterinary teletriage, veterinary teleadvice, and veterinary technology; and (9) Establish and publish annually a schedule of fees for licensing. (b) The powers enumerated in subsection (a) of this Code section are granted for the purpose of enabling the board to supervise effectively the practice of veterinary medicine, veterinary telemedicine, veterinary teletriage, veterinary teleadvice, and veterinary technology and are to be construed liberally to accomplish these objectives."

SECTION 3. Said chapter is further amended by revising Code Section 43-50-30, relating to license requirement for practice of veterinary medicine and practice by business employee, as follows:
"43-50-30. (a) No person may practice veterinary medicine, veterinary telemedicine, or veterinary teletriage in this state who is not a licensed veterinarian or the holder of a valid temporary license issued by the division director pursuant to this article.

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(b) No person may practice veterinary teleadvice in this state who is not a licensed veterinarian or veterinary technician or the holder of a valid temporary license issued by the division director pursuant to this article. (c) A licensed veterinarian may practice veterinary medicine, veterinary telemedicine, veterinary teletriage, or veterinary teleadvice as an employee of a corporation, partnership, or other business organization, provided that the licensed veterinarian is not subject to the direction of anyone not licensed to practice veterinary medicine in Georgia in making veterinary medical decisions or judgments."

SECTION 4. Said chapter is further amended by revising Code Section 43-50-31, relating to application for license, qualifications, and recordation of license, as follows:
"43-50-31. (a) Any person desiring a license to practice veterinary medicine in this state shall make application to the board. The application shall include evidence, satisfactory to the board, that:
(1) The applicant has attained the age of 18; (2) The applicant is of good moral character;
(3)(A) The applicant: (i) Is a graduate of an accredited college or a school of veterinary medicine accredited by the American Veterinary Medical Association Council on Education or possesses an ECFVG or PAVE certificate or substantial equivalent; and (ii) Has passed a board approved examination; provided, however, that the board may provide by rule or regulation for a waiver of any part of such examination for veterinarians who are licensed as such by another state and who are in good standing therewith; or
(B) The applicant: (i) Is a graduate of a foreign college or school of veterinary medicine and has submitted a transcript certifying completion of his or her education in veterinary medicine. In support of such certification of completion, such graduate may submit: (I) An ECFVG certificate or its substantial equivalent; (II) A PAVE certificate or its substantial equivalent; or (III) Any other document as authorized by the board; and (ii) Has completed a residency program or similar training duration program of two or more years and has received board certification from a veterinary medicine specialty organization recognized by the American Veterinary Medical Association, the American Board of Veterinary Specialties, or other American Veterinary Medical Association board approved organization; provided, however, that such applicant upon licensure shall only be authorized to practice veterinary medicine in the area of his or her certified veterinary medicine specialty; and provided, further, that any other

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practice of veterinary medicine shall be deemed a violation of subsection (a) of Code Section 43-50-30 and subsection (a) of Code Section 43-50-45; and (4) The applicant meets such other qualifications or provides such other information as the board may require by rule. (b) The application shall be accompanied by a fee in the amount established by the board. (c) The division director shall record the new licenses and issue such licenses to the new licensees. (d) If an applicant is found not qualified for licensure, the board shall notify the applicant in writing of such finding and the grounds therefor. Such applicant may request a hearing before the board on the questions of his or her qualifications."

SECTION 5. Said chapter is further amended in Code Section 43-50-44, relating to exemptions from article, by adding a new subparagraph to paragraph (2) to read as follows:
"(2)(A) A person who is a regular student in a veterinary school or school of veterinary technology performing duties or actions assigned by his or her instructors or working under the supervision of a licensed veterinarian; (B) A member of the faculty, a resident, an intern, or a graduate student of an accredited college or school of veterinary medicine or school of veterinary technology performing his or her regular clinical or nonclinical functions or a person lecturing or giving instructions or demonstrations at an accredited college or school of veterinary medicine or school of veterinary technology in connection with a continuing education course or seminar; (B.1) A person licensed pursuant to subparagraph (a)(2)(B) of Code Section 43-50-31 from lecturing or giving instructions or demonstrations in an area within such person's certified veterinary medicine specialty at an accredited college or school of veterinary medicine or school of veterinary technology and in connection with a continuing education course or seminar; or (C) A graduate of a foreign college or school of veterinary medicine who is in the process of obtaining the ECFVG or PAVE certificate or substantial equivalent performing duties or actions under the direct supervision of a licensed veterinarian;"

SECTION 6. Said chapter is further amended by adding a new article to read as follows:

"ARTICLE 7

43-50-120. (a) A licensed veterinarian may practice veterinary telemedicine in this state if:
(1) Such individual is in good standing and primarily practices veterinary medicine in this state through in-person visits with clients and animal patients;

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(2) Such individual has notified the board of his or her intent to practice veterinary telemedicine and satisfied any additional requirements set forth by the board; (3) Such individual has an existing veterinarian-client-patient relationship with any client and animal patient; (4) The animal patient resides within this state at the time the individual practices veterinary telemedicine; (5) Such individual practices veterinary telemedicine in a manner consistent with his or her scope of practice, all federal and state laws, and prevailing professional standards of practice for a veterinarian who provides in-person veterinary services in this state and employs sound, professional judgment to determine whether using veterinary telemedicine is an appropriate method for delivering medical advice or treatment to the animal patient; (6) Such individual takes appropriate precautions to preserve the confidentiality of any client or animal patient's records; and (7) Such individual informs the client, in writing, of his or her full name, location, license number, licensure status, and limitations involved in accessing veterinary telemedicine and obtains a signed and dated statement from the client indicating receipt of such required information. (b) Any prescription, administration, or dispensing of prescription drugs pursuant to this Code section shall be in accordance with all federal and state laws. (c) Nothing in this article shall be construed to authorize any licensed veterinarian to prescribe, administer, or otherwise dispense any prescription drug or any other medication or treatment specified by the board, unless such licensed veterinarian or another licensed veterinarian employed at the same veterinary facility has recently seen and is personally acquainted with the keeping and care of the animal by virtue of a physical examination of the animal at the veterinary facility or during a medically appropriate and timely visit to the premises where the animal is located.

43-50-121. (a) Notwithstanding anything to the contrary in this chapter, a licensed veterinarian or a veterinary technician supervised by a licensed veterinarian may practice veterinary teletriage, regardless of whether a veterinarian-client-patient relationship exists, if the following conditions are met:
(1) No licensed veterinarian or veterinary technician is available within a 50 mile radius of the animal's location to perform a physical examination at a veterinary facility or the premises where the animal is located within 24 hours of the client's request for services; (2) The licensed veterinarian or veterinary technician requests that, as soon as reasonably practical, the client present the animal patient for a physical examination at the veterinary facility or at the premises where such animal is located; and (3) The licensed veterinarian or veterinary technician informs the client, in writing, of the veterinarian or supervising veterinarian's full name, location, license number,

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licensure status, and limitations involved in accessing veterinary teletriage, and obtains a signed and dated statement from the client indicating receipt of such required information. (b) Notwithstanding anything to the contrary in this chapter, a licensed veterinarian may practice veterinary telemedicine, regardless of whether a veterinarian-client-patient relationship exists, if the licensed veterinarian satisfies the conditions set forth in paragraphs (1) and (2) of subsection (a) of this Code section and paragraphs (1) and (2) and paragraphs (4) through (7) of subsection (a) of Code Section 43-50-120. (c) Nothing in this Code section shall be construed to require or impose a duty upon any licensed veterinarian or veterinary technician to identify or refer any client to a licensed veterinarian located within the radius imposed under paragraph (1) of subsection (a) of this Code section before practicing veterinary teletriage or veterinary telemedicine.

43-50-122. Nothing in this chapter shall be construed to prohibit a licensed veterinarian or a veterinary technician supervised by a licensed veterinarian from providing veterinary teleadvice, regardless of whether a veterinary-client-patient relationship exists."

SECTION 7. Sections 4 and 5 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. All other sections of this Act shall become effective on July 1, 2025.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2025.

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CRIMINAL PROCEDURE PRETRIAL PROCEEDINGS IN CAPITAL OFFENSE CASES WHERE THE DEATH PENALTY IS SOUGHT WHEN THE ACCUSED HAS AN INTELLECTUAL DISABILITY; PROVIDE.

No. 191 (House Bill No. 123).

AN ACT

To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for pretrial proceedings in capital offense cases where the death penalty is

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sought when the accused has an intellectual disability; to provide for a definition; to provide for notice of intent to claim intellectual disability; to provide for pretrial determination of intellectual disability; to provide for verdicts; to provide for capital case procedures; to provide for reports investigating reversible error; to provide for a standard of review; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by adding a new Code section to Part 2 of Article 6 of Chapter 7, relating to insanity and mental incompetency, to read as follows:
"17-7-128. (a) As used in this Code section, the term 'intellectual disability' shall have the same meaning as set forth in Code Section 17-7-131. (b) In criminal cases involving a capital offense for which the death penalty is sought, the accused may file a pretrial notice of intent to raise a claim of intellectual disability. Such notice shall state that the accused has an intellectual disability. (c) A pretrial hearing on the issue of whether the defendant has an intellectual disability:
(1) May be conducted upon motion of the defendant, at the discretion of the court; or (2) Shall be conducted upon joint consent motion of the defendant and the state to proceed with a pretrial hearing to determine if the accused has an intellectual disability. (d)(1) The defendant shall provide all discovery relating to the claim of intellectual disability, including, but not limited to, reports, names, contact information of any witnesses, and any other information, to the prosecuting attorney no later than 60 days prior to the date of the pretrial hearing, or at such time as the court orders. (2) Within 30 days of the defendant providing discovery, or as otherwise ordered by the court, the prosecuting attorney shall provide all discovery relating to the claim of intellectual disability, including, but not limited to, reports, names, contact information of any witnesses, and any other information, to the defendant. (3) If, prior to the pretrial hearing, a party discovers additional evidence or material previously requested or ordered which is subject to discovery under this subsection, such party shall promptly notify the opposing party of the existence of the additional evidence or material and make the additional evidence or material available to the opposing party. (e) Such pretrial determination of intellectual disability shall be made by the court sitting as the finder of fact. (f) The defendant shall have the burden of production and persuasion to demonstrate intellectual disability by a preponderance of the evidence, and, if such pretrial determination does not find the defendant to have an intellectual disability, he or she shall not be precluded from raising such issue in further proceedings.

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(g) If the defendant is found to have an intellectual disability, the court shall bar the state from seeking the death penalty. If the court does not find that the defendant has an intellectual disability, the defendant may raise the issue of his or her alleged intellectual disability as set forth in paragraph (2) of subsection (b) or paragraph (2) of subsection (c) of Code Section 17-7-131. (h) Either party may seek immediate review of the trial court's determination regarding intellectual disability, pursuant to subsection (b) of Code Section 5-6-34 or to Code Section 5-7-1."

SECTION 2. Said title is further amended by revising subsections (b) and (c) and adding a new paragraph to subsection (j) of Code Section 17-7-131, relating to proceedings upon plea of insanity or mental incompetency at time of crime, to read as follows:
"(b)(1) In all cases in which the defense of insanity, mental illness, or intellectual disability is interposed, the jury, or the court if tried by it, shall find whether the defendant is:
(A) Guilty; (B) Not guilty; (C) Not guilty by reason of insanity at the time of the crime; (D) Guilty but mentally ill at the time of the crime, but the finding of guilty but mentally ill shall be made only in felony cases; or (E) Guilty but with intellectual disability, but the finding of intellectual disability shall be made only in felony cases. (2)(A) A plea of guilty but mentally ill at the time of the crime or a plea of guilty but with intellectual disability shall not be accepted until the defendant has undergone examination by a licensed psychologist or psychiatrist and the court has examined the psychological or psychiatric reports, held a hearing on the issue of the defendant's mental condition, and is satisfied that there is a factual basis that the defendant was mentally ill at the time of the offense or has intellectual disability to which the plea is entered. (B) A plea of not guilty by reason of insanity at the time of the crime shall not be accepted and the defendant adjudicated not guilty by reason of insanity by the court without a jury until the defendant has undergone examination by a licensed psychologist or psychiatrist and the court has examined the psychological or psychiatric reports, has held a hearing on the issue of the defendant's mental condition, and the court is satisfied that the defendant was insane at the time of the crime according to the criteria set forth in Code Section 16-3-2 or 16-3-3. (C) In criminal cases involving a capital offense for which the death penalty is sought and a pretrial notice of intent to raise a claim of intellectual disability has been filed, the procedure set forth in Code Section 17-7-128 shall be followed.

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(D) In all cases and applicable criminal trials in which the defense of insanity, mental illness, or intellectual disability is interposed, the trial judge shall charge the jury, in addition to other appropriate charges, the following:
(i) 'I charge you that should you find the defendant not guilty by reason of insanity at the time of the crime, the defendant will be committed to a state mental health facility until such time, if ever, that the court is satisfied that he or she should be released pursuant to law'; (ii) 'I charge you that should you find the defendant guilty but mentally ill at the time of the crime, the defendant will be placed in the custody of the Department of Corrections which will have responsibility for the evaluation and treatment of the mental health needs of the defendant, which may include, at the discretion of the Department of Corrections, referral for temporary hospitalization at a facility operated by the Department of Behavioral Health and Developmental Disabilities'; and (iii) 'I charge you that should you find the defendant guilty but with intellectual disability, the defendant will be placed in the custody of the Department of Corrections, which will have responsibility for the evaluation and treatment of the mental health needs of the defendant, which may include, at the discretion of the Department of Corrections, referral for temporary hospitalization at a facility operated by the Department of Behavioral Health and Developmental Disabilities.' (c)(1) Except as provided in paragraph (2) of this subsection, in all criminal trials in any of the courts of this state wherein an accused shall contend that he or she was insane, mentally ill, or had an intellectual disability at the time the act or acts charged against him or her were committed, the trial judge shall instruct the jury that they may consider, in addition to verdicts of 'guilty' and 'not guilty,' the additional verdicts of 'not guilty by reason of insanity at the time of the crime,' 'guilty but mentally ill at the time of the crime,' and 'guilty but with intellectual disability.' The defendant may: (A) Be found 'not guilty by reason of insanity at the time of the crime' if he or she meets the criteria of Code Section 16-3-2 or 16-3-3 at the time of the commission of the crime. If the court or jury should make such finding, it shall so specify in its verdict; (B) Be found 'guilty but mentally ill at the time of the crime' if the jury, or court acting as trier of facts, finds beyond a reasonable doubt that the defendant is guilty of the crime charged and was mentally ill at the time of the commission of the crime. If the court or jury should make such finding, it shall so specify in its verdict; or (C) Be found 'guilty but with intellectual disability' if the jury, or court acting as trier of facts, both convicts the defendant beyond a reasonable doubt and finds by a preponderance of the evidence that the defendant has an intellectual disability. If the court or jury should make such finding, it shall so specify in its verdict. (2) When the death penalty has been sought and the defendant contends he or she has an intellectual disability, the court shall instruct the jury that it shall consider whether it finds beyond a reasonable doubt that the defendant is guilty of the crime charged. If the jury convicts the defendant of such capital crime, the defendant shall then present evidence

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regarding his or her alleged intellectual disability. The state shall have the opportunity to present evidence in response, and the defendant may offer evidence in rebuttal. Following the presentation of evidence, the court shall instruct the jury that, if the jury finds by a preponderance of the evidence that the defendant has an intellectual disability, such jury shall enter a separate finding of 'intellectual disability' and so specify in its verdict. If the jury does not find by a preponderance of the evidence that the defendant has an intellectual disability, such jury shall enter a separate finding of 'no intellectual disability.' When the jury returns a finding of 'no intellectual disability,' there shall be a capital sentencing proceeding as provided for in Code Section 17-10-30." "(3) In the trial of any case in which the death penalty is sought, should the judge find in accepting a plea of guilty but with intellectual disability, or the jury or court find in its verdict that the defendant is guilty of the crime charged but with intellectual disability, the death penalty shall not be imposed and the court shall sentence the defendant to imprisonment for life or imprisonment for life without possibility of parole."

SECTION 3. Said title is further amended by revising subsection (d) of Code Section 17-7-171, relating to time for a demand for speedy trial in capital cases, discharge and acquittal when no trial held before end of two court terms of demand, counting of terms in cases in which death penalty is sought, and special pleas of incompetency, as follows:
"(d) If a defendant files a pretrial notice of intent to raise a claim of intellectual disability pursuant to Code Section 17-7-128 or a special plea of incompetency to stand trial pursuant to Code Section 17-7-130 or if the court, pursuant to Code Section 17-7-129, conducts a trial on the competency of the defendant, the period of time during which such matter is pending shall not be included in the computation of determining whether a demand for speedy trial has been satisfied."

SECTION 4. Said title is further amended by revising subsection (b) of Code Section 17-10-35.1, relating to the review of pretrial proceedings when death penalty is sought, reports investigating reversible error, transmittal of reports to Supreme Court, orders regarding review, Attorney General assistance, res judicata, applicability, and waiver of rights, as follows:
"(b) The reports of the trial judge, prosecutor, prosecuting attorney, and defendant under subsection (a) of this Code section shall be in the form of standard questionnaires prepared and supplied by the Supreme Court. Such questionnaires shall be designed to determine whether there is arguably any existence of reversible error with respect to any of the following matters:
(1) Any proceedings with respect to change of venue; (2) Any proceedings with respect to recusal of the trial judge; (3) Any challenge to the jury array; (4) Any motion to suppress evidence;

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(5) Any motion for psychiatric or other medical evaluation; (6) Any proceedings with respect to a pretrial determination of intellectual disability; and (7) Any other matter deemed appropriate by the Supreme Court."

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 May 13, 2025.

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CRIMES AND OFFENSES DEFINITION OF LAW ENFORCEMENT OFFICER; PROVIDE.

No. 192 (Senate Bill No. 99).

AN ACT

To amend Code Sections 16-1-3 and 17-4-20 of the Official Code of Georgia Annotated, relating to definitions relative to crimes and offenses and authorization of arrests with and without warrants generally, use of deadly force, adoption or promulgation of conflicting regulations, policies, ordinances, and resolutions, and authority of nuclear power facility security officer, respectively, so as to provide for a definition of law enforcement officer; to provide for a cross reference to such definition; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Law Enforcement Partners Act."

SECTION 2. Code Section 16-1-3 of the Official Code of Georgia Annotated, relating to definitions relative to crimes and offenses, is amended by adding a new paragraph to read as follows:
"(8.1) 'Law enforcement officer' means: (A) A peace officer;

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(B) Any state or federal law enforcement officer who renders assistance to a law enforcement agency of this state or any political subdivision thereof in response to a declaration of a state of emergency or disaster issued by the Governor pursuant to Code Section 38-3-51; (C) An appointed chief of police or department head of a law enforcement unit who has not completed the applicable training required by Code Section 35-8-20 or 35-8-20.1 from the date of initial appointment to the date by which such training is to be completed pursuant to the applicable Code section; (D) An individual certified or commissioned in another state as a law enforcement officer, peace officer, or other official as being authorized to make arrests and carry firearms in the performance of his or her official duties who is employed by a law enforcement agency, enforcement unit, agency, or department of this state or any municipality, county, or other political subdivision thereof but who has not completed the applicable training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' provided that such individual's certification or commission in another state remains in good standing; and (E) A federal law enforcement officer who is employed by the United States government as a full-time law enforcement officer, is in good standing with his or her federal agency of employment, is authorized to carry a firearm in the performance of his or her official duties, and is empowered to arrest a person for criminal violations of the United States Code; while serving at the request of a Georgia state or local peace officer or to prevent imminent death or bodily harm."

SECTION 3. Code Section 17-4-20 of the Official Code of Georgia Annotated, relating to authorization of arrests with and without warrants generally, use of deadly force, adoption or promulgation of conflicting regulations, policies, ordinances, and resolutions, and authority of nuclear power facility security officer, is amended in subsection (a) by adding a new paragraph to read as follows:
"(4) As used in this subsection, the term 'law enforcement officer' shall have the same meaning as set forth in Code Section 16-1-3."

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2025.

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FOOD, DRUGS, AND COSMETICS AUTHORIZE PRODUCTION AND SALE OF COTTAGE FOOD ITEMS WITH CERTAIN EXEMPTIONS, REQUIREMENTS, AND DISCLOSURES.

No. 193 (House Bill No. 398).

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 authorize the production and sale of cottage food items with certain exemptions, requirements, and disclosures; to provide for definitions; to provide for inspections; to provide for a civil penalty; to provide for conforming changes; to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to prohibit local regulation of cottage food items; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, is amended by adding a new article to read as follows:

"ARTICLE 19

26-2-470. As used in this article, the term:
(1) 'Commissioner' means the Commissioner of Agriculture. (2) 'Cottage food item' means a non-potentially hazardous food or nonalcoholic beverage intended for human consumption that is produced and, if packaged, packaged at the residential property of the producer. The term 'cottage food item' shall not include alcoholic beverages, foods containing cannabis, or raw milk. (3) 'Cottage food operator' means a person who produces cottage food items at a residential property for sale to consumers or sellers pursuant to this article. (4) 'Cottage food production operation' means an individual, operating out of the individual's home kitchen, who prepares, processes, packages, stores, and distributes non-potentially hazardous foods for sale directly to a person, including online and by mail order, or to any food sales establishment, as that term is defined in Code Section 26-2-21. (5) 'Department' means the Department of Agriculture of this state. (6) 'Home kitchen' means a kitchen primarily intended for use by the residents of a home.

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(7) 'Non-potentially hazardous foods' means cottage food items that do not require temperature control for safety because they are not capable of supporting the rapid growth of pathogenic or toxigenic microorganisms or the growth and toxin production of Clostridium botulinum. The term 'non-potentially hazardous foods' includes, but is not limited to, baked goods such as loaf breads, rolls, biscuits and cakes, except those whose fillings require refrigeration or have high moisture content; jams, jellies, and preserves, except fruit butters when their commercial sterility may be affected by reduced sugar or pectin levels; uncut fruits and vegetables; dried fruits; dry herbs, seasonings, and mixtures; cereals, trail mixes, and granola; coated and uncoated nuts; vinegars and flavored vinegars; dill pickles; confections; fudge; dry soup mixes; roasted coffee beans; dry pasta; and popcorn, popcorn balls, and cotton candy. (8) 'Potentially hazardous foods' means cottage food items requiring temperature control for safety because they are capable of supporting the rapid growth of pathogenic or toxigenic microorganisms or the growth and toxin production of Clostridium botulinum. (9) 'Produce' means to prepare a food item by cooking, baking, drying, mixing, cutting, dehydrating, growing, raising, or other process. (10) 'Producer' means a person who produces a cottage food item pursuant to this article. (11) 'Seller' means any person, except a cottage food operator, who sells a cottage food item to a consumer, including, but not limited to, an agent of the producer or a third-party vendor. (12) 'Third-party vendor' means a retail store, grocery store, restaurant, or other similar store.

26-2-471. (a) It shall be unlawful for any person to operate as a cottage food operator not in compliance with this article. (b) This article shall not apply to a person who sells non-potentially hazardous foods at a bake sale affiliated with a nonprofit, charitable, or religious organization.

26-2-472. Cottage food production operations may only sell, or offer to sell, food items directly to a person, including online and by mail order, or to retail food sales establishments, including grocery stores and restaurants. Food produced from a cottage food production operation, and in compliance with the requirements of this article, shall be considered to be from an approved source, as required of a retail food sales establishment pursuant to department regulations. Any retail food sales establishment, including any grocery store, that sells or offers to sell cottage food products must post signage according to specifications as promulgated by the department indicating that cottage food products are not subject to commercial food regulations or inspection.

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26-2-473. (a) Except as provided in subsection (c) of this Code section, a cottage food operator or seller shall provide the following information to consumers of a cottage food item:
(1)(A) The business name, address, and telephone number of the cottage food operator; or (B) A cottage food operator or seller may elect, in lieu of providing an address pursuant to subparagraph (A) of this paragraph, to provide an identification number to be provided by the department upon written request; and (2) The following statement in at least 10 point font: 'This product was produced at a residential property that is exempt from state inspection. This product may contain allergens.' (b) Such information shall be provided: (1) On a label affixed to the package, if the cottage food item is packaged; (2) On a label affixed to the container, if the cottage food item is offered for sale from a bulk container; (3) On a placard displayed at the point of sale, if the cottage food item is neither packaged nor offered for sale from a bulk container; or (4) On the webpage on which the cottage food item is offered for sale, if the cottage food item is offered for sale on the internet. (c)(1) If the cottage food item is sold by telephone or custom order, the seller may choose not to display the information required by subsection (a) of this Code section but shall disclose to consumers that the cottage food item: (A) Is produced at a residential property that is exempt from state inspection; and (B) May contain allergens. (2) The seller shall have the information required by paragraphs (1) through (3) of subsection (a) of this Code section readily available and shall provide it to consumers upon request. (d) In addition to the labeling requirements provided in subsections (a) and (b) of this Code section, if the cottage food item is sold by a third-party vendor, the item shall be displayed in a separate section of the store or in a separate display case from non-cottage food items. The third-party vendor shall conspicuously label the separate section or display case as containing cottage food items that are exempt from state inspection.

26-2-474. The Commissioner shall be authorized to enforce the provisions of this article and shall have the authority to adopt any rules or regulations necessary to carry out said enforcement. Nothing in this article shall be construed to prevent the department from conducting an investigation into a reported foodborne illness.

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26-2-475. Any person who willfully fails to comply with any provision of this article or violates any rule or regulation adopted pursuant to this article shall be given a written warning. Upon a second or subsequent violation, such person shall be assessed a civil penalty of not more than $75.00 per violation.

26-2-476. (a) The department may inspect the residence of a cottage food operator to investigate a consumer complaint, a report of foodborne illness, or other public health emergency. (b) Such inspection shall be limited to the areas of the residence used by the cottage food operator. (c) Except in emergency situations, the department shall schedule an inspection with the cottage food operator in advance. A cottage food operator may request an administrative warrant prior to an inspection.

26-2-477. Nothing in this article shall be construed to:
(1) Exempt a cottage food operator or seller from any applicable federal law, including, but not limited to, any federal law prohibiting the sale of certain food items in interstate commerce; (2) Preclude the production or sale of food items otherwise allowed by federal, state, or local law; (3) Preclude the sale of live animals or portions of live animals before slaughter for future delivery; (4) Amend or otherwise alter any rule or regulation related to other goods and services provided where cottage food items are produced or sold; (5) Exempt a cottage food operator or seller from any applicable tax law; (6) Exempt a cottage food operator or seller from any applicable fishing or hunting law; or (7) Exempt a cottage food operator or seller from any applicable law of another state.

26-2-478. (a) In addition to the regulation of cottage food items under this article by the department and the Commissioner, the governing authority of any county or municipality may elect to prohibit cottage food operators from selling cottage food items through third-party vendors within its jurisdiction through the adoption of an ordinance providing as much. Any such ordinance shall only be adopted at a hearing occurring at least 15 but not more than 45 days after a notice of the hearing is published within a newspaper of general circulation within the territorial boundaries of the local government. Any such county or municipality may employ its local board of health to assist in such matters.

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(b) No ordinance authorized under subsection (a) of this Code section shall become effective until the county or municipality notifies the Commissioner and the department of such ordinance prior to the effective date of the required ordinance. (c) Neither the Commissioner, nor the department, shall be responsible or liable for any prohibition or regulation enacted by ordinance pursuant to subsection (a) of this Code section."

SECTION 2. Said chapter is further amended in Article 2, relating to adulteration and misbranding of food, by revising paragraph (5) of subsection (a) of Code Section 26-2-21, relating to definitions, as follows:
"(5) 'Food sales establishment' means retail and wholesale grocery stores; retail seafood stores and places of business; food processing plants, except those food processing plants which are currently required to obtain a license from the Commissioner under any other provision of law; bakeries; confectioneries; fruit, nuts, and vegetable stores or roadside stands; wholesale sandwich and salad manufacturers, including vending machines and operations connected therewith; and places of business and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises. Within a food sales establishment, there may be a food service component, not separately operated, which may serve customers on site. This food service component shall be considered as part of the food sales establishment. Such term shall not include:
(A) The food sales component of any food service establishment defined in Code Section 26-2-370; (B) Food service establishments as defined in Code Section 26-2-370; (C) Establishments engaged in the sale of food primarily for consumption off the premises if such sale is an authorized part of and occurs upon the site of a fair or festival which:
(i) Is sponsored by a political subdivision of this state; and (ii) Lasts 120 hours or less; (D) Establishments engaged in the boiling, bottling, and sale of sugar cane syrup or sorghum syrup within this state, provided that such bottles contain a label listing the producer's name and street address, all added ingredients, and the net weight or volume of the product; (E) Nonprofit food sales and food service provided under a permit issued pursuant to Article 14 of this chapter; (F) Cottage food operators as provided for in Code Section 26-2-471; or (G) A person selling non-potentially hazardous foods, as defined in Code Section 26-2-470, at a bake sale affiliated with a nonprofit, charitable, or religious organization."

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SECTION 3. Said chapter is further amended in Article 6, relating to meat, poultry, and dairy processing plants, by revising paragraph (3) of Code Section 26-2-200, relating to definitions, as follows:
"(3) 'Meat, poultry, or dairy processing plant' means: any abattoir, slaughterhouse, poultry killing or processing plant, milk depot, milk processing plant, or any other establishment for the killing, storage, dressing, manufacture, preparation, or processing of any animal, fowl, or dairy product or any by-product thereof for human consumption. Such term shall not include cottage food operators as provided for in Code Section 26-2-471."

SECTION 4. Said chapter is further amended in Article 13, relating to food service establishments, by revising paragraph (2) of Code Section 26-2-370, relating to definitions, as follows:
"(2) 'Food service establishment' means establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products either for carry out or service within the establishment. Such term includes restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which retail sandwiches or salads; soda fountains; institutions, both public and private; mobile food service establishments; industrial cafeterias; catering establishments; and similar facilities by whatever name called. Within a food service establishment, there may be a food sales component, not separately operated. This food sales component shall be considered as part of the food service establishment. Such term shall not include:
(A) A food sales establishment, as defined in Code Section 26-2-21, except as otherwise stated in this paragraph; (B) The food service component of any food sales establishment defined in Code Section 26-2-21; (C) Any outdoor recreation activity sponsored by the state, a county, a municipality, or any department or entity thereof, any outdoor or indoor (other than school cafeteria food service) public school function, or any outdoor private school function; (D) Any organization which is operating on its own property or on the property of a party that has provided written consent for the use of such property for such purpose and which is exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code for the purpose of operating a house or other residential structures where seriously ill or injured children and their families are provided temporary accommodations in proximity to their treatment hospitals and where food is prepared, served, transported, or stored by volunteer personnel;

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(E) Establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products if such preparation or serving is an authorized part of and occurs upon the site of an event which:
(i) Is sponsored by a political subdivision of this state; (ii) Is held on the property of such sponsor or on the property of a party that has provided written consent for use of such property for such event; and (iii) Lasts 120 hours or less; (F) Nonprofit food sales and food service provided under a permit issued pursuant to Article 14 of this chapter; or (G) Cottage food operators as provided for in Code Section 26-2-471."

SECTION 5. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by adding a new Code section to read as follows:
"36-60-33. Except as authorized under and in accordance with Code Section 26-2-478, no county or municipality shall prohibit or regulate cottage food items as such term defined in Code Section 26-2-470. No county or municipality shall prohibit commercial delivery companies from delivering cottage food items."

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2025.

__________

PROFESSIONS AND BUSINESSES OPTOMETRISTS TO DISPENSE AND SELL PHARMACEUTICAL AGENTS TO PATIENTS UNDER CERTAIN CONDITIONS; PROVIDE.

No. 194 (Senate Bill No. 140).

AN ACT

To amend Chapter 4 of Title 26 and Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies and optometrists, respectively, so as to provide for doctors of optometry to dispense and sell pharmaceutical agents to patients under certain conditions; to provide for a definition; to provide for compliance with certain rules

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and regulations of the State Board of Pharmacy; 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 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by revising paragraph (2) of subsection (a) of Code Section 26-4-130, relating to dispensing drugs, compliance with labeling and packaging requirements, records available for inspection by board, and renewal of licenses, as follows:
"(2) 'Practitioner' or 'practitioner of the healing arts' means, notwithstanding Code Section 26-4-5, a person licensed as a dentist, optometrist, physician, podiatrist, or veterinarian under Chapter 11, 30, 34, 35, or 50, respectively, of Title 43."

SECTION 2. Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, is amended by revising subparagraph (H) of paragraph (2) of Code Section 43-30-1, relating to definitions, as follows:
"(H)(i) A doctor of optometry shall be authorized to dispense and sell pharmaceutical agents, other than controlled substances, that are related to the treatment of diseases and conditions of the eye and adnexa oculi and are for a legitimate medical purpose to patients, provided that a doctor of optometry shall:
(I) Be on the premises when any pharmaceutical agent is dispensed to a patient and be actively involved in the dispensing process; (II) Inform the patient on the appropriate use of the pharmaceutical agent being dispensed; (III) Document in the patient's record the name, strength, quantity, and appropriate use of the pharmaceutical agent dispensed; (IV) Maintain a readily retrievable record system by manual or electronic means of all the pharmaceutical agents purchased for administration, dispensing, or selling in the course of the professional practice; and (V) Comply with the requirements under Code Section 26-4-130 and the rules and regulations established pursuant thereto by the State Board of Pharmacy. (ii) Nothing in this subparagraph shall expand the administrative or prescriptive authority of a doctor of optometry."

SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 43-30-13, relating to construction of chapter, as follows:
"(a) Nothing in this chapter shall be construed to apply to physicians and surgeons duly licensed to practice medicine; to prevent persons from selling spectacles or eyeglasses on

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prescription from any duly qualified optometrist or physician; to prevent any person from selling glasses as articles of merchandise or from using test cards in connection with the sale of such glasses at a permanently located place when not trafficking or attempting to traffic upon assumed skill in optometry; or to authorize any registered optometrist to use, dispense, sell, prescribe, or administer drugs except as permitted by law, to practice medicine or surgery in any manner as defined by the laws of this state, or to use the title of 'M.D.' or any other title mentioned in Code Section 43-34-21 or 43-34-22."

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 May 13, 2025.

__________

BANKING AND FINANCE FINANCIAL INSTITUTIONS CODE; UPDATE TERMINOLOGY;

No. 250 (House Bill No. 15).

AN ACT

To amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to update terminology; to revise procedures concerning incorporators of credit unions; to revise requirements of articles of incorporation of credit unions; to revise licensure requirements for money transmissions, cashing payment instruments, mortgage lenders and mortgage brokers, foreign banking institutions, and installment loans; to provide for revised auditing procedures for mortgage lenders and mortgage brokers; to provide for corporate governance requirements for mortgage lenders and mortgage brokers; to provide for liquidity requirements for mortgage lenders and mortgage brokers; to revise requirements for applications to relocate for foreign banking institutions; to revise background check procedures for merchant acquirer limited purpose banks; to provide for regulation by the Department of Banking and Finance of installment loans and merchant acquirer limited purpose banks; to revise deposit requirements for merchant acquirer limited purpose banks; to provide for definitions; to revise cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended in Article 1 of Chapter 1, relating to department of banking and finance and financial institutions generally, by revising Code Section 7-1-235, relating to part inapplicable to bank holding company transactions, as follows:
"7-1-235. Except for the provisions of Code Sections 7-1-231 and 7-1-232, this part shall not apply to a transaction subject to Code Sections 7-1-605 through 7-1-608, relating to bank holding companies."

SECTION 2. Said title is further amended in Article 2 of Chapter 1, relating to banks and trust companies, by revising subsection (c) of Code Section 7-1-392, relating to articles of incorporation, advertisement of articles or notice of application, and naming registered agent, as follows:
"(c) The incorporators shall file with the department the articles, together with the fee required by Code Section 7-1-862. Such filing shall constitute an application for a certificate of incorporation. Immediately upon the filing of the articles, the department shall certify a copy thereof and return it to the applicants, who shall, in conformity with Code Section 7-1-7 and no later than the next business day following the filing of the articles, transmit for publication a copy of the articles or, in lieu thereof, a statement in substantially the following form:
'An application for a certificate of incorporation of a (bank, trust company, or bank and trust company) to be known as the _______________________ and to be located at _______________________ in __________ County, Georgia, will be made to the Secretary of State of Georgia by (names and counties of residence of incorporators) in accordance with Chapter 1 of Title 7 of the Official Code of Georgia Annotated, the "Financial Institutions Code of Georgia." A copy of the articles of incorporation of such proposed (bank, trust company, or bank and trust company) and the application have been filed with the Department of Banking and Finance. The following persons have been proposed as the initial directors: (names and counties of residence of proposed directors).' to the newspaper which is the official organ of the county where the main office will be located. The articles or statement must be published once a week for two consecutive weeks with the first publication occurring within ten days of receipt by the newspaper of the articles or statement."

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SECTION 3. Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 7-1-606, relating to prohibited activities of bank holding company or subsidiary and exceptions, as follows:
"(2) In every case, the department shall take into consideration the financial and managerial resources, including the competence, character, and experience of management, and future prospects of the company or companies and the banks concerned."

SECTION 4. Said title is further amended in Article 3 of Chapter 1, relating to credit unions, by revising Code Section 7-1-630, relating to subscribers, articles, filings, fee, and directors, as follows:
"7-1-630. (a) Any number of persons, not less than eight, having a common bond, as defined in subsection (b) of this Code section, may incorporate for the purpose of organizing a credit union in accordance with this article. The persons so desiring to become incorporated shall execute articles which shall set forth the following:
(1) The name of the proposed credit union; (2) The territory in which it will operate; (3) The location where its initial registered office will be located; (4) The names and counties of residence of the subscribers, their occupation, length of service, and that each has subscribed to one share and paid for same; (5) The names and counties of residence of the original directors; (6) The proposed field of membership specified in detail and having the same common bond as the subscribers; (7) That the purpose and nature of the business are to conduct a credit union with the rights and powers granted by this article; and (8) The term of the existence of the credit union, which shall be perpetual unless otherwise limited. (b) For purposes of this article, 'common bond' means that specific relationship of occupation, association, or interest; residence or employment within a well-defined neighborhood, community, or rural district; employees of a common employer; or members of a bona fide cooperative, educational, fraternal, professional, religious, rural, or similar organization which tends to create a mutual interest between persons sharing the relationship. Persons related by blood, adoption, or marriage to or living in the same household with a person within such common bond and the surviving spouses of deceased members shall also be considered within the common bond. (c) The subscribers shall file the articles with the department together with the fee specified in Code Section 7-1-862. Such filing shall constitute an application for a certificate of incorporation. Immediately upon the filing of the articles, the department shall certify a copy of the articles and return it to the subscribers, who shall, in conformity

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with Code Section 7-1-7 and no later than the next business day following the filing of the articles, transmit for publication a copy of the articles or, in lieu thereof, a statement in substantially the following form:
'An application for a certificate of incorporation of a credit union to be known as the _______________________ and to be located at _______________________ in __________ County, Georgia, will be made to the Secretary of State of Georgia by (names and counties of residence of subscribers) in accordance with Chapter 1 of Title 7 of the Official Code of Georgia Annotated, the "Financial Institutions Code of Georgia." A copy of the articles of incorporation of such proposed credit union and the application have been filed with the Department of Banking and Finance. The following persons have been proposed as the initial directors: (names and counties of residence of proposed directors).' to the newspaper which is the official organ of the county where the main office will be located. The articles or statement must be published once a week for two consecutive weeks with the first publication occurring within ten days of receipt by the newspaper of the articles or statement. (d) The subscriber shall file with the department a certificate from the Secretary of State attesting that the name of the proposed credit union has been reserved as authorized by Code Section 7-1-131. (e) The subscriber shall file with the department a copy of the proposed bylaws setting forth the following: (1) The date of the annual meeting, the manner of conducting the same, the number of members constituting a quorum and regulations as to voting, and the manner of notification of the meeting, which shall comply with Code Section 7-1-6; (2) The number of directors, which shall be not less than five nor more than 25, all of whom shall be members, and their powers and duties, together with the duties of the executive officers elected by the board of directors; (3) The qualifications for membership of those coming within the initial common bond as required by this article; (4) The conditions under which deposits are received and withdrawn; and (5) The charges which shall be made, if any, for failure to meet obligations punctually; whether or not the credit union shall have the power to borrow; and such other matters consistent with this article as may be requisite to the organization and operation of the proposed credit union. (f) The subscriber shall pay such fee as shall be established by regulation of the department to defray the cost of the investigation required by Code Section 7-1-632, provided that the department shall not be required to set such fee if in its judgment the fee would discourage the organization of credit unions under this article. (g) The subscriber shall select at least five qualified persons who agree to serve on the board of directors. A signed agreement to serve in these capacities until the first annual

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meeting or until the election of their successors, whichever is later, shall be executed by those who so agree and filed with the department along with the proposed bylaws. (h) For the purposes of this article, the term 'executive officer' means an individual who performs significant managerial, supervisory, or policy-making functions on behalf of a credit union, including, but not limited to, the chief executive officer, president, chief financial officer, chief operating officer, and other individuals who perform such functions."

SECTION 5. Said title is further amended in said article by revising Code Section 7-1-632, relating to approval or disapproval by department and certificate of incorporation, as follows:
"7-1-632. (a) The department shall make an appropriate investigation of the articles and bylaws for the purpose of determining:
(1) Whether the articles and bylaws conform to this article; (2) The general character and qualifications of the subscribers, the proposed directors, and the executive officers and the financial stability and future prospects of the sponsoring company, if any; (3) The economic advisability of establishing the proposed credit union and such other facts and circumstances bearing on the proposed credit union as in the opinion of the department may be relevant; (4) That a common bond exists in accordance with Code Section 7-1-630; (5) That the subscribers and person or corporation sponsoring the credit union are in agreement as to the services, if any, that the sponsor will provide; (6) Whether the convenience and needs of the public will be served by the proposed credit union; and (7) Whether the capital structure of the proposed credit union is adequate in relation to the amount and character of the anticipated business of the credit union and the safety of prospective members. (b) If the department determines to its satisfaction that the proposed credit union meets the criteria set forth above, it shall, within 90 days from receipt of the articles and in compliance with Code Section 7-1-630, send a copy of the articles and written approval of the articles to the Secretary of State after making such changes in the articles or bylaws consistent with this article and with the consent of the subscribers that it deems appropriate; provided, however, that, if the approval of a federal public body is also required with respect to the proposed credit union, then the department may elect to not act on the application until after such approval is given. Such approval shall indicate any changes made to the articles including changes from the proposed field of membership. If the department shall disapprove the articles, the procedures of subsection (b) of Code Section 7-1-635 shall be followed.

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(c) Upon receipt of the approval of the department, the Secretary of State shall thereupon issue a certificate attesting to the incorporation of the credit union. The credit union shall, however, confine itself to organizational activities until it receives a permit to do business."

SECTION 6. Said title is further amended in said article by revising paragraph (3) of subsection (b) of Code Section 7-1-658, relating to loans, as follows:
"(3) In lieu of a credit committee, the board of directors may appoint one or more loan officers and delegate to such persons the power to approve or disapprove loans to a borrower that do not in the aggregate exceed 5 percent of the net worth of the credit union subject to such limitations or conditions set forth in this Code section for loans generally and such further limitations and conditions as the board may prescribe. All other duties of the credit committee as described in this article shall become the duties of the board of directors. Records of loans approved shall be maintained by the loan officers in such form as the board shall prescribe and shall be made available to the board upon request; and"

SECTION 7. Said title is further amended in Article 4 of Chapter 1, relating to money transmission, by adding a new paragraph to Code Section 7-1-680, relating to definitions, to read as follows:
"(8.1) 'Disqualifying crime' means any felony, as defined in Code Section 16-1-3, involving conversion, theft, money laundering, bribery, dishonesty, false statements or omissions, perjury, extortion, breach of trust, forgery, counterfeiting, embezzlement, insider trading, tax evasion, kickbacks, identity theft, cyber attacks, social engineering, fraud, including but not limited to check fraud, credit card fraud, mortgage fraud, medical fraud, corporate fraud, bank account fraud, payment (point of sale) fraud, currency fraud, bank fraud, and securities fraud or a felony directly related to the financial services business."

SECTION 8. Said title is further amended in said article by adding a new subsection to Code Section 7-1-683, relating to requirements for licensure, fees, and rules and regulations, to read as follows:
"(e) The department may issue a notice of intent to administratively withdraw an application for a license under this article if an applicant submits a deficient license application by failing to provide any information required by the department. If the applicant fails to provide the requested information within 30 days of the date of issuance of such notice, the application may be administratively withdrawn. The notice shall be deemed provided to the applicant when:
(1) Sent via email to the applicant's email address, as provided on the application; or

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(2) Posted by the department on the Nationwide Multistate Licensing System and Registry."

SECTION 9. Said title is further amended in said article by revising subsection (c) of Code Section 7-1-684, relating to investigation of applicants for licensure and background checks on employees and others, as follows:
"(c) The department shall not issue a license or may revoke a license if it finds that the applicant, licensee, or authorized agent; any person who is a director, officer, partner, covered employee, or ultimate equitable owner of the applicant, licensee, or authorized agent; or any individual who directs the affairs of or controls or establishes policy for the applicant, licensee, or authorized agent has been convicted of a felony in any jurisdiction or of a crime which, if committed within this state, would constitute a felony under the laws of this state:
(1) Within the previous seven years; or (2) At any time, if such felony is a disqualifying crime. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty or nolo contendere to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof and regardless of whether first offender treatment without adjudication of guilt pursuant to the charge was entered or an adjudication or sentence was otherwise withheld or not entered on that charge, unless and until such plea of guilty or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or until probation, sentence, or both probation and sentence of a first offender without adjudication of guilt have been successfully completed and documented or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction occurred."

SECTION 10. Said title is further amended in Article 4A of Chapter 1, relating to cashing of payment instruments, by adding a new paragraph to Code Section 7-1-700, relating to definitions, to read as follows:
"(8.1) 'Disqualifying crime' means any felony, as defined in Code Section 16-1-3, involving conversion, theft, money laundering, bribery, dishonesty, false statements or omissions, perjury, extortion, breach of trust, forgery, counterfeiting, embezzlement, insider trading, tax evasion, kickbacks, identity theft, cyber attacks, social engineering, fraud, including but not limited to check fraud, credit card fraud, mortgage fraud, medical fraud, corporate fraud, bank account fraud, currency fraud, bank fraud, and securities fraud or a felony directly related to the financial services business."

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SECTION 11. Said title is further amended in said article by adding a new subsection to Code Section 7-1-702, relating to requirements for licensure, to read as follows:
"(e) The department may issue a notice of intent to administratively withdraw an application for a license under this article if an applicant submits a deficient license application by failing to provide any information required by the department. If the applicant fails to provide the requested information within 30 days of the date of issuance of such notice, the application may be administratively withdrawn. The notice shall be deemed provided to the applicant when:
(1) Sent via email to the applicant's email address, as provided on the application; or (2) Posted by the department on the Nationwide Multistage Licensing System and Registry."

SECTION 12. Said title is further amended in said article by revising subsection (c) of Code Section 7-1-703, relating to investigation of applicants and background checks of employees and others, as follows:
"(c) The department shall not issue a license or may revoke a license if it finds that the applicant or licensee; any person who is a director, officer, partner, covered employee, or ultimate equitable owner of the applicant or licensee; or any individual who directs the affairs of or controls or establishes policy for the applicant or licensee has been convicted of a felony in any jurisdiction or of a crime which, if committed within this state, would constitute a felony under the laws of this state:
(1) Within the previous seven years; or (2) At any time, if such felony is a disqualifying crime. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty or nolo contendere to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof and regardless of whether first offender treatment without adjudication of guilt pursuant to the charge was entered or an adjudication or sentence was otherwise withheld or not entered on that charge, unless and until such plea of guilty or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or until probation, sentence, or both probation and sentence of a first offender without adjudication of guilt have been successfully completed and documented or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction occurred."

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SECTION 13. Said title is further amended in Article 13 of Chapter 1, relating to foreign banking institutions, by revising Code Section 7-1-1000, relating to definitions, as follows:
"7-1-1000. As used in this article, the term:
(1) 'Affiliate' or 'person affiliated with' means, when used with reference to a specified person, a person who directly, indirectly, or through one or more intermediaries controls, is controlled by, or is under common control with the person specified. Any beneficial owner of 10 percent or more of the securities of a person or any executive officer, director, trustee, joint venturer, or general partner of a person is an affiliate of such person unless the shareholder, executive officer, director, trustee, joint venturer, or general partner shall prove that he or she in fact does not control, is not controlled by, or is not under common control with such person. (1.1) 'Allowable assets for liquidity' means:
(A) Unrestricted cash and cash equivalents; and (B) Unencumbered investment grade assets held for sale or trade; mortgage-backed securities or other obligations of government sponsored entities and obligations of the United States Department of Treasury. (2) 'Audited financial statement' means the product of the examination of financial statements in accordance with generally accepted auditing standards by an independent certified public accountant, which product consists of an opinion on the financial statements indicating their conformity with generally accepted accounting principles. (2.1) 'Board of directors' means the formal body established by a licensee that is responsible for corporate governance and compliance with this article. (3) 'Commissioner' means the commissioner of banking and finance. (4) 'Commitment' or 'commitment agreement' means a statement by a lender required to be licensed under this article that sets forth the terms and conditions upon which the lender is willing to make a particular mortgage loan to a particular borrower. (5) 'Control,' including 'controlling,' 'controlled by,' and 'under common control with,' means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting or nonvoting securities, by contract, or otherwise. (5.1) 'Corporate governance' means the structure of a licensee and how it is managed including the corporate rules, policies, processes, and practices used to oversee and manage the licensee. (5.2) 'Covered employee' means any employee of a mortgage lender or mortgage broker who is involved in residential mortgage loan related activities for property located in Georgia and includes, but is not limited to, a mortgage loan originator, processor, or underwriter, or other employee who has access to residential mortgage loan origination, processing, or underwriting information.

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(5.3) 'Covered servicer' means a mortgage lender with a servicing portfolio of 2,000 or more residential mortgage serviced or subserviced loans as reported in the mortgage lender's Mortgage Call Report as of the most recent calendar year end, excluding whole loans owned, reverse mortgages that are serviced or subserviced for others, and loans being interim serviced prior to sale. (6) 'Department' means the Department of Banking and Finance. (7) 'Depository institution' has the same meaning as in Section 3 of the Federal Deposit Insurance Act, 12 U.S.C. Section 1813(c), and includes any credit union. (7.1) 'Disqualifying crime' means any felony, as defined in Code Section 16-1-3, involving conversion, theft, money laundering, bribery, dishonesty, false statements or omissions, perjury, extortion, breach of trust, forgery, counterfeiting, embezzlement, insider trading, tax evasion, kickbacks, identity theft, cyber attacks, social engineering, fraud, including but not limited to check fraud, credit card fraud, mortgage fraud, medical fraud, corporate fraud, bank account fraud, payment (point of sale) fraud, currency fraud, bank fraud, and securities fraud, or a felony directly related to the financial services business. (8) 'Dwelling' means a residential structure that contains one to four units, whether or not that structure is attached to real property pursuant to Regulation Z Section 226.2(a)(19). The term includes an individual condominium unit, cooperative unit, mobile home, and trailer if it is used as a residence. (9) 'Executive officer' means the chief executive officer, the president, the principal financial officer, the principal operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar managerial or supervisory functions with respect to any organization whether incorporated or unincorporated. (9.1) 'External audit' means a formal report prepared by an independent certified public accountant expressing an opinion on whether a licensee's financial statements are presented fairly, in all material aspects, in accordance with the applicable financial reporting framework, and is inclusive of an evaluation of the adequacy of a licensee's internal control structure. (10) 'Extortionate means' means the use or the threat of violence or other criminal means to cause harm to the person, reputation of the person, or property of the person. (11) 'Federal banking agencies' means the Comptroller of the Currency, the National Credit Union Administration, and the Federal Deposit Insurance Corporation. Such term shall also include the Board of Governors of the Federal Reserve System. (12) 'Georgia Residential Mortgage Act' means this article, which also includes certain provisions in order to implement the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008. (12.1) 'Government sponsored entity' means a quasi-public entity that facilitates credit access in the residential mortgage market, including but not limited to, the Federal

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National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Government National Mortgage Association. (13) 'Individual' means a natural person. (13.1) 'Interim serviced prior to sale' means the activity of collecting a limited number of contractual mortgage payments immediately after origination on loans held for sale but prior to the loans being sold into the secondary market. (13.2) 'Internal audit' means a licensee's internal activity of performing independent, objective assurance and consulting to evaluate and improve the effectiveness of the licensee's processes related to operations, risk management, internal controls, and governance. (14) 'License' means a license issued by the department under this article to act as a mortgage loan originator, mortgage lender, or mortgage broker. (14.1) 'Liquidity' means access to unrestricted cash and cash equivalents, capacity to obtain funds at a reasonable cost, and the ability to meet obligations as they become due. In the case of a licensee that services mortgage loans, such term encompasses the financial resources necessary to manage liquidity risk arising from servicing functions required in acquiring and financing mortgage servicing rights; hedging costs, including margin calls, associated with the mortgage servicing rights and financing facilities; and advances or costs of advance financing for principal, interest, taxes, insurance, and any other servicing related advances. (15) 'Loan processor or underwriter' means an individual who performs clerical or support duties as an employee at the direction of and subject to the supervision and instruction of a person licensed or exempt from licensing. For purposes of this paragraph, the term 'clerical or support duties' may include, subsequent to the receipt of an application, the receipt, collection, distribution, and analysis of information common for the processing or underwriting of a residential mortgage loan; and communicating with a consumer to obtain the information necessary for the processing or underwriting of a loan, to the extent that such communication does not include offering or negotiating loan rates or terms or counseling consumers about residential mortgage loan rates or terms. An individual engaging solely in loan processor or underwriter activities shall not represent to the public, through advertising or other means of communicating or providing information, including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that such individual can or will perform any of the activities of a mortgage loan originator. (16) 'Lock-in agreement' means a written agreement whereby a lender or a broker required to be licensed 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.

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(17) 'Makes a mortgage loan' means to advance funds, offer to advance funds, or make a commitment to advance funds to an applicant for a mortgage loan. (18) 'Misrepresent' means to make a false statement of a substantive fact. Misrepresent may also mean to intentionally engage in any conduct which leads to a false belief which is material to the transaction. (18.1) 'Mortgage-backed security' means a financial instrument, including, but not limited to, an asset backed security, that is secured by residential property.
(19)(A) 'Mortgage broker' means any person who directly or indirectly solicits, processes, places, or negotiates mortgage loans for others; offers to solicit, process, place, or negotiate mortgage loans for others; or closes mortgage loans which may be in the mortgage broker's own name with funds provided by others, and which loans are assigned to the mortgage lenders providing the funding of such loans within 24 hours of the funding. (B) The term does not include a retailer or retail broker of a manufactured or mobile home as defined in Code Section 8-2-131 or a residential industrialized building as defined in Code Section 8-2-111:
(i) Whose residential mortgage loan activities are limited to compiling and transmitting residential mortgage loan applications along with related supporting documentation to mortgage lenders who are licensed or exempt from the licensing provisions of this article or communicating with residential mortgage loan applicants as necessary to obtain additional documents that complete the residential mortgage loan application to those licensed or exempt mortgage lenders; and (ii) Who does not receive any payment or fee from any person for assisting the applicant to apply for or obtain financing to purchase the manufactured home, mobile home, or residential industrialized building. (C) The term does not include an employee of a retailer or retail broker of a manufactured or mobile home as defined in Code Section 8-2-131 or a residential industrialized building as defined in Code Section 8-2-111 who: (i) Satisfies the requirements set forth in paragraph (B) of this paragraph; (ii) Is acting within the scope of employment and under the supervision of the retailer or retail broker as an employee and not as an independent contractor; (iii) Is employed by only one such retailer or retail broker and shall be at all times eligible for employment in compliance with the provisions and prohibitions of Code Section 7-1-1004; (iv) Has not been issued a cease and desist order in the past five years if such order was based on a violation of Code Section 7-1-1002 or 7-1-1013; and (v) Has not had a mortgage lender, mortgage broker, or mortgage loan originator license revoked within the past five years. (19.1) 'Mortgage Call Report' means the quarterly or annual report of residential mortgage loan origination, servicing, and financial information completed by licensees pursuant to subsection (b) of Code Section 7-1-1004.1.

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(20) 'Mortgage lender' means any person who directly or indirectly makes, originates, underwrites, holds, or purchases mortgage loans or who services mortgage loans. (21) 'Mortgage loan' means a loan or agreement to extend credit made to a natural person, which loan is secured by a deed to secure debt, security deed, mortgage, security instrument, deed of trust, or other document representing a security interest or lien upon any interest in one-to-four family residential property located in Georgia, regardless of where made, including the renewal or refinancing of any such loan. (22) 'Mortgage loan originator' means an individual who for compensation or gain or in the expectation of compensation or gain takes a residential mortgage loan application or offers or negotiates terms of a residential mortgage loan. Generally, this does not include an individual engaged solely as a loan processor or underwriter except as otherwise provided in subsection (a.1) of Code Section 7-1-1002; a person or entity that only performs real estate brokerage activities and is licensed in accordance with Georgia law unless the person or entity is compensated by a mortgage lender, mortgage broker, or other mortgage loan originator or by any agent of such mortgage lender, mortgage broker, or other mortgage loan originator; and does not include a person or entity solely involved in extensions of credit relating to time-share plans, as that term is defined in 11 U.S.C. Section 101(53D). (22.1) 'Mortgage servicing rights' means the contractual right to service mortgage loans on behalf of the owner of the associated mortgage in exchange for specified compensation in accordance with the servicing contract. (22.2) 'Mortgage servicing rights investor' or 'master servicer' means a person that invests in and owns mortgage servicing rights and relies on subservicers to administer the loans on such person's behalf. (23) 'Nationwide Multistate Licensing System and Registry' means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of licensed mortgage loan originators, mortgage loan brokers, and mortgage loan lenders, or its successor. (23.1) 'Net worth' means:
(A) With respect to a mortgage broker or a mortgage lender that is not a covered servicer, the total equity less receivables due from related entities less goodwill and other intangibles less pledged assets; and (B) With respect to a mortgage lender that is a covered servicer, shall have the same meaning as provided in Federal Housing Finance Agency's Eligibility Requirements for Enterprise Single-Family Seller/Servicer. (24) 'Nontraditional mortgage product' means any mortgage product other than a 30 year fixed rate mortgage. (25) 'Person' means any individual, sole proprietorship, corporation, limited liability company, partnership, trust, or any other group of individuals, however organized.

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(26) 'Real estate brokerage activity' means any activity that involves offering or providing real estate brokerage services to the public, including acting as a real estate agent or real estate broker for a buyer, seller, lessor, or lessee of real property; bringing together parties interested in the sale, purchase, lease, rental, or exchange of real property; negotiating, on behalf of any party, any portion of a contract relating to the sale, purchase, lease, rental, or exchange of real property, other than in connection with providing financing with respect to any such transaction; engaging in any activity for which a person engaged in the activity is required to be registered or licensed as a real estate agent or real estate broker under any applicable law; and offering to engage in any activity or act in any capacity described herein. (27) 'Registered mortgage loan originator' means any individual who meets the definition of mortgage loan originator, is registered with and maintains a unique identifier through the Nationwide Multistate Licensing System and Registry, and is an employee of:
(A) A depository institution; (B) A subsidiary that is:
(i) Owned and controlled by a depository institution; and (ii) Regulated by a federal banking agency; or (C) An institution regulated by the Farm Credit Administration. (28) Reserved. (29) 'Residential property' means improved real property used or occupied, or intended to be used or occupied, as the primary residence of a natural person. Such term does not include rental property or second homes. A natural person can have only one primary residence. (30) 'Residential mortgage loan' means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling, as defined in 15 U.S.C. Section 1602 of the Truth in Lending Act, or residential real estate upon which is constructed or intended to be constructed a dwelling. (31) 'Residential real estate' means any real property located in Georgia upon which is constructed or intended to be constructed a dwelling. (31.1) 'Reverse mortgage' means a loan collateralized by residential real estate, typically made to borrowers over 55 years of age, that does not require contractual monthly payments and is typically repaid upon the death of the borrower through the sale of the real estate or through refinancing of the loan by the borrower's heirs. (31.2) 'Risk management assessment' means the functional evaluations of a licensee performed under a risk management program and the corresponding reports provided to the licensee's board of directors under the relevant governance framework. (31.3) 'Risk management program' means the policies and procedures of a licensee that are designed to identify, measure, monitor, and mitigate risk and that are sufficient for the level of sophistication of the licensee.

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(32) 'Service a mortgage loan' means the collection or remittance or the right to collect or remit payments of principal, interest, trust items such as insurance and taxes, and any other payments pursuant to a mortgage loan. (32.1) 'Servicer' means a person that services a mortgage loan. (32.2) 'Servicing portfolio' means the specific portfolio or portfolios of mortgage loans for which a licensee is contractually responsible to the owner or owners of the mortgage loans for the defined servicing activities. (32.3) 'Subserviced for others' means the contractual activities performed by subservicers on behalf of a servicer or a mortgage servicing rights investor. (32.4) 'Subservicer' means a person performing routine administration of mortgage loans as an agent of a servicer or mortgage serving rights investor under the terms of a subservicing contract. (33) 'Ultimate equitable owner' means a natural person who, directly or indirectly, owns or controls an ownership interest in a corporation or any other form of business organization, regardless of whether such natural person owns or controls such ownership interest through one or more natural persons or one or more proxies, powers of attorney, nominees, corporations, associations, limited liability companies, partnerships, trusts, joint-stock companies, other entities or devices, or any combination thereof. (34) 'Unique identifier' means a number or other identifier assigned by protocols established by the Nationwide Multistate Licensing System and Registry. (35) 'Whole loans' mean those loans where a mortgage and the underlying credit risk is owned and held on the balance sheet of the person with all ownership rights associated with the loans."

SECTION 14. Said title is further amended in said article by adding a new subsection to Code Section 7-1-1003, relating to applications for licenses, to read as follows:
"(d) The department may issue a notice of intent to administratively withdraw an application for a license under this article if an applicant submits a deficient license application by failing to provide any information required by the department. If the applicant fails to provide the requested information within 30 days of the date of issuance of such notice, the application may be administratively withdrawn. The notice shall be deemed provided to the applicant when:
(1) Sent via email to the applicant's email address, as provided on the application; or (2) Posted by the department on the Nationwide Multistage Licensing System and registry."

SECTION 15. Said title is further amended in said article by revising subsections (e) and (i) of Code Section 7-1-1004, relating to investigation of applicant, requirements for applicant, and denial and revocation of license, as follows:

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"(e) Upon receipt of an application for a mortgage loan originator license, the department shall conduct such investigation as it deems necessary to determine that the mortgage loan originator applicant:
(1) Has never had a mortgage loan originator license revoked in any governmental jurisdiction, except that a subsequent formal vacation of such revocation shall not be deemed a revocation; (2) Has not been convicted of, or pleaded guilty or nolo contendere to, a felony in a domestic, foreign, or military court, regardless of whether first offender treatment without adjudication of guilt was entered:
(A) Within the previous seven years; or (B) At any time, if such felony is a disqualifying crime; provided, however, that any pardon of a conviction shall not be a conviction for purposes of this subsection; (3) Has demonstrated financial responsibility, character, and general fitness such as to command the confidence of the community and to warrant a determination that the mortgage loan originator will operate honestly, fairly, and efficiently within the purposes of this article; (4) Has completed the prelicensing education requirement described in subsection (f) of this Code section; and (5) Has passed a written test that meets the test requirement described in subsection (h) of this Code section." "(i) The department shall not issue or may revoke a license if it finds that the mortgage loan originator, mortgage broker, or mortgage lender applicant or licensee, or any person who is a director, officer, partner, covered employee, or ultimate equitable owner of 10 percent or more of the mortgage broker or mortgage lender applicant or licensee or any individual who directs the affairs or establishes policy for the mortgage broker or mortgage lender applicant or licensee, has been convicted of a felony in any jurisdiction or of a crime which, if committed within this state, would constitute a felony under the laws of this state. Other than a mortgage loan originator, for the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty or nolo contendere to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury within the previous seven years or at any time, if such felony is a disqualifying crime, irrespective of the pronouncement of sentence or the suspension thereof, and regardless of whether first offender treatment without adjudication of guilt pursuant to the charge was entered, or an adjudication or sentence was otherwise withheld or not entered on the charge, unless and until such plea of guilty, or such decision, judgment, or verdict, shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or until probation, sentence, or both probation and sentence of a first offender without adjudication of guilt have been successfully completed and documented, or unless the person convicted of the crime shall have received a pardon therefor from the President of

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the United States or the governor or other pardoning authority in the jurisdiction where the conviction occurred. For purposes of subsection (e) of this Code section, a mortgage loan originator shall be deemed to have been convicted of a crime if he or she has pleaded guilty to, been found guilty of, or entered a first offender or nolo contendere plea to a felony in a domestic, foreign, or military court; provided, however, that any pardon of a conviction shall not be a conviction."

SECTION 16. Said title is further amended in said article by revising Code Section 7-1-1004.1, relating to reports of condition, as follows:
"7-1-1004.1. Each mortgage broker and mortgage lender shall submit to the Nationwide Multistate Licensing System and Registry:
(1) Reports of condition, which shall be in such form and shall contain such information as the department and the Nationwide Multistate Licensing System and Registry may require; and (2) Quarterly and annual reports of residential mortgage loan origination, servicing, and financial information in such form as required by the department and the Nationwide Multistate Licensing System and Registry."

SECTION 17. Said title is further amended in said article by revising Code Section 7-1-1010, relating to annual financial statements, as follows:
"7-1-1010. (a) Mortgage brokers shall, at least once each year, submit to the department a financial statement that is unaudited and prepared in accordance with generally accepted accounting principles and certified by the licensee; provided, however, that mortgage brokers may elect to submit to the department an audited financial statement to satisfy this requirement. In the event that the mortgage broker submits to the department an unaudited financial statement prepared in accordance with generally accepted accounting principles in lieu of an audited financial statement, the department may require the mortgage broker to have an audit of the books and affairs of the licensed business and submit to the department an audited financial statement if the department finds that such an audit is necessary to determine whether the mortgage broker is complying with the provisions of this article and the rules and regulations adopted in furtherance of this article.
(b)(1) Each mortgage lender licensed under this article shall, at least once each year, have an external audit of the books and affairs of the licensed business, including an audited financial statement, except that a mortgage lender licensed under this article which is a subsidiary shall comply with this provision by annually providing a consolidated audited financial statement of its parent company and a financial statement, which may be unaudited, of the licensee that is prepared in accordance with generally

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accepted accounting principles. The external audit and audited financial statement shall be made available to the department as required by the department except as provided in paragraph (2) of this subsection. (2) Based on the total assets of the mortgage lender, the complexity of the mortgage lender, the number of loans made by the mortgage lender, or other factors, the department may enact rules and regulations authorizing certain mortgage lenders to provide financial statements under paragraph (1) of this subsection that are unaudited. (c) The department may by regulation establish additional minimum standards for audits and reports under this Code section."

SECTION 18. Said title is further amended in said article by revising subparagraph (1)(B) of Code Section 7-1-1016, relating to regulations relative to advertising, as follows:
"(B) An advertisement shall not include an individual's loan number, loan amount, or other publicly available information unless it is clearly and conspicuously stated in boldface type at the beginning of the advertisement that the person disseminating it is not authorized by, in sponsorship with, or otherwise affiliated with the individual's lender. Such an advertisement shall also state that the loan information contained therein was not provided by the recipient's lender; and"

SECTION 19. Said title is further amended in said article by adding a new Code section to read as follows:
"7-1-1022. (a) Mortgage lenders and mortgage brokers must maintain capital, net worth, and liquidity in compliance with this Code section. For entities within a holding company or affiliated group of companies, compliance with these requirements shall be measured solely at the licensee level. (b) For the purposes of complying with the capital, net worth, and liquidity requirements of this Code section, all financial data must be reported in accordance with generally accepted accounting principles. (c) Capital, minimum net worth, and liquidity, to the extent applicable, shall be continuously maintained by licensees in the following amounts:
(1) If the licensee is a mortgage broker, then it shall maintain a net worth of at least $50,000.00; (2) If the licensee is a mortgage lender that is not a covered servicer, then it shall maintain a net worth of at least $100,000.00 and evidence of liquidity of $1 million which may include a warehouse line of credit; and (3) If the licensee is a mortgage lender that is a covered servicer, then it shall maintain capital, net worth, and liquidity that meets the Federal Housing Finance Agency Eligibility Requirements for Enterprise Single-Family Seller/Servicer, regardless of whether the covered servicer is approved for government sponsored enterprise servicing.

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(d) Mortgage lenders and mortgage brokers shall maintain written policies and procedures implementing the applicable capital, net worth, and liquidity requirements of this Code section. Such policies and procedures shall include a sustainable written methodology for satisfying the requirements of subsection (c) of this Code section and be made available to the department upon request. (e) In addition to the amounts required for liquidity under subsection (c) of this Code section, covered servicers shall maintain sufficient liquidity to cover normal business operations. (f) Mortgage lenders shall have in place sound cash management and business operating plans that match the size and sophistication of the mortgage lender to ensure normal business operations. Management shall develop, establish, and implement plans, policies, and procedures for maintaining liquidity sufficient for the ongoing operational needs of the mortgage lender. Such plans, policies, and procedures shall contain sustainable, written methodologies for maintaining sufficient liquidity for operations of the licensee and be made available to the department upon request."

SECTION 20. Said title is further amended in said article by adding a new Code section to read as follows:
"7-1-1023. (a) Mortgage brokers and mortgage lenders shall establish and maintain a board of directors. (b) Except for covered servicers that are approved to service loans by government sponsored entities and that have not been granted approval by such federal agencies for the creation of an alternative body to that of a board of directors, mortgage lenders and mortgage brokers may establish a similar body to that of the board of directors for the purpose of exercising oversight and fulfilling the board of directors' responsibilities set forth in subsection (c) of this Code section. (c) The board of directors shall be responsible for:
(1) Establishing a written corporate governance framework appropriate for the size, complexity, and risk profile of the mortgage lender or mortgage broker, including internal controls designed to monitor corporate governance and assess compliance with the corporate governance framework, and making such framework available to the department upon request; (2) Monitoring and ensuring licensee's compliance with the corporate governance framework and with the provisions of this article; and (3) Accurate and timely regulatory reporting, including the requirements for filing the Mortgage Call Report. (d) The board of directors shall establish internal audit requirements that are appropriate for the size, complexity, and risk profile of the mortgage lender or mortgage broker, with appropriate independence to provide a reliable evaluation of the licensee's internal control

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structure, risk management, and corporate governance. Such internal audit requirements and the results of internal audits shall be made available to the department upon request. (e) Mortgage lenders and mortgage brokers shall establish a risk management program appropriate for the size, complexity, and risk profile of the licensee that identifies, measures, monitors, and controls risk sufficient for the level of sophistication of the licensee. Such risk management program shall have appropriate processes and models in place to measure, monitor, and mitigate financial risks and changes to the risk profile of the licensee; be under the oversight of the board of directors; and be available to the department upon request. (f) Mortgage lenders and mortgage brokers shall conduct a risk management assessment on an annual basis concluding with a formal report to the board of directors, which shall be made available to the department upon request. Evidence of risk management activities throughout the year must be maintained and made part of the report, including findings of issues and the response to address such findings. (g) The department shall have the following authority to address risk in mortgage lenders and mortgage brokers as necessary:
(1) Where risk is determined by a formal review of a specific mortgage lender or mortgage broker to be extremely high, the department may order or direct the mortgage lender or mortgage broker to satisfy additional conditions necessary to ensure that the mortgage lender or mortgage broker will continue to operate in a safe and sound manner and remain in compliance with state and federal law, including applicable state and federal regulations; (2) Where risk is determined by a formal review of a particular or multiple mortgage lenders or mortgage brokers to be extremely low, the department may provide notice that all or part of this Code section and related rules are not applicable to those mortgage lenders or mortgage brokers; and (3) Where economic, environmental, or societal events are determined to be of such severity to warrant a temporary suspension of all or certain sections of this Code section and related rules, the department may provide public notice of such temporary suspension. (h) Mortgage brokers and mortgage lenders may utilize a third party to assist with satisfying some or all of the requirements of this Code section."

SECTION 21. Said title is further amended in Article 14, relating to foreign banking institutions, by revising paragraph (28) of Code Section 7-1-1100, relating to definitions, as follows:
"(28) 'State' means a state of the United States or the District of Columbia."

SECTION 22. Said title is further amended in said article by revising Code Section 7-1-1110, relating to service of process, as follows:

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"7-1-1110. Except as provided in Code Sections 7-1-1108, 7-1-1112, 7-1-1127, and 7-1-1135, a foreign bank operating in this state at a branch, agency, or representative office shall be subject to service of process at such location."

SECTION 23. Said title is further amended in said article by revising subsection (b) of Code Section 7-1-1111, relating to application procedures, as follows:
"(b) The department may adopt rules and regulations prescribing abbreviated application or notice procedures and standards applicable to foreign banks to establish additional Georgia state branches or Georgia state agencies that have already established an initial Georgia state branch or Georgia state agency."

SECTION 24. Said title is further amended in said article by revising subsection (b) of Code Section 7-1-1118, relating to amending license and requirements, as follows:
"(b) The requirements with respect to the form and contents of an application or notice under subsection (a) of this Code section, the manner of its execution, the issuance of an amended license, and the effect of the amended license shall be in the form and manner as required by the department."

SECTION 25. Said title is further amended in said article by revising subsection (b) of Code Section 7-1-1119, relating to act of relocating and notice, as follows:
"(b) A foreign bank shall submit a notification to the department of its intent to relocate an existing Georgia state branch or Georgia state agency no less than 30 days in advance of such relocation. The department may require an application for such relocation if the notification raises supervisory concerns."

SECTION 26. Said title is further amended in said article by revising Code Section 7-1-1121, relating to notice of uninsured deposits, as follows:
"7-1-1121. Each foreign bank licensed to establish and maintain a Georgia state branch or Georgia state agency shall give clear and conspicuous notice that deposits and credit balances in the Georgia state branch or Georgia state agency are not insured by the Federal Deposit Insurance Corporation."

SECTION 27. Said title is further amended in said article by revising Code Section 7-1-1123, relating to value of assets and deposits, minimum requirements, and reporting, as follows:

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"7-1-1123. (a) A foreign bank licensed to establish and maintain a Georgia state branch or Georgia state agency shall be required to pledge assets that are held by unaffiliated banks in this state that the foreign bank designates and the department approves, in an aggregate amount to be determined by the department, valued at the lower of principal amount or market value, consisting of:
(1) United States dollar deposits; (2) Bonds, notes, debentures, or other legally created, general obligations of a state, an agency or political subdivision of a state, the United States, or an instrumentality of the United States; (3) Securities that this state, an agency or political subdivision of this state, the United States, or an instrumentality of the United States has unconditionally agreed to purchase, insure, or guarantee; (4) Certificates of deposit, payable in the United States, and bankers' acceptances, provided that, in either case, the issuer has an adequate capacity to meet financial commitments, meaning the risk of default by the obligor is low and the full and timely repayment of principal and interest is expected, for the projected life of the asset or exposure expected; (5) Repurchase agreements; or (6) Other assets as may be permitted by rule. (b) The aggregate amount of pledged assets for each Georgia state branch or Georgia state agency established and operating under this Code section shall be not less than the greater of: (1) That amount of capital which would be required of a Georgia state bank under Code Section 7-1-410; or (2) One percent of the total liabilities of such Georgia state branch or Georgia state agency, including acceptances, but excluding accrued expenses and amounts due and other liabilities to offices, branches, agencies, affiliates, and subsidiaries of such foreign bank. Notwithstanding subsection (b) of this Code section, the department is authorized to enact rules and regulations pursuant to this article to establish a maximum dollar amount of pledged assets for certain highly rated foreign banks. For prudential or supervisory reasons, the department may require that a foreign bank has pledged assets above the minimum amount. (c) The assets pledged and the amount of the assets to be maintained under subsection (a) of this Code section are subject to the conditions and limitations the department considers necessary or desirable for the maintenance of a sound financial condition; the protection of depositors, creditors, and the public interest in this state; and the support of public confidence in the business of the Georgia state branch or Georgia state agency.

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(d) A foreign bank shall require its depository bank to segregate its pledged assets on the depository bank's books and records. The funds pledged and obligations referred to in subsection (a) of this Code section that are placed in safekeeping at a depository bank:
(1) Shall not be reduced in value below the minimum required for that Georgia state branch or Georgia state agency without the prior approval of the department, but in no event below the minimum amount required under Code Section 7-1-410; (2) Shall be maintained pursuant to an agreement prescribed by the department that shall be a written agreement entered into with the department; and (3) Shall be free from any lien, charge, right of setoff, credit, or preference in connection with any claim of the depository bank against the foreign bank. (e) Each Georgia state branch or Georgia state agency shall file with the department such reports as required by rule or regulation to determine compliance with this Code section."

SECTION 28. Said title is further amended in said article by revising Code Section 7-1-1132, relating to location and authority of offices and relocation, as follows:
"7-1-1132. A Georgia state representative office may engage in the activities authorized by this article at each location registered with the department as a representative office. A Georgia state representative office may change its location in this state by filing a notification with the department containing the street address and mailing address of the new location no less than 30 days in advance of relocation. The department may require an application for such relocation if the notification raises supervisor concerns. All relocations shall include a notice to customers posted in a conspicuous place of the affected location as well as on the bank's website at least 30 days before relocating."

SECTION 29. Said title is further amended in said article by revising Code Section 7-1-1138, relating to continuing registration, as follows:
"7-1-1138. Reserved."

SECTION 30. Said title is further amended in Article 1 of Chapter 3, relating to general provisions, by adding a new paragraph to Code Section 7-3-3, relating to definitions, as follows:
"(3.1) 'Disqualifying crime' means any felony, as defined in Code Section 16-1-3, involving conversion, theft, money laundering, bribery, dishonesty, false statements or omissions, perjury, extortion, breach of trust, forgery, counterfeiting, embezzlement, insider trading, tax evasion, kickbacks, identity theft, cyber attacks, social engineering, fraud, including but not limited to check fraud, credit, card fraud, mortgage fraud, medical fraud, corporate fraud, bank account fraud, payment (point of sale) fraud,

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currency fraud, bank fraud, and securities fraud or a felony directly related to the financial services business."

SECTION 31. Said title is further amended in Article 3 of Chapter 3, relating to licensing, by adding a new subsection to Code Section 7-3-20, relating to licensing application and fee, to read as follows:
"(c) The department may issue a notice of intent to administratively withdraw an application for a license under this article if an applicant submits a deficient license application by failing to provide any information required by the department. If the applicant fails to provide the requested information within 30 days of the date of issuance of such notice, the application may be administratively withdrawn. The notice shall be deemed provided to the applicant when:
(1) Sent via email to the applicant's email address, as provided on the application; or (2) Posted by the department on the Nationwide Multistate Licensing System and Registry."

SECTION 32. Said title is further amended in Article 5 of Chapter 3, relating to regulation by department, by revising subsection (a) of Code Section 7-3-42, relating to felony convictions and criminal background checks, as follows:
"7-3-42. (a) The department shall not issue a license and may revoke a license if it finds that the applicant or licensee or any director, trustee, owner, executive officer, or covered employee of the applicant or licensee has been convicted of a felony in any jurisdiction or of a crime which, if committed within this state, would constitute a felony under the laws of this state:
(1) Within the previous seven years; or (2) At any time, if such felony is a disqualifying crime. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty or nolo contendere to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof and regardless of whether first offender treatment without adjudication of guilt pursuant to the charge was entered or an adjudication or sentence was otherwise withheld or not entered on that charge, unless and until such plea of guilty or nolo contendere or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or until probation, sentence, or both probation and sentence of a first offender without adjudication of guilt have been successfully completed and documented or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States

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or the governor or other pardoning authority in the jurisdiction where the conviction occurred."

SECTION 33. Said title is further amended in Chapter 9, relating to Georgia merchant acquirer limited purpose bank, by revising Code Section 7-9-7, relating to investigation and requirements and procedure for background checks, as follows:
"7-9-7. (a)(1) Upon receipt of the articles of incorporation and the filings and fees from the applicant as required under this chapter, the department shall conduct such investigation as it may deem necessary to ascertain whether it should approve the proposed merchant acquirer limited purpose bank. The department shall approve the charter of a merchant acquirer limited purpose bank if it determines in its discretion that: (A) The articles of incorporation and supporting items satisfy the requirements of this chapter; (B) The character and fitness of the applicant, directors, and proposed officers are such as to warrant the belief that the business of the proposed merchant acquirer limited purpose bank will be honestly and efficiently conducted; and (C) The capital structure of the merchant acquirer limited purpose bank is adequate in relation to the amount and character of the anticipated business of the merchant acquirer limited purpose bank. (2) Within 90 days after receipt of the articles of incorporation and the filings and fees from the applicant as required by this chapter, the department shall approve or disapprove the charter of the proposed merchant acquirer limited purpose bank. The department may impose conditions to be satisfied prior to the issuance of its approval of the charter of a merchant acquirer limited purpose bank. If the department, in its discretion, approves the charter of the proposed merchant acquirer limited purpose bank with or without conditions, it shall deliver its written approval of the articles of incorporation and charter to the Secretary of State and notify the applicant of its action. If the department, in its discretion, disapproves the charter of the proposed merchant acquirer limited purpose bank, it shall notify the applicant of its disapproval of the charter and state generally the unfavorable factors influencing its decision. The decision of the department shall be conclusive, except that it may be subject to judicial review as provided in Code Section 7-1-90.
(b) No charter shall be issued if the department finds that the applicant, or any holding company, control person, director, officer, partner, or employee of the applicant, has been convicted of a felony in any jurisdiction or of a crime which, if committed within this state, would constitute a felony under the laws of this state. No control person, director, officer, partner, or employee of a merchant acquirer limited purpose bank shall have been convicted of a felony in any jurisdiction or of a crime which, if committed within this state, would constitute a felony under the laws of this state. For any merchant acquirer limited

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purpose bank that is transacting business under a charter approved by the department, the department shall have the suspension and removal powers provided for in Code Section 7-1-71 with respect to any control person, director, officer, partner, or employee of the merchant acquirer limited purpose bank who has been convicted of a felony in any jurisdiction or of a crime which, if committed within this state, would constitute a felony under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty or nolo contendere to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, and regardless of whether first offender treatment without adjudication of guilt pursuant to the charge was entered, or an adjudication or sentence was otherwise withheld or not entered on that charge, unless and until such plea of guilty or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or until probation, sentence, or both probation and sentence of a first offender have been successfully completed and documented, or unless the person convicted of the crime shall have received a pardon thereon from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction occurred. (c) As used in this Code section, the term 'conviction data' means a record of a finding, verdict, or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. The department shall be authorized to obtain conviction data with respect to any applicant, holding company, merchant acquirer limited purpose bank, or person who is a control person, director, officer, partner, or employee of the applicant or merchant acquirer limited purpose bank. Criminal history checks may be requested by the department through the Georgia Crime Information Center and the Federal Bureau of Investigation. The department shall have the authority to receive the results of such checks. Fees required for a criminal history record check by the Georgia Crime Information Center or the Federal Bureau of Investigation shall be paid by the applicant or the merchant acquirer limited purpose bank. (d) Upon request by the department, each applicant, holding company, or merchant acquirer limited purpose bank or any person who is a control person, director, officer, partner, or employee of the applicant or merchant acquirer limited purpose bank shall submit to the department fingerprints, the required records search fees, and such other information as may be required. Fees for background checks that the department administers shall be submitted to the department by applicants and merchant acquirer limited purpose banks together with fingerprints, and the department is authorized to net such fees to recover any costs incurred by the department related to running the background checks. Upon receipt of fingerprints, fees, and other required information from the department, the Georgia Crime Information Center shall promptly transmit fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and promptly conduct a search of its own records and records to which it has access.

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The Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check, or if there is no such finding. All conviction data received by the department shall be used by the department for the exclusive purpose of carrying out the responsibilities of this article, shall not be a public record, shall be confidential, and shall not be disclosed to any other person or agency except to any person or agency which otherwise has a legal right to inspect the file. All such records shall be maintained by the department pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. (e) Every applicant and merchant acquirer limited purpose bank shall be authorized and required to obtain and maintain the results of criminal background checks on employees. Such criminal background checks shall be commercial background checks. Applicants and merchant acquirer limited purpose banks shall be responsible for any applicable fees charged by the company performing the background check. An applicant or merchant acquirer limited purpose bank may only employ a person whose background data has been checked and been found to be in compliance with all lawful requirements prior to the initial date of hire. This provision does not apply to control persons, directors, officers, or partners, whose backgrounds have been investigated through the department before taking office, beginning employment, or securing ownership. The department shall be entitled to review the files of any applicant or merchant acquirer limited purpose bank to determine whether the required commercial background checks have been conducted and whether all employees are qualified. Notwithstanding the requirement that applicants and merchant acquirer limited purpose banks conduct such commercial background checks, the department shall retain the right to obtain conviction data of employees of applicants and merchant acquirer limited purpose banks. (f) Upon request by the department, an applicant or merchant acquirer limited purpose bank must take all steps necessary to have an international criminal history background check performed on any control person, director, officer, partner, or employee. The results of such international criminal history background check must be provided to the department. (g) Reserved. (h) In the event the department denies an application to charter a merchant acquirer limited purpose bank or an application to own or control a merchant acquirer limited purpose bank, the applicant may submit a new application at any time following notice of final denial. The applicant shall not be prejudiced by any prior denials by the department."

SECTION 34. Said title is further amended in said chapter by revising subsection (b) of and adding a new subsection to Code Section 7-9-12.1, relating to treatment of merchant funds, to read as follows:

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"(b) All merchant funds shall be deposited immediately and shall remain in an account at a financial institution that is federally insured and authorized to do business in this state until paid over to the individual merchant; provided, however, that nothing in this Code section shall preclude a merchant acquirer limited purpose bank from making appropriate deductions for chargebacks, fees, reserves, and other costs related to providing authorized merchant acquiring services owed by the individual merchant prior to remitting the net amount to the individual merchant. At the time of deposit into the account, the funds of the individual merchant in the account shall be deemed to be the property of the individual merchant. The merchant acquirer limited purpose bank shall maintain or cause to be maintained account records that identify individual merchants and the total amount held for each individual merchant. Such records shall be maintained in good faith and in the ordinary course of business and in a manner that can be readily ascertained. (c) Notwithstanding subsection (b) of this Code section, the department may, by regulation or otherwise, authorize the merchant acquirer limited purpose bank to receive and hold merchant funds in accordance with alternative safeguarding arrangements designed to protect merchant funds."

SECTION 35. Said title is further amended in said chapter by revising subsection (a) of Code Section 7-9-13, relating to regulation and enforcement by department and rules and regulations, as follows:
"(a) All merchant acquirer limited purpose banks chartered by the department shall be subject to supervision, regulation, and examination by the department, including, but not limited to, the examination powers as provided in Code Sections 7-1-64 through 7-1-73, and the department shall have all enforcement powers provided in this title, including, but not limited to, the enforcement powers provided in Code Section 7-1-92 and Part 7 of Article 1 of Chapter 1 of this title."

SECTION 36. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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REVENUE AND TAXATION AD VALOREM TAX; BONA FIDE CONSERVATION USE PROPERTY; REMOVE A LIMITATION ON LEASED PROPERTY AS TO CERTAIN ENTITIES.

No. 251 (House Bill No. 129).

AN ACT

To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to preferential assessment for bona fide conservation use property and bona fide residential transitional property, so as to remove a limitation on leased property as to certain entities; to amend Code Section 48-7-40.26A of the Official Code of Georgia Annotated, relating to tax credits for postproduction expenditures, so as to renew a tax credit for postproduction expenditures; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to preferential assessment for bona fide conservation use property and bona fide residential transitional property, is amended by revising subsection (b) as follows:
"(b) Except in the case of the underlying portion of a tract of real property on which is actually located a constructed storm-water wetland, the following additional rules shall apply to the qualification of conservation use property for current use assessment:
(1) When one-half or more of the area of a single tract of real property is used for a qualifying purpose, then such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the unused portion; provided, however, that such unused portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems. The lease of hunting rights or the use of the property for hunting purposes shall not constitute another type of business. The charging of admission for use of the property for fishing purposes shall not constitute another type of business;
(2)(A)(i) The owner of a tract, lot, or parcel of land totaling less than ten acres shall be required by the tax assessor to submit additional relevant records regarding proof of bona fide conservation use for qualified property that on or after May 1, 2012, is either first made subject to a covenant or is subject to a renewal of a previous covenant. The provisions of this paragraph relating to requiring additional relevant records regarding proof of bona fide conservation use shall not apply to such property if the owner of the subject property provides one or more of the following:

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(I) Proof that such owner has filed with the Internal Revenue Service a Schedule E, reporting farm related income or loss, or a Schedule F, with Form 1040, or, if applicable, a Form 4835, pertaining to such property; (II) Proof that such owner has incurred expenses for the qualifying use; or (III) Proof that such owner has generated income from the qualifying use. (ii) Prior to a denial of eligibility under this paragraph, the tax assessor shall conduct and provide proof of a visual, on-site inspection of the property. Reasonable notice shall be provided to the property owner before being allowed a visual, on-site inspection of the property by the tax assessor. (B) The owner of a tract, lot, or parcel of land totaling ten acres or more shall not be required by the tax assessor to submit additional relevant records regarding proof of bona fide conservation use for qualified property that on or after May 1, 2012, is either first made subject to a covenant or is subject to a renewal of a previous covenant; (3) No property shall qualify as bona fide conservation use property if such current use assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership, receiving in any tax year any benefit of current use assessment as to more than 2,000 acres. If any taxpayer has any beneficial interest in more than 2,000 acres of tangible real property which is devoted to bona fide conservation uses, such taxpayer shall apply for current use assessment only as to 2,000 acres of such land; (4) No property shall qualify as bona fide conservation use property if it is leased to a person or entity which would not be entitled to conservation use assessment. This paragraph shall not apply to a corporation, a partnership, a general partnership, a limited partnership, a limited corporation, or a limited liability company registered with the Secretary of State that meets the following conditions: (A)(i) Its ownership includes only natural or naturalized citizens; (ii) It has as its primary purpose the production of agricultural products or timber from or on the land, including, but not limited to, subsistence farming or commercial production; and (iii) It derives 80 percent or more of its gross income from bona fide conservation uses, including earnings on investments directly related to past or future bona fide conservation uses, within this state; or (B) At least one of its members has no less than a 25 percent ownership interest in the property being leased and would be entitled to conservation use assessment; (5) No property shall qualify as bona fide conservation use property if such property is at the time of application for current use assessment subject to a restrictive covenant which prohibits the use of the property for the specific purpose described in subparagraph (a)(1)(E) of this Code section for which bona fide conservation use qualification is sought; and (6) No otherwise qualified property shall be denied current use assessment on the grounds that no soil map is available for the county in which such property is located;

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provided, however, that, if no soil map is available for the county in which such property is located, the owner making an application for current use assessment shall provide the board of tax assessors with a certified soil survey of the subject property unless another method for determining the soil type of the subject property is authorized in writing by such board."

SECTION 2. Code Section 48-7-40.26A of the Official Code of Georgia Annotated, relating to tax credits for postproduction expenditures, is amended by revising subsections (d) and (f) as follows:
"(d) The tax credits allowed under this Code section for all postproduction companies shall be subject to the following aggregate annual caps:
(1) For taxable years beginning on or after January 1, 2026, and before January 1, 2031, the aggregate amount of tax credits allowed under this Code section shall not exceed $10 million; and (2) If the aggregate amount of tax credits claimed by taxpayers under this Code section during a year is less than the aggregate annual cap applicable to such year, the unclaimed portion of the aggregate annual cap shall be added to the aggregate annual cap applicable to the next succeeding year or years until it is fully claimed." "(f) For taxable years beginning on or after January 1, 2026, and before January 1, 2031, the postproduction company shall report to the Department of Revenue on its Georgia income tax return the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year. For purposes of this subsection, the term 'full-time employee' shall mean a person who performs a job that requires a minimum of 35 hours per week, and pays at or above the average wage earned in the county with the lowest average wage earned in this state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. Notwithstanding Code Sections 48-2-15, 48-7-60, and 48-7-61, for such taxable years, the commissioner shall annually report to the House Committee on Ways and Means and the Senate Finance Committee. The report shall include the name, tax year beginning, and monthly average number of full-time employees for each postproduction company. The first report shall be submitted by June 30, 2018, and each year thereafter by June 30."

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, 2026.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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APPEAL AND ERROR JUDGMENTS DEEMED DIRECTLY APPEALABLE; CHANGE A PROVISION.

No. 252 (House Bill No. 176).

AN ACT

To amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to change a provision relating to judgments deemed directly appealable; to change provisions relating to cases requiring application of appeal; to provide for a definition; to provide for an out-of-time remedy for certain types of postjudgment relief in criminal cases; to provide for procedure and time frames; to change provisions relating to amendments on motions for new trial; to amend Code Section 17-7-93 of the Official Code of Georgia Annotated, relating to reading of indictment or accusation, answer of accused to charge, recordation of "guilty" plea and pronouncement of judgment, withdrawn guilty pleas, and pleas by immigrants, so as to provide for a time frame regarding the withdrawal of a guilty plea; 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:

PART I SECTION 1-1.

Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by revising paragraph (1) of subsection (a) of Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, as follows:
"(1)(A) As used in this paragraph, the term 'final judgment' shall include an order in a criminal proceeding with a multiple-count indictment or accusation which results in an adjudication of fewer than all of the counts in such indictment or accusation, the remainder of which are ordered dead docketed. (B) All final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35;"

SECTION 1-2. Said title is further amended by adding a new paragraph to subsection (a) of Code Section 5-6-35, relating to cases requiring application for appeal, to read as follows:
"(5.3) Direct appeals from guilty pleas;"

SECTION 1-3. Said title is further amended by adding a new Code section to read as follows:

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"5-6-39.1. (a)(1) Notwithstanding the availability of habeas corpus relief under Article 2 of Chapter 14 of Title 9; the time limitations set forth in Code Section 5-5-40; or the time limitations related to a notice of appeal as set forth in this article, a defendant may move for leave to file an out-of-time motion for new trial or notice of appeal within 100 days from the expiration of the time period for the filing of such motion or notice: (A) With the consent of the state; (B) By showing excusable neglect; (C) By showing that the failure to timely file such motion for new trial or notice of appeal was attributable to the deficient performance of such defendant's counsel; or (D) For other good cause shown. (2) The trial court judge shall have jurisdiction to consider such motion for leave to file an out-of-time motion for new trial or notice of appeal. If the judge grants such motion, the defendant shall have 30 days to file an out-of-time motion for new trial or notice of appeal and the judge shall have the discretion to allow an extension of time for filing such motion or notice as set forth in Code Section 5-6-39. (3) An indigent defendant shall have the right to the assistance of counsel to seek any relief offered under this Code section.
(b) In a criminal case, after a judgment of conviction, a defendant whose motion seeking an out-of-time motion for new trial or notice of appeal or whose granted out-of-time motion for new trial or notice of appeal was dismissed based upon the Supreme Court's decision in Cook v. State, 313 Ga. 471 (2022), and its progeny, shall have the right to move for leave to file an out-of-time motion for new trial or notice of appeal until June 30, 2026, pursuant to subsection (a) of this Code section. Any filing made pursuant to this subsection shall not be subject to the 100-day time limitation in subsection (a) of this Code section."

PART II SECTION 2-1.

Said title is further amended by revising subsection (b) of Code Section 5-5-40, relating to time for motion for new trial generally, as follows:
"(b) The motion may be amended any time on or before the ruling thereon; provided, however, that in criminal proceedings when the defendant substantially amends his or her motion for new trial, the state shall be given ten days to respond and present evidence, or, in the discretion of the court, a longer period of time."

PART III SECTION 3-1.

Code Section 17-7-93 of the Official Code of Georgia Annotated, relating to reading of indictment or accusation, answer of accused to charge, recordation of "guilty" plea and

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pronouncement of judgment, withdrawn guilty pleas, and pleas by immigrants, is amended by adding a new subsection to read as follows:
"(d) After the entry of a guilty plea which results in a conviction, a person may file a motion to withdraw such plea within 30 days of the entry of such judgment or within the term of court in which such plea was entered, whichever is later; provided, however, that such motion to withdraw shall toll the applicable statute of limitations and statutory demand for speedy trial from the date of the plea until the resolution of the motion to withdraw."

PART IV SECTION 4-1.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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COURTS PROBATE COURTS; MODIFY CERTAIN REQUIREMENTS FOR PROBATE JUDGES.

No. 253 (House Bill No. 180).

AN ACT

To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to modify certain requirements for probate judges; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by revising Code Section 15-9-4, relating to additional judicial eligibility requirements in certain counties, as follows:

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"15-9-4. (a) No individual elected judge of the probate court in any county provided for in this Code section shall engage in the private practice of law.
(b)(1) Except as otherwise provided by subsection (c) of this Code section, in any county of this state having a population of more than 90,000 persons according to the United States decennial census of 2010 or any future such census and in which the probate court of such county meets the definition of a probate court as provided by Article 6 of this chapter, no individual shall be judge of the probate court unless at the time of qualification, in addition to the qualifications required by law, he or she:
(A) Has attained the age of 30 years; (B) Has been admitted to practice law for seven years; and (C) Is a member in good standing with the State Bar of Georgia, and has been duly reinstated to the practice of law in the event of his or her disbarment therefrom. (2) In addition to and not in lieu of the affidavit required to be filed at qualification pursuant to paragraph (2) of subsection (a) of Code Section 15-9-2, each individual offering as a candidate for the office of judge of the probate court in any county of this state to whom paragraph (1) of this subsection is applicable shall file a supplemental affidavit with the officer before whom such individual has qualified to seek the office of judge of the probate court prior to or at the time of qualifying as a candidate. The supplemental affidavit shall affirm that the individual meets all the qualifications required by subparagraphs (A), (B), and (C) of paragraph (1) of this subsection. (c) A judge of the probate court holding such office on or after June 30, 2000, shall continue to hold such office and shall be allowed to seek reelection for such office. Notwithstanding the requirement that in certain counties the judge of the probate court be admitted to practice law for seven years preceding election, no decision, judgment, ruling, or other official action of any judge of the probate court shall be overturned, denied, or overruled based solely on this requirement for qualification, election, and holding the office of judge of the probate court."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

GEORGIA LAWS 2025 SESSION

625

CRIMINAL PROCEDURE BONDS AND RECOGNIZANCES; REQUIRED INFORMATION.

No. 254 (House Bill No. 222).

AN ACT

To amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances in criminal proceedings, so as to require the inclusion of certain contact information on such bonds and recognizances; 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 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances in criminal proceedings, is amended by revising Code Section 17-6-73, relating to address of principle and surety on bond or recognizance, as follows:
"17-6-73. Every bond or recognizance given to secure the appearance of any person in any criminal proceeding shall have entered thereon the following legible information:
(a) The full name of the principal and each surety; (b) The mailing address of the principal and each surety; (c) The email address of the principal and each surety; and (d) The phone number of the principal and each surety."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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PROPERTY DISPOSSESSORY PROCEEDINGS; APPROVED PROCESS SERVERS.

No. 255 (House Bill No. 270).

AN ACT

To amend Code Section 44-7-51 of the Official Code of Georgia Annotated, relating to issuance of summons, service, time for answer, and defenses and counterclaims, so as to provide for service by an approved process server; to provide for related matters; to provide a short title; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Eviction Service Act."

SECTION 2. Code Section 44-7-51 of the Official Code of Georgia Annotated, relating to issuance of summons, service, time for answer, and defenses and counterclaims, is amended by revising subsection (a) as follows:
"(a) When the affidavit provided for in Code Section 44-7-50 is made, the judge of the superior court, the state court, or any other court with jurisdiction over the subject matter or the judge, clerk, or deputy clerk of the magistrate court shall grant and issue a summons to the sheriff or his or her deputy, any lawful constable of the county where the land is located, or an approved process server. A copy of the summons and a copy of the affidavit shall be personally served upon the defendant. If the sheriff, constable, or approved process server is unable to serve the defendant personally, service may be had by delivering the summons and the affidavit to any person who is sui juris residing on the premises or, if after reasonable effort no such person is found residing on the premises, by posting a copy of the summons and the affidavit on the door of the premises and, on the same day of such posting, by enclosing, directing, stamping, and mailing by first-class mail a copy of the summons and the affidavit to the defendant at his or her last known address, if any, and making an entry of this action on the affidavit filed in the case."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

GEORGIA LAWS 2025 SESSION

627

ELECTIONS PRESENTATION OF A DRIVER'S LICENSE IN A CERTAIN ELECTRONIC FORMAT; PROVISIONS.

No. 256 (House Bill No. 296).

AN ACT

To amend Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to presentation of proper identification to poll workers, swearing of statement when unable to produce, use of provisional ballots, and penalty for false swearing, so as to require the presentation of a Georgia driver's license as proper identification at a polling place be in a physical format; to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing, so as to require the presentation of driver's license in physical format for issuance of a fishing, hunting, or trapping license or lifetime sportsman's license; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to provide that presentation of a driver's license in a certain electronic format satisfies the requirement to possess a driver's license while operating a motor vehicle; to prohibit the compelling of a licensee to produce a wireless telecommunications device to a law enforcement officer; to require the provision of equipment and the implementation of technology capable of verifying validity of driver's licenses in such electronic formats; to amend Code Section 48-5C-1 of the Official Code of Georgia Annotated, relating to alternative ad valorem taxation of motor vehicles and title ad valorem tax fee, so as to provide for an alternative method for payment of title ad valorem tax for certain modified rental vehicles; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to presentation of proper identification to poll workers, swearing of statement when unable to produce, use of provisional ballots, and penalty for false swearing, is amended by revising subsection (a) as follows:
"(a) Except as provided in subsection (c) of this Code section, 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 Georgia driver's license in a physical format which was properly issued by the Department of Driver Services;

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(2) A valid Georgia voter identification card issued under Code Section 21-2-417.1 or other 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, provided that such identification card contains a photograph of the elector; (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 United States military identification card, provided that such identification card contains a photograph of the elector; or (6) A valid tribal identification card containing a photograph of the elector."

SECTION 2. Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing, is amended in Code Section 27-2-2, relating to issuance and sale of hunting, fishing, and trapping licenses, withdrawal of agents' authority to sell licenses, and optional participation in anatomical gift program, by revising subsection (d) as follows:
"(d) Prior to selling any license, except for a license sold over the telephone by an approved telephone license agent or over the internet by an approved internet license agent, each license agent shall require each person desiring to purchase a license to display a driver's license in a physical format or equally reliable identification of the individual and the current residence and age of such individual. In the event the department determines that a license agent has intentionally or negligently sold a resident license to a person who is a nonresident or who is underage, the department may immediately withdraw the authority of such license agent to issue and sell licenses on behalf of the department, provided that the department shall not withdraw the license agent's authority until the license agent has been given ten days' written notice of intention to withdraw authority setting forth the reason or reasons for the withdrawal and giving the license agent a hearing in the county of said agent's residence on the reasons for withdrawal."

SECTION 3. Said article is further amended in Code Section 27-2-3.1, relating to hunting licenses, sportsman's license, license card carrier requirement, and creation of lifetime sportsman's licenses, by revising subparagraph (c)(4)(A) as follows:
"(4)(A) For purposes of procuring a lifetime sportsman's license, the term 'residency' means a domicile within Georgia for a minimum of three consecutive months immediately prior to procuring such license. Satisfactory evidence of residency shall consist of a current Georgia driver's license in a physical format or official Georgia identification card issued by the Department of Driver Services; provided, however, that no license or identification card issued pursuant to Code Section 40-5-21.1 shall satisfy the requirements of this paragraph."

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SECTION 4. Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, is amended by revising Code Section 40-5-29, relating to license to be carried and exhibited on demand, as follows:
"40-5-29. (a) Every licensee shall have his or her driver's license in his or her immediate possession at all times when operating a motor vehicle. Any person who has a receipt issued by the department reflecting issuance, renewal, replacement, or reinstatement of his or her driver's license in his or her immediate possession shall be considered to have such license in his or her immediate possession if such is confirmed to be valid by the department or through the Georgia Crime Information Center. The department may establish by rule and regulation the term of such receipt. Notwithstanding the foregoing, no receipt issued by the department shall be accepted as proof of such person's identity for any other purpose, including but not limited to proof of voter identification or proof of age for purposes of purchasing alcoholic beverages.
(b)(1) Every licensee required pursuant to subsection (a) of this Code section to possess his or her license shall display his or her license upon the demand of a law enforcement officer. When records of the department indicate that the department has issued a licensee a license in an electronic format and a law enforcement officer possesses the proper equipment, such law enforcement officer shall accept such license upon a wireless telecommunications device as satisfactory proof of compliance with the requirements of this Code section. A licensee issued a license in an electronic format shall not be compelled to display an electronic format of his or her license when such licensee displays the physical format of his or her license upon the demand of a law enforcement officer. (2) Any person utilizing a wireless telecommunications device to display his or her license in electronic format in order to comply with subsection (a) of this Code section shall not be considered to have consented to a search of such device by a law enforcement officer. No person shall be compelled to release his or her wireless telecommunications device to a law enforcement officer pursuant to this Code section. (3) As used in this subsection, the term 'wireless telecommunications device' shall have the same meaning as set forth in Code Section 40-6-241. (4) By July 1, 2027, all law enforcement officers shall acquire equipment capable of verifying a license issued in an electronic format. (c) A person convicted of a violation of subsection (a) of this Code section shall be fined no more than $10.00 if he or she produces in court a license theretofore issued to him or her and valid at the time of his or her arrest."

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SECTION 5. Code Section 48-5C-1 of the Official Code of Georgia Annotated, relating to alternative ad valorem taxation of motor vehicles and title ad valorem tax fee, is amended in subsection (d) by repealing paragraph (7.1) and by adding a new paragraph to read as follows:
"(19)(A) As used in this paragraph, the term: (i) 'For-hire charter bus or motor coach' means a motor vehicle designed for carrying more than 15 passengers and used for the transportation of persons for compensation. (ii) 'Special modified rental vehicle' means a motor vehicle that has been significantly modified at a manufacturing facility in this state, provided that: (I) Such manufacturing facility is operated by the owner of such motor vehicle; (II) Such owner primarily uses such motor vehicle by renting or leasing it without a driver to businesses; (III) Such rental or lease transactions are subject to Georgia state and local sales and use taxes; and (IV) Such owner provides the department with an affidavit affirming that the vehicle has been significantly modified and that the other qualifications of this definition have been met for such vehicle.
(B) In the case of for-hire charter buses or motor coaches or special modified rental vehicles, the person applying for a certificate of title shall be required to pay title ad valorem tax fees in the amount of 50 percent of the amount which would otherwise be due and payable under this subsection at the time of filing the application for a certificate of title, and the remaining 50 percent shall be paid within 12 months following the filing of such application."

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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CIVIL PRACTICE RIDE SHARE NETWORK SERVICES; LIMITATION OF LIABILITY; CONDITIONS.

No. 257 (House Bill No. 339).

AN ACT

To amend Article 3 of Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to motor carriers, so as to exempt ride share network services from liability for actions of ride share drivers in certain instances; to revise definitions; to provide for

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conforming changes; 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 1 of Title 40 of the Official Code of Georgia Annotated, relating to motor carriers, is amended in Code Section 40-1-100, relating to definitions relative to certification of motor carriers, by revising paragraphs (6) and (12) as follows:
"(6) 'Elderly or disabled passenger' means an individual over the age of 60 years or who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, is unable to utilize mass transportation facilities as effectively as an individual who is not so affected. " "(12) 'Motor carrier' means:
(A) Every person owning, controlling, operating, or managing any motor vehicle, including the lessees, receivers, or trustees of such persons or receivers appointed by any court, used in the business of transporting for hire persons, household goods, or property or engaged in the activity of nonconsensual towing pursuant to Code Section 44-1-13 for hire over any public highway in this state. (B) Except as otherwise provided in this subparagraph, such term shall not include:
(i) Motor vehicles engaged solely in transporting school children and teachers to and from public schools and private schools; (ii) Taxicabs which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities; the provisions of this division notwithstanding, vehicles and the drivers thereof operating within the corporate limits of any city shall be subject to the safety regulations adopted by the commissioner of public safety pursuant to Code Section 40-1-8; (iii) Limousine carriers as provided for in Part 3 of this article; (iv) Hotel passenger or baggage motor vehicles when used exclusively for patrons and employees of such hotel; (v) Motor vehicles operated not for profit with a capacity of 15 persons or less when they are used exclusively to transport elderly or disabled passengers or employees under a corporate sponsored vanpool program, except that a vehicle owned by the driver may be operated for profit when such driver is traveling to and from his or her place of work, provided each such vehicle carrying more than nine passengers maintains liability insurance in an amount of not less than $100,000.00 per person and $300,000.00 per accident and $50,000.00 property damage; (vi) Motor vehicles owned and operated exclusively by the United States government or by this state or any subdivision thereof; (vii) Vehicles, owned or operated by the federal or state government or by any agency, instrumentality, or political subdivision of the federal or state government,

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or privately owned and operated for profit or not for profit, capable of transporting not more than ten persons for hire when such vehicles are used exclusively to transport elderly or disabled passengers en route to receive medical care or prescription medication or returning after receiving medical care or prescription medication; or (viii) Ambulances."

SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"40-1-201. (a) No ride share network service shall be liable under any theory of liability, including, but not limited to, vicarious or product liability, for any injury to persons or damage to property from the operation of a personal passenger car by a ride share driver by reason of owning, operating, or maintaining a digital network or internet network to connect passengers to ride share drivers for the purpose of prearranged transportation for hire or for donation, provided that:
(1) There has been no negligence or criminal misconduct by the ride share network service; (2) The ride share network service is in compliance with the requirements of this part relating to obligations to a ride share driver and any other provision otherwise required by law; and (3) The ride share network service conducts or causes to conducted a criminal background check or obtains a private background check certification as described in Code Section 40-5-39 for each ride share driver at least once every two years. (b) Any digital network or internet network used by a ride share network service shall be considered a service and shall not qualify as a product."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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633

INSURANCE EXPAND LINES OF INSURANCE OR REINSURANCE IN WHICH A LIMITED PURPOSE SUBSIDIARY AND CAPTIVE INSURANCE COMPANY MAY ENGAGE.

No. 258 (House Bill No. 348).

AN ACT

To amend Chapters 14 and 41 of Title 33 of the Official Code of Georgia Annotated, relating to domestic stock and mutual insurers and captive insurance companies, respectively, so as to expand the lines of insurance or reinsurance in which a limited purpose subsidiary and captive insurance company may engage; 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 14 of Title 33 of the Official Code of Georgia Annotated, relating to domestic stock and mutual insurers, is amended in Article 5, relating to limited purpose subsidiary insurance companies, by revising Code Section 33-14-103, relating to powers of limited purpose subsidiary, as follows:
"33-14-103. (a) As used in this Code section, the term 'sponsor' means any entity that sponsors or co-sponsors the formation of a limited purpose subsidiary or the issuances of securities by a limited purpose subsidiary or participates in a limited purpose subsidiary as an investor or otherwise assists with the raising of equity or debt for a limited purpose subsidiary. (b) A limited purpose subsidiary that is granted a certificate of authority by the Commissioner under this article:
(1) Is wholly owned by the organizing domestic reinsurer or one or more sponsors; (2) Is authorized to engage in the business of reinsurance only for the lines of insurance for which the organizing domestic reinsurer or a sponsor is authorized; and (3) May access alternative forms of financing."

SECTION 2. Chapter 41 of said title, relating to captive insurance companies, is amended in Code Section 33-41-2, relating to definitions, by revising paragraph (6) as follows:
"(6) 'Controlled unaffiliated business' means: (A) Any person: (i) That is not in the corporate system of a parent and its affiliated companies;

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(ii) That has a reinsurance, risk-sharing, or other contractual relationship with a parent or one of its affiliated companies or is a direct or indirect investor in a pure captive insurance company; and (iii) Whose risks are managed by or directly or indirectly ceded to a captive insurance company in accordance with this chapter and approved by the Commissioner; or (B) A reinsurance arrangement with other captive insurance companies that is approved by the Commissioner."

SECTION 3. Said chapter is further amended in Code Section 33-41-3, relating to permissible business and limitations, by revising subsection (a) as follows:
"(a) Subject to the provisions of subsection (c) of this Code section and the other provisions of this chapter, a captive insurance company, where permitted by its formation documents, may engage in the business of any insurance or reinsurance that the Commissioner may deem reasonable."

SECTION 4. This Act shall become effective on the first day of the month following the month in which it is approved 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 May 14, 2025.

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CONSERVATION AND NATURAL RESOURCES BOARD OF NATURAL RESOURCES; MODIFY POWERS AND DUTIES.

No. 259 (House Bill No. 351).

AN ACT

To amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding solid waste management, so as to modify the powers and duties of the Board of Natural Resources; to revise definitions; to modify solid waste permitting; to provide for submission of written verification regarding compliance with local zoning and land use regulations; to remove certain restrictions on permits; to revise provisions regarding public meetings and notice; to remove outdated terminology; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding solid waste management, is amended by revising paragraphs (16) and (37) of Code Section 12-8-22, relating to definitions, as follows:
"(16) 'Manifest' means a form or document used for identifying the quantity and composition and the origin, routing, and destination of solid waste during its transportation from the point of generation, through any intermediate points, to the point of disposal, treatment, or storage." "(37) Reserved."

SECTION 2. Said part is further amended by revising Code Section 12-8-23, relating to powers and duties of board, as follows:
"12-8-23. In the performance of its duties the board shall have and may exercise the power to:
(1) Adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this part as the board may deem necessary to provide for the control and management of solid waste to protect the environment and the health of humans. Such rules and regulations may be applicable to the state as a whole or may vary from area to area or may vary by waste characteristics, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this part. The rules and regulations may include, but shall not be limited to, the following:
(A) Rules and regulations governing and controlling solid waste handling, including measures to ensure that solid waste management practices are regulated, governed, and controlled in the public interest; (B) Rules and regulations prescribing the procedure to be followed in applying for permits and requiring the submission of such plans, specifications, verifications, and other pertinent information deemed relevant in connection with the issuance of such permits; (C) Rules and regulations concerning the establishment of permits by rule; (D) Reserved; (E) Rules and regulations governing and controlling the handling of biomedical waste; (F) Rules and regulations establishing criteria and a system of priorities for the distribution of any state funds as may be made available through a grant-in-aid program to assist financially local governmental agencies or authorities in the planning, implementing, maintaining, or operating of solid waste handling systems which are consistent with local and regional solid waste management plans;

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(G) Rules and regulations establishing procedures and requirements for the postclosure care of all solid waste disposal facilities, including but not limited to corrective action of releases, ground-water monitoring, and maintenance of final cover; (H) Rules and regulations establishing the criteria for approval, time periods for coverage, and other terms and conditions for the demonstration of financial responsibility required by this part and for the implementation of financial responsibility instruments; (I) Rules and regulations establishing qualifications for municipal solid waste disposal facility operators and certification of such operators through colleges or universities of the University System of Georgia or other organizations as may be determined acceptable by the board; (J) Rules and regulations regulating the generation, collection, processing, and disposal of scrap tires and the collection, inventory, and marketing of used tires and governing the investigation and cleanup of sites where scrap tires have been disposed regardless of the date when such disposal occurred; and (K) Rules and regulations further defining what shall or shall not constitute 'recovered materials'; and (2) Take all necessary steps to ensure the effective enforcement of this part."

SECTION 3. Said part is further amended in Code Section 12-8-24, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facility and inspection of solid waste generators, by revising subsections (a), (c), and (d), paragraph (2) of subsection (e), and subsections (g) and (h) as follows:
"(a) No person shall engage in solid waste handling in Georgia or construct or operate a solid waste handling facility in Georgia, except those individuals exempted from this part under Code Section 12-8-30.10, without first obtaining a permit from the director authorizing such activity." "(c) Reserved. (d) If the director determines that such activity will result in any violation of this part or any rule or regulation promulgated pursuant to this part, the director shall deny the permit; otherwise, the director shall issue the permit, specifying on the permit the conditions under which such activity shall be conducted; provided, however, that a public hearing shall be held by the governing authority of the county or municipality in which the municipal solid waste handling shall occur not less than two weeks prior to the issuance of any permit under this Code section and notice of such hearing shall be posted at the proposed site and advertised in a newspaper of general circulation serving the county or counties in which the proposed activity will be conducted at least 30 days prior to such hearing."
"(2) Prior to the granting of any major modification of an existing solid waste handling permit by the director, a public hearing shall be held by the governing authority of the county or municipality in which the municipal solid waste facility requesting the

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modification is located not less than two weeks prior to the issuance of any permit under this Code section and notice of such hearing shall be posted at the site of such facility and advertised in a newspaper of general circulation serving the county or counties in which such facility is located at least 30 days prior to such hearing." "(g)(1) The director shall require that an applicant for any permit for a solid waste handling facility or any major modification of an existing solid waste handling permit submit to the division written verification from an authorized official of the host local government for the facility or proposed facility or major modification that is no more than 36 months old from the date of application that:
(A) Identifies the type of facility or proposed facility; (B) Describes the location of such facility or proposed facility by tax parcel identification number or legal description; (C) Expressly states that the facility or proposed facility complies with local zoning or land use ordinances or that there are no such local zoning or land use ordinances; and (D) States that the facility or proposed facility is consistent with the local, multijurisdictional, or regional solid waste management plan developed and adopted by the host local government in accordance with the provisions of Code Section 12-8-31.1. (2) For purposes of paragraph (1) of this subsection, written verification may be executed by an administrative official or employee of the host local government only if that person has been authorized to provide the written verification by ordinance or resolution of the governing authority. In the absence of such authorization, written verification shall be executed by the chief elected official of the governing authority of the host local government. (3) Such written verification from the host local government shall constitute a determination that the facility or proposed facility or major modification is consistent with the applicable requirements of subsection (e) of Code Section 12-8-31.1. (h) No permit for a disposal facility shall be issued to any regional solid waste management authority created under Part 2 of this article, the 'Regional Solid Waste Management Authorities Act,' until local and regional solid waste management plans consistent with this part have been developed for all jurisdictions participating in such authority and are consistent with the state solid waste management plan described in subsection (c) of Code Section 12-8-31."

SECTION 4. Said part is further amended in Code Section 12-8-25.3, relating to further restrictions on sites within significant ground-water recharge area or near military air space used as bombing range, by revising subsections (a) and (b) as follows:
(a) Reserved. (b) Reserved."

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SECTION 5. Said part is further amended by revising Code Section 12-8-26, relating to public meetings on site selection, notice, and decision, as follows:
"12-8-26. (a) Any county, municipality, group of counties, or government authority beginning a process to select a site on which such county, municipality, group of counties, or government authority intends to own or operate a municipal solid waste disposal facility must first call at least one public meeting to discuss waste management needs of the local government or region and to describe the process of siting facilities to the public. Notice of this meeting shall be published within a newspaper of general circulation serving such county or municipality at least 14 days and again at least seven days immediately preceding the date of such meeting. A regional solid waste management authority created under Part 2 of this article must hold at least one meeting within each jurisdiction participating in such authority, and notice for these meetings must be published within a newspaper of general circulation serving each such jurisdiction at least 14 days and again at least seven days immediately preceding the date of such meeting. (b) Before a host local government verifies in writing that a proposed new public or private municipal solid waste disposal facility or a major modification expanding the permit boundaries of an existing facility is consistent with the local, multijurisdictional, or regional solid waste management plan adopted by the host local government and local zoning or land use ordinances, as required by subsection (g) of Code Section 12-8-24, the governing authority of the host local government shall comply with the notice and meeting requirements set forth in this part. Prior to issuing written verification, such governing authority shall cause a notice of the meeting at which the public will be informed of the proposed new facility or major modification expanding the permit boundaries of an existing facility to be published in a newspaper of general circulation serving such local government. The meeting notice shall be published at least 14 days and again at least seven days preceding the date of such meeting. The meeting notice shall identify the governing authority of the host local government jurisdiction that will conduct the meeting and shall include the time, place, and purpose of the meeting. During the meeting on the proposed new facility or major modification expanding the permit boundaries of an existing facility, the governing authority of the host local government shall inform the public of:
(1) The location of the proposed new facility or major modification expanding the permit boundaries of an existing facility; (2) The type of facility and operations proposed; and (3) The process by which such governing authority shall provide the written verification described in subsection (g) of Code Section 12-8-24."

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SECTION 6. Said part is further amended in Code Section 12-8-27.1, relating to Solid Waste Trust Fund, by revising paragraph (1) of subsection (e) as follows:
"(e)(1) If the director determines that a solid waste handling facility has been abandoned, that the owner or operator thereof has become insolvent, or that for any other reason there is a demonstrated unwillingness or inability of the owner or operator to maintain, operate, or close the facility, to carry out postclosure care of the facility, or to carry out corrective action required as a condition of a permit to the satisfaction of the director, the director may implement the applicable financial responsibility mechanisms. The proceeds from any applicable financial responsibility mechanisms shall be deposited into the Solid Waste Trust fund."

SECTION 7. Said part is further amended in Code Section 12-8-31.1, relating to local, multijurisdictional, or regional solid waste plans, reporting by cities and counties, and annual reporting requirements for landfill owners and operators, by revising subsections (a) and (d) through (h) as follows:
"(a)(1) Each city and county in Georgia shall develop or be included in a comprehensive solid waste management plan. Said plan may be developed independently as a local plan or jointly with other jurisdictions as a multijurisdictional or regional solid waste plan.
(2) Any city or county that proposes to update or amend its solid waste management plan shall publish notice of such proposed action in the county legal organ or the city's or county's website, as applicable, at least two weeks prior to adopting such update or amendment to its plan in accordance with subsection (c) of this Code section." "(d) Each city and county may report annually to the division on the status of solid waste management in the jurisdiction or may post such reports on its website. Such reports may be individual or collective in nature or, in lieu of local reports, a regional report may be filed by any of the several regional commissions for political jurisdictions within their region. The annual report may include but not be limited to: (1) The amount of solid waste collected, processed, and disposed of in the area; (2) The progress on the reduction in solid waste, as evidenced by the solid waste received at disposal facilities in the planning area since the previous reporting period and total cumulative progress made toward meeting the waste reduction goals of the state; (3) The remaining permitted capacity of disposal facilities; (4) Recycling and composting activities in existence; (5) Public information and education activities during the reporting period; and (6) Any other pertinent information as may be required. (e) Each application for a permit, major modification, grant, or loan shall include the following: (1) Certification that the facility for which a permit or major modification is sought complies with local land use or zoning requirements, if any;

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(2) Verification that the facility for which a permit, major modification, grant, or loan is sought is consistent with the applicable local, multijurisdictional, or regional solid waste management plan; and (3) Demonstration that the host local government has adopted a solid waste management plan in accordance with the requirements of subsection (c) of this Code section. (f) This Code section shall not apply to any solid waste disposal facility which is operated exclusively by a private solid waste generator on property owned by the private solid waste generator for the purpose of accepting solid waste exclusively from the private solid waste generator so long as the operation of the solid waste disposal facility does not adversely affect the public health or the environment. After commencement of operation by a private solid waste generator of a solid waste disposal facility which is permitted but not included in a local or regional solid waste management plan, an amendment into a local or regional solid waste management plan shall be required for any solid waste which is to be no longer disposed of by the private solid waste generator in its own solid waste disposal facility prior to any substantial reduction in the amount of solid waste accepted by the solid waste disposal facility or its closure. (g) It shall be the responsibility of the owner or operator of each municipal solid waste disposal facility to keep an accurate written record of all amounts of solid waste measured in tons received at the facility. Measurement in tons of solid waste received shall be accomplished by one or more of the following methods: (1) The provision of stationary or portable scales at the disposal facility for weighing incoming waste; (2) Implementation of contractual or other arrangements for the use of scales at a location other than the disposal facility for weighing all waste destined for disposal at the facility; or (3) Implementation of contractual or other arrangements for the use of scales at a location other than the disposal facility to weigh representative samples of the solid waste received at the disposal facility on a basis which is sufficiently frequent to estimate accurately the amount of solid waste received at the disposal facility. (h) The provisions of subsection (d) of this Code section notwithstanding, each public or private owner or operator of a municipal solid waste landfill shall report annually to the division on the status of solid waste management for each municipal solid waste landfill it owns or operates in this state. The annual report for each such landfill shall include but not be limited to: (1) The amount of solid waste collected, processed, and disposed of at such landfill; (2) The remaining permitted capacity of the landfill; (3) Quantities of material recycled and composted annually at such landfill; and (4) Any other pertinent information as may be required by the division."

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SECTION 8. Said part is further amended in Code Section 12-8-39, relating to cost reimbursement fees, surcharges, exempt contracts, and reporting, by revising subsection (c) as follows:
"(c) Effective January 1, 1992, when a municipal solid waste disposal facility is operated as a joint venture by more than one city or county or combination thereof, by a solid waste district, or by an authority, the cost reimbursement fee specified in this Code section shall be imposed by the joint operators, district, or authority and the cost reimbursement fee received shall be administered as outlined in subsection (b) of this Code section and shall be remitted into a restricted account established by the participating local governments."

SECTION 9. This Act shall become effective on January 1, 2026.

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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SOCIAL SERVICES "GEORGIA GESTATIONAL DIABETES MANAGEMENT ACT"; ENACT.

No. 260 (House Bill No. 352).

AN ACT

To amend Code Section 49-4-159.4 of the Official Code of Georgia Annotated, relating to coverage for continuous glucose monitors, so as to revise coverage criteria to include Medicaid recipients with gestational diabetes; to provide for related matters; to provide for a short title; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Georgia Gestational Diabetes Management Act."

SECTION 2. Code Section 49-4-159.4 of the Official Code of Georgia Annotated, relating to coverage for continuous glucose monitors, is amended by revising subsection (a) as follows:

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"(a) On and after July 1, 2025, the department shall include coverage for continuous glucose monitors as a benefit under Medicaid via the most cost-effective benefit delivery channel. The criteria for such coverage shall be updated to align with current standards of care and shall include, but shall not be limited to, requirements that:
(1) The recipient has been diagnosed with diabetes mellitus by a treating practitioner; (2) The recipient's treating practitioner has concluded that the recipient or the recipient's caregiver has had sufficient training in using a continuous glucose monitor as evidenced by the provision of a prescription therefor; and (3) The recipient:
(A) Is treated with at least one daily administration of insulin; (B) Has gestational diabetes; or (C) Has a history of problematic hypoglycemia with documentation of at least one of the following:
(i) Recurrent level 2 hypoglycemic events (glucose less than 54 mg/dL (3.0 mmol/L)) that persist despite two or more attempts to adjust medication, modify the diabetes treatment plan, or both; or (ii) A history of a level 3 hypoglycemic event (glucose less than 54 mg/dL (3.0 mmol/L)) characterized by altered mental or physical state requiring third-party assistance for treatment for hypoglycemia."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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AGRICULTURE PROHIBITING ACQUISITION OF POSSESSORY INTEREST IN CERTAIN LAND BY CERTAIN FOREIGN PERSONS AND ENTITIES; PROVIDE FOR A DEFINITION.

No. 261 (House Bill No. 358).

AN ACT

To amend Code Section 2-1-7 of the Official Code of Georgia Annotated, relating to prohibiting the acquisition of possessory interest in certain land by certain foreign persons and entities, so as to provide for a definition; 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 2-1-7 of the Official Code of Georgia Annotated, relating to prohibiting the acquisition of possessory interest in certain land by certain foreign persons and entities, is amended by adding a new paragraph to subsection (a) to read as follows:
"(2.1) 'Military installation' means a facility owned and operated by the United States Army, Air Force, Navy, Marines, Space Force, or Coast Guard that shelters military equipment and personnel and facilitates training and operations for such organizations."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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REVENUE AND TAXATION REHABILITATION OF HISTORIC STRUCTURES; REVISE TAX CREDIT.

No. 262 (House Bill No. 360).

AN ACT

To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax imposition, rate, computation, exemptions, and credits, so as to revise a tax credit for the rehabilitation of historic structures; to authorize a reduced credit to be claimed in certain taxable years for certain preapproved rehabilitations provided that a certificate of occupancy is obtained; to provide for a territory applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax imposition, rate, computation, exemptions, and credits, is amended in Code Section 48-7-29.8, relating to tax credits for the rehabilitation of historic structures, by adding a new subsection to read as follows:
"(b.1) Notwithstanding the provisions of subsections (b) and (c) of this Code section, any taxpayer that was preapproved by the commissioner to claim tax credits pursuant to this Code section for certified structures other than historic homes for tax year 2027 or 2028

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shall be authorized to claim the tax credits allowed pursuant to this Code section for a certified rehabilitation in the authorized tax year or in tax year 2026, provided that such taxpayer obtains a certificate of occupancy for such certified structure on or before July 1, 2026; provided, however, that any taxpayer that claims tax credits pursuant to this subsection in tax year 2026 shall only be allowed to claim such credits in an amount:
(A) Not to exceed 90 percent of the amount otherwise allowed pursuant to this Code section if such credit was preapproved for tax year 2027; or (B) Not to exceed 85 percent of the amount otherwise allowed pursuant to this Code section if such credit was preapproved for tax year 2028."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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COURTS GEORGIA TAX COURT; CERTAIN EVENTS; REVISE DATES.

No. 263 (House Bill No. 392).

AN ACT

To amend Chapter 5B of Title 15 of the Official Code of Georgia Annotated, relating to tax courts, so as to revise the dates for certain events regarding the Georgia Tax Court; to provide new dates for the beginning of the term and duties of the chief court judge; to provide new dates for the beginning date for accepting cases by the court; to provide for the transfer and disposition of certain cases pending before the Georgia Tax Tribunal; 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 5B of Title 15 of the Official Code of Georgia Annotated, relating to tax courts, is amended by revising subsection (b) of Code Section 15-5B-4, relating to chief court judge, as follows:
"(b)(1) The initial chief court judge shall be appointed by July 1, 2025, and approved by December 31, 2025, and the chief court judge shall serve an initial term beginning on April 1, 2026.

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(2) Beginning on April 1, 2026, such initial chief court judge may perform the administrative duties required for establishing the court and, if so, shall receive compensation as a court judge beginning on such date and for such purposes.
(3)(A) The chief court judge shall serve for a term of four years and may be reappointed for any number of consecutive terms so long as he or she meets the qualifications for appointment at the time of each appointment and shall be reappointed and reapproved in the same manner as provided for in subsection (a) of this Code section. (B) Vacancies in the office of chief court judge shall be filled by appointment and approval in the same manner as provided for in subsection (a) of this Code section. (4) The chief court judge shall be deemed to serve the geographical area of this state."

SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 15-5B-11, relating to jurisdiction of the tax court, as follows:
"(a) On and after July 1, 2026, any person may petition the court for relief as set forth in Code Sections 48-2-18, 48-2-35, 48-2-59, 48-5-519, 48-6-7, and 48-6-76 and subparagraph (d)(2)(C) of Code Section 48-7-31. The court shall have jurisdiction over actions for declaratory judgment that fall within subsection (a) of Code Section 50-13-10 and involve a rule of the state revenue commissioner that is applicable to taxes administered by the state revenue commissioner under Title 48."

SECTION 3. Said chapter is further amended by revising subsection (i) of Code Section 15-5B-12, relating to proceedings, filing procedures, service, and scheduling, as follows:
"(i)(1) All contested cases pending before the Georgia Tax Tribunal as of June 30, 2026, shall automatically transfer to the court as of July 1, 2026, and the remaining provisions of this chapter shall be applicable to such cases. (2) The court shall establish rules for the automatic transfer of any written petitions timely filed with the Georgia Tax Tribunal on or after July 1, 2026, but before December 31, 2026, in matters falling within the court's jurisdiction under subsection (a) of Code Section 15-5B-11. (3) Any petitioner with a case pending before the Georgia Tax Tribunal that does not wish for the case to be transferred to the court shall make a written demand to the Georgia Tax Tribunal not to transfer the case on or before December 31, 2025. Such written demand not to transfer shall request a hearing or other resolution that shall be concluded prior to June 30, 2026. The state revenue commissioner shall not make a request to prevent transferring a case to the court. Any case pending before the Georgia Tax Tribunal that the petitioner has requested not be transferred to the court and that is not resolved by June 30, 2026, shall be dismissed."

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SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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RETIREMENT AND PENSIONS JUDICIAL RETIREMENT SYSTEM; INCREASE RETIREMENT AGE OF SUPERIOR COURT JUDGES FIRST TAKING OFFICE ON OR AFTER JULY 1, 2026.

No. 264 (House Bill No. 406).

AN ACT

To amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to provide for the payment of monthly retirement benefits for creditable service as a superior court judge at the age of 65 years; to provide for calculation of benefits for individuals who first become members after the effective date of this Act; to provide for calculation of survivors benefits; to provide for conforming changes; 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 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, is amended by revising Code Section 47-23-45, relating to effect of change in employment, as follows:
"47-23-45. Any member of this retirement system shall be entitled to remain as a member by holding any position or office covered by the fund and shall receive full credit for all service as a member despite his or her change from one position or office to another covered by the fund. Upon becoming eligible for retirement, however, retirement benefits shall be determined in accordance with Code Sections 47-23-101, 47-23-102, and 47-23-102.1."

SECTION 2. Said chapter is further amended by revising Code Section 47-23-102, relating to vesting, benefits upon retirement, and compliance with federal income tax laws, as follows:
"47-23-102. (a) This Code section shall only apply to an individual who first became a member before the effective date of this Act.

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(b) The right of a member to receive benefits under this chapter shall vest after the member obtains ten years of creditable service; provided, however, that no member shall receive a retirement benefit prior to attaining the age of 60 years. Except as otherwise provided in Article 2 of Chapter 1 of this title, a member's accumulated contributions shall be 100 percent vested and nonforfeitable at all times. Any member retiring on or after July 1, 1996, and any member who was retired on July 1, 1996, with 16 years or more of creditable service shall receive a benefit equal to 66.66 percent, plus 1 percent for each year of creditable service over 16 years, of the member's salary; provided, however, that no member shall receive more than 24 years of creditable service. Any member retiring with less than 16 years of creditable service may retire at a reduced benefit pursuant to Code Section 47-23-103. Normal retirement age under this retirement system shall be the date the member has reached 60 years of age, provided that he or she has at least ten years of creditable service. For purposes of Section 402(1) of the federal Internal Revenue Code regarding distributions from governmental plans for health and long-term care insurance for public safety officers, normal retirement age shall be the earliest date when the member has satisfied the requirements for a retirement under this or the predecessor retirement system. Except as otherwise provided in Article 2 of Chapter 1 of this title, a member's right to his or her retirement allowance is nonforfeitable upon attainment of normal retirement age. Any member who was retired on July 1, 1996, with more than 16 years of creditable service shall receive in July, 1998, a one-time benefit payment equal to two times the product of 1 percent of the salary paid to such judge at the time of his or her retirement multiplied by the number of years of creditable service in excess of 16 years. (c) The board 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 and regulations."

SECTION 3. Said chapter is further amended by adding a new Code section to read as follows:
"47-23-102.1. (a) This Code section shall only apply to an individual who first becomes a member on or after the effective date of this Act. (b) The right of a member to receive benefits under this chapter shall vest after the member obtains ten years of creditable service; provided, however, that no member shall receive a retirement benefit prior to attaining the age of 60 years. Except as otherwise provided in Article 2 of Chapter 1 of this title, a member's accumulated contributions shall be 100 percent vested and nonforfeitable at all times. Any member retiring with 16 years or more of creditable service shall receive a benefit equal to 66.66 percent, plus 1 percent for each year of creditable service over 16 years, of the member's salary; provided, however, that no member shall receive more than 24 years of creditable service. Any member retiring

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with less than 16 years of creditable service may retire at a reduced benefit pursuant to Code Section 47-23-103. Except as provided in subsection (c) of this Code section, normal retirement age under this retirement system shall be the date the member has reached 60 years of age, provided that he or she has at least ten years of creditable service. For purposes of Section 402(1) of the federal Internal Revenue Code regarding distributions from governmental plans for health and long-term care insurance for public safety officers, normal retirement age shall be the earliest date when the member has satisfied the requirements for a retirement under this retirement system. (c) On the effective date of a member's retirement, as provided for in subsection (b) of Code Section 47-23-103, such member's monthly retirement benefit shall be calculated as follows:
(1) If a member is over the age of 65 years on his or her effective date of retirement, or has attained the age of 65 years after his or her effective date of retirement, such member shall receive the full amount of the benefit calculated pursuant to subsection (b) of this Code section; or (2) If a member has not yet attained the age of 65 years on his or her effective date of retirement, the monthly retirement benefit shall be calculated pursuant to subsection (b) of this Code section using only the years of creditable service attributable to such member's service in any covered position except for as a superior court judge. (d) The board 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 and regulations."

SECTION 4. Said chapter is further amended by revising Code Section 47-23-103, relating to retirement based on age and application to retire, as follows:
"47-23-103. (a) In lieu of retirement at the benefit level provided by Code Section 47-23-102 or 47-23-102.1, a member may retire at any time after attaining the age of 60 years and after obtaining a minimum of ten years of creditable service. The monthly retirement benefit for such early retirement shall be a percentage of either the benefit under Code Section 47-23-102 if such member first became a member before the effective date of this Act or the benefit under subsection (c) of Code Section 47-23-102.1 if such member first became a member on or after the effective date of this Act, and such percentage shall be the proportion which the number of years of creditable service the member has in the retirement system bears to 16. (b) The effective date of retirement shall be the first day of the month in which the application is received by the board of trustees, provided that no retirement shall, in any case, be effective earlier than the first day of the month following the final month of the

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applicant's employment. Applications for retirement shall not be accepted more than 90 days in advance of the effective date of retirement."

SECTION 5. Said chapter is further amended in Code Section 47-23-104, relating to disability, determination of benefits, and determining disability, as follows:
"47-23-104. (a) After obtaining a minimum of four years of creditable service, any member who becomes totally and permanently disabled to the extent that he or she is unable to perform the duties of his or her office shall be entitled to receive a disability retirement benefit which shall be one-half of the maximum retirement benefits provided by Code Section 47-23-102 or 47-23-102.1 for 16 years of service, unless the member would otherwise qualify for a greater benefit under Code Section 47-23-102 if such member first became a member before the effective date of this Act, Code Section 47-23-102.1 if such member first became a member on or after the effective date of this Act, or Code Section 47-23-103, in which event the Code section providing the highest benefit would apply. (b) After obtaining a minimum of ten years of actual service, any member who becomes totally and permanently disabled to the extent that he or she is unable to perform the duties of his or her office shall be entitled to receive a disability retirement benefit which shall be two-thirds of the maximum retirement benefits provided by Code Section 47-23-102 or 47-23-102.1. (c) The disability of any member applying for disability retirement benefits shall be determined by the board in the same manner and under the same procedure as disability of state employees is determined in accordance with the applicable provisions of the Employees' Retirement System of Georgia. Disability retirement benefits shall become effective on the first day of the month following the month the member resigns as a result of the disability."

SECTION 6. Said chapter is further amended by revising Code Section 47-23-105.1, relating to modification of retirement allowance, as follows:
"47-23-105.1. (a) The provisions of this Code section shall apply only to persons who become members of this retirement system on or after July 1, 2012. (b) A member may make a one-time election to convert the retirement allowance otherwise payable to him or her into a modified retirement allowance of equivalent actuarial value and designate a natural person to receive a survivors benefit in accordance with one of the options set forth in paragraphs (1), (2), (3), or (4) of this subsection. Such retirement allowance shall be actuarially reduced in accordance to the designated survivor's projected life span. For any member whose benefit amount is calculated pursuant to Code

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Section 47-23-102.1, such actuarial adjustment shall account for any increase in the benefit amount accruing to such member when he or she attains the age of 65 years. Such actuarial adjustment shall be computed upon the basis of the mortality tables and rates of interest last adopted by the board of trustees. Such election may be made only after the member has become eligible to retire and before the first payment of his or her retirement allowance normally becomes due. Such election shall be irrevocable except as otherwise provided in this Code section.
(1) Option one, known as the 100 percent joint and survivor option, shall consist of a reduced retirement allowance which is payable during the life of the retired member and which, upon his or her death, shall be continued at the same rate throughout the life of and paid to the designated survivor. (2) Option two, known as the 66 2/3 percent joint and survivor option, shall consist of a reduced retirement allowance which is payable during the life of the retired member and which, upon his or her death, shall be continued at the rate of two-thirds the reduced retirement allowance throughout the life of and paid to the designated survivor. (3) Option three, known as the 50 percent joint and survivor option, shall consist of a reduced retirement allowance which is payable during the life of the retired member and which, upon his or her death, shall be continued at the rate of one-half the reduced retirement allowance throughout the life of and paid to the designated survivor. (4) Option four, known as the pop-up option, shall be the election of options one, two, or three, with the added provision that in the event the designated survivor predeceases the retired member, the retirement allowance payable to the retired member after the death of the designated survivor shall be equal to the maximum retirement allowance which the retired member would have been entitled to receive under this chapter had such election not been made. (c) In the event a member is not married at the time he or she retires and the retired member does not elect a survivor's option and such member subsequently marries, the retired member may elect to begin receiving an actuarially reduced benefit of equivalent value and establish on behalf of the newly acquired spouse an option under this Code section. Such election shall be made within six months after the marriage. (d) In the event a retired member makes an election under subsection (b) of this Code section on behalf of a spouse and such spouse predeceases the retired member and the retired member subsequently remarries, the retired member may elect to begin receiving an actuarially reduced benefit of equivalent value and establish on behalf of a new designated survivor pursuant to an option under this Code section. (e) In the event a retired member makes an election under subsection (b) of this Code section on behalf of a spouse and a final judgment of complete divorce from the spouse is entered, then: (1) The retired member may elect to continue the optional allowance with the former spouse designated to receive all amounts and benefits upon the death of the retired member; or

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(2) The retired member may revoke the appointment of such spouse as a beneficiary; provided, however, that in such event the retirement benefit received by the retired member shall not increase. Such revocation may be made at any time after the entry of the final judgment of divorce. If the retired member elects to revoke the election, the spouse shall be treated in the same manner as if he or she had predeceased the retired member under subsection (d) of this Code section. (f) If an active vested member of this retirement system dies and is survived by a legal spouse, such spouse shall receive a benefit as if the member has retired on the date of his or her death, had attained the age of 65, and had elected option three."

SECTION 7. Said chapter is further amended by revising Code Section 47-23-106, relating to county supplement of salaries, as follows:
"47-23-106. (a) Whenever any county within a judicial circuit supplements the state salary paid to active superior court judges or the district attorney of said circuit, the governing authority of such county shall be authorized, but not required, to supplement the benefit being paid pursuant to this chapter to any retired superior court judge or district attorney of said circuit who is receiving benefits pursuant to this chapter or to supplement the benefit being paid pursuant to this chapter to any beneficiary of any deceased superior court judge or district attorney. (b) Whenever any county which has a state court supplements the salary of the judges or solicitors-general of such court, the governing authority of such county shall be authorized, but not required, to supplement the benefit being paid pursuant to this chapter to any retired state court judge of such court who is receiving benefits pursuant to this chapter or supplement the benefit being paid pursuant to this chapter to any beneficiary of any deceased state court judge. (c) Notwithstanding the provisions of subsection (a) or (b) of this Code section, for any single county judicial circuit where the county site is located in an unincorporated area of the county and the county governing authority has constructed one or more permanent satellite courthouses within the county, said county shall supplement the benefit amount being paid pursuant to this chapter to any district attorney who retired from such circuit. The amount of the supplement shall be determined by multiplying the benefit percentage he or she earned pursuant to Code Section 47-23-102 if such member first became a member before the effective date of this Act or Code Section 47-23-102.1 if such member first became a member on or after the effective date of this Act at retirement together with the aggregate county salary supplement being paid to the active district attorney on the date that he or she begins receiving a retirement benefit or the supplement paid to the retiring district attorney upon his or her last day of service as district attorney, whichever is greater. The supplement shall not be payable to a spouse or survivor pursuant to the provisions of Code Section 47-23-105."

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SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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INSURANCE, DEPARTMENT OF EFFICIENCY IN THE PRACTICES; PROVIDE.

No. 265 (House Bill No. 410).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for efficiency in the practices of the Department of Insurance; to revise the statutory deposit requirement for foreign insurers; to remove fees for branch licensees; to revise application requirements for a domestic stock and mutual insurer; to remove the publication requirement for application, amendments, and surrenders for such insurer; to remove such publication requirement for charters, consolidations, and mergers of fraternal benefit societies; to revise application requirements for farmers' mutual fire insurance companies; to remove the licensure requirement for agency branches; to provide for biennial renewals for agency licenses to be based on the origination month of the agency; to require a license to state the legal name of the licensee; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Chapter 3, relating to authorization and general requirements for transaction of insurance, by revising subsection (b) of Code Section 33-3-8, relating to requirements as to deposit of securities generally, as follows:
"(b)(1) Except as otherwise provided in this subsection, the amount of the deposit required under this Code section for a certificate to transact any one class of insurance shall be $100,000.00; to transact each additional class of insurance, the amount of deposit shall be $25,000.00, subject to the limitation that not more than $200,000.00 total deposit shall be required for any combination of classes. (2) As to any foreign insurer, in lieu of such deposit or part of such deposit in this state, the Commissioner shall accept the current certificate in proper form of the public official having supervision over insurers in any other state to the effect that a like deposit or part

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of like deposit by such insurer is being maintained in public custody in such state in trust for the purpose of the protection of all the insurer's policyholders. (3) As to any alien insurer, other than a title insurer, which has entered through and the United States branch of which is licensed to transact insurance in another state, in lieu of such deposit or part thereof in this state, the Commissioner shall accept the certificate of the official having supervision over insurance of such other state in the United States, given under his or her hand and seal, that the insurer maintains within the United States by way of deposits with public depositories, or in trust institutions within the United States approved by such official, assets available for discharge of its United States insurance obligations, which assets shall be in an amount not less than the outstanding liabilities of the insurer arising out of its insurance transactions in the United States together with the larger of the following sums: the largest deposit required by this title to be made in this state by any type of domestic insurer transacting like kinds of insurance or $300,000.00. (4) As to any alien insurer entering through this state to transact insurance in the United States through a United States branch, such insurer shall deposit in accordance with Chapter 12 of this title assets available for discharge of its United States insurance obligations, which assets shall be in an amount not less than the outstanding liabilities of the insurer arising out of its insurance transactions in the United States together with the larger of the following sums: the largest deposit required by this title to be made in this state by any type of domestic insurer transacting like kinds of insurance or $300,000.00."

SECTION 2. Said title is further amended in Chapter 8, relating to fees and taxes, by repealing subparagraphs (B.1) and (B.2) of paragraph (1) of Code Section 33-8-1, relating to fees and charges generally.

SECTION 3. Said title is further amended in Chapter 14, relating to domestic stock and mutual insurers, by revising Code Section 33-14-5, relating to filing of application for charter, fee, certification and publication of application, and approval or disapproval of charter, as follows:
"33-14-5. (a) The application for charter with any and all exhibits that may be included with the application shall be filed in the office of the Commissioner of Insurance and a fee of $100.00 shall be paid to the Commissioner to be paid by him or her into the state treasury. The Commissioner shall not receive the application until the fee is paid. (b) Reserved. (c) The Commissioner shall approve or disapprove the application within 45 days of the date the application is received by the Commissioner.

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(d) The Commissioner shall examine the application to determine whether the charter, if granted, will enable the insurer to comply with the applicable insurance laws of this state; and, if the Commissioner finds that the charter, if granted, will enable the insurer to comply with the applicable provisions of law for carrying on the business for which incorporation is sought, the Commissioner shall issue under his or her hand and official seal a certificate approving the granting of the charter for such insurer and shall transmit a copy of the certificate of approval to the Secretary of State. (e) If the Commissioner finds that the proposed application for a charter does not comply with the law, or that the corporation, if organized, could not meet the requirements for a certificate of authority as set forth in this chapter or any other provision of this title, the Commissioner shall refuse to approve the application for charter and shall notify the incorporators in writing, as to his or her reasons for such failure to approve; and the Commissioner shall issue under his or her hand and official seal a certificate disapproving the granting of the charter for such insurer."

SECTION 4. Said title is further amended in said chapter by revising Code Section 33-14-6, relating to grant of corporate powers and privileges, issuance of certificate of incorporation, recordation of documents, and appointment of attorney for acceptance of service of process, as follows:
"33-14-6. (a) All corporate powers and privileges to insurance companies shall be issued and granted by the Secretary of State upon the terms, liabilities, and restrictions of and subject to this title and the laws and Constitution of this state. If from any cause the Secretary of State is disqualified from issuing and granting said powers, the duties required by this title to be performed by the Secretary of State shall be performed by the Commissioner of Insurance. (b) When the certificate of the Commissioner as to his or her approval of the application for charter is received in the office of the Secretary of State, the Secretary of State shall issue to the corporation under the seal of the state a certificate of incorporation. The corporation shall not transact business as an insurer until it has applied for and received from the Commissioner a certificate of authority as provided by this title. (c) The Secretary of State shall record the application for charter, the certificate of approval of the Commissioner, and the certificate of incorporation. (d) No corporation shall directly or indirectly take risks or transact any business of insurance in this state by any agent or agents in this state until it has appointed an attorney in this state on whom process of law can be served and filed in the office of the Commissioner a written instrument duly signed and sealed certifying such appointment which shall continue until another attorney is substituted. Any process issued by any court of record in this state and served upon the attorney by the proper officer of the county in which the attorney may reside or may be found shall be deemed a sufficient service of process upon the company, but service of process upon the company may also be made in

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any other manner provided by law. Any violation of this subsection shall subject the party violating this subsection to a penalty of not less than $100.00 nor more than $500.00."

SECTION 5. Said title is further amended in said chapter by revising Code Section 33-14-8, relating to procedures for amendment or renewal of charter, as follows:
"33-14-8. (a) A domestic insurer may amend its charter for any lawful purpose by written authorization by the holders of a majority of the voting power of its outstanding capital stock, by members if a mutual insurer, or by affirmative vote of such a majority voting at a lawful meeting of stockholders or members of which the notice given to stockholders or members included prior notice of not less than ten days of the proposal to amend. (b) Upon authorization of such an amendment, the insurer shall file in the office of the Commissioner of Insurance an application asking that its charter be so amended and a fee of $50.00 shall be paid to the Commissioner to be transmitted by him or her into the state treasury; and the Commissioner shall not receive said application until said fee is paid. The application with any and all exhibits that may be included shall be filed and signed with the corporate name and under the corporate seal and shall state:
(1) The name and character of the corporation and the city and county in this state in which is located its principal place of business; (2) The date of its original charter and any and all amendments to the charter, and the date or dates of renewal of the charter; and
(3)(A) That it desires an amendment to its charter and the purpose of said amendment. (B) There shall be annexed to the application a certificate under the corporate seal of the insurer and executed by the insurer's president or vice president and attested to by the secretary or assistant secretary under the seal of the corporation, setting forth that the amendment has been authorized in writing by the holders of a majority of the voting power of the outstanding capital stock, by members if a mutual insurer, or by affirmative vote of such a majority voting at a lawful meeting of stockholders or members of which the notice given to stockholders or members included prior notice of not less than ten days of the proposal to amend. (c) The Commissioner shall approve or disapprove the application within 45 days of the date the application is received by him or her. (d) No amendment shall be granted which will reduce authorized capital of a stock insurer below the amount required by this title for the kinds of insurance thereafter to be transacted; and no amendment shall reduce the surplus of a mutual insurer below the amount required by this title for the kinds of insurance thereafter to be transacted. (e) If an amendment of the charter would reduce the authorized capital stock of a stock insurer below the amount then outstanding, the Commissioner shall not approve the amendment if he or she has reason to believe that the interest of policyholders or creditors of the insurer would be materially prejudiced by such reduction. If any reduction of capital

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stock is effectuated, the insurer may require return of the original certificates of stock held by each stockholder in exchange for new certificates for such number of shares as the stockholder is then entitled in the proportion that the reduced capital bears to the amount of capital stock outstanding as of immediately prior to the effective date of the reduction. (f) When the certificate of the Commissioner as to his or her approval of the application for amendment is received in the office of the Secretary of State, the Secretary of State shall issue to the corporation under the great seal of the state a certificate of amendment. The Secretary of State shall record the application for amendment to the charter, the certificate of approval of the Commissioner, and the certificate of amendment in a book to be kept by him or her for that purpose. (g) A petition for renewal of the charter shall follow the procedure set forth in subsections (b) through (f) of this Code section, except that the fee for filing a petition for renewal of the charter shall be $100.00."

SECTION 6. Said title is further amended in said chapter by revising subsection (b) of Code Section 33-14-24, relating to procedure for voluntary dissolution generally, effective date of dissolution, and conditions precedent to effectuation of dissolution, as follows:
"(b) If, at the special meeting or any adjournment thereof, the holders of record of stock entitled to exercise two-thirds of all the voting power on such proposal or if a mutual insurer, two-thirds of the insurer's members present or represented by proxy at the meeting shall by resolution consent that the dissolution shall take place, a copy of the resolution together with a list of the names and residences of the directors and officers certified by the president or a vice president and the secretary or an assistant secretary or the treasurer or an assistant treasurer of the insurer shall be filed with the application to surrender the charter required in Code Section 33-14-25 and a copy shall be filed for record in the office of the clerk of the superior court of the county in which the office or principal place of business of the insurer is located in this state."

SECTION 7. Said title is further amended in said chapter by revising Code Section 33-14-25, relating to procedure for surrender of charter, as follows:
"33-14-25. (a) Any insurance corporation chartered by the Secretary of State may surrender its charter upon the company filing in the office of the Commissioner of Insurance an application signed with its corporate name and under its corporate seal, stating:
(1) The name of the company and the location of its principal place of business in this state; (2) The date of its charter and all amendments thereto and the date or dates of renewal or renewals of its charter; (3) That it desires to surrender its charter and franchise to the state;

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(4) A certificate attested to by two officers of the company that the procedure required by Code Section 33-14-24 has been carried out; and (5) Any other information deemed necessary by the Commissioner of Insurance. (b) Upon receipt thereof, the Commissioner shall take such action to investigate the proposed surrender to determine if the rights of policyholders, creditors, stockholders or members, and third party claimants under liability policies of the insurer have been paid or properly provided for in a fair and equitable manner. The Commissioner shall after making his or her determination issue under his or her hand and official seal a certificate approving or disapproving the application for surrender of the charter and shall transmit a copy of such certificate of approval to the Secretary of State. If the Commissioner does not approve the application, the Commissioner shall notify the insurer in writing of his or her reasons for not approving the application for surrender of the charter. (c) The fee and other requirements set out in Code Section 33-14-5 shall be applicable to a surrender of charter under this Code section. (d) Upon receipt of the certificate of approval of the surrender from the Commissioner, the Secretary of State shall issue under the seal of the state a certificate dissolving the insurer; and the Secretary of State shall record the application, the certificate of approval of the Commissioner, and the certificate dissolving the insurer."

SECTION 8. Said title is further amended in Chapter 15, relating to fraternal benefit societies, by revising subsection (b) of Code Section 33-15-40, relating to formation of society, petition for charter, preliminary certificate of authority, advance premiums, and certificate of authority, as follows:
"(b) The petition for a charter, duly certified copies of the society's bylaws and rules, copies of all proposed forms of certificates, applications therefor, circulars to be issued by the society, and a bond conditioned upon the return to applicants of the advanced payments if the organization is not completed within one year shall be filed with the Secretary of State, who may require such further information which is deemed necessary. The bond with sureties approved by the Commissioner shall be in such amount, not less than $300,000.00 nor more than $1.5 million, as required by the Commissioner. All documents filed shall be in the English language. The Secretary of State shall transmit immediately one copy of the petition to the Commissioner and shall return one copy to the petitioner. If the purposes of the society conform to the requirements of this chapter and all provisions of the law have been complied with, the Commissioner shall so certify in writing to the Secretary of State and shall furnish the incorporators a preliminary certificate of authority authorizing the society to solicit members as hereinafter provided, but only after the granting of the certificate of incorporation by the Secretary of State."

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SECTION 9. Said title is further amended in said chapter by revising subsection (a) of Code Section 33-15-41, relating to amendment of laws, referendum, and approval of Commissioner, as follows:
"(a) A domestic society may amend its laws in accordance with the provisions thereof by action of its supreme governing body at any regular or special meeting thereof or, if its laws so provide, by referendum. Such referendum may be held in accordance with the provisions of its laws by the vote of the voting members of the society, by the vote of delegates or representatives of voting members, or by the vote of local lodges. A society may provide for voting by mail. No amendment submitted for adoption by referendum shall be adopted unless, within six months from the date of submission thereof, a majority of the members voting have signified their consent to such amendment by one of the methods specified in this Code section. Charter amendments shall be filed and approved only under the procedure established in Code Section 33-14-8."

SECTION 10. Said title is further amended in said chapter by revising subsections (a) and (e) of Code Section 33-15-44, relating to consolidations or mergers, as follows:
"(a) A domestic society may consolidate or merge with any other society by complying with the provisions of this Code section. The application, fee, and other requirements of Code Section 33-14-5 shall be applicable to a consolidation or merger under this chapter." "(e) Upon receipt of the certificate of approval of the Commissioner, the Secretary of State shall issue, under the great seal of the state, a certificate of merger, which certificate shall be the charter of the consolidated or merged society. The Secretary of State shall record the application, the contract of merger and the other documents required to be filed, the certificate of the Commissioner, and the certificate of merger in a book to be kept by him for that purpose."

SECTION 11. Said title is further amended in Chapter 16, relating to farmer's mutual fire insurance companies, by revising subsection (a) of Code Section 33-16-3, relating to procedure for incorporation of companies generally, filing and contents of application for charter, and granting of charter by Secretary of State, as follows:
"(a) Twenty or more persons a majority of whom are citizens of this state may become a body corporate for the purpose of transacting insurance upon the farmers' mutual fire insurance plan as defined in Code Section 33-16-2 by making an application for a charter signed by the persons applying for the charter or their counsel specifying:
(1) The name of the proposed corporation. The name shall contain the words 'Farmers' Mutual' and shall not be so similar to any name already used by any other corporation authorized to transact business in this state as to be confusing or misleading; (2) The purpose for which the corporation is formed;

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(3) The name of the county in this state in which the corporation will have its principal office and the names of any other counties in which it proposes to operate; (4) The name and address of each incorporator; (5) The names and addresses of those composing the board of directors of the corporation in which the management shall be vested until the first meeting of the members; and (6) Any other provisions not inconsistent with this chapter or other applicable laws as are deemed desirable by the incorporators or as may be required by the Commissioner."

SECTION 12. Said title is further amended in Chapter 23, relating to licensing, by revising subsection (a) of Code Section 33-23-3, relating to agency licensing and biennial renewals and ownership restrictions, as follows:
"(a) Each principal office of an agency shall obtain an agency license prior to commencement of operations and renew such license biennially prior to the last day of the origination month of such agency by filing application forms prescribed by the Commissioner."

SECTION 13. Said title is further amended in said chapter by revising subsection (b) of Code Section 33-23-11, relating to issuance and contents of license and display certificate of licensure, as follows:
"(b) The license shall state the legal name and address of the licensee, the date of issue, the general conditions relative to expiration or termination, the kind or kinds of insurance covered if not an insurance agency license, and the other conditions of licensing."

SECTION 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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LOCAL GOVERNMENT ENTERPRISE ZONES; REVISE CLASS OF RETAILER FROM WHICH FEES MAY BE COLLECTED.

No. 266 (House Bill No. 416).

AN ACT

To amend Chapter 88 of Title 36 of the Official Code of Georgia Annotated, relating to enterprise zones, so as to revise the class of retailer from which fees may be collected; to revise the period of existence of enterprise zones; 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 88 of Title 36 of the Official Code of Georgia Annotated, relating to enterprise zones, is amended in Code Section 36-88-6, relating to criteria for enterprise zone, by revising subsection (g) as follows:
"(g)(1) A nominated area under this subsection shall: (A) Be included in an urban redevelopment area as defined in Code Section 36-61-2; and (B) Contain within its borders the site for a redevelopment project having a minimum of $400 million in capital investment for the redevelopment of an area certified by the commissioner to have been chronically underdeveloped for a period of 20 years or more.
(2) Any nominated area meeting the criteria in paragraph (1) of this subsection may be designated as an enterprise zone. Any redevelopment project used to qualify an area for designation as an enterprise zone under this subsection shall, upon approval of such designation, qualify for an exemption of any sales and use tax levied within the boundaries of such project. (3) Any variation in the sales price of goods and services within any redevelopment project used to qualify an area for designation as an enterprise zone under this subsection attributable to lease arrangements between a retailer and the owner of the project shall be a permitted practice under Parts 1 and 2 of Article 15 of Chapter 1 of Title 10. (4) By resolution or ordinance, the local governing body designating and creating an enterprise zone under this subsection may assess and collect annual enterprise zone infrastructure fees from each retailer that is a qualifying business or service enterprise making sales transactions exempted from sales and use tax under paragraph (2) of this subsection in an amount not to exceed, in aggregate, the amount of sales and use tax on transactions of such retailer exempted under paragraph (2) of this subsection, which fees

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may be pledged by such local governing body, directly or indirectly, as security for revenue bonds issued for development or infrastructure within the enterprise zone. (5) This subsection shall not apply to projects involving or related to casino gambling."

SECTION 2. Said chapter is further amended by revising Code Section 36-88-10, relating to time limitations, as follows:
"36-88-10. An area designated as an enterprise zone shall remain in existence for ten years from the first day of the calendar year immediately following its designation as an enterprise zone; provided, however, that an area designated as an enterprise zone under subsection (g) of Code Section 36-88-6 shall remain in existence for 30 years from the first issuance of any revenue bonds issued under paragraph (4) of subsection (g) of Code Section 36-88-6 with a principal amount in excess of $100,000.00. Municipal and county governments may enter into agreements with qualifying business or service enterprises in designated enterprise zones to provide for modification or termination of the tax and fee exemptions and abatements. Property tax incentives available to a qualified business or service enterprise in an enterprise zone shall remain in effect for the full ten-year period established by Code Section 36-88-8, regardless of the termination of the designation of the enterprise zone."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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PUBLIC OFFICERS AND EMPLOYEES STATE HEALTH PLANS; HIGH DEDUCTIBLE PLANS; INCLUSION.

No. 267 (House Bill No. 422).

AN ACT

To amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefits plans, so as to require that the state employees' health insurance plan include high deductible health plans; to provide for certain employees enrolled in such high deductible health plans to have the ability to make pretax contributions to health savings accounts through deductions from the salary, wages, or other compensation payable to such employees; to authorize deductions from the salary, wages, or other

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compensation of such employees for such accounts; to encourage other governmental entities that employ other employees enrolled in such high deductible health plans to provide such other employees the ability to make pretax contributions to health savings accounts through deductions from the salary, wages, or other compensation payable to such other employees; 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 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefits plans, is amended by adding a new Code section to read as follows:
"45-18-3.1. (a) As used in this Code section, the term:
(1) 'Covered employee' means an individual described in subparagraph (A) or (D) of paragraph (2) of Code Section 45-18-1. (2) 'High deductible health plan' shall have the meaning as set forth in Section 223 of the United States Internal Revenue Code. (b) On or before January 1, 2028, the board shall ensure that at least two high deductible health plans are included in the health insurance plan or plans established under this part that are offered by different insurance providers that each have an affiliated custodian for health savings accounts authorized under Section 223 of the United States Internal Revenue Code, provided that any bid proposals accepted by the board for such high deductible health plans are cost neutral. (c) On or before January 1, 2026, the board shall ensure that each covered employee who is enrolled in a high deductible health plan that is included in the health insurance plan or plans established under this part has the ability to make pretax contributions, through deductions from the salary, wages, or other compensation payable to such covered employee, to a health savings account, as authorized under Section 223 of the United States Internal Revenue Code, that is maintained by a custodian affiliated with the health insurance provider that offers such high deductible health plan. (d) The State Accounting Office or the head of any state governmental entity that employs a covered employee who is enrolled in a high deductible health plan included in the health insurance plan or plans established under this part shall be authorized to deduct or reduce from the salary, wages, or other compensation payable to such covered employee amounts voluntarily designated by such covered employee for the purpose of making contributions to a health savings account, as authorized under Section 223 of the United States Internal Revenue Code. (e) Any governmental entity that employs individuals who do not meet the definition of a covered employee as provided in subsection (a) of this Code section but who are included in the health insurance plan or plans established under this part, including, but not limited to, any local board of education, is encouraged to ensure that any such individuals who are

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enrolled in a high deductible health plan included in the health insurance plan or plans established under this part can make pretax contributions, through deductions from the salary, wages, or other compensation payable to such individuals, to a health savings account, as authorized under Section 223 of the United States Internal Revenue Code."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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GAME AND FISH REMOVE AN EXCEPTION FOR USE OF AIR GUNS TO HUNT WILDLIFE.

No. 268 (House Bill No. 491).

AN ACT

To amend Article 1 of Chapter 3 and Article 2 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to hunting and noncommercial fishing, respectively, so as to modify an exception for the use of air guns to hunt wildlife; to revise provisions concerning the taking of catfish by bow and arrow; 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 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, is amended in Code Section 27-3-4, relating to legal weapons for hunting wildlife generally, use of silencers and suppressors prohibited, and penalty for violations, by revising paragraph (9) of subsection (a) as follows:
"(9) For purposes of this subsection, the term 'air gun' means any pistol, handgun, or shoulder-held device, each of not less than 0.30 caliber, or air bow that propels a projectile in the form of a slug, shot, or arrow equipped with a broadhead utilizing unignited compressed air or gas. Air guns are legal weapons for hunting big game only during primitive weapon hunts, primitive weapon seasons, and firearm seasons. This paragraph shall stand repealed effective July 1, 2030, unless continued in effect by the General Assembly prior to that date. At its 2030 regular session, the General Assembly shall review this paragraph to determine whether it should be continued in effect."

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SECTION 2. Article 2 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to noncommercial fishing, is amended in Code Section 27-4-34, relating to fishing with bow and arrow, by revising subsection (d) as follows:
"(d) It shall be unlawful to take any catfish species from the waters of this state by means of bow and arrow, except under the following conditions:
(1) Each person using a bow and arrow shall have on his or her person a valid state resident or nonresident fishing license; (2) All arrows used pursuant to this subsection must be equipped with barbs or contain devices on the point to act as a harpoon for recovering fish and must be attached to the person or bow by a rope, line, or cord sufficient for recovering the arrow and channel catfish or flathead catfish; (3) Arrows with poisonous or exploding heads are illegal; (4) It shall be unlawful to discharge arrows into waters nearer than 150 feet to anyone engaged in any other means of recreation; and (5) The taking of any catfish species from the waters of this state by bow and arrow shall be legal at any time of the day and at night by the use of a light."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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REVENUE AND TAXATION INCOME TAX; CATASTROPHE SAVINGS ACCOUNTS.

No. 269 (House Bill No. 511).

AN ACT

To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax imposition, rate, computation, exemptions, and credits, so as to provide for tax advantaged catastrophe savings accounts; to establish limits for contributions to and withdrawals from such accounts; to provide for tax treatment of contributions, interest, and withdrawals; to provide for definitions; to provide for rules and regulations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax imposition, rate, computation, exemptions, and credits, is amended by adding a new Code section to read as follows:
"48-7-28.5. (a) As used in this Code section, the term:
(1) 'Catastrophe savings account' means a regular savings account or money market account established by a resident taxpayer to pay for qualified catastrophe expenses. (2) 'Catastrophic event' means windstorms, cyclones, earthquakes, hurricanes, ice storms, tornadoes, high winds, floods, hail storms, and any other weather events or occurrences, provided that such event or occurrence has been declared as a disaster or emergency by the Governor. (3) 'Qualified catastrophe expenses' means:
(A) A qualified deductible paid for damage resulting from a catastrophic event; and (B) Expenses incurred in repairing or replacing damage to a taxpayer's primary residence as a result of a catastrophic event that are not covered by a homeowner's insurance policy. (4) 'Qualified deductible' means the deductible for the homeowner's insurance policy of the taxpayer covering catastrophic event damage for his or her primary residence. If such policy provides for more than one deductible, the deductible with the highest amount shall constitute the qualified deductible. (b) A taxpayer may establish one catastrophe savings account pursuant to this Code section which shall be labeled as a catastrophe savings account and shall specify that the purpose of the account is to cover qualified catastrophe expenses. No more than one catastrophe savings account pursuant to this Code section shall be established for a primary residence. (c)(1) For a taxpayer whose qualified deductible is $1,000.00 or less, the total amount that may be contributed to a catastrophe savings account shall not exceed $2,000.00. (2) For a taxpayer whose qualified deductible is greater than $1,000.00, the total amount that may be contributed to a catastrophe savings account shall not exceed the lesser of twice the amount of the taxpayer's qualified deductible or $25,000.00. (3) For a self-insured taxpayer who chooses not to obtain insurance on his or her primary residence, the total amount that may be contributed to a catastrophe savings account shall not exceed $250,000.00; provided, however, that in no case shall the amount contributed to the catastrophe savings account exceed the fair market value of the taxpayer's primary residence. (d)(1) An individual taxpayer shall be allowed a deduction from the tax imposed pursuant to this article for amounts contributed to a catastrophe savings account in accordance with this Code section. (2) All interest income earned by a catastrophe savings account in compliance with this Code section shall be exempt from the tax imposed pursuant this article.

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(3) A distribution from a catastrophe savings account shall be included in the income of the taxpayer unless the amount of the distribution is used to cover qualified catastrophe expenses; provided, however, that no such amount shall be included in the income of the taxpayer if the qualified catastrophe expenses of the taxpayer during the taxable year are equal to or greater than the aggregate distributions from such account during the taxable year. If the aggregate distributions during the taxable year from such account exceed the qualified catastrophe expenses of the taxpayer during the taxable year, the amount otherwise included in the taxpayer's income shall be reduced by the amount of the distributions for qualified catastrophe expenses and the amount of interest income earned by the catastrophe savings account. (e)(1) If a taxpayer contributes in excess of the limits provided in this Code section and claimed a deduction pursuant to subsection (d) of this Code section, the taxpayer shall withdraw the amount of the excess contributions and include that amount in the income of the taxpayer in the year of withdrawal. (2) If a taxpayer who owns a catastrophe savings account dies, his or her account shall be included in the income of the person who receives the account, unless that person is the surviving spouse of the taxpayer. Upon the death of such a surviving spouse, the amount in the account shall be included in the income of the person who receives the account. (f) The department shall promulgate any rules and regulations necessary to implement and administer the provisions of this Code section."

SECTION 2. This Act shall become effective on July 1, 2025, and shall be applicable to taxable years beginning on or after January 1, 2026.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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LOCAL GOVERNMENT CRITERIA FOR SERVICE DELIVERY STRATEGY; REVISE.

No. 270 (House Bill No. 513).

AN ACT

To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to authorize continuance of existing local ordinances related to video surveillance at gas stations; to amend Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to service delivery, so as to revise provisions related to the county share of funding for jointly funded county-wide services be borne by unincorporated residents; to provide for annual reports thereof; to provide for review and revisions to approved strategies; 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 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by revising Code Section 36-60-32, relating to video surveillance equipment at locations where the retail sale of automotive gasoline occurs, as follows:
"36-60-32. A county, municipal corporation, or consolidated government shall not require the placement of video surveillance equipment in the interior or exterior of any business or location where the retail sale of automotive gasoline, as that term is defined in Code Section 10-1-232, occurs; provided, however, that a county, municipal corporation, or consolidated government which, prior to May 6, 2024, has adopted one or more ordinances related to the placement of video surveillance equipment at any business or location where the retail sale of automotive gasoline occurs is authorized to continue regulating the placement of said video surveillance equipment pursuant to any such ordinances adopted prior to May 6, 2024."

SECTION 2. Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to service delivery, is amended by revising Code Section 36-70-24, relating to criteria for service delivery strategy, as such Code section becomes effective on January 1, 2026, as follows:

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"36-70-24. In the development of a service delivery strategy, the following criteria shall be met:
(1) The strategy shall promote the delivery of local government services in the most efficient, effective, and responsive manner. The strategy shall identify steps which will be taken to remediate or avoid overlapping and unnecessary competition and duplication of service delivery and shall identify the time frame in which such steps shall be taken. When a municipality provides a service at a higher level than the base level of service provided throughout the geographic area of the county by the county, such service shall not be considered a duplication of the county service;
(2)(A) The strategy shall provide that water or sewer fees charged to customers located outside the geographic boundaries of a service provider shall not be arbitrarily higher than the fees charged to customers receiving such service which are located within the geographic boundaries of the service provider. (B) If a governing authority disputes the reasonableness of water and sewer rate differentials imposed within its jurisdiction by another governing authority, that disputing governing authority may hold a public hearing for the purpose of reviewing the rate differential. Following the preparation of a rate study by a qualified engineer, the governing authority may challenge the arbitrary rate differentials on behalf of its residents in a court of competent jurisdiction. Prior to such challenge, the dispute shall be submitted to some form of alternative dispute resolution; (3)(A) The strategy shall ensure that the cost of any service which a county provides primarily for the benefit of the unincorporated area of the county shall be borne by the unincorporated area residents, individuals, and property owners who receive the service. Further, when the county and one or more municipalities jointly fund a county-wide service, the county share of such funding shall be borne by the unincorporated residents, individuals, and property owners that receive the service. (B) Such funding shall be derived from:
(i) Any one or more of the following sources: (I) Special service districts created by the county in which ad valorem property taxes, assessments, or user fees are levied or imposed; (II) Grants; (III) Any one or more of the following taxes and fees: solid waste franchise fees, cable franchise fees, alcohol excise taxes, alcohol licensing fees, financial institution taxes, hotel-motel taxes, occupation taxes, railroad equipment taxes, insurance premium taxes, rental car excise taxes, impact fees, stormwater fees, zoning fees, or title ad valorem taxes, but excluding any amounts of such taxes and fees to the extent such amount is derived from incorporated areas of the county; and (IV) Revenues apportioned to the county as part of an intergovernmental agreement from the county and one or more municipalities; or
(ii) Through such other mechanism agreed upon by the parties approving the strategy which complies with the intent of subparagraph (A) of this paragraph.

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(C)(i) The strategy shall require the county to provide an annual report to each party to the strategy that:
(I) Identifies the total amount of funds received by the county from the funding sources utilized under division (i) or (ii) of subparagraph (B) of this paragraph for the provision of county services provided primarily for the benefit of the unincorporated area of the county and the county's share of any countywide service funded with one or more municipalities; and (II) The total cost to the county of providing the services described in subdivision (I) of this division. (ii) The provisions of this subparagraph shall not require any party to the strategy to establish separate accounts for such funds; and (4)(A) Local governments within the same county shall, if necessary, amend their land use plans so that such plans are compatible and nonconflicting, or, as an alternative, they shall adopt a single land use plan for the unincorporated and incorporated areas of the county. (B) The provision of extraterritorial water and sewer services by any jurisdiction shall be consistent with all applicable land use plans and ordinances."

SECTION 3. Said article is further amended by revising Code Section 36-70-28, relating to review and revision of approved strategy, as such Code section becomes effective on January 1, 2026, as follows:
"36-70-28. (a) As used in this Code section, the term 'affected municipality' means the county seat and each municipality of at least 500 persons. (b) In addition to the ten-year update required by paragraph (1) of subsection (a) of Code Section 36-70-21, each county and affected municipality shall review and revise the approved strategy:
(1) Whenever necessary due to changes in revenue distribution arrangements; (2) In the event of the creation, abolition, or consolidation of local governments; (3) When the existing service delivery strategy agreement expires; and (4) Whenever the county and affected municipalities agree to revise the strategy. (b.1)(1) In the event that a change in service delivery or revenue distribution arrangements affects less than all of the local governments that are parties to the approved strategy, an amendment to the strategy limited to such changed service or services or revenue distribution arrangements between only those specific local governments may be submitted solely by the affected local governments and without the approval of the other nonimpacted county and affected municipalities in the county whose approval would otherwise be required under subsection (b) of Code Section 36-70-25. (2) Any amendments to the approved strategy or revenue distribution arrangement which affect less than all of the local governments that are parties to the approved strategy shall

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be subject to review and revision whenever the service delivery strategy affecting the county and all municipalities within the county becomes subject to review and revision under paragraph (1) of subsection (a) of Code Section 36-70-21 or subsection (b) of this Code section. (c) No amendment to Code Section 36-70-24 made by the General Assembly shall constitute an event necessitating review and revision to an approved strategy under subsection (b) of this Code section. (d) In the event that a county or an affected municipality located within the county refuses to review and revise a strategy in accordance with paragraph (2) of subsection (b) of this Code section, then any of the parties may use the mediation or nonbinding arbitration processes provided for in this article."

SECTION 4. (a) Section 1 of this Act shall become effective on July 1, 2025. (b) Sections 2 and 3 of this Act shall become effective on January 1, 2026.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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STATE GOVERNMENT AUTHORIZE COUNTY AND REGIONAL LIBRARY BOARDS TO CONDUCT MEETINGS VIA TELECONFERENCE.

No. 271 (House Bill No. 516).

AN ACT

To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to designate the Attorney General as an applicable elected representative who may approve issuance of certain private activity bonds; to establish procedures for public notices and hearings relative to such bonds; to authorize county and regional library boards and community service boards to conduct teleconference meetings under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new Code section to read as follows:
"50-1-14. The Attorney General is designated as an applicable elected representative, as provided for in 26 U.S.C. Section 147(f)(2)(E) of the Internal Revenue Code, who may approve the issuance of one or more private activity bonds to finance or refinance a state charter school facility after a public hearing following reasonable notice in accordance with 26 U.S.C. Section 147(f) of the Internal Revenue Code and applicable state and federal rules. Within 60 days of the Attorney General receiving a written request for a public hearing, he or she or his or her designee shall hold such hearing, as required by 26 U.S.C. Section 147(f) of the Internal Revenue Code. Within 30 days of such hearing, the Attorney General shall approve the issuance of private activity bonds to finance or refinance a state charter school facility if the applicable charter school is authorized by Article 31A of Chapter 2 of Title 20 and is an organization described under 26 U.S.C. Section 501(c)(3) of the Internal Revenue Code, and such state charter school facility to be financed or refinanced by such private activity bonds will be owned or principally used by such state charter school."

SECTION 2. Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to meetings open to the public, limitation on action to contest agency action, recording, notice of time and place, access to minutes, and teleconferences, is amended by revising subsection (h) as follows:
"(h)(1) The following bodies and committees thereof shall be authorized to conduct meetings by teleconference, provided that any such meeting shall be considered to be conducted in compliance with this chapter so long as the notice required by this chapter is provided and, if fewer than a quorum of the members of a body or committee thereof are physically present, means have been afforded for the public to have simultaneous access to the teleconference meeting:
(A) Development authorities created pursuant to or authorized by the provisions of Chapter 42 or Chapter 62 of Title 36, by or pursuant to Article IX, Section VI, Paragraph III of the Georgia Constitution, or by or pursuant to any amendment to the Constitution continued pursuant to the authority of Article XI, Section I, Paragraph IV of the Constitution; (B) Community improvement districts created pursuant to the provisions of Article IX, Section VII of the Georgia Constitution; (C) Hospital authorities created pursuant to Article 4 of Chapter 7 of Title 31; (D) The board of trustees or other governing body of any large retirement system as such term is defined in subsection (a) of Code Section 47-20-84; (E) The board of trustees of any county or regional public library created pursuant to Part 2 of Article 2 of Chapter 5 of Title 20; provided, however, that such meetings:

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(i) Shall be held at a physical location with at least 50 percent of the board members physically present; and (ii) Shall provide one or more methods for public viewing of such meetings and providing commentary at such meetings without being physically present at such meetings; and (F) Community service boards created pursuant to Article 1 of Chapter 2 of Title 37; provided, however, that such meetings: (i) Shall be held at a physical location with at least 50 percent of the board members physically present; and (ii) Shall provide one or more methods for public viewing of such meetings and providing commentary at such meetings without being physically present at such meetings. (2) The participation by teleconference of members of such bodies or committees thereof means full participation in the same manner as if such members were physically present. In the event such teleconference meeting is a public hearing, and if fewer than a quorum of the members of a body or committee thereof are physically present, then members of the public shall be afforded the means to participate fully in the same manner as if such members of the public were physically present."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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MOTOR VEHICLES AND TRAFFIC CONDITIONS, PROCEDURES, AND LIMITATIONS FOR ISSUANCE OF TEMPORARY OPERATING PERMITS; PROVIDE.

No. 272 (House Bill No. 551).

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for conditions, procedures, and limitations for issuance of temporary operating permits for motor vehicles; to revise provisions relative to the operation of an unregistered motor vehicle or vehicle without a current license plate, revalidation decal, county decal, or temporary operating permit; to authorize the development and maintenance by third parties of an electronic temporary operating permit issuance system for issuance of temporary operating permits; to provide for utilization of such system by dealers for issuance

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of temporary operating permits; to provide for the suspension of access to such system by the department for certain violations; to provide standards for the issuance of dealer master plates; to authorize access to certain information with the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers for certain purposes; to revise and provide for a definition; to provide for notice and hearings; to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to used motor vehicle and used motor vehicle parts dealers, so as to revise the definition of established place of business; to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to property, so as to authorize the regulation of motor vehicle immobilization operators by the Department of Public Safety; to limit the immobilization of trespassing vehicles to jurisdictions that have authorized such activity by ordinance or resolution; to provide for fees; to provide for notice requirements; to provide for licenses; to remove authority to impose a civil penalty; to amend Code Section 48-5C-1 of the Official Code of Georgia Annotated, relating to alternative ad valorem tax on motor vehicles, so as to provide for enhanced penalty for an owner of a passive entity that fails to pay alternative ad valorem tax; to provide for a definition; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-2-8, relating to operation of unregistered vehicle or vehicle without current license plate, revalidation decal, or county decal and temporary operating permit issued by dealers of new or used motor vehicles, as follows:
"40-2-8. (a) No person shall own, rent, lease, or operate any vehicle required to be registered pursuant to Code Section 40-2-20 upon a highway in this state without registering such vehicle. Any person who becomes a resident of this state shall register his or her vehicle within 30 days of becoming a resident. Any person who fails to comply with this subsection shall be guilty of a misdemeanor and punished by a fine of $100.00 for each day in which the vehicle is in violation.
(b)(1) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in this state pursuant to Code Section 40-2-20 without a valid numbered license plate properly validated with a current revalidation decal, unless such operation is otherwise permitted under this chapter; and provided, further, that the purchaser of a new vehicle or a used vehicle from a dealer of new or used motor vehicles who displays a temporary operating permit issued as provided by Code Section 40-2-8.1 may operate such vehicle on the highways of this state without a current valid license plate during the period authorized by Code Sections 40-2-8.1 and 40-2-20. An owner

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acquiring a motor vehicle from an entity that is not a new or used vehicle dealer shall register such vehicle as provided for in Code Section 40-2-29 unless such vehicle is to be registered under the International Registration Plan pursuant to Article 3A of this chapter. (2) 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 of such vehicle. (c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in this state without a valid county decal designating the county where the vehicle was last registered, unless such operation is otherwise permitted under this chapter. A county name decal shall not be required if there is no space provided for a county name decal on the current license plate. Any person convicted of a violation of this subsection shall be subject to a fine not to exceed $25.00 if that person shows to the court having jurisdiction of the offense that the proper revalidation decal had been obtained prior to the time of the offense. (d) No violation of this Code section shall have occurred upon presentation of evidence that the owner had properly applied for the registration of such vehicle, but that the license plate or revalidation decal had not been delivered to such owner at the time the uniform traffic citation was issued. (e) The commissioner is authorized to promulgate rules and regulations necessary to effectuate the provisions of this Code section."

SECTION 2. Said title is further amended by revising Code Section 40-2-8.1, relating to operation of vehicle without revalidation decal on license plate, as follows:
"40-2-8.1. (a) As used in this Code section, the term 'dealer' means any person who is engaged, in whole or in part, in the business of selling, exchanging, renting with an option to purchase, or offering an interest in motor vehicles for commission or with intent to make a profit or gain of money or other thing of value, whether or not such motor vehicles are owned by such person, and demonstrates an annual motor vehicle sales history of at least five motor vehicle sales as identified by department records or documentation approved by the department. (b) Any dealer of new or used motor vehicles shall issue a temporary operating permit without charge or fee to the purchaser of a vehicle at the time of sale thereof, unless such vehicle is to be registered under the International Registration Plan or such dealer is one whose primary business is the sale of salvage motor vehicles and other vehicles on which total loss claims have been paid by insurers. Such temporary operating permit shall be of a standard design prescribed the department; provided, however, that such permit shall not resemble a license plate issued by this state. A temporary operating permit may bear the name of the dealer and location and shall include an expiration date which shall be 45 days from the date of purchase. The expiration date of a temporary operating permit may be

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revised and extended by the county tag agent upon application by the dealer, purchaser, or transferee if an extension of the purchaser's initial registration period has been granted as provided by Code Section 40-2-20.
(c)(1) The department may provide by rule or regulation for the sale and distribution of temporary operating permits to dealers by third parties through the development and maintenance of an electronic temporary operating permit issuance system and establish standards for distribution and issuance of such permits. The department may further provide by rule or regulation for standards for authorized access to an electronic temporary operating permit issuance system, which may include, but shall not be limited to, required criminal background checks for any user of the system. Any third party authorized to sell and distribute temporary operating permits shall maintain an inventory record of such permits by number and name of the dealer.
(2)(A) The department shall be authorized to suspend access to the electronic temporary operating permit issuance system established pursuant to this Code section for any dealer found to have issued temporary operating permits for a vehicle which has not been sold or intended to be registered or otherwise violated requirements for issuance of such permits established by rule or regulation of the department after issuance of notice of such violation by electronic means and opportunity for informal review as set forth in this subparagraph. Any dealer who has received notice pursuant to this subsection of an alleged violation and for whom the department intends to suspend access to the electronic temporary operating permit issuance system may request an informal review of the allegations with the department. The method for making such request shall be developed by the department and may be by electronic means. Upon receipt of such request for informal review, the department shall, within ten business days, schedule an informal conference with such dealer to review the suspected violations. Proceedings under this subparagraph shall not be governed by any formal procedural requirements and may be conducted in such manner as the department may establish by rule or regulation. The department shall consider the historical use of the electronic temporary operating permit issuance system by the dealer under consideration for access suspension, together with other pertinent information which may be available, and shall render a decision regarding access to the electronic temporary operating permit issuance system within seven business days of the informal conference. Upon a finding that such dealer violated the requirements of this Code section or rules and regulations of the department, the department shall be authorized to impose fines or fees as provided by law. The department shall not be authorized to suspend access to the temporary operating permit system unless the department finds a dealer to be substantially out of compliance with the requirements of this Code section or the rules and regulations of the department and such dealer has failed to produce satisfactory evidence of extenuating circumstances to justify such noncompliance.

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(B) If the department suspends a dealer's access to the electronic temporary operating permit issuance system established pursuant to this Code section after an informal review held pursuant to subparagraph (A) of this paragraph, the suspended dealer shall have the right to a formal hearing to review the suspension pursuant to Code Section 40-3-6. Such hearing shall be held within 30 days of the department's decision to suspend the dealer's access to the electronic temporary operating permit issuance system and shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' At such hearing, the department may present evidence of any instances in which the suspended dealer unlawfully issued temporary operating permits or issued fraudulent temporary operating permits. Upon a finding that the suspended dealer is in compliance with the requirements of this Code section and has issued temporary operating permits predominantly for bona fide motor vehicle sales, the department shall provide for the immediate restoration of access to the electronic temporary operating permit issuance system for such dealer but shall be authorized to impose fines or fees as provided by law for failure to comply with the requirements of this chapter. Upon a finding that the suspended dealer violated the requirements of this Code section or rules and regulations of the department, the department shall be authorized to extend the term of suspension for a period of up to 24 months. Upon a finding that a dealer has unlawfully issued temporary operating permits in violation of this chapter or rules and regulations of the department, the department shall further be authorized to issue a civil monetary penalty in an amount no greater than $100.00 per violation, suspend or revoke the registration issued to a dealer pursuant to Code Section 40-2-39, and suspend, confiscate, or limit issuance of any dealer plates issued pursuant to Code Section 40-2-38 for a period of up to 24 months. The department shall comply with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' in relation to the expedited review provided for in this subparagraph and the suspended dealer shall have the right to appeal any decision of the department in accordance with such chapter. (d) The commissioner is authorized to promulgate rules and regulations necessary to effectuate the provisions of this Code section."

SECTION 3. Said title is further amended in Code Section 40-2-33, relating to issuance of license plates and decals, transfer of registration to a digital license plate, compensation of tag agents, and required identification, by revising paragraph (3) of subsection (a) as follows:
"(3) At the time of initial application for registration or at any time during the registration period, a vehicle owner may file with the county tag agent, on a form or electronic form prescribed by the commissioner, a request to have a vehicle license plate duplicated on a digital license plate purchased from a digital license plate provider. Such request to the county tag agent shall include all applicable registration fees. Upon approving the application provided in this paragraph, the commissioner or county tag agent shall furnish

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the digital license plate provider with the appropriate licensing information to be displayed upon the digital license plate. In accordance with Code Section 40-2-8.1, a 45 day temporary operating permit shall be issued by the commissioner or county tag agent to an applicant for a digital license plate until such license plate is received by the applicant."

SECTION 4. Said title is further amended in Code Section 40-2-38, relating to registration and licensing of manufacturers, distributors, and dealers and issuance of manufacturer, manufacturer headquarters, distributor, and dealer plates, by adding a new paragraph to subsection (a), revising paragraph (1) of subsection (a), and by revising subsections (c) through (f) as follows:
"(a)(.1) As used in this Code section, the term 'dealer' shall have the same meaning as set forth in Code Section 40-2-8.1. (1) Manufacturers, manufacturer headquarters, distributors, and dealers engaged in the manufacture, sale, or leasing of vehicles required to be registered under Code Section 40-2-20 shall register by electronic means with the commissioner, making application for a distinguishing number, upon forms prepared by the commissioner for such purposes, and pay therefor a fee of $62.00, which shall accompany such application. Upon payment of such fee by an applicant, the commissioner shall furnish one master number plate to expire each year in accordance with this Code section based upon the type of master number plate issued. Each additional plate issued pursuant to this Code section shall require payment of a $12.00 fee. Each master number plate and any additional plates issued pursuant to this Code section shall be distinguished from the license plates provided for in this chapter by different and distinguishing colors to be determined by the commissioner. The dealer plate for a franchise motor vehicle dealer shall be distinguishable from the dealer plate for a used car dealer and from the dealer plate for a motor vehicle wholesaler. Except as otherwise authorized by this Code section, a dealer's master number plate or additional plates issued pursuant to this Code section shall be for the purpose of demonstrating or transporting vehicles or trailers for sale or lease. Persons engaged in the business of transporting vehicles for a dealer under a vehicle's own power shall be permitted to use such dealer's plate for the purpose of transporting a vehicle." (c) The license plates issued pursuant to this Code section shall be revoked and confiscated upon a determination after a hearing that such dealer, distributor, manufacturer, or manufacturer headquarters has unlawfully used such license plates in violation of this Code section. (d) If a license plate issued pursuant to this Code section is lost or stolen, the dealer, manufacturer, distributor, manufacturer headquarters, or other party to whom the license plate was issued shall immediately report the lost or stolen plate to local law enforcement agencies. If a replacement license plate is sought, the dealer, manufacturer, distributor,

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manufacturer headquarters, or other party to whom the license plate was issued shall file a notarized affidavit with the department requesting a replacement plate. Such affidavit shall certify under penalty of perjury that the license plate has been lost or stolen and that the loss has been reported to a local law enforcement agency. (e) Except as otherwise provided for in this Code section, the expiration of a license plate issued pursuant to this Code section shall be the last day of the registration period as provided in division (a)(1)(A)(ii) of Code Section 40-2-21, except that for the purposes of this subsection, the registration period shall be determined by the first letter of the legal name of the business listed on the application for registration or renewal of registration. An application for renewal of registration shall not be submitted earlier than 90 days prior to the last day of the registration period. A penalty of 25 percent of the total registration fees due shall be assessed any person registering pursuant to this Code section who, prior to the expiration of such person's registration period, fails to apply for renewal or if having applied fails to pay the required fees."

SECTION 5. Said title is further amended in Code Section 40-2-130, relating to records of certificates of registration, by revising subsection (c) as follows:
"(c) The motor vehicle registration records which the commissioner is required to maintain under this Code section or any other provision are exempt from the provisions of any law of this state requiring that such records be open for public inspection; provided, however, that, subject to subsection (d) of this Code section, the records may be disclosed for use as provided in the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, and by:
(1) Any licensed dealer of new or used motor vehicles; (2) Any tax collector, tax receiver, or tax commissioner; (3) The director of the Environmental Protection Division of the Department of Natural Resources or his or her designee; (4) Any private person who has met the requirements of Code Section 40-2-25, provided that the information shall be used for the sole purpose of effectuating the registration or renewal of motor vehicles by electronic or similar means and that the private person requesting the information has entered into an agreement to provide electronic services to the commissioner or a county tag agent; provided, further, that the information made available pursuant to this paragraph for such purpose shall be limited to the vehicle identification number, the license tag number, the date of expiration of registration, and the amount of tax owed; (5) A person or entity authorized by the commissioner for use in providing notice to the owners of towed or impounded vehicles; and (6) The board established pursuant to Chapter 47 of Title 43 for use in carrying out its functions."

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SECTION 6. Said title is further amended in Code Section 40-3-23, relating to issuance of certificate of title, maintenance of record of certificates issued, public inspection, furnishing records for fee, and electronic format, by revising subsection (d) as follows:
"(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, subject to subsection (f) of this Code section, the records may be disclosed for use as provided in the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, and by:
(1) Any licensed dealer of new or used motor vehicles; (2) Any tax collector, tax receiver, or tax commissioner; (3) A person or entity authorized by the commissioner for use in providing notice to the owners of towed or impounded vehicles; and (4) The board established pursuant to Chapter 47 of Title 43 for carrying out its functions."

SECTION 7. Said title is further amended in Code Section 40-3-33, relating to transfer of vehicle to or from dealer, records to be kept by dealers, electronic filing, and application for title where dealer located, by revising subsections (a) and (b) and by adding new subsections to read as follows:
"(a)(1) Except as provided in paragraph (2) of this subsection, a dealer who buys a vehicle and holds it for resale need not apply to the commissioner for a new certificate of title but may retain the delivered certificate. Upon transferring the vehicle to another person other than by the creation of a security interest, such dealer shall promptly execute the assignment and warranty of title by a dealer. Such assignment and warranty shall show the names and addresses of the transferee and any holder of a security interest created or reserved at the time of the resale and the date of the security agreement, in the spaces provided therefor on the certificate or as the commissioner prescribes. Transfers of vehicles under this Code section shall otherwise conform with Code Section 40-3-32. A dealer selling a previously registered vehicle for which a certificate of title is not required under this chapter need not furnish a purchaser of such a vehicle a certificate of title. After a previously registered vehicle has been brought under the terms of this chapter, a dealer, when selling that vehicle, shall conform to all provisions of this chapter.
(2)(A) As used in this paragraph, the term 'franchise dealer' means a dealer who under a contract or franchise agreement with a manufacturer, distributor, wholesaler, or importer is authorized to sell new motor vehicles of or for such manufacturer, distributor, wholesaler, or importer and who is authorized to use trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales.

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(B) A dealer who is not a franchise dealer who acquires a vehicle for which the original certificate of title has not been issued and who holds such vehicle for resale shall not be exempt from the requirement to obtain a certificate of title in such dealer's name as provided in paragraph (1) of this subsection. Such dealer shall, as provided in Code Section 40-3-32, obtain a certificate of title in such dealer's name prior to selling or otherwise transferring said vehicle to any other person or dealer. (b) Every dealer shall maintain a record, in the form the commissioner prescribes, of every vehicle bought, sold, or exchanged or received for sale or exchange. Such record shall be kept for three years and shall be open to inspection by a representative of the commissioner during reasonable business hours. The information contained in records maintained by a dealer pursuant to this subsection shall be an accurate representation of the transaction, and no alternative versions of records shall be produced for a purchaser with information which differs from that contained in records maintained for inspection by the department." "(f) The department shall be authorized to assess a civil penalty against a dealer of up to $500.00 for each sales transaction conducted in violation of subsection (b) of this Code section. (g) The department is authorized to promulgate rules and regulations necessary to effectuate the provisions of this Code section."

SECTION 8. Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to used motor vehicle and used motor vehicle parts dealers, is amended by revising paragraph (3) as follows:
"(3) 'Established place of business' means a salesroom or sales office in a building or on an open lot of a retail used car dealership or at which a permanent business of bartering, trading, offering, displaying, selling, buying, dismantling, or rebuilding wrecked or used motor vehicles or parts is carried on, or the place at which the books, records, and files necessary to conduct such business are kept. Each such place of business shall be furnished with a working telephone listed in the name of the licensee for use in conducting the business and shall be marked by an appropriate permanent sign as prescribed by the appropriate division under this chapter. Except when at least 500 motor vehicle sales are conducted annually at such location, each such place of business shall be at least 250 square feet."

SECTION 9. Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to property, is amended in Code Section 44-1-13, relating to removal of improperly parked cars or trespassing personal property, concurrent jurisdiction, procedure, automatic surveillance prohibited, and penalty, by adding a new paragraph to subsection (a) and revising subsections (a.1), (b), and (f) as follows:

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"(1.1) 'Immobilization device' means any mechanical device designed or used to be attached to a wheel, tire, or other part of a parked motor vehicle so as to prohibit the motor vehicle's usual manner of movement or operation." "(a.1) Any person or his or her authorized agent entitled to the possession of any private property shall have the right to remove or cause to be removed from the property or immobilize or cause to be immobilized any vehicle or personal property trespassing thereon which is not authorized to be at the place where it is found and to store or cause to be stored such trespassing vehicle or personal property, provided that there shall have been conspicuously posted on the private property notice that any trespassing vehicle or personal property which is not authorized to be at the place where it is found may be immobilized or removed at the expense of the owner of the trespassing vehicle or personal property. Such notice shall also include information as to the contact information for removal of an immobilization device, the full legal names of the company conducting the immobilization and the property owner where the immobilization occurred, the fee amount for removal of an immobilization device, location where the removed vehicle or personal property can be recovered, the cost of said recovery, and information as to the form of payment; provided, however, that the owner of residential private property containing not more than four residential units shall not be required to comply with the posting requirements of this subsection. Only towing and storage firms issued permits or licenses by the local governing authority of the jurisdiction in which they operate or by the department, and having a secure impoundment facility, shall be permitted to remove trespassing vehicles and personal property at the request of the owner or authorized agent of the private property. Only persons issued a permit by the department and operating in a jurisdiction which has authorized the immobilization of trespassing vehicles by ordinance or resolution of the governing authority shall be authorized to place an immobilization device upon a trespassing vehicle. (b)(1) The department shall have the authorization to regulate and control the immobilization and towing of trespassing vehicles on private property if such immobilization or towing is performed without the prior consent or authorization of the owner or operator of the vehicle, including the authority to set just and reasonable rates, fares, and charges for services related to the immobilization, removal, storage, and required notification to owners of such vehicles. No storage fees shall be charged for the first 24 hour period which begins at the time the vehicle is removed from the property. No fees shall be allowed for the immobilization or removal and storage of vehicles by persons found to be in violation of this Code section. (2) In accordance with subsection (d) of this Code section, the governing authority of a municipality may require towing and storage firms to charge lower maximum rates on traffic moving between points within such municipality than those provided by the department's maximum rate tariff and may require higher public liability insurance limits and cargo insurance limits than those required by the department. The governing

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authority of a municipality shall not provide for higher maximum costs of immobilization, removal, relocation, or storage than is provided for by the department." "(f) It shall be unlawful and punishable by a fine of $1,000.00 for any towing and storage firm, permitted or unpermitted, licensed or unlicensed, to enter into any agreement with any person in possession of private property to provide automatic or systematic surveillance of such property for purposes of removal and relocation of any trespassing vehicle or personal property except upon call by such person in possession of such private property to such towing and storage firm for each individual case of trespass; provided, further, that it shall be unlawful and punishable by a fine of $1,000.00 for any person to pay to any private property owner or one in possession of private property any fee or emolument, directly or indirectly, for the right to immobilize or remove a trespassing vehicle or personal property from said private property."

SECTION 10. Code Section 48-5C-1 of the Official Code of Georgia Annotated, relating to alternative ad valorem tax on motor vehicles, is amended by adding a new paragraph to subsection (a), by revising paragraph (9) of subsection (d), and by adding a new subsection to read as follows:
"(3.1) 'Passive entity' means a person, other than an individual, formed under the laws of another state that does not have an established place of business in this state, owns no real property, and conducts no trade or business other than the holding of assets for investment and income."
"(9)(A) Any owner of any motor vehicle who fails to submit within 30 days of the date such owner is required by law to register such vehicle in this state an application for a first certificate of title under Code Section 40-3-21 or a certificate of title under Code Section 40-3-32 shall be required to pay a penalty in the amount of 10 percent of the state title ad valorem tax fees and 10 percent of the local title ad valorem tax fees required under this Code section and, if such state and local title ad valorem tax fees and the penalty are not paid within 60 days following the date such owner is required by law to register such vehicle, interest at the rate of 1 percent per month shall be imposed on the state and local title ad valorem tax fees due under this Code section, unless a temporary permit has been issued by the tax commissioner. The tax commissioner shall grant a temporary permit in the event the failure to timely apply for a first certificate of title is due to the failure of a lienholder to comply with Code Section 40-3-56, regarding release of a security interest or lien, and no penalty or interest shall be assessed. Such penalty and interest shall be in addition to the penalty and fee required under Code Section 40-3-21 or 40-3-32, as applicable. (B) The penalties provided for in subparagraph (A) of this paragraph shall be double for any resident of this state who owns at least 50 percent of a passive entity that owns a motor vehicle that fails to submit within 60 days of the date such owner is required by law to register such vehicle in this state an application for a first certificate of title

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under Code Section 40-3-21 or a certificate of title under Code Section 40-3-32 and register such vehicle." "(h) The commissioner shall be authorized in his or her sole discretion to share information obtained for purposes of this Code section with the board established pursuant to Chapter 47 of Title 43. Any confidential information furnished pursuant to this Code section shall retain its character as confidential. Any person who divulges confidential information obtained pursuant to this Code section shall be subject to the same penalties as those provided for divulgence of information by employees of the department."

SECTION 11. This Act shall become effective on January 1, 2026.

SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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HIGHWAYS, BRIDGES, AND FERRIES TRANSPORTATION, DEPARTMENT OF AUTHORIZE NOTICE OF CERTAIN PUBLIC HEARINGS BY ELECTRONIC PUBLICATION.

No. 273 (House Bill No. 575).

AN ACT

To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to authorize notice of certain public hearings by the Department of Transportation by electronic publication; to authorize such department to negotiate the acquisition of common property of a condominium association or property owners' association with the designated board for either such association; to provide standards for bringing an action to acquire such common property; to provide for the disbursement of consideration received from such department for common property; to authorize the establishment and administration of a program by such department for the clearing of rights of way and the removal of wrecked or abandoned heavy duty vehicles from the rights of way of interstate highways and limited access highways; to provide for payment of costs relating to removal or relocation of public utilities through agreement between the department and utility provider; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended in Code Section 32-2-3, relating to development of transportation plans, public hearings, approval of plans by board, and promulgation of rules and regulations, by revising paragraphs (3) through (5) of subsection (f) as follows:
"(3) The public hearings required by this subsection shall be conducted so as to provide an opportunity for effective participation by interested persons in transportation policy decisions; the process of transportation planning, modal selections, and site and route selection; and the specific location and design of major transportation facilities. At such hearings the various factors involved in the decision or decisions and any alternative proposals shall be clearly presented so that the persons in attendance may present views relating to the decision or decisions which will be made. The hearing required by this subsection for a facility, site, or project corridor and the hearing for the design of a proposed facility or facilities may be held simultaneously to satisfy the requirements of this subsection.
(4)(A) The department may satisfy the requirements of this subsection for a public hearing by holding a public hearing or by providing the opportunity to request a public hearing. Such opportunity to request a public hearing shall be satisfied upon the publication of notice once a week for two weeks in a newspaper having general circulation in the vicinity of the proposed undertaking and holding a public hearing if any written requests for such a hearing are received. The procedure for requesting a public hearing shall be explained in the notice. The deadline for submission of such a request may not be less than 21 days after the publication of the first notice of opportunity for public hearing and no less than 14 days after the date of publication of the second notice of opportunity for public hearing. (B) A copy of the notice of opportunity for public hearing required by subparagraph (A) of this paragraph shall be furnished at the time of publication to the United States Department of Transportation, the appropriate departments of state government, and affected local governments and planning agencies. If no requests for a public hearing are received in response to a notice published pursuant to subparagraph (A) of this paragraph within the time specified for the submission of requests in the published notice, the department shall be deemed to have met the hearing requirements of this subsection. (C) When the proposed locations or designs of an undertaking are changed from those presented in the notices published pursuant to subparagraph (B) of this paragraph or at a public hearing so as to have a substantially different transportation service or different social, economic, or environmental effect, a new public hearing shall be required. Such public hearing shall be held in accordance with the requirements of this subsection.

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(D) The department shall hold a public hearing for an undertaking in any instance in which federal or state law is unclear as to whether a public hearing is required. (5)(A) When a public hearing is to be held pursuant to this subsection, two notices of such hearing shall be published in print or electronically in a newspaper having general circulation in the vicinity of the proposed undertaking. The first notice shall be published no less than 30 days prior to the date of the hearing and the second notice shall be published no less than five days prior or in the last publication date available prior to the date of the hearing. The department shall publish a copy of such hearing notice on its public website no less than 30 days prior to the date of the hearing. (B) Copies of the notice for public hearing published pursuant to this paragraph shall be mailed to the United States Department of Transportation, appropriate departments of state government, and affected local governments and planning agencies."

SECTION 2. Said title is further amended by adding a new Code section to read as follows:
"32-3-2.1. (a) As used in this Code section, the term:
(1) 'Authorized board' means the executive and administrative body designated in a condominium instrument or property owners' association instrument as the governing body of common property as set forth in Article 3 or Article 6 of Chapter 3 of Title 44. (2) 'Common property' shall include common elements, as such term is defined in Code Section 44-3-71 and common areas, as such term in defined in Code Section 44-3-221. (3) 'Declaration' shall have the same meaning as set forth in Code Section 44-3-71. (4) 'Instrument' shall have the same meaning as set forth in Code Section 44-3-221. (5) 'Owner' means any person having interest in property under a declaration or instrument. (b) Notwithstanding any provision of Chapter 3 of Title 44 to the contrary, when the department seeks to acquire any common property, the department shall be authorized to conduct all phases of such pre-acquisition and acquisition with officers of the authorized board. Unless specified to the contrary in any recorded instrument or declaration, an authorized board shall be authorized to convey common property to the department on behalf of all owners. If, during the pre-acquisition or acquisition phase of common property authorized by this Code section, the department and authorized board fail to agree upon the terms of acquisition, the department shall be authorized to bring the authorized association as a party in any action in lieu of each owner; provided, however, that when an owner is directly impacted by a proposed acquisition in relation to other owners, such owner shall be individually named in the action. An owner shall be bound by the judgment in any action brought by the department against an authorized association pursuant to this Code section.

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(c) Any consideration received by an authorized board in exchange for common property pursuant to this Code section shall be allocated to each owner pursuant to any ownership interest set forth in a declaration or instrument."

SECTION 3. Said title is further amended in Code Section 32-6-2, relating to authority of department, counties, and municipalities to regulate parking and parking vehicles or leaving vehicles unattended on right of way of public road on state highway system, by adding a new paragraph to read as follows:
"(5) Notwithstanding any provision of Chapter 11 of Title 40 or Code Section 44-1-13 to the contrary, the department shall be authorized to establish and administer a towing and recovery program for the restoration of the right of way and the removal from the right of ways of interstate highways and limited access highways vehicles exceeding 16,000 pounds that have been disabled, damaged, abandoned, or wrecked or are otherwise inoperable and which impede the flow of traffic as determined and requested by the department, the Department of Public Safety, local law enforcement, or designated fire department personnel. The authority of the department relating to such towing and recovery program shall include all powers necessary to create and administer such a program, including, but not limited to, the power to adopt all policies, procedures, qualifications, standards, and specifications for towing operators and to establish incentives for towing operators to carry out and effectuate the purposes of this Code section. The removal of any vehicle pursuant to the program authorized by this Code section shall include removal or cleanup of any affected cargo transported or spilled by any vehicle exceeding 16,000 pounds but not any passenger vehicles or personal property thereof."

SECTION 4. Said title is further amended in Code Section 32-6-170, relating to payment by department of costs of removal, relocation, and adjustment of utility facilities necessitated by construction of public roads, by revising subsection (b) as follows:
"(b) The department is authorized to pay or participate in the payment of the costs of removing, relocating, or making necessary adjustments to any of the following facilities or any component part thereof if they are owned by a public utility that is publicly, privately, or cooperatively owned, without regard to whether such facilities were originally installed upon rights of way of the state highway system, a county road system, or a municipal street system, where the department has made the determination that such payments are in the best interest of the public and necessary in order to expedite the staging of the project and the costs of the removal, relocation, or adjustment of such facilities are included as part of the contract between the department and the department's roadway contractor for the project or in a written agreement between the utility and the department, provided that such removal, relocation, or adjustment is made necessary by the

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construction or maintenance of a public road by the department: water distribution and sanitary sewer facilities and systems for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, steam, waste, and storm water not connected with highway drainage, including fire and police signals, traffic-control devices, and street lighting systems."

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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FIRE PROTECTION AND SAFETY LOCAL GOVERNMENT PROHIBIT USE OR IGNITION OF CONSUMER FIREWORKS IN PROXIMITY TO CERTAIN FACILITIES HOUSING EQUINES; AUTHORIZE.

No. 274 (House Bill No. 614).

AN ACT

To amend Code Section 25-10-2 of the Official Code of Georgia Annotated, relating to prohibited fireworks activities and application of noise ordinances, so as to authorize local governments to prohibit the use or ignition of consumer fireworks in proximity to certain facilities housing equines; to provide for special event permits; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 25-10-2 of the Official Code of Georgia Annotated, relating to prohibited fireworks activities and application of noise ordinances, is amended by adding a new subsection to read as follows:
"(d)(1) As used in this subsection, the term 'equine' shall have the same meaning as set forth in Code Section 2-8-121. (2) The governing authority of a county or municipal corporation may adopt an ordinance prohibiting the use or ignition of consumer fireworks up to 200 yards from a facility housing equines in a confined area. (3) An ordinance adopted by the governing authority of a county or municipal corporation pursuant to paragraph (2) of this subsection may include provisions

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authorizing the issuance by such governing authority of special event permits to allow the temporary use or ignition of consumer fireworks up to 200 yards from a facility housing equines in a confined area."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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HEALTH COVID-19 TESTING OF STAFF MEMBERS IN LONGTERM CARE FACILITIES; REPEAL CERTAIN PROVISIONS.

No. 275 (House Bill No. 645).

AN ACT

To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to repeal certain provisions requiring COVID-19 testing and to authorize influenza vaccinations; 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 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by repealing and reserving Code Section 31-7-12.6, relating to SARS CoV-2 testing for residents and staff in long-term care facilities.

SECTION 2. Said article is further amended in Code Section 31-7-18, relating to vaccinations for influenza and related items, by replacing "50" with "18" in subsection (a).

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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STATE GOVERNMENT INSPECTION OF PUBLIC RECORDS; DOCUMENTS AND RECORDS IN THE POSSESSION OF PRIVATE PERSONS OR ENTITIES; REVISE PROVISIONS.

No. 276 (Senate Bill No. 12).

AN ACT

To amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to revise provisions related to public records in the possession of private persons or entities; to revise definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended in subsection (b) of Code Section 50-18-70, relating to legislative intent and definitions, by adding a new paragraph to read as follows:
"(1.1) 'Custodian' or 'lawful custodian' means the agency that has charge, custody, care, and control over a public record or an employee of such agency who is designated as the custodian of such agency's records."

SECTION 2. Said article is further amended in Code Section 50-18-71, relating to right of access, timing, fees, denial of requests, and impact of electronic records, by revising subsection (a) as follows:
"(a)(1) All public records shall be open for personal inspection and copying, except those which by order of a court of this state or by law are specifically exempted from disclosure. Records shall be maintained by agencies to the extent and in the manner required by Article 5 of this chapter.
(2)(A) All requests to inspect or copy public records under this article shall be made upon a custodian. (B) Upon receiving a request to inspect or copy public records under this article, a custodian shall comply with the requirements of this Code section, including, but not limited to, the requirement to retrieve public records prepared and maintained or received by a private person or private entity in the performance of a service or function for or on behalf of an agency or transferred to a private person or private entity by an agency for storage or future governmental use; provided, however, that a custodian shall have no obligation to retrieve public records held by another agency or any other public entity. Such private persons or private entities shall be required to produce such

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public records to a custodian upon request from such custodian so long as such request is made within the period of time as prescribed by the statutory document retention guideline or a period of time as defined in an agreement between the private person or private entity and the agency, whichever comes later."

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 May 14, 2025.

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INSURANCE PROPERTY INSURANCE POLICIES; NOTICE REQUIRED TO BE GIVEN A POLICYHOLDER BEFORE THE NONRENEWAL OF HIS OR HER HOMEOWNERS' INSURANCE POLICY; INCREASE THE NUMBER OF DAYS.

No. 277 (Senate Bill No. 35).

AN ACT

To amend Code Section 33-24-46 of the Official Code of Georgia Annotated, relating to cancellation or nonrenewal of certain property insurance policies, so as to increase the number of days of notice required to be given a policyholder before the nonrenewal of his or her homeowners' insurance policy; to provide for related matters; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 33-24-46 of the Official Code of Georgia Annotated, relating to cancellation or nonrenewal of certain property insurance policies, is amended by revising paragraph (1) of subsection (d) as follows:
"(d)(1) No insurer shall refuse to renew a policy to which this Code section applies unless a written notice of nonrenewal is mailed or delivered in person to the named insured. Such notice stating the time when nonrenewal will be effective, which shall not

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be less than 60 days from the date of mailing or delivery of such notice of nonrenewal or such longer period as may be provided in the contract or by statute, shall be delivered as provided in subsection (d) of Code Section 33-24-14, in person, or by depositing the notice in the United States mail to be dispatched by at least first-class mail to the last address of record of the insured and of the lienholder, where applicable, and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service. The insurer shall provide the reason or reasons for nonrenewal as required by Chapter 39 of this title."

SECTION 2. This Act shall become effective on January 1, 2026, and shall apply to all policies issued, delivered, issued for delivery, or renewed in this state on or after such date.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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COMMERCE AND TRADE SECONDARY METALS RECYCLERS; THE DEFINITION OF THE TERM "USED, DETACHED CATALYTIC CONVERTERS" TO SAID ARTICLE; PROVIDE FOR APPLICABILITY.

No. 278 (Senate Bill No. 40).

AN ACT

To amend Article 14 of Chapter 1 of Title 10 and Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to secondary metals recyclers and solid waste management, respectively, so as to revise provisions relating to certain materials; to provide for the applicability of the definition of the term "used, detached catalytic converters" to said article; to remove the exception for used, detached catalytic converters from the application of said article; to provide for certain registration requirements for secondary metals recyclers; to provide for the use of certain registration fees; to provide for records and reporting; to allow certain caps for secondary metals recyclers with respect to payments to and number of transactions with sellers to remain in effect after January 1, 2026; to revise provisions relating to surcharges on certain waste; to provide for related matters; 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. Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers, is amended by adding a new paragraph to Code Section 10-1-350, relating to definitions, to read as follows:
"(18.1) 'Used, detached catalytic converter' means motor vehicle exhaust system parts that are used for controlling the exhaust emissions from motor vehicles and that contain a catalyst metal, but shall not include a catalytic converter that has been tested, certified, and labeled for reuse, in accordance with applicable federal Clean Air Act regulations, as may from time to time be amended, or other applicable federal laws or regulations."

SECTION 2. Said article is further amended by revising subsection (d) of Code Section 10-1-351, relating to verifiable documentation required and unlawful activities pertaining to used, detached catalytic converters, as follows:
"(d)(1) It shall be unlawful for any person to purchase or to solicit or advertise for the purchase of a used, detached catalytic converter, or any nonferrous metal parts of a catalytic converter, unless such person is a registered secondary metals recycler in accordance with Code Section 10-1-359.1 and in full compliance with all requirements prescribed by this article. (2) It shall be unlawful for any person to purchase, possess, transport, or sell a used, detached catalytic converter, or any nonferrous metal parts of a catalytic converter, unless such person is authorized to purchase, possess, transport, or sell catalytic converters pursuant to subsection (c) of this Code section and is in possession of the licenses, registrations, or other documentation required by subsection (c) of this Code section. (3) Each unlawfully possessed or obtained used, detached catalytic converter shall be considered a separate offense."

SECTION 3. Said article is further amended by revising Code Section 10-1-355, relating to conditions and limitations on payments for regulated metal property and exception for transaction between business entities, in effect on January 1, 2026, as follows:
"10-1-355. (a) A secondary metals recycler shall pay only by check, electronic funds transfer, cash, or voucher for regulated metal property and shall make any such payment as specifically provided for in this Code section. (b) Any check, electronic funds transfer, or voucher shall be payable only to the person recorded as the seller of the regulated metal property to the secondary metals recycler. (c) Any voucher shall be provided to the seller at the time of the purchase transaction or mailed to the seller at the address indicated on the personal identification card of the seller

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presented at the time of such transaction. If the voucher is provided to the seller at the time of the purchase transaction and not mailed to the seller, the secondary metals recycler shall not redeem the voucher for three days from the date of the purchase transaction. The voucher shall include the date of purchase, name of the seller, the amount paid for the regulated metal property, a detailed description of the regulated metal property purchased, information as to whether the voucher was mailed or provided at the time of the purchase transaction, the first date on which the voucher may be redeemed, and the date on which the voucher expires. The voucher may only be redeemed for cash by the person whose name appears on the voucher as the seller or by such person's heirs or legal representative. If a voucher is not redeemed by the person whose name appears on the voucher as the seller or by such person's heirs or legal representative within six months of the date of the transaction, the voucher shall expire and the secondary metals recycler shall not be required to honor the voucher after the expiration date. (d) No secondary metals recycler shall:
(1) Pay to any seller more than $100.00 in cash for any transaction or complete more than two transactions per seller, per day, per registered secondary metals recycler location; (2) Pay cash to any seller for used, detached catalytic converters or coils; (3) Pay cash to any seller for used utility wire; (4) Pay cash to any seller for used communications copper; (5) Pay cash to any seller for copper wire; or (6) Pay cash to any seller for a battery. (e) A secondary metals recycler shall be prohibited from: (1) redeeming or cashing any check or electronic funds transfer paid to a seller for regulated metal property; and (2) providing or permitting any mechanism on the premises of the secondary metals recycler for the redemption or cashing of any check or electronic funds transfer. (f) The provisions of this Code section shall not apply to any transaction between business entities."

SECTION 4. Said article is further amended by revising Code Section 10-1-358, relating to purchases of regulated metal property exempted from application of article, as follows:
"10-1-358. This article shall not apply to purchases of regulated metal property from:
(1) Organizations, corporations, or associations registered with the state as charitable, philanthropic, religious, fraternal, civic, patriotic, social, or school sponsored organizations or associations or from any nonprofit corporations or associations; (2) A law enforcement officer acting in an official capacity; (3) A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondary metals recycler;

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(4) Any public official acting under judicial process or authority who has presented proof of such status to the secondary metals recycler; (5) A sale on the execution, or by virtue, of any process issued by a court if proof thereof has been presented to the secondary metals recycler; or (6) A manufacturing, industrial, or other commercial vendor that generates and sells regulated metal property in the ordinary course of its business, provided that such vendor is not a secondary metals recycler."

SECTION 5. Said article is further amended by revising subsection (c) of Code Section 10-1-359.1, relating to registration of secondary metals recycler, electronic data base, authority of sheriff, and penalty for violation, as follows:
"(c) The sheriff shall be authorized to: (1) Assess and require payment of $200.00 for a new registration and an annual registration renewal for a secondary metals recycler; (2) If applicable in the jurisdiction where such secondary metals recycler is located, require the secondary metals recycler to submit a current and valid business license in the county or municipality that is associated with the address on the registration form prior to approving the registration or registration renewal; (3) Require the registered agent of a secondary metals recycler to submit to a criminal background check and fingerprinting for a new registration with the costs paid by the secondary metals recycler in an amount not to exceed $75.00; (4) Deny the new registration or registration renewal of a secondary metals recycler if such person's registration has been revoked in another Georgia county, information submitted on the registration form has been determined to be invalid or false, or it is determined by the criminal background check that such person has been convicted of a felony offense under this article in the previous five years; (5) Revoke the registration of a secondary metals recycler's registered agent if the registered agent has been convicted of a felony offense in the previous five years under this article while serving as a registered agent; (6) Require secondary metals recyclers to provide on the registration form the customer identification number for the current data base contractor maintained by the Georgia Bureau of Investigation; (7) Require a secondary metals recycler to submit a signed and sworn statement that such person has not had such secondary metals recycler's registration or business license revoked during the previous year and that the registered agent has not been convicted of a felony offense under this article while serving as a registered agent in the previous five years; (8) Delegate to personnel in the sheriff's office the registration of secondary metals recyclers and entering into the data base of the records of such registrations; and

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(9) Remit to the Georgia Sheriffs' Association $100.00 of each $200.00 registration fee and remit to the general fund of the county treasury the remaining $100.00 of each registration fee to provide for the registration of secondary metals recyclers and the entering into the Georgia Sheriffs' Association Secondary Metals Recycler Registry of the records of such registrations for use by other law enforcement agencies, staff of the governing authority, or the public."

SECTION 6. Said article is further amended by revising Code Section 10-1-359.2, relating to penalties for violations, as follows:
"10-1-359.2. (a) Except as provided for in subsection (e) of Code Section 10-1-359.1, any person who buys or sells regulated metal property in violation of any provision of this article:
(1) For a first offense, shall be guilty of a misdemeanor; (2) For a second offense, shall be guilty of a misdemeanor of a high and aggravated nature; and (3) For a third or subsequent offense or when such regulated metal property is unlawfully obtained and results in property damage exceeding the aggregate amount of $1,500.00, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years. Each unlawfully possessed or obtained used, detached catalytic converter shall be considered a separate offense under this Code section. (b) Any person who buys or sells regulated metal property in violation of any provision of this article shall be liable in a civil action to any person who was the victim of a crime involving such regulated metal property for the full value of the regulated metal property, any repairs and related expenses incurred as a result of such crime, litigation expenses, and reasonable attorneys' fees."

SECTION 7. Said article is further amended by revising paragraph (3) of subsection (b) of Code Section 10-1-359.3, relating to forfeiture and items declared contraband, as follows:
"(3) Any used, detached catalytic converter possessed in violation of subsection (d) of Code Section 10-1-351 and any vehicle used in the transportation of such used, detached catalytic converter, provided that any civil forfeiture proceedings for any vehicle seized pursuant to this subsection, including the reporting requirements set forth in Code Section 9-16-7, shall be stayed during the pendency of criminal proceedings unless otherwise agreed to by the owner or interest holder of such vehicle."

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SECTION 8. Said article is further amended by revising paragraph (2) of subsection (a) of Code Section 10-1-359.5, relating to required information from secondary metals recyclers and role of Georgia Bureau of Investigation, as follows:
"(2) Notwithstanding any provision of Code Section 10-1-358 to the contrary, each secondary metals recycler shall maintain, or cause to be maintained, a record, and shall electronically submit to the Georgia Bureau of Investigation such record, of the receipt of each purchase of a used, detached catalytic converter, or any nonferrous metal parts of a catalytic converter, from a manufacturing, industrial, or other commercial vendor that generates and sells used, detached catalytic converters, or any nonferrous metal parts of a catalytic converter, in the ordinary course of its business or a secondary metals recycler. Such report shall include:
(A) The name and address of the seller; (B) The date, time, and place of the transaction; and (C) The number of used, detached catalytic converters or pounds of catalyst metal purchased."

SECTION 9. Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, is amended in Code Section 12-8-39, relating to cost reimbursement fees, surcharges, exempt contracts, and reporting, by revising subparagraph (d)(1)(B) as follows:
"(B) When a municipal solid waste disposal facility is operated by private enterprise, the host local government is authorized and required to impose a surcharge of $1.00 per ton or volume equivalent for construction or demolition waste, inert waste, or nonmetallic waste resulting from the shredding of motor vehicles or household appliances, in addition to any other negotiated charges or fees which shall be imposed by and paid to the host local government for the facility."

SECTION 10. This Act shall become effective on July 1, 2025, and shall apply to all transactions occurring on and after such date.

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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CRIMES AND OFFENSES CERTAIN PENALTY PROVISIONS FOR THE OFFENSES OF KEEPING A PLACE OF PROSTITUTION, PIMPING, AND PANDERING; REPEAL.

No. 279 (Senate Bill No. 42).

AN ACT

To amend Code Section 16-6-13 of the Official Code of Georgia Annotated, relating to penalties for violating Code Sections 16-6-9 through 16-6-12, so as to repeal certain penalty provisions for the offense of prostitution, keeping a place of prostitution, pimping, and pandering; 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. Code Section 16-6-13 of the Official Code of Georgia Annotated, relating to penalties for violating Code Sections 16-6-9 through 16-6-12, is amended by repealing and reserving the entirety of subsection (b).

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 May 14, 2025.

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EDUCATION EQUALIZATION GRANTS, ANNUAL CALCULATIONS, AND ALLOCATION; THE DEFINITION OF THE TERM "QUALIFIED LOCAL SCHOOL SYSTEM" BY REDUCING THE MINIMUM REQUIRED MILLAGE RATE; REVISE.

No. 280 (Senate Bill No. 44).

AN ACT

To amend Code Section 20-2-165 of the Official Code of Georgia Annotated, relating to equalization grants, annual calculations, and allocation, so as to revise the definition of the term "qualified local school system" by reducing the minimum required millage rate or effective millage rate from 14 mills to 10 mills; to provide for a 25 percent reduction of equalization grant awards for local school systems whose millage rate or equivalent millage rate does not meet the minimum requirement; to require annual reporting by the Department of Education; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 20-2-165 of the Official Code of Georgia Annotated, relating to equalization grants, annual calculations, and allocation, is amended by revising paragraph (9) of subsection (a) and adding two new subsections to read as follows:
"(9) 'Qualified local school system' is defined as any local school system: (A) Having an assessed valuation per weighted full-time equivalent count for the year of the digest which is below the guaranteed valuation; (B) Having an effective millage rate greater than the millage rate applied to calculate the local five mill share pursuant to subsection (a) of Code Section 20-2-164; and (C) Beginning July 1, 2025, and thereafter, having a millage rate or an equivalent millage rate of at least 10 mills."
"(d.1) If, after a local school system's equalization grant has been calculated for the ensuing fiscal year as provided for in subsection (b) of this Code section, such local school system decreases the actual or equivalent millage rate levied against its digest for maintenance and operation to an amount below the minimum amount required in subparagraph (a)(9)(C) of this Code section, a midterm adjustment in such local school system's equalization grant shall be made such that the total equalization grant amount awarded to such local school system is reduced to an amount equal to 75 percent of the initial equalization grant amount." "(f) Each year, the Department of Education shall prepare a report of each local school system that received an equalization grant the previous fiscal year. Such report shall include for each local school system the initial equalization grant amount, the midterm

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adjustment to the equalization grant, and the total amount of equalization grants received in the previous ten years. Such report shall also identify each local school system that received an equalization grant during the previous fiscal year while having a millage rate or an equivalent millage rate of less than 10 mills for the period of time upon which the calculation of such equalization grant was based. Each year, no later than September 1, the Department of Education shall provide such report to the chairpersons of the House Committee on Appropriations, the Senate Appropriations Committee, the House Committee on Education, the Senate Education and Youth Committee, the director of the Office of Planning and Budget, the director of the Senate Budget and Evaluation Office, and the director of the House Budget and Research Office."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

__________

PUBLIC OFFICERS AND EMPLOYEES PUBLIC SAFETY OFFICERS; LINE OF DUTY; DEATH OR DISABILITY; COVID-19; GEORGIA STATE INDEMNIFICATION FUND; ANNUITIES; DEPARTMENT OF ADMINISTRATIVE SERVICES.

No. 281 (Senate Bill No. 56).

AN ACT

To amend Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to Georgia State Indemnification Fund, so as to authorize the Department of Administrative Services to purchase annuities for the payment of indemnification claims; to provide for qualification standards for indemnification claims relating to certain deaths of public safety officers related to COVID-19; to provide for timing requirements for application of such indemnification claims; to provide for definitions; to provide for conforming changes; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to Georgia State Indemnification Fund, is amended by revising Code

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Section 45-9-85, relating to payment of indemnification for death or disability, procedure for making payments, and appeal, as follows:
"45-9-85. (a) As used in this Code section, the term:
(1) 'COVID-19' means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), and any mutation or viral fragments thereof, or any disease or condition caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). (2) 'Nonroutine stressful or strenuous physical activity' means actions that are not clerical, administrative, or nonmanual in nature. (3) 'Public safety officer' means a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, state highway employee, or prison guard. (4) 'Work related activity' means, while in the line of duty:
(A) Engaging in a situation involving nonroutine stressful or strenuous physical activity related to law enforcement, fire suppression, rescue, hazardous material response, emergency medical services, prison or jail security, disaster relief, or any other emergency response; or (B) Participating in a training exercise involving nonroutine stressful or strenuous physical activity. (b) Indemnification shall be paid under this part as follows: (1) In the case of a partial permanent disability suffered by a public safety officer while in the line of duty, the eligible disabled person may elect to receive a payment of $35,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; (2) In the case of a total permanent disability suffered by a public safety officer while in the line of duty, the eligible disabled person may elect to receive a payment of $75,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; (3)(A) In the case of death suffered by a public safety officer while in the line of duty, payment shall be made to:
(i) The surviving unremarried spouse; (ii) The surviving children who are under the age of 19 or, if a student enrolled in an institution of postsecondary education at the time of such death, under the age of 24; or (iii) Individuals not otherwise provided for under this subparagraph who are the dependents of the spouse or deceased person as shown in the spouse's or deceased person's most recent tax return.

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(B) In the case of organic brain damage suffered by a public safety officer while in the line of duty, payment shall be made to the legal guardian of the organically brain damaged person. (C) The surviving unremarried spouse, dependents, or the legal guardian who qualified for indemnification payment pursuant to this paragraph may elect to receive a payment of $150,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum. (c)(1) After the department, or the commission upon review of a denial by the department, determines that a public safety officer suffered a total permanent disability, a partial permanent disability, organic brain damage, or death while in the line of duty, the department shall be authorized to make the appropriate payments as provided in subsection (b) of this Code section. The department shall be authorized to purchase annuities to fund payments issued pursuant to this part. (2) The department shall consider a heart attack, stroke, or vascular rupture suffered by a public safety officer to have occurred while in the line of duty if the heart attack, stroke, or vascular rupture: (A) Commenced:
(i) While such public safety officer was performing work related activity; (ii) While such public safety officer was on duty after performing work related activity; or (iii) Not later than 24 hours after performing work related activity; and (B) Directly or proximately resulted in the death or partial or permanent disability of the public safety officer, unless competent medical evidence established that the heart attack, stroke, or vascular rupture was not related to the work related activity or was directly or proximately caused by something other than the mere presence of cardiovascular disease risk factors. (3) Unless competent medical evidence establishes that the death of a public safety officer was directly or proximately caused by something other than COVID-19, the department shall consider the death of a public safety officer related to COVID-19 that occurred on or before April 15, 2022, to have occurred while in the line of duty if: (A) The public safety officer was diagnosed with COVID-19, or evidence indicates the officer had COVID-19, within 14 days of such public safety officer's last day of duty; (B) The evidence indicates that the public safety officer had COVID-19 or complications therefrom at the time of death; and (C) No indemnification claim has been paid by the department pursuant to this part. (d) If the department denies a claim, any person seeking benefits pursuant to this part may appeal the department's decision to the commissioner or his or her designee. Any such appeal shall be filed with the commissioner or his or her designee within 60 days of receipt of the department's decision and shall identify the errors in the department's decision.

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Appeals shall be considered by the commissioner or his or her designee as provided in Code Section 45-9-84."

SECTION 2. Said part is further amended by revising Code Section 45-9-86, relating to application for indemnification, as follows:
"45-9-86. (a) As used in this Code section, the terms 'COVID-19' and 'public safety officer' shall have the same meanings as provided in Code Section 45-9-85. (b) An application for indemnification with respect to a claim for total permanent disability or partial permanent disability of a public safety officer shall be submitted by that person unless the person is mentally incompetent, in which case the application may be made on such person's behalf by his or her legal guardian. (c) An application for indemnification with respect to a claim for the death of a public safety officer shall be submitted by or on behalf of the surviving unremarried spouse or dependents eligible under this part. (d) Except as provided in subsection (e) of this Code section, an application for indemnification with respect to death, organic brain damage, total permanent disability, or partial permanent disability must be made within 24 months after the date of the incident giving rise to the death, organic brain damage, or disability. (e) An application for indemnification with respect to a claim for the death of a public safety officer related to COVID-19 that occurred on or before April 15, 2022, shall be submitted between the effective date of this Code section and August 1, 2025. No indemnification claim for the death of a public safety officer related to COVID-19 that occurred on or before April 15, 2022, shall be paid for an application not properly submitted between the effective date of this Code section and August 1, 2025."

SECTION 3. Said part is further amended by revising Code Section 45-9-88, relating to indemnification not to be awarded when penal violation, suicide, intentionally self-inflicted injuries, natural causes, or performance of certain routine duties caused or contributed to death or disability, as follows:
"45-9-88. (a) No indemnification shall be awarded to any person otherwise entitled thereto who violates a penal law of this state which violation caused or contributed to the death or disability of the officer. (b) Notwithstanding any other provision of this part, no payment shall be authorized if death, organic brain damage, total permanent disability, or partial permanent disability occurs from suicide, intentionally self-inflicted injuries, natural causes, or the performance of routine duties which would not be considered strenuous or dangerous by a reasonable person, except as provided for in subsection (c) of Code Section 45-9-85."

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SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

__________

COMMERCE AND TRADE MOTOR VEHICLE FRANCHISE PRACTICES; PROTECTION OF CONSUMER DATA IN MOTOR VEHICLE SALES; PROVIDE.

No. 282 (Senate Bill No. 81).

AN ACT

To amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle franchise practices, so as provide for protection of consumer data in motor vehicle sales or lease transactions by affiliates of franchisors, manufacturers, and distributors; to provide for procedures, conditions, and limitations on the use of motor vehicle dealer data; to provide for standards for access and integration of data collected and maintained by dealers and by third parties on behalf of dealers; to provide for applicability; to provide for requirements of franchisors, manufacturers, and distributors in relation to dealers; to provide for additional unlawful activities by franchisors; to revise legislative findings; to provide for definitions; to amend Code Section 40-2-39 of the Official Code of Georgia Annotated, relating to registration and licensing of new motor vehicle dealers, temporary site permits, administrative fines, and penalty, so as to provide for activities which qualify as activity as a new motor vehicle dealer; 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 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle franchise practices, is amended by revising Code Section 10-1-621, relating to legislative findings, as follows:
"10-1-621. The General Assembly finds and declares that:
(1) The distribution and sale of motor vehicles within this state are vital to the general economy of this state and to the public interest and public welfare;

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(2) The provision for warranty service, recall service, and the repair of predelivery transportation damages to motor vehicles is of substantial concern to the people of this state; (3) Robust competition among dealers benefits consumers through competitive pricing, service, and convenient repair facilities, thus the maintenance of full and fair inter-brand and intra-brand competition among dealers and others is in the public interest; and (4) The maintenance of strong and sound dealerships is essential to provide continuing and necessary reliable services to the consuming public in this state, to the introduction of new automotive technology and support and maintenance of such after a sale, to protect against the creation or perpetuation of monopolies and other practices that are detrimental to public welfare and local businesses, and to provide stable employment to the citizens of this state."

SECTION 2. Said article is further amended by revising Code Section 10-1-632, relating to protection of consumer data in motor vehicle sales or lease transactions and burden of proof for violations, as follows:
"10-1-632. (a) With respect to consumer data, a franchisor, manufacturer, distributor, or affiliate thereof or a third party acting on behalf of a franchisor, manufacturer, distributor, or affiliate thereof:
(1) Shall comply with and shall not cause a dealer to violate any applicable restrictions on reuse or disclosure of the consumer data established by federal or state law; (2) Shall provide a written statement to the dealer upon request describing the established procedures adopted by such franchisor, manufacturer, distributor, or affiliate thereof or third party acting on behalf of the franchisor, manufacturer, or distributor which meet or exceed any federal or state requirements to safeguard the consumer data, including, but not limited to, those established in the federal Gramm-Leach-Bliley Act, 15 U.S.C. Section 6801, et seq.; (3) Shall, upon the written request of the dealer, provide a written list of the consumer data obtained from the dealer and all persons to whom any consumer data has been provided by the franchisor, manufacturer, distributor, or affiliate thereof or a third party acting on behalf of a franchisor, manufacturer, or distributor during the preceding six months. The dealer may make such a request no more than once every six months. The list must indicate the specific fields of consumer data which were provided to each person. Notwithstanding the foregoing, such a list shall not be required to include:
(A) A person to whom consumer data was provided, or the specific consumer data provided to such person, if the person was, at the time such consumer data was provided, a service provider, subcontractor, or consultant acting in the course of performance of services on behalf of or for the benefit of the dealer, franchisor, manufacturer, distributor, third party, or affiliate, provided that the dealer, franchisor,

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manufacturer, distributor, third party, or affiliate has entered into an agreement with such person requiring that such person comply with the safeguard requirements of applicable state and federal law, including, but not limited to, those established in the federal Gramm-Leach-Bliley Act, 15 U.S.C. Section 6801, et seq.; (B) A person to whom consumer data was provided, or the specific consumer data provided to such person, if the dealer has previously consented in writing to such person receiving such consumer data and the dealer has not withdrawn such consent in writing; and (C) A person to whom consumer data was provided, or the specific consumer data provided to such person, if that would require a franchisor, manufacturer, distributor, or affiliate thereof to violate any applicable restrictions on reuse or disclosure of the consumer data established by federal or state law; (4) May not require that a dealer grant the franchisor, manufacturer, distributor, or affiliate thereof or a third party acting on behalf of a franchisor, manufacturer, or distributor direct or indirect access to such dealer's data management system to obtain consumer data. A franchisor, manufacturer, distributor, affiliate, or a third party acting on behalf of a franchisor, manufacturer, or distributor shall permit a dealer to furnish consumer data in a widely accepted file format, such as comma delimited, and through a third-party vendor selected by the dealer; provided, however, that a franchisor, manufacturer, distributor, or affiliate thereof or a third party acting on behalf of a franchisor, manufacturer, or distributor may access or obtain consumer data directly from a dealer's data management system with the express consent of the dealer. Such consent shall be in the form of a written document that is separate from the parties' franchise agreement, is executed by the dealer, and allow for withdrawal by the dealer upon 30 days' written notice to the franchisor, manufacturer, or distributor as applicable. For incentive programs beginning on or after July 1, 2019, such consent shall not be required as a condition to a motor vehicle dealer's participation in an incentive program unless such consent is necessary to obtain consumer data to implement the program; and (5) Shall indemnify the dealer for any third-party claims asserted against or damages incurred by the dealer to the extent caused by access to, use of, or disclosure of consumer data in violation of this Code section by the franchisor, manufacturer, distributor, or affiliate thereof or a third party to whom the franchisor, manufacturer, or distributor has provided consumer data. (b) Nothing contained in this Code section shall limit the ability of a franchisor, manufacturer, distributor, or affiliate thereof to require that the dealer provide, or use in accordance with the law, such customer information related solely to such manufacturer's or distributor's own vehicle makes to the extent necessary to do any of the following: (1) Satisfy any safety or recall notice obligations or other legal notice obligations on the part of the manufacturer; (2) Complete the sale and delivery of a new motor vehicle to a customer; (3) Validate and pay customer or dealer incentives;

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(4) Submit to the franchisor, manufacturer, or distributor claims for any services supplied by the dealer for any claim for warranty parts or repairs; (5) Market analysis; (6) Evaluate sales and service customer satisfaction with the dealer, including surveys; or (7) Reasonable marketing purposes that benefit the dealer. (c) In any cause of action against a franchisor, manufacturer, distributor, or affiliate thereof for a violation of this Code section, the party bringing the action shall have the burden of proof."

SECTION 3. Said article is further amended by adding a new Code section to read as follows:
"10-1-633. (a) As used in this Code section, the term:
(1) 'Authorized integrator' means a third party with whom a dealer has entered into a written contract to perform a specific function which requires such third party to access protected dealer data or write data to a dealer data system or both. (2) 'Data access overcharge' means any charge to a dealer or person authorized to perform integration that is greater than an amount which reimburses direct costs incurred by a dealer data systems vendor for integration. When a dealer data systems vendor fails to disclose the direct costs of integration and provide documentation of such costs, any direct costs sought to be reimbursed shall be considered a data access overcharge. (3) 'Dealer data system' means any software or hardware provided by a third party and used by a dealer in its business operations to store, process, or maintain protected dealer data. (4) 'Dealer data systems vendor' means any third party that stores protected dealer data pursuant to written contract with a dealer and shall include a dealer management system or customer relations management system provided by a third party. Such term shall not include a manufacturer, distributor, or affiliate subject to Code Section 10-1-632. (5) 'Integration' means access by an authorized integrator to protected dealer data which does not require access to any copyright protected material but allows for access to all protected dealer data and which can be accomplished by any commercially reasonable means not otherwise in violation of this Code section. (6) 'Prior express written consent' means written consent provided by the dealer that is contained in a document separate from any other consent, contract, franchise agreement, or other writing and that specifically outlines a dealer's consent for an authorized integrator to obtain protected dealer data, including the scope and duration of such consent, and may be unilaterally revoked by the dealer upon 30 days' notice without cause and immediately with cause. (7) 'Protected dealer data' means any of the following data that is stored in a dealer data system:

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(A) Personal, financial, or other data pertaining to a consumer that is provided to a dealer by a consumer; (B) Motor vehicle diagnostic data; or (C) Any other data relating to the business operations of a dealer stored or maintained within a dealer data system. (8) 'Secure open application programming interface' or 'secure open API' means an application programming interface that allows an authorized integrator to integrate with a dealer data system remotely and securely. (9) 'STAR standards' means standards for the automotive retail industry established by the Standards for Technology in Automotive Retail organization. (10) 'Third party' includes service providers, vendors, including dealer data systems vendors and authorized integrators, and any other individual or entity other than a dealer. Such term shall not include any manufacturer; distributor; affiliate of a manufacturer or distributor; a third party acting on behalf of or engaged contractually or by other agreement with a manufacturer or distributor or an affiliate thereof; any governmental entity acting pursuant to federal, state, or local law; or any third party acting pursuant to a valid court order. (b) It shall be unlawful for a third party to: (1) Access, share, sell, copy, use, or transmit protected dealer data from a dealer data system without the prior express written consent of a dealer; (2) Take any action, by contract, technical means, or otherwise, that would prohibit or limit a dealer's ability to protect, store, copy, share, or use any protected dealer data, including, but not limited to: (A) Imposing any data access overcharges or other restrictions of any kind on the dealer or any authorized integrator for integration; (B) Prohibiting an authorized integrator or any third party identified by a dealer as an authorized integrator that has satisfied or is compliant with the STAR standards, or a standard compatible with such standards, from performing integration or placing unreasonable restrictions on integration, which shall include, but not be limited to:
(i) Unreasonable restrictions on the scope or nature of the data shared with an authorized integrator; (ii) Unreasonable restrictions on the ability of an authorized integrator to write data to a dealer data system; (iii) Unreasonable restrictions or conditions on a third party accessing or sharing protected dealer data or writing data to a dealer data system; and (iv) Requiring unreasonable access to sensitive, competitive, or other confidential business information of a third party as a condition for access to protected dealer data or as a condition to share protected dealer data with an authorized integrator; (C) Prohibiting or limiting a dealer's ability to store, copy, securely share, or use protected dealer data outside the dealer data system in any manner and for any reason; or

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(D) Permitting access to or accessing protected dealer data without prior express written consent by the dealer. (c)(1) A secure open application programming interface shall: (A) Be made available by a dealer data systems vendor to any authorized integrator upon request by a dealer; (B) Include all relevant endpoints to allow for access to all protected dealer data or to integrate with protected dealer data; and (C) Provide granularity and control necessary for dealers and authorized integrators to integrate the data necessary pursuant to contract terms between the dealer and authorized integrator. (2) For purposes of this Code section, secure open application programming shall not require that an application programming interface be available to the public or at no cost to an authorized integrator, provided that no data access overcharge may be assessed in connection with a secure open API. (d)(1) A dealer data systems vendor shall adopt and make available a standardized integration framework that allows for integration through secure open APIs to authorized integrators. In the event that application programming interfaces are no longer the reasonable commercial or technical standard for secure data integration, a similar open access integration method may be provided to the extent such method provides the same or better secure integration to dealers and authorized integrators as a secure open API. Any dealer data systems vendor that utilizes STAR standards or a comparable system shall comply with the requirements of this subsection. (2) A dealer data systems vendor and authorized integrator: (A) Shall be authorized to integrate, or otherwise access, use, store, or share protected dealer data to the extent only outlined in and authorized by the dealer data systems vendor contract or authorized integrator contract; (B) Shall provide that any dealer data systems vendor contract or authorized integrator contract may be terminated upon no more than 90 days' notice from the dealer; and (C) Shall, in order to prevent any risk of consumer harm or inconvenience, ensure a secure transition of all protected dealer data to a successor dealer data systems vendor or authorized integrator upon notice of a dealer's intent to terminate a dealer data systems vendor contract or authorized integrator contract. The requirements of this subparagraph may be satisfied by taking any of the following actions:
(i) Providing unrestricted access to all protected dealer data and all other data stored in the dealer data system within a commercially reasonable time and in a format that a successor dealer data systems vendor or authorized integrator is capable of accessing and using; (ii) Deleting or returning to the dealer all protected dealer data prior to termination of the contract pursuant to any written directions of the dealer;

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(iii) Providing a dealer, upon request, with a list of all entities with whom it is sharing or has shared protected dealer data or to whom it has allowed access to protected dealer data; and (iv) Allowing a dealer to audit access to and use of any protected dealer data by the dealer data systems vendor or authorized integrator access. (3) Any dealer data systems vendor, authorized integrator, or third party acting pursuant to a written contract with or on behalf of a dealer shall indemnify the dealer for any third-party claims asserted against or damages incurred by the dealer from complaints, claims, or actions arising out of the willful, negligent, or impermissible use or disclosure of protected dealer data, customer data, or other sensitive information in a dealer data system by the dealer data system vendor, authorized integrator, or third party. Such indemnification shall include, but not be limited to, judgments, settlements, fines, penalties, litigation costs, defense costs, court costs, costs related to the disclosure of security breaches, and attorneys' fees arising out of complaints, claims, civil, or administrative actions. (e) A manufacturer, franchisor, distributor, or affiliate thereof, or any third party acting on behalf of a manufacturer, franchisor, distributor, or affiliate thereof; a data systems vendor; or dealer shall not prohibit a dealer from regularly and continually monitoring or auditing the specific data accessed from or written to a dealer data system or from complying with applicable state and federal laws or any rules or regulations promulgated thereunder. This subsection shall not impose an obligation on a manufacturer, franchisor, distributor, or affiliate thereof, a data systems vendor, or a third party to perform such monitoring or auditing. (f) A manufacturer, franchisor, distributor, data systems vendor or any third party acting on behalf of a manufacturer, franchisor, distributor, data systems vendor, or dealer shall not prohibit a dealer from copying, storing, or backing up data stored on its dealer data systems, or duplicating the critical components or functions thereof, for the purpose of allowing a dealer to restore business operations in the event of a security breach or other event that renders a dealer data system inoperable. This subsection shall not impose an obligation on a manufacturer, franchisor, distributor, data systems vendor, or third party to provide such capabilities. This subsection shall not relieve a dealer from any contractual obligation relating to the safeguard, storage, copy, use, ownership, or sharing of or access to data. (g) A dealer data systems vendor or authorized integrator shall not be held responsible for any action taken directly by a dealer or for any appropriately taken action upon written request of a dealer to the extent that such action prevents such vendor or integrator from meeting any legal obligation regarding the protection of protected dealer data or results in any liability as a consequence of such actions by the dealer. (h) A dealer shall not be held responsible for any action taken directly by any of its dealer data systems vendors or authorized integrators or for any appropriately taken action upon written request of a dealer data systems vendor or authorized integrator to the extent that

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such action prevents such dealer from meeting any legal obligation regarding the protection of protected dealer data or results in any liability as a consequence of such actions by the dealer data systems vendor or authorized integrator. (i) The rights conferred on dealers in this Code section are not waivable and may not be reduced or otherwise modified by any contract, agreement, or incentive program. (j) Nothing in this Code section shall:
(1) Be interpreted to prevent a dealer or third party from discharging its obligations or limiting responsibilities as a service provider to protect and secure protected dealer data under an agreement or as otherwise required pursuant to federal, state, or local law; (2) Give a new motor vehicle dealer any ownership or rights to share or use motor vehicle diagnostic data beyond what is necessary to fulfill a dealer's obligation to provide warranty, repair, or service work to its customers; (3) Govern, restrict, or apply to data that exists outside of a dealer data system; or (4) Relieve a manufacturer, franchisor, distributor, third party acting on behalf of a manufacturer, franchisor, distributor, or affiliate thereof from the requirements of Code Section 10-1-632."

SECTION 4. Said article is further amended in Code Section 10-1-641, relating to requirements of franchisor, manufacturer, and distributor, reasonable compensation for parts and labor, recall notices, and stop-sales, by revising paragraph (1) of subsection (a) as follows:
"(a)(1) Each franchisor, manufacturer, or distributor: (A) Shall specify in writing to each of its dealers in this state the dealer's obligations for predelivery preparation including the repair of damages incurred in the transportation of vehicles as set forth in Code Section 10-1-642, recall work, and warranty service on its products; (B) Shall, at the election of the dealer, reasonably compensate the dealer for parts and labor provided for such warranty service work as provided in paragraph (2) of this subsection; (C) Shall provide the dealer with a schedule of compensation to be paid such dealer for parts, work, and service in connection therewith; (D) Shall provide the dealer with a schedule of the time allowance for the performance of such work and service. Any such schedule of compensation shall include reasonable compensation for diagnostic work, repair service, and labor. Time allowances for the diagnosis and performance of such work and service shall be reasonable and adequate for the work to be performed; and (E) Shall provide compensation to the dealer for assistance provided to a retail buyer or lessee whose vehicle required a change, repair, or update by remote means to any part, system, or accessory or to any function of his or her vehicle by the vehicle manufacturer, franchisor, or distributor when such assistance was performed at the dealership or by dealership personnel at another location authorized by the

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manufacturer or distributor at the request of the customer or at the request of the manufacturer, franchisor, or distributor on behalf of the customer."

SECTION 5. Said article is further amended in Code Section 10-1-662, relating to unlawful activities by franchisors, by revising paragraphs (1), (20), and (21) of and adding a new paragraph to subsection (a) to read as follows:
"(1)(A) To delay, refuse, or fail to deliver new motor vehicles or new motor vehicle parts or accessories in a reasonable time and in reasonable quantity if such vehicles, parts, or accessories are publicly advertised as being available for immediate delivery. Upon written request of the dealer, the franchisor shall communicate its allocation process in writing in a clear and concise manner within 30 days from receipt of the dealer's request. For purposes of this paragraph, a reasonable quantity of vehicles:
(i) Is fair and equitable to all line-make dealers in this state; and (ii) Does not unfairly discriminate among line-make dealers in its allocation process. (B) This paragraph is not violated, however, if such failure is caused by the occurrence of temporary international, national, or regional product or services shortages resulting from natural disaster; unavailability or scarcity of parts or service; labor strikes; supply chain disruptions; product recalls; or other factors and events beyond the control of the franchisor that temporarily reduce the supply of a franchisor or if a state or federal law, rule, or regulation necessitates modification of the allocation. (C) Nothing contained in this paragraph shall relieve a manufacturer, franchise or distributor from its obligations under paragraph (9) of subsection (b) of Code Section 10-1-661;" "(20) To take any materially adverse action against a dealer, including a dealer's ability to participate in or receive a benefit or payment owed from any incentive or reimbursement program, based on criteria it has established, implemented, or enforced for measuring the performance, including, but not limited to, sales or service performance, of a dealer unless such criteria: (A) Is fair, reasonable, and equitable; and (B) Is based on accurate and relevant information; (21) To deny, delay payment for, restrict, or bill back a claim by a dealer for payment or reimbursement for incentives, hold-backs, sales or service promotion or other special program money, or any other amount owed to such dealer by the franchisor, if based solely on the dealer's compliance with a specific program requirement of the franchisor that would cause the dealer to violate a law or any properly promulgated rule or regulation of this state; or (22) To fail to provide to the dealer a written disclosure, which may be provided to a potential consumer of a new motor vehicle, of each accessory or function of the motor vehicle that may be initiated, updated, changed, or maintained by the manufacturer or distributor through remote means, and the charge to the consumer for the initiation,

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update, change, or maintenance that is known at the time of the transaction. A manufacturer or distributor may comply with this paragraph by notifying the dealer that the information is available on a public website or by other digital means."

SECTION 6. Code Section 40-2-39 of the Official Code of Georgia Annotated, relating to registration and licensing of new motor vehicle dealers, temporary site permits, administrative fines, and penalty, is amended by revising paragraph (2) of subsection (b) as follows:
"(2)(A) It shall be unlawful for any person to engage in any activity as a new motor vehicle dealer except at an established place of business which has been registered as such under this Code section and Code Section 40-2-38 or at a temporary site. (B) For purposes of this Code section, activity as a new motor vehicle dealer shall include:
(i) Selling, leasing, offering to sell or lease, or negotiating binding terms with a retail consumer for the purchase or lease of a new motor vehicle; (ii) Soliciting, accepting, or receiving a deposit or other payment for the retail purchase or lease of a new motor vehicle; (iii) Soliciting, accepting, or processing a reservation from a retail consumer for a specific motor vehicle; or (iv) Soliciting, accepting, offering, or negotiating with a retail consumer a binding value for a motor vehicle being traded in as part of the purchase or lease of a new motor vehicle. (C) For purposes of this Code section, activity as a new motor vehicle dealer shall not include: (i) Facilitating the receipt of a deposit or a payment under a retail installment sale contract or lease on behalf of a dealer; (ii) The disclosure of a manufacturer's suggested retail price; (iii) The display of new motor vehicles for information or demonstration purposes only; (iv) The operation of a public website or other means of electronic communication that identifies to a consumer any conditional prices or financing rates, available financing sources, add-on product prices, or conditional trade-in values that are not binding on a dealer; (v) Sales, leasing, marketing, or advertising activities of manufacturers, franchisors, and distributors by or through their line-make dealers in accordance with Article 22 of Chapter 1 of Title 10; (vi) Facilitating a vehicle reservation system that allows a retail consumer to request the opportunity to purchase or lease a new vehicle, when the vehicle becomes available for sale to the public, through a franchised new motor vehicle dealer, provided that the final terms of sale are negotiated between the retail consumer and franchised new motor vehicle dealer; or

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(vii) Processing a new vehicle sold order for a specific new motor vehicle entered by a franchised new motor vehicle dealer on behalf of a specific consumer, provided that all final terms of sale are negotiated between the franchised new motor vehicle dealer and the consumer."

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

__________

GUARDIAN AND WARD COUNTY CONSERVATORS; PROVIDE.

No. 283 (Senate Bill No. 98).

AN ACT

To amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide for county conservators generally; to provide for respective rights and responsibilities of county conservators and county guardians; to provide that county administrators shall serve as ex officio county conservators; to provide for conforming changes; to revise and provide for definitions; to provide for the change of designation of county guardian to county conservator by operation of law under certain circumstances and subject to an exception; to amend Article 5 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to county administrators, so as to provide for conforming changes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended in Code Section 29-1-1, relating to definitions, by revising paragraph (3) and adding a new paragraph to read as follows:
"(2.1) 'County conservator' means an individual described as such in Chapter 8 of this title. (3) 'County guardian' means an individual described as such in Chapter 8 of this title."

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SECTION 2. Said title is further amended in Code Section 29-3-7, relating to preference among individuals for appointment of conservator and court's ability to ignore preference for best interest of minor, by revising paragraph (7) of subsection (a) as follows:
"(7) The county conservator."

SECTION 3. Said title is further amended in Code Section 29-3-71, relating to final settlements, settlement period, examination of returns and accounts by court, and return of property to minor, by revising subsection (e) as follows:
"(e) When a minor ward for whom the county administrator, county conservator, or county guardian has been previously appointed as conservator dies intestate, the conservator shall proceed to distribute the minor ward's estate in the same manner as if the conservator had been appointed administrator of the estate. The sureties on the conservator's bond shall be responsible for the conservator's faithful administration and distribution of the estate."

SECTION 4. Said title is further amended in Code Section 29-3-90, relating to appointment of temporary substitute conservator, length of appointment, powers, notice, and removal, by revising subsection (c) as follows:
"(c) The court shall appoint as temporary substitute conservator the county conservator or some other appropriate person who shall serve the best interest of the minor."

SECTION 5. Said title is further amended in Code Section 29-5-3, relating to order of preference in selecting conservator, nomination of individual to serve as conservator, and requirements of nomination, by revising paragraph (8) of subsection (b) as follows:
"(8) The county conservator."

SECTION 6. Said title is further amended in Code Section 29-5-72, relating to termination of conservatorship, required evidence to support, burden of proof, and death of ward, by revising subsection (g) as follows:
"(g) When a ward for whom the county administrator, county conservator, or county guardian has been previously appointed as conservator dies intestate, the conservator shall proceed to distribute the ward's estate in the same manner as if the conservator had been appointed administrator of the estate. The sureties on the conservator's bond shall be responsible for the conservator's faithful administration and distribution of the estate."

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SECTION 7. Said title is further amended in Code Section 29-5-100, relating to appointment of temporary substitute conservator, period of service, powers and authority, notice, and removal, by revising subsection (c) as follows:
"(c) The court shall appoint as temporary substitute conservator the county conservator or some other appropriate person who shall serve the best interest of the ward."

SECTION 8. Said title is further amended by revising Code Section 29-8-1, relating to county administrators as ex officio county guardians, as follows:
"29-8-1. County administrators as provided for in Article 5 of Chapter 6 of Title 53 are ex officio county guardians and ex officio county conservators and shall serve as guardians or conservators, respectively, in all cases where appointed by the court."

SECTION 9. Said title is further amended by revising Code Section 29-8-2, relating to bond requirements, as follows:
"29-8-2. In addition to the bond required in Code Section 53-6-41, county conservators shall give an additional bond with good security, to be judged by the court, in the sum of $5,000.00. Such additional bond shall be payable to the court for the benefit of all concerned, shall be attested by the judge or clerk of the court, and shall be conditioned upon the faithful discharge of the county conservator's duty as such, as required by law. Actions on the bond may be brought by any person aggrieved by the misconduct of the county conservator, as provided by law for actions on the bonds of other conservators."

SECTION 10. Said title is further amended by revising Code Section 29-8-3, relating to letters of guardianship or conservatorship and liability and rights of county guardian, as follows:
"29-8-3. The court shall grant to the county guardian separate letters of guardianship and to the county conservator separate letters of conservatorship upon each appointment. The county guardian and county conservator shall be subject to all liabilities and entitled to all the rights and emoluments provided for other guardians or conservators, respectively, and shall be governed by the law provided for other guardians or conservators, respectively."

SECTION 11. Said title is further amended by revising Code Section 29-8-4, relating additional security on bond, as follows:

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"29-8-4. (a) If in the opinion of the court it shall become necessary for the good of any conservatorship placed or about to be placed in the hands of the county conservator for the county conservator to give additional security on the bond or to give additional bond with security, the court shall have the authority to fix the amount of the bond and shall cite the county conservator to appear and show cause, if any, why the additional bond or additional security should not be given. (b) If upon the hearing the county conservator fails to show good cause why the additional bond or additional security should not be given, the court shall issue an order fixing the amount of the bond and direct the county conservator to give additional security on or before a certain date, which date shall be within 30 days of the date of the order. (c) Should the county conservator fail, refuse, or neglect to give additional bond or additional security on or before the date fixed in the order of the court and fail to show good cause why further time should be allowed, it shall be the duty of the court to remove the county conservator and to appoint another county conservator for the unexpired term of office. The order of removal shall be recorded as provided for the order of appointment."

SECTION 12. Said title is further amended by revising Code Section 29-8-5, relating to revocation of letters of guardianship or conservatorship or other court orders necessary for good of ward, as follows:
"29-8-5. The court may, for good cause shown, as provided in Code Section 29-4-52 or 29-5-92, respectively, revoke the letters of guardianship or conservatorship of the county guardian or county conservator, require additional security on the county conservator's bond, or issue any other order as is expedient and necessary for the good of any particular guardianship or conservatorship in the hands of the county guardian or county conservator."

SECTION 13. Said title is further amended by adding a new Code section to Chapter 8, relating to county guardians, to read as follows:
"29-8-6. On and after July 1, 2025, except as otherwise ordered by the court, in any matter related to a conservatorship provided for in this title wherein an individual designated as county guardian is serving as a conservator pursuant to this title, the designation of such individual shall by operation of law be county conservator; provided, however, that, in such instances, no additional bond as provided for in Code Section 29-8-2 shall be required unless ordered by the court for good cause shown."

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SECTION 14. Said title is further amended in Code Section 29-10-7, relating to record keeping and reporting, required visits to ward, limitations on number of wards, and cooperation with county guardians and conservators, by revising subsection (g) as follows:
"(g) Public guardians, county guardians, and county conservators shall be required to work cooperatively together when appointed for the same ward."

SECTION 15. Article 5 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to county administrators, is amended by revising subsection (b) of Code Section 53-6-35, relating to appointment, as follows:
"(b) In all counties of this state the probate court is authorized to appoint, in the same manner as the county administrator is appointed, one or more additional county administrators who shall have the same powers, duties, and authority and be subject to the same laws, including Chapter 8 of Title 29, relating to county guardians and county conservators, as county administrators."

SECTION 16. Said article is further amended by revising subsection (b) of Code Section 53-6-36, relating to qualifications and compensation, as follows:
"(b) If the county governing authority consents, county administrators and ex officio county guardians and county conservators may be paid an annual fee for so serving. The amount of any such fee shall be established by agreement of the county governing authority, the probate court, and the individual so serving. Any such fee shall be in addition to commissions authorized under other provisions of law."

SECTION 17. This Act shall become effective July 1, 2025.

SECTION 18. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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CRIMES AND OFFENSES RECKLESS CONDUCT; NEGLECT; ABANDONMENT; INDEPENDENT ACTIVITIES; MINORS.

No. 284 (Senate Bill No. 110).

AN ACT

To amend Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions relative to the juvenile code, so as to revise the definition of neglect and to provide for new definitions; to amend Code Section 16-5-60 of the Official Code of Georgia Annotated, relating to reckless conduct causing harm to or endangering the bodily safety of another and conduct by HIV infected persons, so as to provide for an exception to certain offenses of reckless conduct for legal custodians permitting children to participate in independent activities under certain conditions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 15-11-2 of the Official Code of Georgia Annotated, relating to definitions relative to the juvenile code, is amended by revising paragraph (48) and adding two new paragraphs to read as follows:
"(6.1) 'Blatant disregard' means a real, significant, and imminent risk of harm that would be so obvious to a legal custodian that a legal custodian acting reasonably would not have exposed the child to the imminent risk of harm without exercising precautionary measures to protect the child from such harm." "(37.1) 'Independent activity' means the activity of a child who is not under the direct supervision of a legal custodian or person acting in loco parentis and shall include, but shall not be limited to, playing indoors or outdoors alone or with other children, walking to or from school, running errands, or traveling to local commercial or recreational facilities." "(48) 'Neglect' means:
(A) The failure to provide necessary parental care or control, subsistence, education as required by law, or other care or control necessary for a child's physical, mental, or emotional health or safety; (B) The failure to provide a child with supervision necessary for such child's health or safety due to a legal custodian having placed the child in a situation that requires judgment or actions beyond such child's level of maturity, physical abilities, or mental abilities and thereby creating a real, significant, and imminent risk of harm to the child as a result of a blatant disregard for such legal custodian's responsibilities; or (C) The abandonment of a child by his or her parent, guardian, or legal custodian;

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provided, however, that such term shall not include a legal custodian permitting a child to engage in one or more independent activities, only if the legal custodian reasonably believes the child is of sufficient maturity, physical abilities, and mental abilities to avoid substantial risk of harm."

SECTION 2. Code Section 16-5-60 of the Official Code of Georgia Annotated, relating to reckless conduct causing harm to or endangering the bodily safety of another and conduct by HIV infected persons, is amended by revising subsection (b) as follows:
"(b)(1) As used in this subsection, the terms 'independent activity,' 'legal custodian,' and 'neglect' shall have the same meaning as provided in Code Section 15-11-2. (2) A person who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his or her act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor; provided, however, that it shall not be a violation of this subsection for a legal custodian to permit a child to engage in one or more independent activities unless doing so constitutes neglect."

SECTION 3. This Act shall become effective on July 1, 2025; provided, however, that Section 2 of this Act shall apply to offenses committed on or after such date.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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COMMERCE AND TRADE SELLING AND OTHER TRADE PRACTICES; CERTAIN PROTECTIONS FOR CONSUMERS
RELATIVE TO WARRANTIES OF HVAC SYSTEMS AND COMPONENTS OF SUCH SYSTEMS; EXTEND.

No. 285 (Senate Bill No. 112).

AN ACT

To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to extend certain protections for consumers relative to warranties of HVAC systems and components of such systems; to allow for transfers of certain manufacturers' warranties of HVAC systems and components of such systems; to prohibit manufacturers', distributors', and retailers' warranties of HVAC systems and components of such systems from being conditioned upon product registration; to provide required information for warranty and product registration cards and forms; to provide an effective date for certain warranties of HVAC systems and components of such systems; to provide a definition; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new article to read as follows:

"ARTICLE 37

10-1-960. As used in this article, the term 'HVAC' means heating, ventilation, and air-conditioning.

10-1-961. (a) If a residential real property that includes an HVAC system as a fixture to the property is conveyed to a new owner, any manufacturer's warranty in effect on that system or any component of that system:
(1) Shall be automatically transferred to the new owner; and (2) Shall continue in effect as if the new owner was the original purchaser of such system or component, as applicable. (b) A manufacturer shall continue to be obligated under the terms of any warranty transferred pursuant to subsection (a) of this Code section and shall not charge a fee for the transfer of such warranty.

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(c) A transfer of any manufacturer's warranty pursuant to subsection (a) of this Code section shall not extend the remaining term of the warranty.

10-1-962. (a) The full term of a manufacturer's, distributor's, or retailer's warranty of an HVAC system or any component of such system shall be effective in this state on the date of installation if installed by a contractor licensed under Chapter 14 of Title 43. (b) If a manufacturer, distributor, or retailer of an HVAC system or any component of such system provides a warranty or product registration card or form, or an electronic, online warranty or product registration form, the card or form shall contain the following information, displayed in a clear and conspicuous manner:
(1) The card or form is for registration of the product; and (2) Failure to complete and return the card or form shall not diminish any warranty rights or decrease the warranty term. (c) Any warranty of an HVAC system or any component of such system manufactured and issued, sold, or offered for sale by a manufacturer, distributor, or retailer shall not be in any way conditioned upon product registration."

SECTION 2. (a) This Act shall become effective on January 1, 2026. (b) This Act shall apply to any warranty of an HVAC system or any component of such system manufactured and issued, sold, or offered for sale by a manufacturer, distributor, or retailer on or after the effective date of this Act and to any modifications or extensions of such warranties issued, sold, or offered for sale on or after such date.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BUILDINGS AND HOUSING MANUFACTURED OR MOBILE HOMES; LIMITED EXCEPTIONS TO CIRCUMSTANCES UNDER WHICH A MANUFACTURED HOME SHALL BECOME REAL PROPERTY; PROVIDE.

No. 286 (Senate Bill No. 119).

AN ACT

To amend Subpart 1 of Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions for manufactured or mobile homes, so as to provide for limited exceptions to circumstances under which a manufactured home shall become real property; to provide for preservation of rights and remedies of prior holders of a lien or security interest in certain manufactured homes; to provide for notice and application requirements; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Subpart 1 of Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions for manufactured or mobile homes, is amended by revising Code Section 8-2-181, relating to manufactured home as personal property, requirements for real property status, and requirements for Certificate of Permanent Location, as follows:
"8-2-181. (a) Except as provided in subsections (c) through (f) of Code Section 8-2-183 and Code Section 8-2-183.1, a manufactured home shall constitute personal property and shall be subject to the 'Motor Vehicle Certificate of Title Act,' Chapter 3 of Title 40, until such time as the home is converted to real property as provided for in this part. (b) Except as otherwise provided in this subpart, a manufactured home shall become real property if:
(1) The home is or is to be permanently affixed on real property and one or more persons with an ownership interest in the home also has an ownership interest in such real property; and (2) The owner of the home executes and files a Certificate of Permanent Location:
(A) In the real estate records of the county where the real property is located; and (B) With the commissioner. (c) The Certificate of Permanent Location shall be in a form prescribed by the commissioner and shall include: (1) The name and address of the owner of the home;

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(2) The names and addresses of the holders of any security interest in and of any lien upon the home; (3) The title number assigned to the home; (4) A description of the real estate on which the home is or is to be located, including the name of the owner and a reference by deed book and page number to the chain of title of such real property; and (5) Any other data the commissioner prescribes."

SECTION 2. Said subpart is further amended by revising Code Section 8-2-182, relating to recording of Certificate of Permanent Location, responsibilities of commissioner, and notification to tax assessors, as follows:
"8-2-182. (a) When a Certificate of Permanent Location is properly filed with the clerk of superior court, the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the Certificate of Permanent Location and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes. The clerk shall provide the owner with a certified copy of the Certificate of Permanent Location, reflecting its filing, and shall charge and collect the fees usually charged for the provision of certified copies of documents relating to real estate. (b) Upon receipt of a certified copy of a properly executed Certificate of Permanent Location, along with the certificate of title, the commissioner shall file and retain a copy of such Certificate of Permanent Location together with all other prior title records related to the home. When a properly executed Certificate of Permanent Location has once been filed, the commissioner shall accept no further title filings with respect to that home, except as may be necessary to correct any errors in the department's records and except as provided in subsections (d) and (e) of Code Section 20-2-183 and Subparts 2 and 3 of this part. (c) When a Certificate of Permanent Location is so filed, the commissioner shall:
(1) Issue to the clerk of the superior court with whom the original Certificate of Permanent Location was filed confirmation by the commissioner that the Certificate of Permanent Location has been so filed and the certificate of title has been surrendered; and (2) Notify the holders of all security interests listed on the Certificate of Permanent Location or otherwise listed in the commissioner's records that a Certificate of Permanent Location has been filed and the certificate of title has been surrendered. Such notification shall be in writing and sent to each holder of a security interest at the address shown on the certificate of title or otherwise listed in the commissioner's records. (d) Upon receipt of confirmation of the filing of the Certificate of Permanent Location from the commissioner, the clerk of superior court shall provide a copy of the Certificate

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of Permanent Location to the appropriate board of tax assessors or such other local official as is responsible for the valuation of real property."

SECTION 3. Said subpart is further amended by revising Code Section 8-2-183, relating to status of home as part of real property, as follows:
"8-2-183. (a) When a Certificate of Permanent Location has been properly filed with the clerk of superior court, a certified copy of the Certificate of Permanent Location is properly filed with the commissioner, and the certificate of title is surrendered, the home shall become for all legal purposes a part of the real property on which it is located. Without limiting the generality of the foregoing, the home shall be subject to transfer by the owner of the real property, subject to any security interest in the real property and subject to foreclosure of any such interest, in the same manner as and together with the underlying real property. (b) When a home has become a part of the real property as provided in this part, it shall be unlawful for any person to remove such home from the real property except with the written consent of the owner of the real property and the holders of all security interests in the real property and in strict compliance with the requirements of Subpart 2 of this part. Any person who violates this subsection shall be guilty of a misdemeanor of a high and aggravated nature. (c) Notwithstanding subsections (a) and (b) of this Code Section or any other provision of law to the contrary, the filing of a Certificate of Permanent Location with the clerk of the superior court, the filing of a certified copy of the Certificate of Permanent Location with the commissioner, and the surrender of a certificate of title as provided in this subpart shall not impair the rights and remedies of a prior holder of a lien or security interest in a home until such lien or security interest has been paid off or satisfied. Such prior holder shall continue to have all rights and remedies provided by law and by contract in such home as if such home is classified as personal property and shall continue to have priority in such home, including the same priority against encumbrancers or owners of the real property that such prior holder had when such home was classified as personal property. A prior holder exercising such personal property rights and remedies as described in this subsection may remove the home from the real property where it is located without the prior written consent of the owner of such real property or the written consent of the holders of security interests in such real property and without complying with the requirements of Subpart 2 of this part. (d) Notwithstanding any other provision of law to the contrary, a holder of a lien or security interest in a home exercising personal property remedies as described in subsection (c) of this Code section may apply for a certificate of title in such home as provided in subsection (a) of Code Section 40-3-34, except the last certificate of title shall not be required in connection with such application. The commissioner or the commissioner's duly authorized county tag agent shall issue a new certificate of title to

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such holder making an application as provided in Code Section 40-3-35, and such home shall be treated as personal property for all purposes until later converted to real property as provided for in this subpart. (e) Notwithstanding any other provision of law to the contrary, a transferee acquiring a home from a holder of a lien or security interest in such home exercising personal property remedies as described in subsection (c) of this Code section may apply for a certificate of title in such home, as provided in subsection (b) of Code Section 40-3-34, except the last certificate of title shall not be required in connection with such application. The commissioner or the commissioner's duly authorized county tag agent shall issue a new certificate of title to the person making such application as provided in Code Section 40-3-35, and such home shall be treated as personal property for all purposes until later converted to real property as provided for in this subpart. (f) Notwithstanding subsections (a) and (b) of this Code Section or any other provision of law to the contrary, the filing of a Certificate of Permanent Location with the clerk of the superior court, the filing of a certified copy of the Certificate of Permanent Location with the commissioner, and the surrender of a certificate of title under this subpart shall not impose additional licensing, affirmative conduct, or prohibited acts on the holder of a personal property lien or security interest on a home or such holder's service providers or agents."

SECTION 4. This Act shall become effective on July 1, 2025, and shall apply to all contracts entered into on or after such date.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

__________

INSURANCE MINIMUM MOTOR VEHICLE LIABILITY COVERAGE FOR AN INDIVIDUAL CONVICTED OF DRIVING UNDER THE INFLUENCE.

No. 287 (Senate Bill No. 121).

AN ACT

To amend Titles 33 and 40 of the Official Code of Georgia Annotated, relating to insurance and motor vehicles and traffic, respectively, so as to increase the minimum coverage required

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under a motor vehicle liability policy for an individual convicted of driving under the influence; to provide for duration of coverage; to require proof of insurance; to provide for a definition; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Chapter 7, relating to kinds of insurance, limits of risk, and reinsurance, by adding a new Code section to read as follows:
"33-7-16. (a) No individual who is convicted of driving under the influence of alcohol with a blood alcohol concentration of 0.08 grams or higher, drugs, or other intoxicating substances in violation of Code Section 40-6-391 or an equivalent law in another state shall operate any motor vehicle in this state unless such individual has motor vehicle liability insurance that, at a minimum, provides for:
(1) Bodily injury to or death of one person in any one accident, not less than $50,000.00; (2) Bodily injury to or death of all persons in any one accident, not less than $100,000.00; and (3) Loss of, damage to, or destruction of property in any one accident, not less than $50,000.00. (b) No individual who is convicted of a second or subsequent offense of driving under the influence of alcohol with a blood alcohol concentration of 0.08 grams or higher, drugs, or other intoxicating substances in violation of Code Section 40-6-391 or an equivalent law in another state shall operate any motor vehicle in this state unless such individual has motor vehicle liability insurance that, at a minimum, provides for: (1) Bodily injury to or death of one person in any one accident, not less than $100,000.00; (2) Bodily injury to or death of all persons in any one accident, not less than $300,000.00; and (3) Loss of, damage to, or destruction of property in any one accident, not less than $100,000.00. (c) Any individual who is required to obtain the motor vehicle liability coverage provided for in subsection (a) or (b) of this Code section shall maintain no less than such coverage uninterrupted for a period of three years from the date of conviction. (d) The coverages provided for in subsections (a) and (b) of this Code section shall be in lieu of the minimum motor vehicle liability insurance coverage required under Code Section 33-7-11. (e) As used in this Code section, the term 'conviction' means a jury's finding of guilty, a guilty plea, or a plea of nolo contendere."

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SECTION 2. Title 40 of the Official Code of Georgia, relating to motor vehicles and traffic, is amended in Code Section 40-6-10, relating to insurance requirements for operation of motor vehicles generally, by adding a new paragraph in subsection (a) to read as follows:
"(1.3) Any individual who is required to maintain increased liability coverage as provided for in Code Section 33-7-16 shall keep proof or evidence of such coverage during the operation of any motor vehicle. Such proof or evidence of such coverage may be produced in either paper or electronic format, including a display of electronic images on a mobile electronic device."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to any convictions on or after such date.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

__________

CRIMINAL PROCEDURE INSANITY AND MENTAL INCAPACITY; HEARING BEFORE A COURT ORDERS AN EVALUATION OF THE MENTAL COMPETENCY OF AN ACCUSED PERSON TO STAND TRIAL; REQUIRE.

No. 288 (Senate Bill No. 132).

AN ACT

To amend Part 2 of Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to insanity and mental incapacity, so as to require a hearing before a court orders an evaluation of the mental competency of an accused person to stand trial; to provide for the release of reports of such evaluations; to establish different procedures in cases where the subject has been accused only of one or more nonviolent misdemeanor offenses, including automatic dismissal in some cases, subject to exceptions; to provide for such different procedures and such exceptions; to amend Article 2 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Behavioral Health and Developmental Disabilities, so as to provide for the receipt of conviction data; to provide for related matters; 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. Part 2 of Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to insanity and mental incapacity, is amended by revising Code Section 17-7-129, relating to mental capacity to stand trial and release of competency evaluation to prosecuting attorney, as follows:
"17-7-129. (a) When information becomes known to the court sufficient to raise a bona fide doubt regarding the accused's mental competency to stand trial, the court has a duty, sua sponte, to inquire into the accused's mental competency to stand trial; provided, however, that if such information is made known to the court by the accused or the attorney for the accused, a hearing as provided for in paragraph (1) of subsection (b) of Code Section 17-7-130 shall be required. The court may order the Department of Behavioral Health and Developmental Disabilities to conduct an evaluation of the accused's competency. The court's order shall set forth those facts which give rise to its bona fide doubt as to the accused's mental competency to stand trial. The evaluation of the Department of Behavioral Health and Developmental Disabilities shall be submitted to the court, and the court shall submit such evaluation to the attorney for the accused or, if pro se, to the accused, but otherwise, the report shall remain under seal. (b) If the accused serves notice of a special plea of mental incompetency to stand trial and the court orders a competency evaluation, the court shall release the competency evaluation to the attorney for the accused or, if pro se, to the accused, and to the prosecuting attorney; provided, however, that such evaluation shall not be released to any other person absent a court order. (c) If the court determines that it is necessary to have a trial on the issue of competency, the court shall follow the procedures set forth in Code Section 17-7-130."

SECTION 2. Said part is further amended in Code Section 17-7-130, relating to proceedings upon a plea of mental incompetency to stand trial, by revising subsections (b) and (c) as follows:
"(b)(1)(A) If an accused files a motion requesting a competency evaluation, the court shall hold a hearing to determine if there is sufficient information to raise a bona fide doubt regarding the accused's current mental competency to stand trial. The prosecuting attorney may submit information regarding the accused's current mental competency to stand trial. Any evidence presented by the accused, may, upon request by the accused or the attorney for the accused, be ex parte and any evidence submitted by either party shall be filed under seal. The court may, upon cause shown at such hearing, order the department to conduct an evaluation by a physician or licensed psychologist to determine the accused's mental competency to stand trial.

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(B) If the physician or licensed psychologist provided for in subparagraph (A) of this paragraph determines the accused to be mentally incompetent to stand trial, the department, in its sole discretion, shall determine an appropriate treatment with the capability to restore the accused to competency, which may include inpatient treatment in a secure facility designated by the department or a jail-based competency restoration program, and, if the accused is a child, the department shall be authorized to place such child in a secure facility designated by the department. (C) The department's evaluation made pursuant to subparagraph (A) of this paragraph shall be submitted to the court, and the court shall submit such evaluation to the attorney for the accused or, if pro se, to the accused; provided, however, that the evaluation shall be under seal and shall not be released to any other person absent a court order. (D) As used in this paragraph, the term 'jail-based competency restoration' means clinical services for competency restoration that are provided in jails to persons found incompetent to stand trial pursuant to mutual agreements entered into between sheriffs and the department to offer such clinical services in jails. (2) If the accused files a special plea alleging that the accused is mentally incompetent to stand trial, it shall be the duty of the court to have a bench trial, unless the state or the accused demands a special jury trial, to determine the accused's competency to stand trial. Once a special plea has been filed, the court shall submit the department's evaluation to the prosecuting attorney. (c)(1) If the court finds the accused is mentally incompetent to stand trial, the court may order a department physician or licensed psychologist to evaluate and diagnose the accused as to whether there is a substantial probability that the accused will attain mental competency to stand trial in the foreseeable future. The court shall retain jurisdiction over the accused and shall transfer the accused to the physical custody of the department. At its discretion, the court may allow the evaluation to be performed on the accused as an outpatient if the accused is charged with a nonviolent offense. (2) The evaluation provided for in paragraph (1) of this subsection shall be performed: (A) Except as provided in subparagraph (B) of this paragraph, within 90 days after the department has received actual custody of an accused or, in the case of an outpatient, a court order requiring evaluation of an accused. If the accused is a child, the department shall be authorized to place such child in a secure facility designated by the department; or (B) If the accused is charged only with one or more nonviolent misdemeanor offenses, within 45 days after the department has received actual custody of an accused or, in the case of an outpatient, a court order requiring evaluation of an accused; provided, however, that the provisions of this subparagraph shall not apply to a misdemeanor charge of driving under the influence of drugs or alcohol in violation of Code Section 40-6-391 or a misdemeanor charge involving an act of domestic violence. (3) If the evaluation provided for in paragraph (1) of this subsection shows:

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(A) That the accused is mentally competent to stand trial, the department shall immediately report that determination and the reasons therefor to the court, and the court shall submit such determination to the attorney for the accused or, if pro se, to the accused and to the prosecuting attorney. The accused shall be returned to the court as provided for in subsection (d) of this Code section; (B) That the accused is mentally incompetent to stand trial and that there is not a substantial probability that the accused will attain competency in the foreseeable future, the court shall follow the procedures set forth in subsection (e) of this Code section for civil commitment or release; or (C) That the accused is mentally incompetent to stand trial but there is a substantial probability that the accused will attain competency in the foreseeable future:
(i) Except as provided in division (ii) of this subparagraph, by the end of the 90 day period provided for in subparagraph (A) of paragraph (2) of this subsection, or at any prior time, the department shall report that finding and the reasons therefor to the court and shall retain custody over the accused for the purpose of continued treatment for an additional period not to exceed nine months; provided, however, that if the accused is charged with a misdemeanor offense or a nonviolent offense, the court shall retain jurisdiction over the accused but may, in its discretion, allow continued treatment to be done on an outpatient basis by the department and the department shall monitor the accused's outpatient treatment for the additional period not to exceed nine months; or (ii) If the accused is charged only with one or more nonviolent misdemeanor offenses, by the end of the 45 day period provided for in subparagraph (B) of paragraph (2) of this subsection, or at any prior time, the department shall report that finding and the reasons therefor to the court and shall retain custody over the accused for the purpose of continued treatment for an additional period not to exceed 120 days; provided, however, that the court shall retain jurisdiction over the accused but may, in its discretion, allow continued treatment to be done on an outpatient basis by the department and the department shall monitor the accused's outpatient treatment for the additional period not to exceed 120 days. (D)(i) If, by the end of the nine-month period provided for in division (i) of subparagraph (C) of this paragraph or at any prior time the accused's condition warrants, the accused is still determined by the department physician or licensed psychologist to be mentally incompetent to stand trial, irrespective of the probability of recovery in the foreseeable future, the department shall report that finding and the reasons therefor to the court. The court shall then follow the procedures in subsection (e) of this Code section for civil commitment or release. (ii) If, by the end of the 120 day period provided for in division (ii) of subparagraph (C) of this paragraph or at any prior time the accused's condition warrants, the accused is still determined by the department physician or licensed psychologist to be mentally incompetent to stand trial, irrespective of the probability

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of recovery in the foreseeable future, the charges against the accused shall be dismissed as a matter of law by the court and the accused shall be referred to a community service board unless otherwise ordered by the court for cause shown upon the hearing of a motion by the prosecuting attorney."

SECTION 3. Article 2 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Behavioral Health and Developmental Disabilities, is amended by revising Code Section 37-1-28, relating to conviction data, as follows:
"37-1-28. (a) As used in this Code section, the term 'conviction data' means a record of a finding or verdict of guilty or a plea of guilty or a plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (b) The department may receive from any law enforcement agency conviction data that is relevant to a person whom the department or its contractors is considering as a final selectee for employment in a position the duties of which involve direct care, treatment, custodial responsibilities, or any combination thereof for its clients. (c) The department may receive from any law enforcement agency conviction data which is relevant to a person whom the department or its contractors is considering as a final selectee for employment in a position if, in the judgment of the employer, a final employment decision regarding the selectee can only be made by a review of conviction data in relation to the particular duties of the position and the security and safety of clients, the general public, or other employees. (d) The department shall establish a uniform method of obtaining conviction data under subsection (a) of this Code section which shall be applicable to the department and its contractors. Such uniform method shall require the submission to the Georgia Crime Information Center of fingerprints and the records search fee in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of its own records and records to which it has access. After receiving the fingerprints and fee, the Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. (e) All conviction data received shall be for the exclusive purpose of making employment decisions or decisions concerning individuals in the care of the department and shall be privileged and shall not be released or otherwise disclosed to any other person or agency. Immediately following the employment decisions or upon receipt of the conviction data, all such conviction data collected by the department or its agent shall be maintained by the department or agent pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable.

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Penalties for the unauthorized release or disclosure of any conviction data shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. (f) The department may promulgate written rules and regulations to implement the provisions of this Code section. (g) The department shall be authorized to conduct a name or descriptor based check of any person's criminal history information, including arrest and conviction data, and other information from the Georgia Crime Information Center regarding any adult person who provides care or is in contact with persons under the care of the department without the consent of such person and without fingerprint comparison to the fullest extent permissible by federal and state law. (h) If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program and the department shall notify the individual whose fingerprints were taken of the parameters of such retention."

SECTION 4. This Act shall become effective on July 1, 2025, and shall apply to any motions made or hearings or trials commenced on or after such date.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

__________

LOCAL GOVERNMENT INCORPORATION OF MUNICIPAL CORPORATIONS; TRANSITION OF CERTAIN SERVICES RELATED TO NEWLY INCORPORATED
MUNICIPALITIES IN CERTAIN COUNTIES; PROVIDE.

No. 289 (Senate Bill No. 138).

AN ACT

To amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to provide for the transition of certain services related to newly incorporated municipalities in certain counties; to provide definitions; to provide for the provision and cost allocation of police and law enforcement services for such municipalities; to provide for the ownership, control, and maintenance of road rights of ways

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and certain storm-water drainage infrastructure in such municipalities; to provide for the transfer of certain fees and taxes collected by such county to such municipalities; to exempt such counties from having to renegotiate service delivery strategy agreements and address the provision of services to such municipalities in lieu of such renegotiations; to provide that such municipalities shall not be obligated to pay certain election costs; to provide that a county shall cover the legal expenses of such a newly incorporated municipality in the event of legal challenges relating to or arising from the transition of such services; to provide for a limited waiver of sovereign immunity; to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes related to insurance, so as to revise provisions related to population data related to newly incorporated municipalities and municipal taxes on life insurance and other insurance companies; to revise provisions related to when newly incorporated municipalities may be allocated taxes on life insurance and other insurance companies; 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 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, is amended by adding a new Code section to read as follows:
"36-31-11.2. (a) As used in this Code section, the term:
(1) 'County' means a county with more than 15 municipalities wholly or partially located within its boundaries. (2) 'Qualified municipality' means any new municipality created by local Act which becomes law on or after January 1, 2024. (3) 'Transition period' means the period for the transition of governmental services from a county to a qualified municipality as provided for by this chapter or the local Act incorporating such qualified municipality. (b) Notwithstanding any provision of law to the contrary:
(1)(A) When a qualified municipality is created within a county which has a special district consisting of both the unincorporated area and certain incorporated areas of the county for the provision of police or law enforcement services, the territory within the new qualified municipality shall remain in such special district until the qualified municipality notifies the county of its intention to leave such special district and assume full responsibility for the provision of police and law enforcement services. In no event shall a qualified municipality be required to provide more than one year's notice prior to exercising the option provided for in this paragraph to leave such special district if the county police department is staffed at less than 95 percent of its authorized number of certified peace officers.

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(B)(i) During the period that a qualified municipality remains within a police or law enforcement special district as provided for in subparagraph (A) of this paragraph, the county shall continue to provide police and law enforcement services within the boundaries of the qualified municipality in the same manner as other parts of the special district. (ii) In the event that, at the end of a fiscal year for the special district, the actual special district ad valorem taxes collected within the boundaries of the qualified municipality are greater than the actual costs incurred by the county in providing police or law enforcement services within the boundaries of the qualified municipality, within 60 days of the final day of such fiscal year, the county shall deliver such excess funds to the qualified municipality. (iii) For the purpose of complying with division (ii) of this subparagraph, the actual costs of providing police or law enforcement services within the qualified municipality shall be calculated based upon the actual time county police or law enforcement officers spend providing police or law enforcement services within the boundaries of the qualified municipality. The costs of such police and law enforcement services shall include the costs of county police or law enforcement officers:
(I) Patrolling and responding to dispatches or calls for service within the qualified municipality; and (II) Investigating crimes originating within the qualified municipality regardless of the physical location where such investigative activities occur. (iv) The fiscal authority for a special district for the provision of police or law enforcement services shall have the duty of tracking all information and making all calculations necessary to comply with the provisions of this paragraph. (v) Nothing in the paragraph shall affect or be affected by the provision of law enforcement services by a county sheriff. (2) A qualified municipality during the transition period shall assume ownership or control over any road rights of way located within the area incorporated and shall have the full power and authority to regulate the use of such rights of ways, including but not limited to the granting of franchises and collection of franchise fees related to the use of such rights of way. At the sole discretion of the qualified municipality, during any such transition period, the county shall continue to perform maintenance and care for such road rights of way in the same manner that the county maintains and cares for road rights of way owned and controlled by the county in the unincorporated parts of the county. (3) A qualified municipality shall not take control of, maintain, be responsible for, or hold title to any infrastructure designed to temporarily retain 1,000 gallons or more of storm water or any dams or detention ponds located within the boundaries of such municipality that, prior to the creation of such municipality, were controlled, maintained, or the responsibility of the county unless such municipality explicitly agrees otherwise. Regardless of any transition period, the county shall continue to control, maintain, and

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be responsible for such infrastructure in the same manner and degree as it did prior to the incorporation of the qualified municipality until the qualified municipality and the county agree otherwise.
(4)(A) In the event that: (i) A qualified municipality succeeds to the control of local government services pursuant to Article IX, Section II, Paragraph III(a) of the Constitution, this chapter, or the local Act incorporating the qualified municipality during the middle of a county's fiscal year; (ii) The county, immediately prior to the qualified municipality succeed to the provision of such service, levied or collected any tax, fee, or other charge within territory that is then or subsequently within the boundaries of the qualified municipality; and (iii) Such tax, fee, or charge is directly related to the provision of such service,
the county shall remit to the qualified municipality funds equal to a pro rata share of such collections based upon the amount of time during such fiscal year that the county verses the qualified municipality provide the service related to such tax, fee, or collection. (B) This paragraph shall apply, but not be limited, to alcoholic beverage fees and taxes, business license fees, and occupation taxes collected within the qualified municipality, and shall not affect the validity of any permits or licences issued by the county upon the collection of such taxes, fees, or charges. (5)(A) For the purposes of this paragraph, the term 'permit or other official approval of activity' mean any permitting or application process related to licenses or permits related, but not limited to, alcoholic beverages, building, community development, land use and zoning, and regulated businesses or industries. (B) In the event that a county, prior to a qualified municipality succeeding to the control of a local government services pursuant to Article IX, Section II, Paragraph III(a) of the Constitution, this chapter, or the local Act incorporating the qualified municipality, accepts any application and fee related to the issuance of a permit or other official approval of activity relating to a governmental service assumed by the qualified municipality, and the related permitting or regulatory process is not fully completed by the county by the time the qualified municipality succeeds to the provision of such service, and such fees are not fully refunded to the applicant, the county shall transfer and remit to the qualified municipality the following percentage of such fees collected by the county:
(i) Ninety-five percent if no action beyond mere acceptance has been taken upon the application; (ii) Seventy-five percent if the application has been processed but no required inspections have occurred; or (iii) Fifty percent if the application or regulatory process has been completed but final approval or permits have not be issued.

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(C) The county shall transfer all required funds to the qualified municipality within 30 days of being obligated to remit fees as required by subparagraph (B) of this paragraph. (6) The incorporation of a qualified municipality shall not require the county or any municipalities located within such county to renegotiate any service delivery strategy agreement enacted pursuant to Chapter 72 of this title that is in place on the date that the qualified municipality is incorporated. In lieu of such agreement being renegotiated during any transition period, the qualified municipality may elect to have the county provide within the boundaries of the qualified municipality any service or services that the county is providing to either another municipality or the unincorporated areas of the county pursuant to the then-current service delivery strategy agreement. The county shall provide any such elected services to the qualified municipality under the same conditions and in the same manner as it provides to the other municipality or the unincorporated area of the county. Such elections shall occur within six months of either the effective date of this Code section or the date of incorporation, whichever is later. (7) A qualified municipality shall have no obligation to repay the costs of any special election conducted either to: (A) Present a question to the voters on the incorporation of such municipality; or (B) Elect the initial governing authority of such municipality. (c)(1) In the event that: (A) A county fails to comply with the transition provisions provided for in this Code section, a qualified municipality is forced to seek judicial remedies for such failure to comply, and the qualified municipality is ultimately successful in such legal action; or (B) A qualified municipality is subject to a legal action initiated by a third party seeking to enforce its rights as a result of the qualified municipality's failure to meet a duty or obligation provided by law, and the qualified municipality's failure to meet such duty or obligation was the direct result of actions taken by a county relating to the transition of services between the county and qualified municipality, then the county shall be responsible for reimbursing the qualified municipality for all legal expenses incurred by such qualified municipality in prosecuting or defending such action as well as any damages paid by the qualified municipality to such injured third party. The sovereign immunity of the county is waived to the extent necessary to effectuate this paragraph. (2) In the event that a county is found by a court of competent jurisdiction to have violated any duty or obligation arising from this chapter, the sovereign immunity of such county and the governmental immunity of all local officials of such local governing body is waived in all matters arising during a period of one year from the date of such judicial finding."

SECTION 2. Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes related to insurance, is amended by revising subsection (h) of Code Section 33-8-8.1, relating

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to county and municipal corporation taxes on life insurance companies, and by adding a new subsection to read as follows:
"(h) For purposes of this Code section, population shall be measured by the United States decennial census of 1990 or any future such census plus any corrections or revisions contained in official statements by the United States Bureau of the Census made prior to the first day of September immediately preceding the distribution of the proceeds of such taxes by the Commissioner and any additional official census data received by the Commissioner from the United States Bureau of the Census or its successor agency pertaining to any newly incorporated municipality. Any such official census data relating to any newly incorporated municipality shall be backdated to the initial filing provided for in subsection (e) of this Code section; provided, however, in the event that such census data is insufficient, the Commissioner shall use the census tract data from the charter of the newly incorporated municipality in lieu of the official census data. Such corrections, revisions, or additional data shall be certified to the Commissioner by the Office of Planning and Budget on or before August 31 of each year. (i) Notwithstanding any other provisions of this Code section to the contrary, in the event a new municipality is incorporated in a given year by the approval of a referendum of the electors of such municipality, and within 18 months of such referendum taking place such municipality has completed all steps necessary to impose a tax as provided for in this Code section, and the proceeds of such tax have not already been allocated by the Commissioner, such municipality shall be entitled to be considered a municipality pursuant to paragraph (2) of subsection (d) of this Code section and shall be allocated taxes collected pursuant to this Code section for the year such referendum took place."

SECTION 3. Said chapter is further amended by revising subsection (c) and adding a new subsection to Code Section 33-8-8.2, relating to county and municipal corporation taxes on other than life insurance companies, as follows:
"(b.1) Notwithstanding any other provisions of this Code section to the contrary, in the event a new municipality is incorporated in a given year by the approval of a referendum of the electors of such municipality, and within 18 months of such referendum taking place such municipality has completed all steps necessary to impose a tax as provided for in this Code section, and the proceeds of such tax have not already been allocated by the Commissioner, such municipality shall be entitled to be considered a municipality pursuant to this Code section to be allocated taxes collected pursuant to this Code section for the year such referendum took place. (c) For purposes of this Code section, population shall be measured by the United States decennial census of 1990 or any future such census plus any corrections or revisions contained in official statements by the United States Bureau of the Census made prior to the first day of September immediately preceding the distribution of the proceeds of such taxes by the Commissioner and any additional official census data received by the

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Commissioner from the United States Bureau of the Census or its successor agency pertaining to any newly incorporated municipality. Any such official census data relating to any newly incorporated municipality shall be backdated to the initial filing provided for in paragraph (1) of subsection (b) of this Code section; provided, however, in the event that such census data is insufficient, the Commissioner shall use the census tract data from the charter of the newly incorporated municipality in lieu of the official census data. Such corrections, revisions, or additional data shall be certified to the Commissioner by the Office of Planning and Budget on or before August 31 of each year."

SECTION 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 May 14, 2025.

__________

REVENUE AND TAXATION THE APPEAL AND PROTEST PERIOD FROM 30 DAYS TO 45 DAYS FOR TAX ASSESSMENTS; EXTEND.

No. 290 (Senate Bill No. 141).

AN ACT

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to extend the appeal and protest period from 30 days to 45 days for tax assessments; to clarify final determination language for federal income tax adjustments; to provide for an extension of preferential assessment periods for certain historic properties; 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:

PART I SECTION 1-1.

Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Article 2 of Chapter 2, relating to administration, by revising paragraph (2) of

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subsection (c) and subparagraph (c)(6)(A) of Code Section 48-2-35, relating to refunds, claims, and notice to political subdivision designee, as follows:
"(2) In the event the taxpayer desires a conference or hearing before the commissioner or the commissioner's delegate in connection with any claim for refund, he or she shall specify such desire in writing in the claim and, if the claim conforms with the requirements of this Code section, the commissioner shall grant a conference at a time he or she shall reasonably specify. A taxpayer may contest any claim for refund that is denied in whole or in part by filing with the commissioner a written protest at any time within 45 days from the date of notice of refund denial or partial payment. Such 45 day period shall be extended for such additional period as may be agreed upon in writing between the taxpayer and the commissioner during the initial 45 day period or any extension thereof. In the event the taxpayer wishes to request a conference, that request shall be included in the written protest. All protests shall be prepared in the form and contain such information as the commissioner shall reasonably require and shall include a summary statement of the grounds upon which the taxpayer relies, an identification of the transactions being contested, and the reasons for disputing the findings of the commissioner. The commissioner shall grant a conference before the commissioner's designated officer or agent at a time specified and shall make reasonable rules governing the conduct of conferences. The discretion given in this Code section to the commissioner shall be reasonably exercised on all occasions."
"(6)(A) No action or proceeding for the recovery of a refund under this Code section shall be commenced before the expiration of one year from the date of filing the claim for refund unless the commissioner or the commissioner's delegate renders a decision on the claim within that time, nor shall any action or proceeding be commenced after the later of:
(i) The expiration of two years from the date the claim is denied; or (ii) If a valid protest is filed under paragraph (2) of this subsection, 45 days after the date of the department's notice of decision on such protest."

SECTION 1-2. Said title is further amended in said article by revising subsection (a) of Code Section 48-2-38, relating to due date and interest on deferred taxes, as follows:
"(a) Except as otherwise expressly provided by law, all state taxes and licenses except ad valorem and income taxes shall be due and payable either with the return or within 45 days after notice, as the case may be."

SECTION 1-3. Said title is further amended in said article by revising subsection (a) of Code Section 48-2-45, relating to service of notice of assessment, as follows:
"(a)(1) In all cases in which the commissioner is required by law to provide an opportunity to appeal, the assessment of a tax or license fee shall become final if no

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written appeal is filed by the taxpayer with the commissioner within 45 days of the date of the notice of assessment. (2) For the purposes of this subsection, the notice shall be deemed to have been given if written notice is sent by registered or certified or first-class mail or by statutory overnight delivery and addressed to the taxpayer at his or her last known address, as shown on the records of the department."

SECTION 1-4. Said title is further amended in said article by revising Code Section 48-2-46, relating to procedures for protests, as follows:
"48-2-46. Any taxpayer may contest any proposed assessment or license fee made or determined by the commissioner by filing with the commissioner a written protest at any time within 45 days from the date of notice of the proposed assessment or license fee or within such other time limit as may be specified within the notice of proposed assessment or license fee, if a different time limit is specified. All protests shall be prepared in the form and contain such information as the commissioner shall reasonably require and shall include a summary statement of the grounds upon which the taxpayer relies and his or her reasons for disputing the finding of the commissioner. The filing of a written protest, a petition for redetermination of a deficiency, or a written request by the taxpayer for additional time for filing such a petition shall toll the period of limitations for making an assessment until the petition is denied by the commissioner or the request is withdrawn in writing by the taxpayer. In the event the taxpayer desires a conference or hearing, the fact of such desire must be set out in the protest. The commissioner shall grant a conference before his or her officers or agents as he or she may designate at a time he or she shall specify and shall make such reasonable rules governing the conduct of conferences as he or she may deem proper. The discretion given in this Code section to the commissioner shall be reasonably exercised on all occasions."

SECTION 1-5. Said title is further amended in said article by revising Code Section 48-2-54, relating to action by commissioner to collect unpaid tax, as follows:
"48-2-54. In the event any taxpayer fails to pay any tax due, the commissioner shall notify the taxpayer and his or her surety or sureties by mailing a letter to their post office addresses last known to the commissioner. If, after 45 days of mailing the notice, the amount due remains unpaid, the commissioner shall bring an action to collect the amount due, including, but not limited to, penalties, interest, and costs. It shall not be necessary to make the defaulting taxpayer a party to any action that may be brought against his or her surety or sureties."

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SECTION 1-6. Said title is further amended in said article by revising subsections (b) and (c) of Code Section 48-2-59, relating to appeals, payment of taxes admittedly owed, bond, and costs, as follows:
"(b) The taxpayer shall commence an appeal by filing a petition with the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 or the superior court within 45 days from the date of decision by the commissioner or at any time after the department records a state tax execution pursuant to Code Section 48-3-42. (c) Before the superior court shall have jurisdiction to entertain an appeal filed by any aggrieved taxpayer, the taxpayer shall file with the clerk of the superior court a written statement whereby the taxpayer agrees to pay on the date or dates the taxes become due all taxes for which the taxpayer has admitted liability. Additionally, the taxpayer shall file with the clerk of the superior court within 45 days from the date of decision by the commissioner, except when the value of the appellant's title or interest in real property owned in this state is in excess of the amount of the tax in dispute, a surety bond or other security in an amount satisfactory to the clerk, conditioned to pay any tax over and above that for which the taxpayer has admitted liability and which is found to be due by a final judgment of the court, together with interest and costs. It shall be ground for dismissal of the appeal if the taxpayer fails to pay all taxes admittedly owed upon the due date or dates as provided by law. This subsection shall not apply to appeals filed with the Georgia Tax Tribunal as provided in Chapter 13A of Title 50."

SECTION 1-7. Said title is further amended in Article 3 of Chapter 6, relating to intangible recording tax, by revising subsection (c) of Code Section 48-6-76, relating to procedure for protesting intangible recording tax, payment under protest, special escrow fund, filing claim, approval or denial by commissioner, and action for refund, as follows:
"(c) The taxpayer making a payment under written protest may file at any time within 45 days after the date of the payment a claim for refund of the protested amount of the payment with the commissioner. Each claim shall be in writing, shall be in the form and contain such information as the commissioner requires, and shall include a summary statement of the grounds upon which the taxpayer relies in contending that the collection of the amount was erroneous or illegal. A copy of the claim shall be filed by the taxpayer within the 45 day period with the collecting officer or said officer's successor who collected the protested amount."

SECTION 1-8. Said title is further amended in Article 2 of Chapter 7, relating to imposition, rate, computation, exemptions, and credits, by revising subparagraph (d)(2)(C) of Code Section 48-7-31, relating to taxation of corporations and computation, allocation, and apportionment of income, as follows:

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"(C) If the allocation and apportionment provisions provided for in this paragraph do not fairly represent the extent of the taxpayer's business activity in this state, the taxpayer may petition the commissioner for, or the commissioner may by regulation require, with respect to all or any part of the taxpayer's business activity, if reasonable:
(i) Separate accounting; (ii) The exclusion of any one or more of the factors; (iii) The inclusion of one or more additional factors that will fairly represent the taxpayer's business activity within this state; or (iv) The employment of any other method to effectuate an equitable allocation and apportionment of the taxpayer's income. The denial of a petition under this subparagraph shall be appealable pursuant to Code Section 48-2-59. Such an appeal shall be filed within 45 days of the date of the commissioner's notice of denial;"

SECTION 1-9. Said title is further amended in Article 4 of Chapter 7, relating to payment, deficiencies, assessment, and collection, by revising subsection (e) of Code Section 48-7-82, relating to periods of limitation for assessment of taxes, collection by execution, and change or correction of net income, as follows:
"(e)(1) Except as provided in Code Section 48-7-53, when a taxpayer's amount of net income for any year under this chapter as returned to the United States Department of the Treasury is changed or corrected by the commissioner of internal revenue or other officer of the United States of competent authority, the taxpayer, within 180 days after the final determination date of the changed or corrected net income, shall make a return to the commissioner of the changed or corrected income, and the commissioner shall make assessment within one year from the date the return required by this paragraph is filed or the taxpayer shall claim a refund based on the change or correction within one year from the date the return required by this paragraph is filed. If the taxpayer does not make the return reflecting the changed or corrected net income and the commissioner receives from the United States government or one of its agents a report reflecting the changed or corrected net income, the commissioner shall make assessment for taxes due based on the change or correction within five years from the date the report from the United States government or its agent is actually received. If he or she chooses, the commissioner shall have the authority to establish a de minimis amount upon which a taxpayer shall not be required to comply with this subsection. For purposes of this subsection the final determination date shall be determined as follows:
(A) Except as provided in subparagraphs (B) and (C) of this paragraph, the final determination date is the first day on which no changes or corrections for a particular audit remain to be finally determined, whether by agreement, or, if appealed or contested, by a final decision with respect to which all rights of appeal have been waived or exhausted. For agreements required to be signed by the commissioner of

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internal revenue and the taxpayer, the final determination date is the date on which the last party signed the agreement; (B) If the taxpayer filed as a member of a combined or consolidated group, the final determination date is the first day on which no related changes or corrections for a particular audit remain to be finally determined for the entire group; or (C) If the federal adjustment results from filing an amended federal return, a federal refund claim, or an administrative adjustment request, or if it is a federal adjustment reported on an amended federal return or other similar report filed pursuant to Section 6225(c) of the Internal Revenue Code, the final determination date is the day on which the amended return, refund claim, administrative adjustment request, or other similar report was filed. (2) In the event the taxpayer fails to notify the commissioner of the final determination of his or her United States income taxes, the commissioner shall proceed to determine, upon evidence that the commissioner has brought to his or her attention or that he or she otherwise acquires, the corrected income of the taxpayer for the fiscal or calendar year. If additional tax is determined to be due, the tax shall be assessed and collected. If it is determined that there has been an overpayment of tax for the year, the taxpayer, by his or her failure to notify the commissioner as required in paragraph (1) of this subsection, shall forfeit his or her right to any refund due by reason of the change or correction. A taxpayer who so fails to notify the commissioner, however, shall be entitled to equitable recoupment of 90 percent of any overpayment so determined against any additional tax liability so determined, the remaining 10 percent of the overpayment being totally forfeited as a penalty for failure to make a return as required by paragraph (1) of this subsection."

SECTION 1-10. Said title is further amended in Article 1 of Chapter 9, relating to motor fuel tax, by revising paragraph (5) of subsection (a) of Code Section 48-9-12, relating to powers of commissioner, notice of license cancellation, retention of bonds, public inspection of records, estimated assessments, time extensions, and list of licensed distributors, as follows:
"(5) Reinstate a canceled license when information is provided at a hearing or otherwise within 45 days of cancellation which satisfies the commissioner that the license should be reinstated;"

PART II SECTION 2-1.

Said title is further amended in Article 1 of Chapter 5, relating to general provisions relative to ad valorem taxation of property, by revising paragraph (4) of subsection (h) of Code Section 48-5-7.2, relating to preferential assessment for rehabilitated historic property, as follows:

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"(4) The expiration of nine years during which the property was classified and assessed as rehabilitated historic property; provided, however, that any such property may qualify thereafter as rehabilitated historic property if such property is subject to subsequent rehabilitation and qualifies under the provisions of this Code section; provided, further, that, if approved by the governing authority of the county, the classification and assessment under this Code section may continue for a period of up to an additional 12 years for income-producing real property, and such property's fair market value shall continue to be calculated pursuant to division (3)(C)(ii) of Code Section 48-5-2 during such period."

SECTION 2-2. Said title is further amended in said article by revising subparagraph (e)(1)(E) of Code Section 48-5-7.3, relating to preferential assessment for landmark historic property, as follows:
"(E) The expiration of nine years during which the property was classified and assessed as landmark historic property; provided, however, that any such property may qualify thereafter as landmark historic property if such property is subject to subsequent rehabilitation and qualifies under other portions of the historic properties tax incentive program contained within the provisions of this Code section; provided, further, that, if approved by the governing authority of the county, the classification and assessment under this Code section may continue for a period of up to an additional 12 years for income-producing real property, and such property's fair market value shall continue to be calculated pursuant to division (3)(D)(ii) of Code Section 48-5-2 during such period."

PART III SECTION 3-1.

This Act shall become effective on July 1, 2025.

SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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EDUCATION UNITED STATES DEPARTMENT OF EDUCATION; REFERENCES FROM THE OFFICIAL CODE OF GEORGIA ANNOTATED; REVISE OR REMOVE.

No. 291 (Senate Bill No. 154).

AN ACT

To amend Titles 20, 35, and 43 of the Official Code of Georgia Annotated, relating to education, law enforcement officers and agencies, and professions and businesses, respectively, so as to revise or remove references to the United States Department of Education from the Official Code of Georgia Annotated; to replace a reference to student aid reports with FAFSA submission summary; to provide for related matters; to provide for an effective date and contingent effectiveness; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Titles 20, 35, and 43 of the Official Code of Georgia Annotated, relating to education, law enforcement officers and agencies, and professions and businesses, respectively, are amended by inserting ", or its successor," after "United States Department of Education" or "U.S. Department of Education" wherever the latter terms appear in:
(1) Code Section 20-2-148, relating to elective course in history and literature of the Old and New Testaments and religious neutrality; (2) Code Section 20-2-286, relating to innovative assessment pilot program, procedure, and reporting; (3) Paragraph (3) of subsection (b) of Code Section 20-3-250.5, relating to administration and general powers and duties; (4) Code section 35-8-8, relating to requirements for appointment or certification of persons as peace officers and preemployment attendance at basic training course and "employment related information" defined; (5) Code Section 43-10A-3, relating to definitions relative to licensing provisions for professional counselors, social workers, and marriage and family therapists; (6) Code Section 43-11-71, relating to qualifications of applicants for license and criminal background check relative to dental hygienists; (7) Code Section 43-24A-3, relating to definitions relative to massage therapy practice; (8) Code Section 43-30-1, relating to definitions relative to optometrists; (9) Code Section 43-39-22, relating to the terms of the "Psychology Interjurisdictional Compact (Psypact)"; and (10) Code Section 43-44-31, relating to the text of compact relative to the "Audiology and Speech-Language Pathology Interstate Compact Act."

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SECTION 2. Titles 20 and 43 of the Official Code of Georgia Annotated, relating to education and professions and businesses, respectively, are amended by inserting "or its successor" after "United States Department of Education" wherever the latter appears in:
(1) Code Section 20-2-206, relating to alternative teacher certification program and creditable service; (2) Code Section 20-2-664, relating to role of department of education relative to student data privacy, accessibility, and transparency; (3) Code Section 20-3-250.3, relating to educational institutions exempted from application of part; (4) Subsection (e) of Code Section 20-3-250.5, relating to administration and general powers and duties; (5) Code Section 20-3-395, relating to definitions relative to direct loans to students on basis of need and merit; (6) Code Section 20-3-400.1, relating to definitions relative to Graduate on Time student loans; (7) Code Section 20-3-405.1, relating to definitions relative to education for public service student loans; (8) Code Section 43-10A-61, relating to the enactment and text of the Social Work Licensure Compact; (9) Code Section 43-21A-3, relating to definitions relative to the "Industrial Hygiene, Health Physics, and Safety Profession Recognition and Title Protection Act"; (10) Code Section 43-26-3, relating to definitions relative to the "Georgia Registered Professional Nurse Practice Act"; and (11) Code Section 43-26-32, relating to definitions relative to licensed practical nurses.

SECTION 3. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Code Section 20-3-660, relating to tuition waiver program for qualifying foster and adopted individuals, by revising subsection (d) as follows:
"(d) For each student who meets the requirements provided for in subsection (c) of this Code section, such student's public postsecondary educational institution shall waive tuition and all fees as necessary to cover all assessed costs of attendance, as defined in 20 U.S.C. Section 1087ll, that are not covered by all available federal and nonfederal student aid sources identified in the student's Free Application for Federal Student Aid (FAFSA) submission summary, excepting student loans and any work-study program provided for in 42 U.S.C. 2751-2756b."

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that Sections 1 and 2 of this Act shall only

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become effective upon an act of Congress repealing the establishment of the United States Department of Education or otherwise abolishing the United States Department of Education.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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LABOR AND INDUSTRIAL RELATIONS EMPLOYMENT SECURITY; CERTAIN NOTICE PROVISIONS RELATING
TO BENEFITS AND APPEALS; REVISE.

No. 292 (Senate Bill No. 191).

AN ACT

To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to revise certain notice provisions relating to benefits and appeals; to provide a definition; 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 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by adding a new Code section to read as follows:
"34-8-53. As used in this chapter, the term 'issue date' means the date on which the department releases a determination or decision to an interested party by mail, hand delivery, or with the consent of the party, electronically. The issue date shall be printed on a determination or decision issued by the department. Through the promulgation of administrative rules, the Commissioner is authorized to waive, alter, extend, or set aside the time limit provisions of the law by which a determination or decision of the department becomes final; provided, however, that any such rule shall be consistent with due process to all interested parties, and the purpose and policy of this chapter."

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SECTION 2. Said chapter is further amended by revising subsection (c) of Code Section 34-8-192, relating to initial determination and redetermination of eligibility for, amount of, and duration of benefits, as follows:
"(c) A determination shall be final unless a party entitled to notice applies for reconsideration of the determination or appeals the determination within 15 days after the issue date printed on the determination. Before a determination becomes final as provided in this Code section, the Commissioner may issue a redetermination if good cause is shown. Such redetermination is subject to further appeal by any party entitled to notice as provided in this chapter."

SECTION 3. Said chapter is further amended by revising subsection (b) of Code Section 34-8-220, relating to appointment of hearing officers to hear and decide appealed decisions, as follows:
"(b) Unless an appeal is withdrawn, an administrative hearing officer, after affording the parties reasonable opportunity for fair hearing, shall affirm or modify the findings of fact and initial determination or shall make a decision after hearing on issues referred by the Commissioner pursuant to subsection (b) of Code Section 34-8-192. The parties shall be duly notified of such decision, together with the reasons therefor, which shall be deemed to be the final decision of the Commissioner, unless within 15 days after the issue date printed on the decision further appeal is initiated pursuant to subsection (a) of Code Section 34-8-221."

SECTION 4. Said chapter is further amended by revising subsections (a) and (b) of Code Section 34-8-221, relating to review of decision of hearing officer by board of review, as follows:
"(a) The board of review may on its own motion affirm, modify, or set aside any decision of an administrative hearing officer on the basis of the evidence previously submitted in such case or direct the taking of additional evidence or may permit any of the parties to such decision to initiate further appeals before the board of review. The board of review shall promptly notify the parties to any proceedings of its findings and decision. The decision of the board shall become final 15 days after the issue date printed on the decision. (b) The board of review may, in its discretion and on its own motion, reconsider its decision at any time within 15 days from the issue date printed on the decision. The board shall notify all concerned parties of its intent to reconsider a final decision. Such notice shall stay the process of judicial review until a final decision is released by the board."

SECTION 5. Said chapter is further amended by revising subsection (a) of Code Section 34-8-223, relating to procedure for judicial review of final decision of board of review, as follows:

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"(a) Any decision of the board of review, in the absence of a reconsideration as provided in subsection (b) of Code Section 34-8-221, shall become final 15 days after the issue date printed on the decision. Judicial review shall be permitted only after any party claiming to be aggrieved thereby has exhausted his or her administrative remedies as provided by this chapter. The Commissioner shall be deemed to be a party to any judicial action involving any such decision and shall be represented in any such judicial action by the Attorney General."

SECTION 6. This Act shall become effective on January 1, 2026.

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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ELECTIONS STATE ETHICS COMMISSION; SHALL NOT ACCEPT OR REJECT COMPLAINTS MADE AGAINST CANDIDATES 60 DAYS PRIOR TO AN ELECTION; PROVIDE.

No. 293 (Senate Bill No. 199).

AN ACT

To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to government transparency and campaign finance, so as to provide that the State Ethics Commission shall not accept or reject complaints made against candidates 60 days prior to an election; to provide that campaign and personal finance disclosure reports for local elected officials shall be filed with the commission instead of locally; to provide that certain local elected officials shall affirm their duty to complete all statutorily required training and supplemental education for their offices; to provide uniform reporting dates for campaigns for all levels of office; to provide for registration of certain political action committees; to require certain political action committees to maintain bank accounts; to provide disclosure reporting requirements for certain political action committees; to revise and make more uniform reporting dates for personal financial disclosure statements for office holders and candidates; to revise provisions related to reporting income on personal financial disclosure statements for office holders; to provide that the commission shall not publicly release home address information in its possession; to revise lobbyist reporting requirements to make the

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reporting dates for such requirements more uniform; 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 5 of Title 21 of the Official Code of Georgia Annotated, relating to government transparency and campaign finance, is amended by revising Code Section 21-5-7, relating to initiation of complaints, as follows:
"21-5-7. (a) The commission shall not initiate any investigation or inquiry into any matter under its jurisdiction based upon the complaint of any person, including a staff attorney employed by the commission, unless that person or staff attorney shall produce the same in writing and verify the same under oath to the best information, knowledge, and belief of such person, the falsification of which shall be punishable as false swearing under Code Section 16-10-71. (b) The person against whom any complaint is made shall be furnished by hand delivery or statutory overnight delivery or mailed by certified mail, return receipt requested, a copy of the complaint by the commission within two business days of the commission's receipt of such complaint and prior to any other public dissemination of such complaint. (c) The commission shall not accept or reject a complaint made, nor issue a complaint on its own cognizance, against a candidate in the 60 days immediately prior to an election in which such candidate is seeking nomination for election or election."

SECTION 2. Said chapter is further amended by revising Code Section 21-5-34, relating to campaign disclosure reports relative to campaign contributions, as follows:
"21-5-34. (a)(1)(A) The candidate or the chairperson or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office and the chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment, state-wide proposed question, or state-wide referendum shall electronically sign and file with the commission the required campaign contribution disclosure reports. (B) The chairperson or treasurer of each independent committee shall file the required disclosure reports with the commission. (2)(A) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in this state shall register with the commission and file campaign contribution disclosure reports as prescribed by this chapter; provided,

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however, that such reports shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. All advertising pertaining to referendums shall identify the principal officer of such campaign committee by listing or stating the name and title of the principal officer. (B) If a campaign committee is required to file a report with the commission under subparagraph (A) of this paragraph, such report shall be electronically filed. Any such report shall be filed 15 days prior to the date of the election. A final report shall be filed prior to December 31 of the election year. (a.1)(1) Notwithstanding the provisions of subsections (a) and (d.1) of this Code section to the contrary, public offices listed in subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 shall be subject to the following signing and filing requirements until December 31, 2026: (A) A candidate for a public office listed in subparagraph (F) of paragraph (22) of Code Section 21-5-3 or the chairperson or treasurer of such candidate's campaign committee shall sign and file the required disclosure reports with the election superintendent in the county of election. Upon receipt of any such report, the election superintendent shall cause such report to be available for inspection and copying in accordance with Article 4 of Chapter 18 of Title 50. The election superintendent shall transmit a copy of each such report to the commission, electronically by eFiling or eFax, not later than 30 days after the end of the grace period. No fine, fee, or sanction, including but not limited to identifying a candidate as having filed late or failed to file, shall be imposed by the commission on a candidate for the failure of the election superintendent to timely transmit a copy of such report. The commission is authorized to impose civil penalties pursuant to subparagraph (b)(14)(C) of Code Section 21-5-6 against an election superintendent who fails to properly transmit a copy of each such report, upon finding that such superintendent willfully failed to comply with the provisions of this chapter; or (B) A candidate for a public office listed in subparagraph (G) of paragraph (22) of Code Section 21-5-3 or the chairperson or treasurer of such candidate's campaign committee shall sign and file the required disclosure reports with the municipal clerk in the municipality of election or, if there is no clerk, with the chief executive officer of the municipality; provided, however, that a municipality and a county may enter into an agreement whereby such candidates, chairpersons, or treasurers shall file the required disclosure reports with the county election superintendent instead. Upon receipt of any such report, the municipal clerk, chief executive officer of the municipality, or county election superintendent, as applicable, shall cause such report to be available for inspection and copying in accordance with Article 4 of Chapter 18 of Title 50. The municipal clerk, chief executive officer of the municipality, or county election superintendent, as applicable, shall transmit a copy of each such report to the commission, electronically by eFiling or eFax, not later than 30 days after the end of

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the grace period. No fine, fee, or sanction, including but not limited to identifying a candidate as having filed late or failed to file, shall be imposed by the commission on a candidate for the failure of the municipal clerk, chief executive officer of the county, or county election superintendent to timely transmit a copy of such report. The commission is authorized to impose civil penalties pursuant to subparagraph (b)(14)(C) of Code Section 21-5-6 against a municipal clerk, chief executive officer of the county, or county election superintendent, as applicable, who fails to properly transmit a copy of each such report, upon finding that such municipal clerk, chief executive officer of the county, or county election superintendent willfully failed to comply with the provisions of this chapter. (2)(A) In the event a candidate for nomination or election to a public office listed in subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 or the chairperson or treasurer of a campaign committee organized to bring about the nomination or election of such candidate signs and files with the appropriate official specified by subparagraphs (A) and (B) of paragraph (1) of this subsection a written notice that such candidate or campaign committee does not intend to accept during such election cycle a combined total of contributions exceeding $2,500.00 for the campaign nor make a combined total of expenditures exceeding $2,500.00 for the campaign in such election cycle, then such candidate or campaign committee shall not be required to file a report under this Code section. The appropriate official shall transmit an electronic copy of the written notice by eFiling or eFax to the commission within ten days of receipt of such notice. The failure of the appropriate official to timely transmit such copy of the written notice to the commission shall not disqualify the candidate or campaign committee from the exemption from report filing provided by this paragraph. (B) If such candidate or campaign committee exceeds the $2,500.00 limit for either accepting contributions or making expenditures for such campaign during such election cycle as specified in paragraph (1) of this subsection but does not accept a combined total of contributions exceeding $5,000.00 in such election cycle nor make expenditures exceeding $5,000.00 in such election cycle, then such candidate or campaign committee shall be required to file only the July 31 and October 20 reports required by paragraph (2) of subsection (c) of this Code section. The first such report shall include all contributions received and expenditures made beginning January 1 of such calendar year. (C) If such candidate or campaign committee accepts a combined total of contributions exceeding $5,000.00 or makes expenditures exceeding $5,000.00 for such campaign during any such election cycle, then such candidate or campaign committee chairperson or treasurer shall thereupon be subject to the reporting requirements of this Code section the same as if the written notice authorized by this subsection had not been filed. (3) This subsection shall stand repealed on December 31, 2026. (b)(1) All reports shall list the following:

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(A) As to any contribution of more than $100.00, its amount and date of receipt, the election for which the contribution has been accepted and allocated, along with the name and mailing address of the contributor, and, if the contributor is an individual, that individual's occupation and the name of his or her employer. Such contributions shall include, but shall not be limited to, the purchase of tickets for events such as dinners, luncheons, rallies, and similar fund-raising events coordinated for the purpose of raising campaign contributions for the reporting person; (B) As to any expenditure of more than $100.00, its amount and date of expenditure, the name and mailing address of the recipient receiving the expenditure, and, if that recipient is an individual, that individual's occupation and the name of his or her employer and the general purpose of the expenditure; (C) When a contribution consists of a loan, advance, or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship; (D) Total contributions received and total expenditures shall be reported for an election cycle as follows:
(i) The first report filed after an election year shall list the cash on hand brought forward from the previous election cycle, if any, and the total contributions received during the period covered by the report; (ii) Subsequent reports shall list the total contributions received during the period covered by the report and the cumulative total of contributions received during the election cycle; (iii) The first report filed after an election year shall list the total expenditures made during the period covered by the report; (iv) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the election cycle, and net balance on hand; and (v) If a public officer seeks reelection to the same public office, or if the public officer is a member of the General Assembly seeking reelection in another district as a result of redistricting, the net balance on hand at the end of the current election cycle shall be carried forward to the first report filed after the election year; (E) The corporate, labor union, or other affiliation of any political action committee or independent committee making a contribution of more than $100.00; (F) Any investment made with funds of a campaign committee, independent committee, or political action committee and held outside such committee's official depository account during each reporting period for which an investment exists or a transaction applying to an identifiable investment is made. The report shall identify the

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name of the entity or person with whom such investment was made, the initial and any subsequent amount of such investment if such investment was made during the reporting period, and any profit or loss from the sale of such investment which occurred during such reporting period; and (G) Total debt owed on the last day of the reporting period. (2) Each report shall be in such form as will allow for the separate identification of a contribution or contributions which are less than $100.00 but which become reportable due to the receipt of an additional contribution or contributions which when combined with such previously received contribution or contributions cumulatively equal or exceed $100.00. (c) Candidates or campaign committees which accept contributions, make expenditures designed to bring about the nomination or election of a candidate, or have filed a declaration of intention to accept campaign contributions pursuant to subsection (g) of Code Section 21-5-30 shall file campaign contribution disclosure reports in compliance with the following schedule: (1) In each nonelection year on January 31, April 30, July 31, and October 20; (2) In each election year: (A) On January 31, April 30, July 31, and October 20; (B) Six days before any run-off primary or election in which the candidate is listed on the ballot; and (C) During the period of time between the last report due prior to the date of any election for which the candidate is qualified and the date of such election, all contributions of $1,000.00 or more shall be reported within two business days of receipt and also reported on the next succeeding regularly scheduled campaign contribution disclosure report; provided, however, that this subparagraph shall only apply to contributions of $1,000.00 or more that are designated for the same actual election as the one for which the individual is currently a candidate. Nothing in this Code section shall be construed to require a contribution of $1,000.00 or more that is designated as a general election contribution to be reported during the two business day report period of a primary election; (3) If the candidate is a candidate in a special primary or special primary runoff, 15 days prior to the special primary and six days prior to the special primary runoff; and (4) If the candidate is a candidate in a special election or special election runoff, 15 days prior to the special election and six days prior to the special election runoff. All persons or entities required to file reports shall have a five-day grace period in filing the required reports, except that the grace period shall be two days for required reports prior to run-off primaries or run-off elections, and no grace period shall apply to contributions required to be reported within two business days. Reports required to be filed within two business days of a contribution shall be reported by facsimile or electronic transmission. Any facsimile filing shall also have an identical electronic filing within five business days following the transmission of such facsimile filing. Each report required in

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the election year shall contain cumulative totals of all contributions which have been received and all expenditures which have been made in support of the campaign in question and which are required, or previously have been required, to be reported. (d) In the event any candidate covered by this chapter has no opposition in either a primary or a general election and receives no contribution of more than $100.00, such candidate shall only be required to make the initial and final report as required under this chapter.
(d.1)(1) In the event a candidate for nomination or election to a public office listed in subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 or the chairperson or treasurer of a campaign committee organized to bring about the nomination or election of such candidate signs and files with the commission a written notice that such candidate or campaign committee does not intend to accept during such election cycle a combined total of contributions exceeding $2,500.00 for the campaign nor make a combined total of expenditures exceeding $2,500.00 for the campaign in such election cycle, then such candidate or campaign committee shall not be required to file a report under this Code section. (2) If such candidate or campaign committee exceeds the $2,500.00 limit for either accepting contributions or making expenditures for such campaign during such election cycle as specified in paragraph (1) of this subsection but does not accept a combined total of contributions exceeding $5,000.00 in such election cycle nor make expenditures exceeding $5,000.00 in such election cycle, then such candidate or campaign committee shall be required to file only the July 31 and October 20 reports required by paragraph (2) of subsection (c) of this Code section. The first such report shall include all contributions received and expenditures made beginning January 1 of such calendar year. (3) If such candidate or campaign committee accepts a combined total of contributions exceeding $5,000.00 or makes expenditures exceeding $5,000.00 for such campaign during any such election cycle, then such candidate or campaign committee chairperson or treasurer shall thereupon be subject to the reporting requirements of this Code section the same as if the written notice authorized by this subsection had not been filed. (e) Any person who makes contributions to, accepts contributions for, or makes expenditures on behalf of candidates, and any independent committee, shall file a registration in the same manner as is required of campaign committees prior to accepting or making contributions or expenditures. Such persons, other than independent committees, shall also file campaign contribution disclosure reports at the same times as required of the candidates they are supporting and a December 31 campaign contribution disclosure report regardless of whether the candidate they are supporting has a December 31 campaign contribution disclosure report due. The following persons shall be exempt from the foregoing registration and reporting requirements: (1) Individuals making aggregate contributions of $25,000.00 or less directly to candidates or the candidates' campaign committees in one calendar year; (2) Persons other than individuals making aggregate contributions and expenditures to or on behalf of candidates of $25,000.00 or less in one calendar year; and

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(3) Contributors who make contributions to only one candidate during one calendar year. (e.1) Any political action committee which makes contributions to, accepts contributions for, or makes expenditures on behalf of candidates shall file a registration in the same manner as is required of campaign committees prior to accepting or making contributions or expenditures. Prior to such registration, such political action committee shall open a bank account in the name of such political action committee and shall maintain such bank account until the political action committee is terminated. Such political action committee shall also file campaign contribution disclosure reports on January 31, April 30, July 31, and October 20 of each year until the bank account required by this subsection has been zeroed out and the political action committee has been terminated.
(f)(1) Any independent committee which accepts contributions or makes expenditures for the purpose of affecting the outcome of an election or advocates the election or defeat of any candidate shall register with the commission prior to accepting contributions or making expenditures and shall file disclosure reports as follows:
(A) On the first day of each of the two calendar months preceding any such election; (B) Two weeks prior to the date of such election; and (C) Within the two-week period prior to the date of such election the independent committee shall report within two business days any contributions or expenditure of more than $1,000.00. The independent committee shall file a final report prior to December 31 of the election year and shall file supplemental reports on June 30 and December 31 of each year that such independent committee continues to accept contributions or make expenditures. (2) Reports filed by independent committees shall list the following: (A) The amount and date of receipt, along with the name, mailing address, occupation, and employer of any person making a contribution of more than $100.00; (B) The name, mailing address, occupation, and employer of any person to whom an expenditure or provision of goods or services of the value of more than $100.00 is made and the amount, date, and general purpose thereof, including the name of the candidate or candidates, if any, on behalf of whom, or in support of or in opposition to whom, the expenditure or provision was made; (C) Total expenditures made as follows:
(i) Expenditures shall be reported for the applicable reporting year; (ii) The first report of a reporting year shall list the total expenditures made during the period covered by the report; and (iii) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the reporting year, and net balance on hand; and (D) The corporate, labor union, or other affiliation of any political action committee, candidate, campaign committee, or independent committee making a contribution of the value of more than $100.00.

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(3) Whenever any independent committee makes an expenditure for the purpose of financing any communication intended to affect the outcome of an election, such communication shall clearly state that it has been financed by such independent committee. (g) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or to oppose the recall of a public officer shall file campaign contribution disclosure reports as follows: (1) An initial report shall be filed within 15 days after the date when the official recall petition forms were issued to the sponsors; (2) A second report shall be filed 45 days after the filing of the initial report; (3) A third report shall be filed within 20 days after the election superintendent certifies legal sufficiency or insufficiency of a recall petition; and (4) A final report shall be filed prior to December 31 of the year in which the recall election is held or, in any case where such recall election is not held, a final report shall be filed prior to December 31 of any year in which such campaign committee accepts such contributions or makes such expenditures. (h) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of a proposed constitutional amendment or a state-wide referendum shall file a campaign contribution disclosure report 75, 45, and 15 days prior to the date of the election and shall file a final report prior to December 31 of the election year. (i)(1) Any person elected to a public office who is required to file campaign contribution disclosure reports pursuant to this article shall, upon leaving public office with excess contributions, be required to file supplemental campaign contribution disclosure reports on January 31, April 30, July 31, and October 20 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. (2) Any person who is an unsuccessful candidate in an election and who is required to file campaign contribution disclosure reports pursuant to this article shall for the remainder of the election cycle file such reports at the same times as a successful candidate and thereafter, upon having excess contributions from such campaign, be required to file a supplemental campaign contribution disclosure report on January 31, April 30, July 31, and October 20 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. Any unsuccessful candidate in an election who is required to file campaign contribution disclosure reports pursuant to this article and who receives contributions following such election to retire debts incurred in such campaign for elective office shall be required to file a supplemental campaign contribution disclosure report on January 31, April 30, July 31, and October 20 of each year until such unpaid expenditures from such campaign are satisfied.

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(j) Notwithstanding any other provision of this chapter to the contrary, soil and water conservation district supervisors elected pursuant to Article 2 of Chapter 6 of Title 2, the 'Soil and Water Conservation Districts Law,' shall not be required to file campaign contribution disclosure reports under this Code section.
(k)(1) In addition to other penalties provided under this chapter, a late fee of $125.00 shall be imposed by the person or entity with which filing is required for each report that is filed late, and notice of such late fee shall be sent to the candidate and the candidate's committee in the same manner by which the penalized report was filed with the commission. However, if the report in question was not filed or was filed with the commission in a manner other than electronic filing or certified mail, return receipt requested, the commission shall utilize certified mail, return receipt requested, to notify the candidate and the candidate's committee of the late fee due. The notice shall include the schedule of increasing late fees for late filings and the dates upon which such late fees shall be increased. In addition, a late fee of $250.00 shall be imposed on the fifteenth day after the due date for such report if the report has not been filed by such date. A late fee of $1,000.00 shall be imposed on the forty-fifth day after the due date for such report if such report has not been filed. Notice by electronic means shall not satisfy the requirements of this paragraph; and any increased late fees shall be stayed until at least ten days after proper notice has been given as specified in this paragraph. (2) The commission shall retain $25.00 of the first late fee received by the commission for processing pursuant to the provisions of Code Section 45-12-92.1. (l) It shall be the duty of the commission when it receives for filing any disclosure report or statement or other document that may be filed by mail to maintain with the filed document a copy of the postal markings or statutory overnight delivery service markings of any envelope, package, or wrapping in which the document was delivered for filing if mailed or sent after the date such filing was due. (m) Any person or entity which is required to be registered under this Code section shall file a termination statement together with its final campaign contribution disclosure report as required by this Code section within ten days of the dissolution of a campaign or committee. The termination statement shall identify the person responsible for maintaining campaign records as required by this chapter."

SECTION 3. Said chapter is further amended in Code Section 21-5-50, relating to filing by public officers, filing by candidates for public office, filing by elected officials and members of the General Assembly, and electronic filing, by revising subsections (a) and (c) as follows:
"(a)(1) Except as modified in subsection (c) of this Code section with respect to candidates for state-wide elected public office:
(A) Each public officer, as defined in subparagraphs (A) through (D) of paragraph (22) of Code Section 21-5-3, and each person who qualifies as a candidate for election to any such public office shall file with the commission no later than April 1 of each year

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in which such public officer holds office a financial disclosure statement for the preceding calendar year; and (B) Each person who qualifies in a special election as a candidate for election as a public officer, as defined in subparagraphs (A) through (D) of paragraph (22) of Code Section 21-5-3, shall file with the commission, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year. (2) Except as set forth in paragraph (3) of this subsection, a public officer, as defined in subparagraph (E) of paragraph (22) of Code Section 21-5-3, shall not be required to file a financial disclosure statement pursuant to this Code section. Each such public officer shall, however, be deemed to be a public official for purposes of Code Section 45-10-26 and shall be subject to the disclosure requirements set forth in Code Section 45-10-26. In addition, each such public officer shall file with the commission, prior to January 31 each year, an affidavit confirming that such public officer took no official action in the previous calendar year that had a material effect on such public officer's private financial or business interests; provided, however, that, if a public officer as defined in subparagraph (E) of paragraph (22) of Code Section 21-5-3 has previously filed or is subject to filing a financial disclosure statement with the commission pursuant to this paragraph, and such financial disclosure statement covers the same calendar year as would be covered by the affidavit required by this Code section, the public officer shall be exempted from filing an affidavit. No retired judge or senior judge of any court of this state shall be required to file an affidavit pursuant to this Code section. (3) A public officer, as defined in subparagraph (E) of paragraph (22) of Code Section 21-5-3, who serves as a member of the commission shall be subject to the requirements for filing financial disclosure statements set forth in paragraph (1) of this subsection. In addition, each such public officer shall file with the commission, together with the financial disclosure statement, an affidavit confirming that such public officer took no official action in the previous calendar year that had a material effect on such public officer's private financial or business interests. (3.1)(A) Until December 31, 2026, a public officer and candidates for election as a public officer, as defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3, shall make filings of the same kind and in the same manner as provided in paragraph (1) of this subsection for other public officers and candidates for election as a public officer except that filings under this paragraph shall be made with the election superintendent of the county in the case of public officers and candidates for election as a public officer as defined in such subparagraph (F) and shall be made with the municipal clerk in the municipality of election or, if there is no clerk, with the chief executive officer of the municipality in the case of public officers as defined in such subparagraph (G). The election superintendent, municipal clerk, or chief executive officer, as applicable, shall transmit, electronically by eFiling or eFax, a copy of each such report to the commission not later than 30 days after the close of the reporting

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period. No fine, fee, or sanction, including but not limited to identifying a public officer or candidate for election as a public officer as having filed late or failed to file, shall be imposed by the commission on the public officer or candidate for election as a public officer for the failure of the election superintendent, municipal clerk, or chief executive officer, as applicable, to timely transmit a copy of such report. (B) On and after January 1, 2027, a public officer and candidates for election as a public officer, as defined in subparagraphs (F) and (G) of paragraph (22) of Code Section 21-5-3, shall make filings of the same kind and in the same manner as provided in paragraph (1) of this subsection for other public officers and candidates for election as a public officer; provided, however, that a candidate for election as a public officer as defined in subparagraph (G) of paragraph (22) of Code Section 21-5-3 shall make such filings no later than September 1 instead of April 1. (3.2)(A) In the case of public officers and candidates for election as a public officer as defined in subparagraph (F) of paragraph (22) of Code Section 21-5-3, when such public officers and candidates are qualifying for election to a county governing authority or to a local board of education, such public officer or candidate shall make an affirmation in such filings acknowledging, in the case of public officers and candidates for a county governing authority, the requirement for such newly elected county officials to receive training pursuant to Code Section 36-20-4, and in the case of public officers and candidates as an elected member of a local board of education, the requirement for such newly elected members receive training pursuant to Code Section 20-2-230. (B) In the case of public officers and candidates for election as a public officer as defined in subparagraph (G) of paragraph (22) of Code Section 21-5-3, when such public officers and candidates are qualifying for election, such public officer or candidate shall make an affirmation in such filings acknowledging the requirement for newly elected municipal officials to receive training pursuant to Code Section 36-45-4. (C) The affirmations required by subparagraphs (A) and (B) of this paragraph need not be transmitted to the commission. (4) Each member of the State Transportation Board shall file a financial disclosure statement for the preceding calendar year no later than the sixtieth day following such member's election to the State Transportation Board. Thereafter, each board member shall file by April 1 of each year a financial disclosure statement for the preceding year. In addition, each board member shall file with the commission, prior to April 1 of each year, an affidavit confirming that such board member took no official action in the previous calendar year that had a material effect on such board member's private financial or business interests. (5) The commission or the applicable official under paragraph (3.1) of this subsection shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter.

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(6) A public officer shall not, however, be required to file such a financial disclosure statement for the preceding calendar year in an election year if such public officer does not qualify for nomination for election to succeed himself or herself or for election to any other public office subject to this chapter. For purposes of this paragraph, a public officer shall not be deemed to hold office in a year in which the public officer holds office for fewer than 15 days." "(c)(1) Each person who qualifies with a political party as a candidate for party nomination to a public office elected state wide, including an incumbent public officer elected state wide qualifying to succeed himself or herself, shall file with the commission, not later than April 1 of such election year, a financial disclosure statement. Each person who qualifies as a candidate for election to a public office elected state wide through a nomination petition or convention shall likewise file a financial disclosure statement not later than April 1 of such election year. Such financial disclosure statement shall comply with the requirements of subsections (a) and (b) of this Code section and shall in addition identify, for the preceding five calendar years:
(A) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate (whether for himself or herself or on behalf of any business) or any business in which such candidate or any member of his or her family has a substantial interest or is an officer of such business has transacted business with the government of the State of Georgia, the government of any political subdivision of the State of Georgia, or any agency of any such government; and (B) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate or any business in which such candidate or any member of his or her family has a substantial interest or is an officer of such business received any income of any nature from any person who was at the time of such receipt of income represented by a lobbyist registered with the commission pursuant to Article 4 of this chapter. (2) The financial disclosure statement required by paragraph (1) of this subsection shall include an itemized list of the transactions required to be reported, including the date of, dollar amount of, and parties to each such transaction. However, with respect to any transactions of a privileged nature only the total amount of such transactions shall be required to be reported, and names, dates, amounts of individual transactions, and other identifying data may be omitted; and for this purpose transactions of a privileged nature shall include transactions between attorney and client, transactions between psychiatrist and patient, transactions between physician and patient, and any other transactions which are by law of a similar privileged and confidential nature. (3) The financial disclosure statement required by paragraph (1) of this subsection shall be accompanied by a financial statement of the candidate's financial affairs for the five calendar years prior to the year in which the election is held and the first quarter of the calendar year in which the election is held.

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(3.1) The financial disclosure statement required by paragraph (1) of this subsection shall include the source or sources of the candidate's income for the five calendar years prior to the year in which the election is held. (4) As used in this subsection, the term:
(A) 'Agency' means any agency, authority, department, board, bureau, commission, committee, office, or instrumentality of the State of Georgia or any political subdivision of the State of Georgia. (B) 'Financial statement' means a statement of a candidate's financial affairs which details the source and type of income with an indication of which of the following categories the amount or value of such item of income is within:
(i) Not more than $1,000.00; (ii) Greater than $1,000.00 but not more than $2,500.00; (iii) Greater than $2,500.00 but not more than $5,000.00; (iv) Greater than $5,000.00 but not more than $15,000.00; (v) Greater than $15,000.00 but not more than $50,000.00; (vi) Greater than $50,000.00 but not more than $100,000.00; (vii) Greater than $100,000.00 but not more than $250,000.00; (viii) Greater than $250,000.00 but not more than $500,000.00; (ix) Greater than $500,000.00 but not more than $1 million; (x) Greater than $1 million but not more than $5 million; or (xi) Greater than $5 million. (C) 'Person' and 'transact business' shall have the meanings set forth in Code Section 45-10-20. (D) 'Substantial interest' means the direct or indirect ownership of 10 percent or more of the assets or stock of any business. (5) Notwithstanding any other provisions of this subsection, if, due to a special election or otherwise, a person does not qualify as a candidate for nomination or election to public office until after the filing date otherwise applicable, such person shall make the filings required by this subsection within seven days after so qualifying."

SECTION 4. Said chapter is further amended by revising Code Section 21-5-51, relating to inspection and copying of financial disclosure statements, as follows:
"21-5-51. (a) Financial disclosure statements filed pursuant to this article shall be public records and shall be subject to inspection and copying by any member of the public as provided by law for other public records. (b) Notwithstanding subsection (a) of this Code section or any provision of Chapter 18 of Title 50 to the contrary, the commission shall redact any identifiable home addresses from any records the commission discloses, posts, or releases to the public."

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SECTION 5. Said chapter is further amended in Code Section 21-5-73, relating to lobbyist disclosure reports, by revising subsections (b), (c), and (d) as follows:
"(b) A person who is required to register under this article and: (1) Lobbies to promote or oppose the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor; (2) Lobbies to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (3) Lobbies to promote or oppose the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor; (4) As an employee of the executive branch or judicial branch of local government, lobbies to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution; (5) Lobbies to influence a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency; or (6) Lobbies to promote or oppose any matter before the State Transportation Board shall file a monthly disclosure report, current through the end of the preceding period, on or before the fifth day of each month.
(c) In addition to the requirements of subsection (b) of this Code section, a person who is required to register under this article and lobbies to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution shall file a disclosure report on or before the fifth day of each month, provided that all persons or entities required to file such reports shall have a five-day grace period in filing the required reports. (d) Reserved."

SECTION 6. This Act shall become effective on January 1, 2026.

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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MENTAL HEALTH BEHAVIORAL HEALTH REFORM AND INNOVATION COMMISSION; REVISE THE SUBCOMMITTEES.

No. 294 (Senate Bill No. 233).

AN ACT

To amend Article 6 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to the Behavioral Health Reform and Innovation Commission, so as to revise the composition of the commission; to revise the subcommittees; to extend the automatic repeal date; 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 6 of Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to the Behavioral Health Reform and Innovation Commission, is amended by revising subsection (a) of Code Section 37-1-112, relating to the members, terms, officers, and operational matters of the commission, as follows:
"(a) The commission shall be composed of 30 members as follows: (1) The following members appointed by the Governor: (A) A chairperson; (B) A psychiatrist who specializes in children and adolescents; (C) A psychiatrist who specializes in adults; (D) A health care provider with expertise in traumatic brain injuries; (E) A state education official with broad experience in education policy; (F) A chief executive officer of a mental health facility; (G) A forensic psychologist; (H) A local education official; (I) A professional who specializes in substance abuse and addiction; (J) An individual with lived experience having survived the disease of addiction who is a certified addiction recovery specialist; and (K) An intellectual and developmental disabilities provider; (2) The following members appointed by the President of the Senate: (A) Two members of the Senate; (B) A sheriff; (C) A licensed clinical behavioral health professional; (D) A behavioral health advocate; (E) A representative of a community service board;

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(F) An individual who has lost a member of his or her immediate family to drug overdose or fentanyl poisoning; and (G) A leader of an intellectual and developmental disabilities advocacy organization; (3) The following members appointed by the Speaker of the House of Representatives: (A) Two members of the House of Representatives; (B) A police chief; (C) A licensed clinical behavioral health professional; (D) A behavioral health advocate; (E) A judge who presides in an accountability court, as defined in Code Section 15-1-18; (F) A professional who is an executive director of an accredited Georgia nonprofit organization focused on addiction and recovery; and (G) The parent of an individual with intellectual and developmental disabilities or an individual with intellectual and developmental disabilities; and (4) The following members appointed by the Chief Justice of the Supreme Court of Georgia: (A) One Justice of the Supreme Court of Georgia; and (B) Two judges."

SECTION 2. Said article is further amended by revising Code Section 37-1-115, relating to subcommittees, as follows:
"37-1-115. (a) Except as otherwise provided in this Code section, the chairperson of the commission shall appoint members of the following subcommittees from among the membership of the commission and may also appoint up to two other noncommission-member persons as he or she may determine to be necessary as relevant to and consistent with this article:
(1) Children and Adolescent Behavioral Health; (2) Addictive Diseases; (3) Hospital and Short-Term Care Facilities; (4) Mental Health Courts and Corrections; and (5) Intellectual and Developmental Disabilities. (b) The chairperson, at his or her discretion, may designate and appoint other subcommittees from among the membership of the commission and may also appoint up to two other noncommission-member persons as he or she may determine to be necessary as relevant to and consistent with this article."

SECTION 3. Said article is further amended by revising Code Section 37-1-116, relating to abolishment and termination, as follows:

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"37-1-116. The commission shall be abolished and this article shall stand repealed on December 31, 2026."

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 May 14, 2025.

__________

LOCAL GOVERNMENT REAL AND PERSONAL PROPERTY; CONVEYANCE OF MUNICIPAL PROPERTY INTERESTS TO INDEPENDENT SCHOOL SYSTEMS; PROVIDE.

No. 295 (Senate Bill No. 252).

AN ACT

To amend Chapter 37 of Title 36 of the Official Code of Georgia Annotated, relating to acquisition and disposition of real and personal property generally, so as to provide for conveyance of municipal property interests to independent school systems; to provide for municipal replacement of such conveyed property; 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 37 of Title 36 of the Official Code of Georgia Annotated, relating to acquisition and disposition of real and personal property generally, is amended by revising Code Section 36-37-6.1, relating to sale, exchange, lease, or grant of easement over property used for recreational purposes by incorporated municipalities having population greater than 300,000, as follows:
"36-37-6.1. (a) This Code section shall be applicable to incorporated municipalities of the State of Georgia having a population of more than 300,000 according to the United States decennial census of 1960 or any future such census.

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(b) All such municipalities shall have authority to sell, exchange, or otherwise dispose of any real or personal property comprising parks, playgrounds, golf courses, swimming pools, or other like property used primarily for recreational purposes, provided that nothing in this Code section shall have the effect of authorizing alienation where such would be in derogation of rights, duties, and obligations imposed by prior deed, contract, or like document of similar import or where such alienation would cause divesting of title to a park, playground, golf course, swimming pool, or other like property that had been dedicated to public use and not subsequently abandoned.
(c)(1) All such municipalities shall have authority to lease out and grant easements over property used primarily for recreational purposes to others consistent with general park and recreational purposes for a period not exceeding 50 years and for a valuable consideration. Any such recreational property which was formerly used for annual regional fair purposes but is no longer so used may be leased by any such municipality to one or more private entities for terms of not more than 50 years each for development and use as motion picture and television production, processing, and related facilities together with all such support and service facilities as are necessary or convenient to such use. (2) All such municipalities shall have authority to enter into contracts and renewals and extensions of contracts for the cooperative operation, maintenance, cooperative management, and funding of property which in no way limits the governance or the policy role of said municipalities which property is used primarily for recreational purposes consistent with general park and recreational purposes, for periods not exceeding ten years and for a valuable consideration. (3) Notwithstanding the provisions of subsection (b) of this Code section, all such municipalities shall have authority to lease out, grant easements over, or convey any property described in subsection (b) of this Code section to an independent school system operating in such municipality for a valuable consideration where the governing authority of such municipality and the board of such independent school system determine that such lease, easement, or conveyance is in the best interest of their respective jurisdictions and for use of the school system for educational purposes. If such property is conveyed, the governing authority of such municipality shall subsequently replace such property with one or more properties which are determined by such governing authority to be, in the aggregate, of equal or greater acreage and of substantially equivalent or greater benefit to the citizens of such municipality, taking into consideration the prevailing uses and needs of such municipality. One or more independent conveyances of property as may be agreed upon by such municipality and independent school system for the public uses set forth in subsection (b) of this Code section shall be credited against the replacement property required by this paragraph for any subsequent conveyance of property described in subsection (b) of this Code section by the municipality to the independent school system. The cumulative impact of such conveyances shall not result in a net loss of park acreage owned by such municipality."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

__________

PUBLIC UTILITIES AND PUBLIC TRANSPORTATION ELECTRIC MEMBERSHIP CORPORATION; DISCLOSE CERTAIN ACQUISITIONS
AND OTHER INFORMATION TO ITS MEMBERS WITHIN A CERTAIN TIME FRAME; REQUIRE.

No. 296 (Senate Bill No. 256).

AN ACT

To amend Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to distribution, storage, and sale of gas, so as to revise provisions concerning required disclosures of electric membership corporations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to distribution, storage, and the sale of gas, is amended by revising Code Section 46-4-164, relating to construction of article, electric membership corporations and EMC gas affiliates, disclosure requirements, and liquefied petroleum gas, as follows:
"46-4-164. (a) 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. (b) Notwithstanding any provision of law to the contrary, including, without limitation, Article 4 of Chapter 3 of this title, an electric membership corporation may make and maintain investments in, lend funds to, and guarantee the debts and obligations of an EMC

GEORGIA LAWS 2025 SESSION

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gas affiliate in total not to exceed 25 percent of such electric membership corporation's net utility plant, excluding electric generation and transmission assets as defined by the Federal Energy Regulatory Commission Uniform System of Accounts in effect at the time of such investment, loan, or guarantee, provided that any such investments or loans shall not reflect rates which are generally available through the use of any tax exempt financing and may not be tied to any loans from or guaranteed by the federal or state government; and an EMC gas affiliate of an electric membership corporation organized and operating pursuant to Article 4 of Chapter 3 of this title may apply for and be granted a certificate of authority to provide any service as authorized under this article. The creation, capitalization, or provision of management for:
(1) An EMC gas affiliate engaged in activities subject to the provisions of this article and the rules and regulations established by the commission; or (2) Other persons providing customer services shall be deemed to be among the purposes of an electric membership corporation as specified in paragraphs (2) and (3) of Code Section 46-3-200. Nothing in this article shall be deemed to increase or decrease the authority and jurisdiction of the commission with respect to such electric membership corporation except as to gas activities undertaken by the electric membership corporation or its EMC gas affiliate as authorized under this chapter. (c) Within six months following any transaction that causes an electric membership corporation to have more than 15 percent of its net utility plant invested in, lent to, or secured for the benefit of its EMC gas affiliate, excluding electric generation and transmission assets as defined by the Federal Energy Regulatory Commission Uniform System of Accounts, such electric membership corporation shall disclose to its members: (1) A description of the assets or interests acquired in the transaction; (2) The date of such transaction; (3) The identification of any assets pledged by the electric membership corporation to secure a loan or other funding in connection with such transaction that forms all or a portion of the assets pledged to secure such loan or other funding; (4) The total amount of the electric membership corporation's assets, debts, and obligations, and those of the EMC gas affiliate; (5) The total amount of the electric membership corporation's electric generation and transmission assets as defined by the Federal Energy Regulatory Commission Uniform System of Accounts; and (6) The percentage of the electric membership corporation's net utility plant used for the purposes described in subsection (b) of this Code section. (d) An electric membership corporation that has more than 15 percent net utility plant invested in, lent to, or secured for the benefit of its EMC gas affiliate, excluding electric generation and transmission assets as defined by the Federal Energy Regulatory Commission Uniform System of Accounts, shall disclose to its members the annual cost of gas in aggregate that it sells. Such disclosure shall be made on an annual basis.

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(e) Nothing in this article shall be construed to allow or authorize an electing distribution company, a certificated marketer, or a regulated provider of natural gas to engage in the production, transportation, marketing, or distribution of liquefied petroleum gas; provided, however, that nothing in this article shall be construed to prohibit an electing distribution company from using liquefied petroleum gas to provide for system balancing and peaking services for its distribution system."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

__________

SOCIAL SERVICES RECOVERY OF MEDICAL ASSISTANCE FROM THIRD PARTY; CERTAIN PROVISIONS TO COMPLY WITH FEDERAL LAW; REVISE.

No. 297 (Senate Bill No. 276).

AN ACT

To amend Code Section 49-4-148 of the Official Code of Georgia Annotated, relating to recovery of medical assistance from third party liable for sickness, injury, disease, or disability, so as to revise certain provisions to comply with federal law; to bar liable third-party payers from refusing payment solely because a healthcare item or service did not receive prior authorization; to require a third-party payer to respond to an inquiry from the Department of Community Health regarding a healthcare claim within 60 days; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 49-4-148 of the Official Code of Georgia Annotated, relating to recovery of medical assistance from third party liable for sickness, injury, disease, or disability, is amended by revising subsection (b) as follows:
"(b) All insurers, as defined in Code Section 33-24-57.1, including but not limited to group health plans as defined in Section 607(1) of the federal Employee Retirement Security Act of 1974, managed care entities as defined in Code Section 33-20A-3, which offer health benefit plans, as defined in Code Section 33-24-59.5, pharmacy benefits managers, as defined in Code Section 33-64-1, and any other parties that are, by statute, contract, or

GEORGIA LAWS 2025 SESSION

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agreement, legally responsible for payment of a claim for a healthcare item or service shall comply with this subsection. Such entities set forth in this subsection shall:
(1) Cooperate with the department in determining whether a person who is a recipient of medical assistance may be covered under that entity's health benefit plan and eligible to receive benefits thereunder for the medical services for which that medical assistance was provided and respond to any inquiry from the state regarding a claim for payment for any healthcare item or service submitted not later than three years after such item or service was provided; (2) Accept the department's payment for a healthcare item or service on behalf of a recipient of medical assistance as the third-party payer's authorization for the provision of those services and shall not refuse to pay for a healthcare item or service solely on the basis that the third-party payer did not previously authorize such item or service; (3) Respond to a department inquiry regarding the status of a claim for payment for any healthcare item or service within 60 days of receiving the inquiry; (4) Comply with the requirements of Code Section 33-24-59.5, regarding the timely payment of claims submitted by the department for medical services provided to a recipient of medical assistance and covered by the health benefit plan, subject to the payment to the department of interest as provided in that Code section for failure to comply; (5) Provide the department, on a quarterly basis, eligibility and claims payment data regarding applicants for medical assistance or recipients for medical assistance; (6) Accept the assignment to the department or a recipient of medical assistance or any other entity of any rights to any payments for such medical care from a third party; and (7) Agree not to deny a claim submitted by the department solely on the basis of the date of submission of the claim, type or format of the claim, or a failure to present proper documentation at the point-of-sale which is the basis of the claim, if:
(A) The claim is submitted to the department within three years from when the item or service was furnished; and (B) Any action by the department to enforce its rights with respect to such claim commenced within six years of the department's submission of the claim. The requirements of paragraphs (2) and (4) of this subsection shall only apply to a health benefit plan which is issued, issued for delivery, delivered, or renewed on or after April 28, 2001."

SECTION 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Approved May 14, 2025.

772

GENERAL ACTS AND RESOLUTIONS, VOL. I

APPEAL AND ERROR JUDGMENTS AND RULINGS; CERTAIN APPELLATE PROCEDURES REGARDING THE DENIAL OF SOVEREIGN AND ANY OTHER IMMUNITY AVAILABLE TO THE STATE; PROVIDE.

No. 298 (Senate Bill No. 298).

AN ACT

To amend Code Section 5-6-34 of the Official Code of Georgia Annotated, relating to judgments and rulings deemed directly appealable, procedure for review of judgments, orders, or decisions not subject to direct appeal, scope of review, hearings in criminal cases involving a capital offense for which death penalty is sought, and appeals involving nonmonetary judgments in child custody cases, so as to provide for certain appellate procedures regarding the granting or denying of sovereign and other immunities and the granting or denying of certain privileges; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 5-6-34 of the Official Code of Georgia Annotated, relating to judgments and rulings deemed directly appealable, procedure for review of judgments, orders, or decisions not subject to direct appeal, scope of review, hearings in criminal cases involving a capital offense for which death penalty is sought, and appeals involving nonmonetary judgments in child custody cases, is amended in subsection (a) by revising paragraphs (12) and (13) and by adding a new paragraph to read as follows:
"(12) All judgments or orders entered pursuant to Code Section 35-3-37; (13) All judgments or orders entered pursuant to Code Section 9-11-11.1; (14) All judgments, orders, or rulings in civil actions granting or denying or refusing to grant or deny immunity to one or more parties based upon sovereign, municipal, official, qualified, or judicial immunity established by the United States Constitution or the Constitution, laws, or common law of this state shall have the right of direct appeal under this paragraph, and such right shall be exercised within 30 days of any judgment, order, or ruling. The right of direct appeal under this paragraph shall not be exercised by any one party more than once in any civil action. This paragraph shall not preclude taking an appeal pursuant to any other paragraph in this subsection; and (15) All judgments, orders, or rulings in civil or criminal actions granting or denying or refusing to grant or deny one or more parties' legislative privilege or legislative immunity established by the United States Constitution or the Constitution, laws, or common law

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of this state shall have the right of direct appeal under this paragraph, and such right shall be exercised within 30 days of any judgment, order, or ruling."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

__________

INSURANCE PRIVATE REVIEW AGENTS; HEALTH INSURERS TO IMPLEMENT AND MAINTAIN A PROGRAM THAT ALLOWS FOR THE SELECTIVE APPLICATION OF REDUCTIONS IN PRIOR AUTHORIZATION REQUIREMENTS; PROVIDE.

No. 299 (Senate Bill No. 5).

AN ACT

To amend Chapter 46 of Title 33 of the Official Code of Georgia Annotated, relating to certification of private review agents, so as to provide for health insurers to implement and maintain a program that allows for the selective application of reductions in prior authorization requirements under certain circumstances; to provide for an annual filing; to provide for the promulgation of rules and regulations; to amend Chapter 24 of Title 33 and Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to insurance generally and employees' insurance and benefits plans, respectively, so as to require coverage for healthcare services for pediatric autoimmune neuropsychiatric disorders associated with streptococcal infection (PANDAS) and pediatric acute-onset neuropsychiatric syndrome (PANS) in accordance with nationally recognized clinical practice guidelines; to provide for definitions; to allow for deductibles; to prohibit special deductibles; to provide for rules and regulations; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Chapter 46 of Title 33 of the Official Code of Georgia Annotated, relating to certification of private review agents, is amended by adding a new Code section to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"33-46-20.1. (a) Each insurer that utilizes prior authorization requirements shall implement and maintain a program that allows for the selective application of reductions in prior authorization requirements based on the stratification of healthcare providers' performance and adherence to evidence based medicine. Such program shall promote quality, affordable healthcare and reduce unnecessary administrative burdens for both the insurer and the healthcare provider. (b) Criteria for participation by healthcare providers and the healthcare services included in the program shall be at the discretion of the insurer; provided, however, that such insurer shall submit to the department a filing concerning such program. Such filing shall include a full narrative description of the program, the criteria for participation in the program, a list of the procedures and services subject to the program, the number of healthcare providers participating in the program, and any other information deemed necessary by the department. (c) No later than July 1, 2026, each insurer that utilizes prior authorization requirements shall make the filing provided for in subsection (b) of this Code section, and such filing shall be submitted annually in a form and manner provided for by rules and regulations promulgated by the Commissioner."

PART II SECTION 2-1.

Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding a new Code section to read as follows:
"33-24-59.34. (a) As used in this Code section, the term:
(1) 'Health benefit policy' means any individual or group plan, policy, or contract for healthcare services issued, delivered, issued for delivery, or renewed in this state which provides major medical benefits, including those contracts executed by the State of Georgia on behalf of state employees under Article 1 of Chapter 18 of Title 45, by a healthcare corporation, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, or other insurer or similar entity. Such term shall not include any self-insured health benefit plan subject to the exclusive jurisdiction of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. (2) 'Nationally recognized clinical practice guidelines' means evidence based clinical practice guidelines developed by independent organizations or medical professional societies utilizing a transparent methodology and reporting structure and with a conflict of interest policy. Such guidelines establish standards of care informed by a systematic

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review of evidence and an assessment of the benefits and risks of alternative care options and include recommendations intended to optimize patient care. (3) 'Pediatric acute-onset neuropsychiatric syndrome' or 'PANS' means a class of acute-onset obsessive compulsive or tic disorders or other behavioral changes presenting in children and adolescents that are not otherwise explained by another known neurologic or medical disorder. (4) 'Pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections' or 'PANDAS' means a condition in which a streptococcal infection in a child or adolescent causes the abrupt onset of clinically significant obsessions, compulsions, tics, or other neuropsychiatric symptoms or behavioral changes, or a relapsing and remitting course of symptom severity. (b) All health benefit policies issued or renewed on or after July 1, 2025, shall include coverage for healthcare services for PANDAS or PANS for an individual covered under such policy as provided in this Code section. (c) Healthcare services for PANDAS or PANS for an individual covered under a health benefit policy shall be covered for the purposes of diagnosis, treatment, appropriate management, or ongoing monitoring of a covered person's disorder when such services are supported by nationally recognized clinical practice guidelines. (d) The benefits in a health benefit policy as provided for in this Code section shall be subject to the same deductibles, coinsurance, copayment provisions, and other limitations established for all covered benefits within such health benefit policy. Special deductibles, coinsurance, copayment, and other limitations that are not generally applicable to other healthcare services covered by a health benefit policy shall not be imposed on coverage for healthcare services for PANDAS or PANS. (e) The Commissioner shall promulgate rules and regulations necessary to implement the provisions of this Code section."

SECTION 2-2. Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefit plans, is amended by adding a new Code section to read as follows:
"45-18-4.2. (a) As used in this Code section, the term:
(1) 'Nationally recognized clinical practice guidelines' means evidence based clinical practice guidelines developed by independent organizations or medical professional societies utilizing a transparent methodology and reporting structure and with a conflict of interest policy. Such guidelines establish standards of care informed by a systematic review of evidence and an assessment of the benefits and risks of alternative care options and include recommendations intended to optimize patient care. (2) 'Pediatric acute-onset neuropsychiatric syndrome' or 'PANS' means a class of acute-onset obsessive compulsive or tic disorders or other behavioral changes presenting

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GENERAL ACTS AND RESOLUTIONS, VOL. I

in children and adolescents that are not otherwise explained by another known neurologic or medical disorder. (3) 'Pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections' or 'PANDAS' means a condition in which a streptococcal infection in a child or adolescent causes the abrupt onset of clinically significant obsessions, compulsions, tics, or other neuropsychiatric symptoms or behavioral changes, or a relapsing and remitting course of symptom severity. (4) 'State health benefit plan' means the health insurance plan or plans established pursuant to this article and Part 6 of Article 17 of Chapter 2 of Title 20 for state and public employees, dependents, and retirees. (b) Beginning January 1, 2026, the state health benefit plan shall include coverage for healthcare services for PANDAS or PANS for an individual covered under such policy as provided in this Code section. (c) Healthcare services for PANDAS or PANS for an individual covered under the state health benefit plan shall be covered for the purposes of diagnosis, treatment, appropriate management, or ongoing monitoring of a covered person's disorder when such services are supported by nationally recognized clinical practice guidelines. (d) The benefits in the state health benefit plan as provided for in this Code section shall be subject to the same deductibles, coinsurance, copayment provisions, and other limitations established for all covered benefits within such plan. Special deductibles, coinsurance, copayment, and other limitations that are not generally applicable to healthcare services covered by such plan shall not be imposed on coverage for healthcare services for PANDAS or PANS."

PART III SECTION 3-1.

This Act shall become effective on July 1, 2025, and shall apply to all policies or contracts issued, delivered, issued for delivery, or renewed in this state on or after such date.

SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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COMMERCE AND TRADE "FAIR BUSINESS PRACTICES ACT OF 1975"; COMMERCIAL CHEATING SERVICES THAT TARGET STUDENTS AND EXAMINEES SEEKING A PROFESSIONAL LICENSE AS AN UNLAWFUL, UNFAIR, AND DECEPTIVE TRADE PRACTICE; BAN.

No. 300 (Senate Bill No. 213).

AN ACT

To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to ban commercial cheating services that target students and examinees seeking a professional license; to limit enforcement to public enforcement by the Attorney General; to provide for definitions; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," is amended in subsection (b) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions unlawful and examples, by deleting "and" at the end of paragraph (34), by replacing the period with "; and" at the end of paragraph (35), and by adding a new paragraph to read as follows:
"(36) Failure to comply with the provisions of Code Section 10-1-393.20."

SECTION 2. Said part is further amended by adding a new Code section to read as follows:
"10-1-393.20. (a) As used in this Code section, the term:
(1) 'Assessment task' means any assignment, essay, thesis, dissertation, report, examination, project, or other assessable part of a course of study assigned or otherwise given to a student or examinee for credit. (2) 'Assignor' means:
(A) Any local school system or public school, private school, or home study program in this state; (B) Any institution of the University System of Georgia or unit of the Technical College System of Georgia; (C) Any organization that issues a professional license in this state; or

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(D) Any employee or agent of such schools, programs, institutions, units, or organizations. (3) 'Commercial purpose' means a purpose relating to financial gain or other compensation. (4) 'For credit' means for evaluation by an assignor as a factor in the issuance of any grade, evaluation, degree, diploma, certification, certificate, credential, exam score, or professional license. (5) 'Home study program' means a home study program as defined in subsection (c) of Code Section 20-2-690. (6) 'Person' means any individual, partnership, firm, limited liability company, association, corporation, or other legal entity or unincorporated organization. (7) 'Private school' shall have the same meaning as private school set forth in subsection (b) of Code Section 20-2-690. (8) 'Student or examinee' means: (A) Any student of a local school system or public school, a private school, or a home study program in this state; (B) Any student of an institution of the University System of Georgia or a unit of the Technical College System of Georgia; or (C) Any examinee for a professional license in this state. (9) 'Work product' means any written, electronic, recorded, pictorial, artistic, or other form of work. (b) It shall be unlawful for any person, for a commercial purpose, to provide or otherwise cause to be provided any work product to a student or examinee in a substantially completed form that could, under the circumstances, reasonably be considered as being, or forming a part of, an assessment task. (c) No disclaimer or contractual language between a person providing work product and a student or examinee shall exempt such person from the provisions of subsection (b) of this Code section. (d) Any violation of subsection (b) of this Code section shall constitute an unfair or deceptive act or practice in the conduct of consumer transactions under Part 2 of Article15 of this chapter, the 'Fair Business Practices Act of 1975'; provided, however, that enforcement against such violations shall only be by public enforcement by the Attorney General pursuant to this part and shall not be enforceable through a private right of action under Code Section 10-1-399. (e) Nothing in this Code section shall be construed to: (1) Prohibit any person from providing tutorial assistance, research material, or general information to a student or examinee; or (2) Prohibit any person from providing an automated system, software, or platform that generates specific responses to a student's or examinee's prompts; provided, however, that such responses shall not constitute a substantially completed assessment task and the

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primary purpose of such automated system, software, or platform is not the provision of assessment tasks."

SECTION 3. Said part is further amended in subsection (a) of Code Section 10-1-399, relating to civil actions for violations and remedies, by striking "Any" at the beginning of subsection (a), and inserting "Except as otherwise provided, any" in lieu thereof.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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MOTOR VEHICLES AND TRAFFIC SPECIAL LICENSE PLATES; ESTABLISH AN "AMERICA FIRST" SPECIALTY LICENSE PLATE.

No. 301 (Senate Bill No. 291).

AN ACT

To amend Code Section 40-2-86.1 of the Official Code of Georgia Annotated, relating to special license plates promoting or supporting certain worthy agencies, funds, or nonprofit corporations and qualified motor vehicles or drivers with proceeds deposited into the general fund, so as to establish an "America First" specialty license plate; to provide for conditions for the production of such license plates; to provide for discontinuing the manufacture of such license plates in certain instances; to provide for the disposition of funds to the general fund; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 40-2-86.1 of the Official Code of Georgia Annotated, relating to special license plates promoting or supporting certain worthy agencies, funds, or nonprofit corporations and qualified motor vehicles or drivers with proceeds deposited into the general fund, is amended in subsection (l) by adding a new paragraph to read as follows:
"(12) A special license plate displaying an image of the American flag, and the words 'America First' to represent patriotism, a commitment to prioritize the interests of this nation above all else, and to reinforce a sense of national pride and unity.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Notwithstanding subsection (h) of this Code section, the department shall be authorized to issue such license plate prior to receipt of 1,000 prepaid applications; provided, however, that, if 1,000 applications have not been submitted prior to January 1, 2028, the department shall not continue to manufacture such license plate. The funds raised by the sale of this special license plate shall be deposited in the general fund."

SECTION 2. This Act shall become effective on January 1, 2026.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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COURTS NONPARTISAN ELECTION OF MAGISTRATES; PROVIDE.

No. 302 (House Bill No. 426).

AN ACT

To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide for nonpartisan election of magistrates; to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to revise provisions related to nonpartisan elections of judges of the probate court and magistrates; to provide for related matters; to provide for an effective date, a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended in Code Section 15-10-20, relating to number, selection, term, filling vacancies, chief magistrate, and bonds, by revising subsection (c) as follows:
"(c) Unless otherwise provided by local law, all magistrates taking office on or after January 1, 1985, shall be selected as provided in this subsection. The chief magistrate shall be elected by the voters of the county at the general election next preceding the expiration of the term of the incumbent chief magistrate, in a nonpartisan election in the same manner as county judicial officers are elected, for a term beginning on the first day of January

GEORGIA LAWS 2025 SESSION

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following his or her election. As of July 1, 2025, no local Act providing for partisan election of a chief magistrate or other magistrate shall be enacted or enforceable. His or her successors shall likewise be elected quadrennially thereafter for terms beginning on the first day of January following their election. Magistrates other than the chief magistrate shall be appointed by the chief magistrate with the consent of the judges of superior court. The term of a magistrate so appointed shall run concurrently with the term of the chief magistrate by whom he or she was appointed."

SECTION 2. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by revising Code Section 21-2-138, relating to nonpartisan elections for judicial offices, as follows:
"21-2-138. The names of all candidates who have qualified with the Secretary of State for the office of judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court of this state and the names of all candidates who have qualified with the election superintendent for the office of judge of a state court, office of judge of a probate court, office of chief magistrate, or office of magistrate, when nonpartisan elections have been authorized by law for such county judicial office, shall be placed on the ballot in a nonpartisan election to be held and conducted jointly with the general primary in each even-numbered year. No candidates for any such office shall be nominated by a political party or by a petition as a candidate of a political body or as an independent candidate. Candidates for any such office shall have their names placed on the nonpartisan portion of each ballot by complying with the requirements prescribed in Code Section 21-2-132 specifically related to such nonpartisan candidates and by paying the requisite qualifying fees as prescribed in Code Section 21-2-131. Candidates shall be listed on the official ballot in a nonpartisan election as provided in Code Sections 21-2-284.1 and 21-2-285.1, respectively. Except as otherwise specified in this chapter, the procedures to be employed in conducting the nonpartisan election of judges of probate courts, chief magistrates, magistrates, judges of state courts, judges of superior courts, Judges of the Court of Appeals, and Justices of the Supreme Court shall conform as nearly as practicable to the procedures governing general elections; and such general election procedures as are necessary to complete this nonpartisan election process shall be adopted in a manner consistent with such nonpartisan elections."

SECTION 3. Said chapter is further amended in Code Section 21-2-139, relating to nonpartisan elections authorized and conduct, by revising subsection (a) as follows:
"(a) Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the election in nonpartisan elections of candidates to fill offices of judges of probate courts, offices of local boards of education, and offices

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of consolidated governments which are filled by the vote of the electors of said county or political subdivision. Except as otherwise provided in this Code section, the procedures to be employed in such nonpartisan elections shall conform as nearly as practicable to the procedures governing nonpartisan elections as provided in this chapter. Except as otherwise provided in this Code section, the election procedures established by any existing local law which provides for the nonpartisan election of candidates to fill county offices shall conform to the general procedures governing nonpartisan elections as provided in this chapter, and such nonpartisan elections shall be conducted in accordance with the applicable provisions of this chapter, notwithstanding the provisions of any existing local law. For those offices for which the General Assembly, pursuant to this Code section, provided by local Act for election in nonpartisan primaries and elections, such offices shall no longer require nonpartisan primaries. Such officers shall be elected in nonpartisan elections held and conducted in conjunction with the general primary in even-numbered years in accordance with this chapter without a prior nonpartisan primary. This Code section shall apply to all nonpartisan elections for members of consolidated governments. All nonpartisan elections for members of consolidated governments shall be governed by the provisions of this Code section and shall be considered county elections and not municipal elections for the purposes of this Code section. Nonpartisan elections for municipal offices shall be conducted on the dates provided in the municipal charter."

SECTION 4. Said chapter is further amended in said Code section as effective on January 1, 2027, by revising subsection (a) as follows:
"(a) Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the election in nonpartisan elections of candidates to fill offices of local boards of education and offices of consolidated governments which are filled by the vote of the electors of said county or political subdivision. Except as otherwise provided in this Code section, the procedures to be employed in such nonpartisan elections shall conform as nearly as practicable to the procedures governing nonpartisan elections as provided in this chapter. Except as otherwise provided in this Code section, the election procedures established by any existing local law which provides for the nonpartisan election of candidates to fill county offices shall conform to the general procedures governing nonpartisan elections as provided in this chapter, and such nonpartisan elections shall be conducted in accordance with the applicable provisions of this chapter, notwithstanding the provisions of any existing local law. For those offices for which the General Assembly, pursuant to this Code section, provided by local Act for election in nonpartisan primaries and elections, such offices shall no longer require nonpartisan primaries. Such officers shall be elected in nonpartisan elections held and conducted in conjunction with the general primary in even-numbered years in accordance with this chapter without a prior nonpartisan primary. This Code section shall apply to all nonpartisan elections for members of consolidated governments. All nonpartisan elections

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for members of consolidated governments shall be governed by the provisions of this Code section and shall be considered county elections and not municipal elections for the purposes of this Code section. Nonpartisan elections for municipal offices shall be conducted on the dates provided in the municipal charter."

SECTION 5. (a) Except as provided for in subsection (b) of this section, this Act shall become effective on July 1, 2025. (b) Section 4 of this Act shall become effective on January 1, 2027, following the ratification of an amendment to the Constitution of Georgia providing that all judges of the probate court shall be elected in nonpartisan elections; provided, however, that to the extent this Act conflicts with law in effect at the time of ratification, this Act and such amendment shall control, and to the extent such law is not in conflict, the law in effect at the time of ratification shall control and shall remain in full force and effect. If such amendment is not so ratified, then this Act shall stand automatically repealed.

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

__________

INSURANCE HEALTHCARE PROVIDER TO RESPOND TO A PRIVATE REVIEW AGENT OR UTILITY REVIEW
ENTITY'S ATTEMPT TO DISCUSS THE PATIENT'S CARE; DETAIL THE EFFORT.

No. 303 (House Bill No. 197).

AN ACT

To amend Code Section 33-46-6 of the Official Code of Georgia Annotated, relating to requirements for certification, utilization of nationally recognized accreditation standards, and website identifying nationally recognized accreditation entities, so as to detail the effort that shall be made by treating health care provider to respond to a private review agent or utility review entity's attempt to reach such provider to discuss the patient's care; to amend Chapter 46 of Title 33 of the Official Code of Georgia Annotated, relating to certification of private review agents, so as to provide for health insurers to implement and maintain a program that allows for the selective application of reductions in prior authorization requirements under certain circumstances; to provide for an annual filing; to provide for the

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promulgation of rules and regulations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 33-46-6 of the Official Code of Georgia Annotated, relating to requirements for certification, utilization of nationally recognized accreditation standards, and website identifying nationally recognized accreditation entities, is amended by revising paragraph (5) of subsection (a) as follows:
"(5) In any instances where the private review agent or utilization review entity is questioning the medical necessity of care, the treating health care provider, or such provider's appropriately qualified designee, shall be able to discuss the plan of treatment with a clinical peer trained in a related specialty and no adverse determination shall be made by the private review agent or utilization review entity until an effort has been made to discuss the patient's care with the patient's treating provider, or such provider's appropriately qualified designee who shall be familiar with the patient's case, during normal working hours. Such effort shall include contacting the treating provider or his or her designee, implementing a callback telecommunications system, or the use of a public website whereby such provider or designee may elect to receive a scheduled communication at a later time in the event that a clinical peer is not available. In the event of an adverse determination, notice to the provider will specify the reasons for the review determination;"

SECTION 2. Chapter 46 of Title 33 of the Official Code of Georgia Annotated, relating to certification of private review agents, is amended by adding a new Code section to read as follows:
"33-46-20.1. (a) Each insurer that utilizes prior authorization requirements shall implement and maintain a program that allows for the selective application of reductions in prior authorization requirements based on the stratification of healthcare providers' performance and adherence to evidence based medicine. Such program shall promote quality, affordable healthcare and reduce unnecessary administrative burdens for both the insurer and the healthcare provider. (b) Criteria for participation by healthcare providers and the healthcare services included in the program shall be at the discretion of the insurer; provided, however, that such insurer shall submit to the department a filing concerning such program. Such filing shall include a full narrative description of the program, the criteria for participation in the program, a list of the procedures and services subject to the program, the number of healthcare providers participating in the program, and any other information deemed necessary by the department.

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(c) No later than July 1, 2026, each insurer that utilizes prior authorization requirements shall make the filing provided for in subsection (b) of this Code section, and such filing shall be submitted annually in a form and manner provided for by rules and regulations promulgated by the Commissioner."

SECTION 3. This Act shall become effective on January 1, 2026, and shall apply to all policies or contracts issued, delivered, issued for delivery, or renewed in this state on or after such date.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

__________

EDUCATION PROVIDE TUITION GRANTS TO CHILDREN AND SPOUSES OF PUBLIC EMPLOYEES KILLED OR DISABLED IN THE LINE OF DUTY;
PROVIDE STUDENT LOAN REPAYMENT TO VETERINARIANS WHO PRACTICE SHELTER MEDICINE OR IN NONPROFIT PET STERILIZATION CLINICS.

No. 304 (Senate Bill No. 20).

AN ACT

To amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to provide for tuition grants to children and spouses of certain public employees killed or permanently disabled in the line of duty; to provide for charitable contributions to the Georgia Student Finance Authority for such grants; to expand eligibility for the Public Safety Memorial Grant to provide for tuition grants to children and spouses of emergency medical technicians, firefighters, highway emergency response operators, law enforcement officers, and prison guards who are killed or permanently disabled in the line of duty; to provide for tuition grants to children and spouses of public school employees and public school teachers who are killed or permanently disabled by an act of violence in the line of duty; to provide definitions; to provide for maximum grant amounts; to provide for eligibility; to provide for an application process; to provide for grant renewals; to provide for the purchase of loans made to students for educational purposes for veterinarians who practice shelter medicine and veterinarians who practice in nonprofit pet sterilization clinics; to provide for the appointment of additional members to the State Veterinary Education Board; to authorize the State Veterinary

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Education Board to establish committees; to provide for definitions; to require the State Veterinary Education Board to establish and maintain separate programs for loan purchases made under this part and loan purchases made under Part 6B of this article and account separately for the funding of each program; to provide requirements for participation in the loan repayment program; to provide for maximum total and annual repayment amounts; to provide for terms for repayment agreements; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, is amended in Part 3, relating to the Georgia Student Finance Authority, by revising Code Section 20-3-316.2, relating to voluntary donations through state income tax returns and drivers' license fees benefitting children of certain public servants seeking postsecondary education, as follows:
"20-3-316.2. (a)(1) Each Georgia income tax return form for taxable years beginning on or after January 1, 2026, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to make a charitable contribution to the Georgia Student Finance Authority to provide financial assistance toward the postsecondary educational costs of the children and spouses of law enforcement officers, firefighters, paramedics, emergency medical technicians, and prison guards employed by the state or other public employer and Highway Emergency Response Operators of the Department of Transportation who were permanently disabled or killed in the line of duty and the children and spouses of public school employees and public school teachers who were killed or permanently disabled by an act of violence in the line of duty by either donating all or any part of any tax refund due and authorizing a reduction in the refund check otherwise payable or contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return shall include a description of the intended use of the moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to make a charitable contribution to the Georgia Student Finance Authority may designate such contribution as provided on the appropriate income tax return form. (2) The Department of Revenue shall determine annually the total amount so contributed and shall transmit such amount to the Georgia Student Finance Authority.
(b) Beginning January 1, 2026, the Department of Driver Services shall, through appropriate language on its forms for the issuance and renewal of drivers' licenses and

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identification cards, offer individuals the opportunity to make a voluntary charitable contribution of $1.00, $5.00, or $10.00 to the Georgia Student Finance Authority to provide financial assistance toward the postsecondary educational costs of the children and spouses of law enforcement officers, firefighters, paramedics, emergency medical technicians, and prison guards employed by the state or other public employer and Highway Emergency Response Operators of the Department of Transportation who were permanently disabled or killed in the line of duty and the children and spouses of public school employees and public school teachers who were killed or permanently disabled by an act of violence in the line of duty. The form shall contain a description of the intended use of moneys received from the contributions. Each individual who desires to make a charitable contribution may designate such contribution on the appropriate form, and the Department of Driver Services shall accept such contribution. The Department of Driver Services shall determine annually the total amount so contributed, shall withhold therefrom a reasonable amount for administering this voluntary charitable contribution program, and shall transmit the balance to the Georgia Student Finance Authority for funding, in whole or in part, the postsecondary educational costs of such students. If, in any tax year, the administrative costs of the Department of Driver Services for collecting charitable contributions pursuant to this subsection exceed the sum of such contributions, the administrative costs which the Department of Driver Services is authorized to withhold from such contributions shall not exceed the sum of such contributions."

PART II SECTION 2-1.

Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, is amended in Subpart 7 of Part 3, relating to grants to children of law enforcement officers, firefighters, and prison guards, by revising Code Section 20-3-450, relating to legislative findings and purpose of subpart, as follows:
"20-3-450. The General Assembly finds that certain citizens are called upon to enforce the criminal laws of this state and to protect persons and properties within the state and that they provide a valuable and vital public service to the state and to citizens and properties within the state at a great personal sacrifice and risk to their own lives and well-being. The purpose of the General Assembly, as provided for in this subpart, is to enable the authority to provide educational grant assistance to the children and spouses of such persons who are killed or permanently disabled in the line of duty."

SECTION 2-2. Said article is further amended by revising Code Section 20-3-451, relating to definitions, as follows:

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"20-3-451. As used in this subpart, the term:
(1) 'Academic year' means a period of time, typically nine months, in which a full-time student is expected to complete the equivalent of at least nine or more credit hours per term or semester or in which a part-time student is expected to complete the equivalent of eight or fewer credit hours per term or semester. (2) 'Approved school' shall have the same meaning as the term 'eligible postsecondary institution' as set forth in Code Section 20-3-519. (3) 'Eligible student' means a person who qualifies for an educational grant under this subpart. (4) 'Emergency medical technician' means a person employed by the state or by a county, municipality, or other political subdivision of the state who has been certified as an emergency medical technician, cardiac technician, or paramedic pursuant to Chapter 11 of Title 31. (5) 'Firefighter' means a person employed, appointed, or regularly enrolled by the state or by any county or municipal fire department whose duties include extinguishing fires or investigating cases of suspected arson. (6) 'Highway emergency response operator' means an individual employed by the Department of Transportation who operates a towing or recovery vehicle or highway maintenance vehicle. (7) 'In the line of duty' means:
(A) With respect to an emergency medical technician, when performing services for and receiving compensation from the public agency which employs such emergency medical technician or when performing emergency medical services; (B) With respect to a firefighter, when responding to or returning from a fire or other emergency, performing duties during any fire or other emergency, or performing duties intended to protect life and property, including, without limitation, actual participation in a training exercise; (C) With respect to a highway emergency response operator, when performing services for and receiving compensation from the Department of Transportation; (D) With respect to a law enforcement officer, when performing services for the law enforcement agency which employs such officer, responding to any situation which would save a life or preserve the peace, or preventing or attempting to prevent the commission of a crime; or (E) With respect to a prison guard, when performing services for and receiving compensation from the public agency which employs such prison guard. (8) 'Law enforcement officer' means a sheriff, deputy sheriff, police officer, peace officer, officer or member of the Department of Public Safety, or other officer or official who has the power of arrest and who is responsible for enforcing the criminal laws of the state or its political subdivisions.

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(9) 'Permanent disability' or 'permanently disabled' means physical incapacity to perform the duties of a law enforcement officer, firefighter, prison guard, emergency medical technician, or highway emergency response operator as determined by the public employer designated in paragraph (3) of Code Section 20-3-453, provided that such incapacity is likely to be permanent based upon current medical standards. (10) 'Prison guard' means a person employed by the state or by a county, municipality, or other political subdivision of the state whose principal duties relate to supervision and incarceration of persons accused or convicted of violation of the criminal laws of the state or any county, municipality, or other political subdivision thereof."

SECTION 2-3. Said article is further amended by revising Code Section 20-3-452, relating to amount of grants to each eligible student, as follows:
"20-3-452. There is granted to each eligible student attending an approved school the sum of no more than $18,000.00 per academic year. No person shall be eligible to receive grant assistance provided under this subpart in excess of $72,000.00. Grant assistance to eligible students under this subpart shall be payable during the period of a summer school quarter or semester. The payment of grants to eligible students under this subpart shall be contingent upon the appropriation of funds by the General Assembly for the purposes of this subpart in annual appropriations Acts of the General Assembly."

SECTION 2-4. Said article is further amended by revising Code Section 20-3-453, relating to eligibility of students, as follows:
"20-3-453. No grants shall be payable to any person under this subpart who fails to meet any of the following qualifications or restrictions:
(1) Such person shall be the child, either natural or adopted, or the spouse of a law enforcement officer, firefighter, prison guard, emergency medical technician, or highway emergency response operator who has been permanently disabled or killed in the line of duty or while performing the duties to which he or she was assigned. If such person is the adopted child of any such law enforcement officer, firefighter, prison guard, emergency medical technician, or highway emergency response operator, such person shall have been adopted and any final order of adoption issued prior to the date of the accident or event causing the death or permanent disability of such parent; (2) Such person shall have been a citizen of this state for a period of at least 12 months immediately prior to the date of registration in an approved school and shall remain a citizen of this state while receiving funds under this subpart; (3) The parent or spouse of such person shall have been employed, appointed, or regularly enrolled by this state or any county, municipality, department, board, bureau,

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branch, agency, commission, authority, or political subdivision of the state on the date of the accident or event from which death or permanent disability resulted; and (4) Any person otherwise meeting the conditions of this subpart shall be eligible to receive a grant even though the accident or the event causing the death or disability of such person's parent or spouse occurred prior to July 1, 2025."

SECTION 2-5. Said article is further amended by revising Code Section 20-3-455, relating to administration of program and physical examinations, as follows:
"20-3-455. The authority is authorized to prescribe such rules and regulations as may be necessary or convenient for administration of this program and to establish procedures for determination of eligibility of applicants. The authority is also authorized to establish standards and procedures for verifying the death or permanent disability of the applicant's parent or spouse and for such purpose is authorized to require a physical examination and to pay for the cost of such examination from funds appropriated for use by the authority for the purposes of this subpart."

PART III SECTION 3-1.

Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, is amended in Part 3, relating to the Georgia Student Finance Authority, by adding a new subpart to read as follows:

"Subpart 7C

20-3-466. (a) As used in this Code section, the term:
(1) 'Academic year' means a period of time, typically nine months, in which a full-time student is expected to complete the equivalent of at least nine or more credit hours per term or semester or in which a part-time student is expected to complete the equivalent of eight or fewer credit hours per term or semester. (2) 'Act of violence' means a willful act of violence. (3) 'Approved school' shall have the same meaning as the term 'eligible postsecondary institution' as set forth in Code Section 20-3-519. (4) 'Authority' means the Georgia Student Finance Authority. (5) 'Eligible student' means a person who qualifies for an educational grant under this Code section.

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(6) 'In the line of duty' means while on duty and performing services for and receiving compensation from the local education agency which employs such public school teacher or public school employee. (7) 'Local education agency' shall have the same meaning as set forth in subsection (a) of Code Section 20-2-167.1. (8) 'Permanent disability' means disability due to:
(A) Loss of both eyes or blindness in both eyes with only light perception; (B) Loss or loss of use of both hands; (C) Loss or loss of use of both legs; (D) Loss of a lower extremity or residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair; or (E) Organic brain damage resulting from direct physical trauma incurred after July 1, 2001, which so affects the mental capacity as to preclude the ability to function productively in any employment. (9) 'Public school employee' shall have the same meaning as set forth in Code Section 20-2-910. (10) 'Public school teacher' shall have the same meaning as set forth in Code Section 20-2-880. (b) There is granted to each eligible student attending an approved school the sum of no more than $18,000.00 per academic year. No person shall be eligible to receive grant assistance provided under this Code section in excess of $72,000.00. Grant assistance to eligible students under this Code section shall be payable during the period of a summer school quarter or semester. The payment of grants to eligible students under this Code section shall be contingent upon the appropriation of funds by the General Assembly for the purposes of this Code section in annual appropriations Acts of the General Assembly. (c) No grants shall be payable to any person under this Code section who fails to meet any of the following qualifications or restrictions: (1) Such person shall be the child, either natural or adopted, or the spouse of a public school teacher or public school employee who has been killed by an act of violence in the line of duty or who has a permanent disability due to an act of violence in the line of duty. If such person is the adopted child of any such public school teacher or public school employee, such person shall have been adopted and any final order of adoption issued prior to the act of violence causing the death or permanent disability of such parent; (2) Such person shall have been a citizen of this state for a period of at least 12 months immediately prior to the date of registration in an approved school and shall remain a citizen of this state while receiving funds under this Code section; (3) The parent or spouse of such person shall have been a public school employee or public school teacher on the date of the act of violence from which death or permanent disability resulted; and

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(4) Any person otherwise meeting the conditions of this Code section shall be eligible to receive a grant even though the act of violence causing the death or permanent disability of such person's parent or spouse occurred prior to July 1, 2025. (d) Any person meeting the conditions of this Code section may apply to the authority for a grant. Such application shall be submitted in writing on forms prescribed by the authority for such purpose. The applicant shall furnish such information as may be required by the authority for determination of eligibility for the grant. The authority shall approve grant renewals only upon receipt of the recipient's application therefor and upon a finding that the recipient has successfully completed the work of the preceding school period and presents evidence that he or she is a student in good standing, that he or she remains a citizen of this state, and that he or she remains otherwise qualified to receive such grant under this Code section. (e) The authority is authorized to prescribe such rules and regulations as may be necessary or convenient for administration of this Code section and to establish procedures for determination of eligibility of applicants. The authority is also authorized to establish standards and procedures for verifying the death or permanent disability of the applicant's parent or spouse and for such purpose is authorized to require a physical examination and to pay for the cost of such examination from funds appropriated for use by the authority for the purposes of this Code section."

PART IV SECTION 4-1.

Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, is amended by revising Code Section 20-3-518.1, relating to definitions relative to state veterinary education, as follows:
"20-3-518.1. As used in this part, the term:
(1) 'Animal shelter,' 'nonprofit pet sterilization clinic,' 'pet sterilization services,' and 'shelter medicine' shall have the same meanings as set forth in Code Section 20-3-518.8. (2) 'Board' means the State Veterinary Education Board created under Code Section 20-3-518.2. (3) 'Commissioner' means the Commissioner of Agriculture. (4) 'Department' means the Department of Agriculture."

SECTION 4-2. Said article is further amended by revising Code Section 20-3-518.2, relating to State Veterinarian Education Board, as follows:
"20-3-518.2. (a) There shall be a State Veterinary Education Board which shall consist of:
(1) The Commissioner of Agriculture or his or her designee;

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(2) The dean of the College of Veterinary Medicine of the University of Georgia or his or her designee; (3) The dean of the College of Agricultural and Environmental Sciences of the University of Georgia or his or her designee; (4) A person actively engaged in the production of livestock in this state, to be appointed by the Governor, who shall serve for a term of four years and until his or her successor is qualified and appointed. The term of the initial member appointed under this paragraph shall commence on July 1, 2011; (5) A person actively engaged in the private practice of veterinary medicine in this state, whose practice includes but is not necessarily limited to food animals, to be appointed by the State Board of Veterinary Medicine, who shall serve for a term of four years and until his or her successor is qualified and appointed. The term of the initial member appointed under this paragraph shall commence on July 1, 2011; (6) A person employed as an executive director or equivalent of an animal shelter or a nonprofit pet sterilization clinic in this state, to be appointed by the Governor, who shall serve for a term of four years and until his or her successor is qualified and appointed. The term of the initial member appointed under this paragraph shall commence on January 1, 2026; and (7) A veterinarian employed full time in the practice of shelter medicine or pet sterilization services in this state, to be appointed by the Governor, who shall serve for a term of four years and until his or her successor is qualified and appointed. The term of the initial member appointed under this paragraph shall commence on January 1, 2026. (b) Any vacancies on the board shall be filled in the same manner as the original appointment. (c)(1) The board shall elect annually a chairperson and a vice chairperson to serve in the absence or inability of the chairperson. The board shall meet at least once each year at such time and place as may be fixed by the board. Special meetings shall be held upon the call of the chairperson. A majority of the members of the board shall constitute a quorum for the transaction of business. Except as otherwise provided in this subsection, no official action shall be taken by the board except upon the affirmative vote of at least a majority of the members of the board.
(2)(A) The board shall be authorized to establish a committee, consisting of two or more members of the board, which, to the extent provided by the board, shall have and exercise the authority of the board in regard to the loan purchases provided for in this part. (B) The board shall be authorized to establish a committee which, to the extent provided by the board, shall have and exercise the authority of the board in regard to the loan purchases provided for in Part 6B of this article. (d) The board shall be attached to the Department of Agriculture for administrative purposes only, pursuant to Code Section 50-4-3.

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(e) The board shall establish and maintain separate programs for loan purchases made under this part and loan purchases made under Part 6B of this article and shall account separately for the funding of each program. Any state appropriation of funds shall separately identify the amount of funds appropriated for each program."

SECTION 4-3. Said article is further amended by adding a new part to read as follows:

"Part 6B

20-3-518.8. As used in this part, the term:
(1) 'Animal shelter' shall have the same meaning as set forth in Code Section 4-11-2. (2) 'Board' means the State Veterinary Education Board created under Code Section 20-3-518.2. (3) 'Nonprofit organization' means an organization which is exempt from taxation under the provisions of Section 501(c)(3) of the United States Internal Revenue Code. (4) 'Nonprofit pet sterilization clinic' means a veterinary facility that exclusively offers pet sterilization services and which is a nonprofit organization. (5) 'Pet sterilization services' means procedures that meet or exceed veterinary medical standards of care in providing sterilization of dogs, cats, and pet rabbits. (6) 'Shelter medicine' means veterinary practices used to manage the health of populations of animals handled by animal shelters. (7) 'Veterinary facility' shall have the same meaning as set forth in Code Section 43-50-3.

20-3-518.9. (a) Beginning January 1, 2026, the board may provide for the purchase of loans made to students for educational purposes who have completed a program of study in the field of doctor of veterinary medicine or its equivalent and are authorized to practice veterinary medicine in this state and are residents of this state, with services in the form of the practice of veterinary medicine while residing in this state to be rendered as consideration for such loan purchases. (b) Only persons who have been practicing veterinary medicine for ten years or less shall be eligible for loan purchases under this part. (c) Only persons who practice shelter medicine full time or who practice full time at a nonprofit pet sterilization clinic shall be eligible for loan purchases under this part. (d) For eligible applicants who practice shelter medicine full time, the board shall give priority to applicants whose practices include pet sterilization services.

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20-3-518.10. (a)(1) Subject to appropriations, persons whose applications are approved and enter into a loan purchase agreement with the board, as provided by Code Section 20-3-518.9, shall receive a loan purchase in a total amount to be determined by the board, but not exceeding $75,000.00 per person. The loan purchases shall be paid in such manner as the board shall determine. (2) The loan purchases to be granted to each applicant shall be based upon the condition that the consideration for such loan purchases shall be services to be rendered by the applicant after entering into a loan purchase agreement with the board by practicing his or her profession full time in a board approved animal shelter or nonprofit pet sterilization clinic. (3) For time served after entering into a loan purchase agreement with the board in practicing his or her profession full time in an animal shelter or nonprofit pet sterilization clinic, the applicant shall receive a loan purchase at a rate equivalent to $25,000.00 per 12 months of service; provided, however, that the total purchase amount shall not exceed the maximum specified in paragraph (1) of this subsection.
(b) The board shall not enter into new loan purchase agreements with more than four persons per year for shelter medicine or nonprofit pet sterilization services; provided, however, that the total sum of loan purchases from state appropriations for which the board contractually obligates itself in any fiscal year shall not exceed the amount of funds for such loan purchase agreements specified in annual appropriations Acts. Funds in the loan purchase fund account that are not expended or contractually obligated by the board for loan purchases during any fiscal year shall lapse.

20-3-518.11. (a) Before being granted a loan purchase, each applicant shall enter into a contract with the board for a term of three consecutive years agreeing to the terms and conditions upon which the loan purchase is granted, including such terms and provisions as will carry out the full purpose and intent of this part. No person shall be eligible to receive such loan purchase more than once during his or her lifetime. The form of such contract shall be prepared and approved by the Attorney General, and each contract shall be signed by the chairperson of the board and by the applicant. (b) The board shall have the authority to cancel the loan purchase contract of any applicant at any time for any cause deemed sufficient by the board, provided that such authority shall not be arbitrarily or unreasonably exercised. (c) The board shall adopt such rules and regulations as are reasonable and necessary to implement the provisions of this part."

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PART V SECTION 5-1.

All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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CONTRACTS CONVENIENCE FEES FOR PAYMENT BY ELECTRONIC MEANS; REVISE PROVISIONS.

No. 305 (House Bill No. 241).

AN ACT

To amend Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions regarding contracts, so as to revise provisions regarding convenience fees for payment by electronic means; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions regarding contracts, is amended by revising Code Section 13-1-15, relating to convenience fee and when appropriate, as follows:
"13-1-15. (a) As used in this Code section, the term:
(1) 'Actual cost' means the amount paid by a lender to a third party or the amount incurred by a third party for the processing of a payment made by electronic means. If a lender or merchant is a subsidiary of an entity that processes payments made by electronic means, the parent entity shall be considered a third party. (2) 'Payment by electronic means' means the remittance of an amount owed through the use of a credit card, debit card, electronic funds transfer, electronic check, or other electronic method. (b) In addition to any other charges, interest, and fees permitted by law and subject to the terms and conditions of the debit card or credit card acceptance agreement, a lender or merchant may collect a nonrefundable convenience fee from any person electing to utilize an option of payment by electronic means. Such convenience fee shall be in an amount that represents the actual cost to a lender or merchant; provided, however, that in lieu of

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the actual cost, a lender or merchant is authorized to collect a convenience fee which does not exceed the average of the actual cost incurred for a specific type of payment made by electronic means for which such lender or merchant imposes a convenience fee, or a fee of up to $5.00, whichever is greater. (c) No convenience fee shall be charged unless a lender or merchant also provides a direct payment option by check, cash, or money order or payment by electronic means in which no convenience fee is imposed. (d) Any lender or merchant imposing a convenience fee as provided for in this Code section shall provide clear disclosure of such fee prior to imposition. Such notice shall include the dollar amount of such fee, a statement that such fee is nonrefundable, and a statement that such fee is charged for payment by electronic means. (e) This Code section shall apply only to loans made pursuant to Chapter 1 of Title 7, installment loans made pursuant to Chapter 3 of Title 7, retail installment and home solicitation sales contracts entered into pursuant to Article 1 of Chapter 1 of Title 10, motor vehicle sales financing contracts entered into pursuant to Article 2 of Chapter 1 of Title 10, and insurance premium finance agreements entered into pursuant to Chapter 22 of Title 33; provided, however, that a convenience fee authorized under this Code section shall not constitute interest, an additional charge, a time price differential, a finance charge, or a service charge within the meaning of Code Section 7-3-12, 10-1-4, 10-1-33, or 33-22-9. (f) Nothing contained in Code Section 7-4-18 shall be construed to amend or modify the provisions of this Code section."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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STATE GOVERNMENT GEORGIA ENVIRONMENTAL FINANCE AUTHORITY; FINANCE AND PERFORM CERTAIN DUTIES IN CONNECTION WITH PROJECTS RELATING TO NATURAL GAS FACILITIES; AUTHORIZE.

No. 306 (Senate Bill No. 13).

AN ACT

To amend Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Environmental Finance Authority, so as to authorize the authority to finance and perform certain duties in connection with projects relating to natural gas facilities and

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conversion of electrical lines; to revise definitions; to provide for rules and regulations; to provide for limited liability; 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 23 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Environmental Finance Authority, is amended in Code Section 50-23-4, relating to definitions, by revising paragraphs (5), (6), (10.1), and (10.2) and adding a new paragraph to read as follows:
"(5) 'Environmental facilities' means any projects, structures, and other real or personal property acquired, rehabilitated, constructed, or planned:
(A) For the purposes of supplying, distributing, and treating water and diverting, channeling, or controlling water flow and head including, but not limited to, surface or ground water, canals, reservoirs, channels, basins, dams, aqueducts, standpipes, penstocks, conduits, pipelines, mains, pumping stations, water distribution systems, compensating reservoirs, intake stations, waterworks or sources of water supply, wells, purification or filtration plants or other treatment plants and works, connections, water meters, mechanical equipment, electric generating equipment, rights of flowage or division and other plant structures, equipment, conveyances, real or personal property or rights therein and appurtenances, furnishings, accessories, and devices thereto necessary or useful and convenient for the collection, conveyance, distribution, pumping, treatment, storing, or disposing of water; (B) For the purposes of collecting, treating, or disposing of sewage including, but not limited to, main, trunk, intercepting, connecting, lateral, outlet, or other sewers, outfall, pumping stations, treatment and disposal plants, ground water rechange basins, backflow prevention devices, sludge dewatering or disposal equipment and facilities, clarifiers, filters, phosphorus removal equipment and other plants, soil absorption systems, innovative systems or equipment, structures, equipment, vehicles, conveyances, real or personal property or rights therein, and appurtenances thereto necessary or useful and convenient for the collection, conveyance, pumping, treatment, neutralization, storing, and disposing of sewage; (C) For the purposes of collecting, treating, recycling, composting, or disposing of solid waste, including, but not limited to, trucks, dumpsters, intermediate reception stations or facilities, transfer stations, incinerators, shredders, treatment plants, landfills, landfill equipment, barrels, binders, barges, alternative technologies and other plant structures, equipment, conveyances, improvements, real or personal property or rights therein, and appurtenances, furnishings, accessories, and devices thereto necessary or useful and convenient for the collection, treatment, or disposal of solid waste;

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(D) For the purposes of carrying out a community land conservation project or a state land conservation project pursuant to Chapter 22 of Title 36; (E) For the purposes of conversion of electrical lines from aboveground lines to underground lines; or (F) For the purposes of storing, supplying, and distributing natural gas outside any certified area of a nonmunicipal gas company, as such term is defined in paragraph (5) of Code Section 46-1-1, including, but not limited to, pipelines, storage tanks and facilities, natural gas distribution systems, equipment, vehicles, conveyances, real or personal property or rights therein and appurtenances, furnishings, accessories, and devices thereto necessary or useful and convenient for the storage, supply, and distribution of natural gas. (6) 'Environmental services' means the provision, collectively or individually, of water facilities, sewerage facilities, solid waste facilities, natural gas facilities, conversion of electrical lines from aboveground lines to underground lines, community land conservation projects or state land conservation projects pursuant to Chapter 22 Title 36, or management services." "(10.1) 'Natural gas facility' means any environmental facility described in subparagraph (F) of paragraph (5) of this Code section. (10.2) 'Nongovernmental entity' means a nonprofit organization the primary purposes of which are the permanent protection and conservation of land and natural resources. (10.3) 'Nonprofit corporation' means any corporation qualified as a not for profit corporation by the Internal Revenue Service under Section 501(c)(3) or Section 501(c)(4) of the Internal Revenue Code."

SECTION 2. Said chapter is further amended in subsection (b) of Code Section 50-23-5, relating to purpose, powers, and duties, by deleting "and" at the end of paragraph (33), by deleting the period and substituting in lieu thereof "; and" at the end of subparagraph (J) of paragraph (34), and by adding a new paragraph to read as follows:
"(35) To promulgate and adopt rules and regulations to carry out the purposes of this chapter."

SECTION 3. Said chapter is further amended in Code Section 50-23-12, relating to personal liability of members, officers, and employees of the authority, by revising paragraph (2) as follows:
"(2) The construction, ownership, maintenance, or operation of any solid waste system, sewerage system, natural gas system, environmental facility, or water system owned by a local government; or"

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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 May 14, 2025.

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PUBLIC OFFICERS AND EMPLOYEES STATE EMPLOYEES' INSURANCE HEALTH PLAN; DRUGS DISPENSED FOR SELF-ADMINISTRATION; PROVISIONS.

No. 307 (House Bill No. 196).

AN ACT

To amend Part 1 of Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' health insurance plan, so as to require that drugs dispensed to a covered person for self-administration under a state health plan be reimbursed using a transparent, index based price, plus a dispensing fee; to provide for enforcement authority by the Commissioner of Insurance; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' health insurance plan, is amended by adding a new Code section to read as follows:
"45-18-22. (a) As used in this Code section, the term:
(1) 'Independent pharmacy' means an entity contracted with the PBM pursuant to an agreement with a single retail pharmacy, or is contracted with the PBM through a pharmacy services administrative organization. (2) 'Insurer' means a corporation licensed to transact accident and sickness or major medical insurance business in this state, a healthcare corporation, a health maintenance organization, a pharmacy benefits manager, or any other entity that provides healthcare coverage or services pursuant to a state health plan. Such term shall not include any

GEORGIA LAWS 2025 SESSION

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licensed group model health maintenance organization with an exclusive medical group contract and which operates its own pharmacies which are licensed under Code Section 26-4-110. (3) 'National average drug acquisition cost' means the monthly survey of retail pharmacies conducted by the federal Centers for Medicare and Medicaid Services to determine average acquisition cost for Medicaid covered outpatient drugs. (4) 'Pharmacy' means a pharmacy or pharmacist licensed or holding a nonresident pharmacy permit pursuant to Chapter 4 of Title 26. (5) 'Pharmacy benefits manager' or 'PBM' means a person, business entity, or other entity that performs pharmacy benefits management as such term is defined in Chapter 64 of Title 33. The term 'pharmacy benefits manager' includes a person or entity acting for a pharmacy benefits manager in a contractual or employment relationship in the performance of pharmacy benefits management for a health plan, including operating or administering a prescription card or prescription discount program directly or on behalf of a pharmacy benefits manager or insurer for covered persons for drugs not covered or being reimbursed by the covered person's pharmacy benefits manager or health plan. Such term shall not include services provided by pharmacies operating under a hospital pharmacy license. Such term shall not include health systems while providing pharmacy services for their patients, employees, or beneficiaries, for indigent care, or for the provision of drugs for outpatient procedures. Such term shall not include services provided by pharmacies affiliated with a facility licensed under Code Section 31-44-4 or a licensed group model health maintenance organization with an exclusive medical group contract and which operates its own pharmacies which are licensed under Code Section 26-4-110. (6) 'State health plan' means:
(A) The state employees' health insurance plan established pursuant to this article; (B) The health insurance plan for public school teachers and the health insurance plan for public school employees established pursuant to Subparts 2 and 3, respectively, of Part 6 of Article 17 of Chapter 2 of Title 20; and (C) The health benefit plan established for members, employees, and retirees of the Board of Regents of the University System of Georgia pursuant to Code Section 31-2-4. (b)(1) On and after January 1, 2026, an insurer shall reimburse a pharmacy for a drug dispensed to a covered person for self-administration in the state health plan in an amount equal to: (A) The national average drug acquisition cost on the day of claim administration or, if unavailable, a discounted percentage of the average wholesale price or wholesale acquisition cost on the day of claim administration as determined by the state health plan based on current competitive market rates or, if unavailable, the wholesale acquisition cost; and (B) A professional dispensing fee that is not less than $10.50 for chain pharmacies and $11.50 for independent pharmacies.

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(2) Nothing in this subsection shall prohibit a state health plan from authorizing reimbursement by an insurer to a pharmacy for a drug or drugs in excess of but not lower than the amount required pursuant to paragraph (1) of this subsection. (c) An insurer shall not circumvent the requirements regarding pharmacy reimbursement in this Code section in any manner, including without limitation by adjudicating claims through a prescription drug discount card or program. (d) The Commissioner of Insurance shall have enforcement authority over this Code section and to take any other actions pursuant to any authority granted under Chapter 64 of Title 33, relating to the regulation and licensure of pharmacy benefits managers. Such authority shall be in addition to any authority granted to the applicable state health plan under contract or law."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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COURTS JUDGES; JUSTICES; SPOUSES; PROTECTION; PERSONALLY IDENTIFIABLE INFORMATION.

No. 308 (House Bill No. 199).

AN ACT

To amend Chapter 5 of Title 15 the Official Code of Georgia Annotated, relating to administration of courts of record generally, so as to modify provisions related to protection of personally identifiable information of judges and their spouses; to abolish the requirement for the Administrative Office of the Courts to maintain a data base of protected persons and information; to provide for a state-wide form to be used by protected persons seeking to have information restricted from public disclosure; to require state and local governments to restrict from public disclosure personally identifiable information when requested by a protected person; to provide procedures for such requests; to revise definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 5 of Title 15 the Official Code of Georgia Annotated, relating to administration of courts of record generally, is amended by revising Article 8, relating to protection of personally identifiable data of judges and spouses, as follows:

"ARTICLE 8

15-5-110. As used in this article, the term:
(1) 'Personally identifiable information' means any personal phone number, home address, or property or tax records of a protected person. (2) 'Protected person' means any current or former:
(A) Judge or justice of this state and his or her spouse; (B) Judge of any county or municipality of this state and his or her spouse; and (C) Judge or justice of the United States and his or her spouse. (3) 'Publicly available content' means any written or electronic document or record that provides information or that serves as a document or record maintained, controlled, or in the possession of a state or local government entity that may be obtained by any person from the state or local government entity's public website or from such state or local government agency upon request whether free of charge or for a fee. (4) 'State or local government entity' means any: (A) Agency of the executive branch of this state; or (B) Any county or municipality of this state, including, but not limited to, any county or municipal court clerk's office, board of elections, board of tax assessors, or board of ethics.

15-5-111. The Administrative Office of the Courts shall:
(1) Establish a method for obtaining information from the Administrative Office of the United States Courts as necessary for purposes of this article; (2) Develop a form for a protected person to use when requesting the restriction from public disclosure of personally identifiable information pursuant to this article. Such form may include a process for verification of the election or appointment of such person as a judge or justice of this state or the United States or verification of such person's status as the spouse of a person serving as a judge or justice of this state or the United States; (3) Make the form provided for in paragraph (2) of this Code section available to protected persons on its public website; and (4) Coordinate state-wide training and information sharing related to security procedure and practices relative to the judicial branch of government.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

15-5-112. (a) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary, a state or local government entity shall restrict from public disclosure any personally identifiable information that specifically identifies a protected person as a judge, justice, or spouse thereof. The provisions of this subsection shall include, but shall not be limited to, records or filings in the office of the Secretary of State and the State Ethics Commission. (b) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary, a state or local government entity that possesses records, filings, or other publicly available content that does not specifically identify a person as a judge, justice, or spouse thereof but that includes personally identifiable information of such a protected person shall, upon request of the protected person, restrict from public disclosure any personally identifiable information. A protected person may request that his or her personally identifiable information be restricted from public disclosure pursuant to this subsection by submitting a request in writing to the state or local government entity on the form provided for in Code Section 15-5-111. A state or local government entity receiving such request shall restrict from public disclosure the personally identifiable information within 30 days of receiving a valid request. (c) Any protected person may bring an action in a court of competent jurisdiction against any officer or employee of the state or local government entity in his or her individual capacity for failure to comply with subsection (a) or (b) of this Code section. Any relief granted by such action shall be limited to injunctive relief."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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LAW ENFORCEMENT OFFICERS AND AGENCIES GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCIL; CREATE AND MAINTAIN AN AT-RISK ADULT TRAINING COURSE FOCUSING ON OFFICER RESPONSE TO INDIVIDUALS WITH ALZHEIMER'S DISEASE OR DEMENTIA.

No. 309 (House Bill No. 238).

AN ACT

To amend Chapter 5 of Title 35 of the Official Code of Georgia Annotated, relating to Georgia Public Safety Training Center, so as to require the Georgia Public Safety Training Center to create and maintain an at-risk adult training course focusing on officer response to individuals with Alzheimer's disease or dementia; to provide for requirements for such course; to provide for collaborative course development with the Division of Aging Services; to provide for approval of the training program by the Georgia Peace Officer Standards and Training Council; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 35 of the Official Code of Georgia Annotated, relating to Georgia Public Safety Training Center, is amended by adding a new Code section to read as follows:
"35-5-8. (a) The Georgia Public Safety Training Center shall create and maintain an at-risk adult training course available to all peace officers, emergency medical personnel, and behavioral health co-responders relating to responding to at-risk adults, including those individuals living with Alzheimer's disease or other forms of dementia. (b) Such training course shall, at a minimum, provide training in:
(1) Investigating criminal violations involving benefits trafficking and related offenses; (2) Investigating criminal violations involving the abuse, neglect, or exploitation of a disabled adult or elder person; (3) Responding to reports of missing persons; (4) Interacting with victims of abuse, neglect, and exploitation in a victim centered and trauma informed way; and (5) Certain aspects of Alzheimer's disease and other forms of dementia and cognitive impairment, including;
(A) Instruction in interacting with persons with Alzheimer's disease and other forms of dementia;

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(B) Techniques for recognizing the behavioral symptoms and characteristics of Alzheimer's disease and other forms of dementia; (C) Techniques for effective communication with persons with Alzheimer's disease and other forms of dementia; (D) Techniques for employing alternatives to physical restraints; and (E) Protocols for contacting caregivers when an individual with Alzheimer's disease or other form of dementia is found wandering or during an emergency situation. (c) The training course provided for in this Code section shall be developed by the Georgia Public Safety Training Center in collaboration with the Forensic Special Initiatives Unit of the Division of Aging Services of the Department of Human Services. (d) The number of hours and specific curriculum required for the training course provided for in this Code section shall be approved by the Georgia Peace Officer Standards and Training Council."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

__________

OFFICIAL CODE OF GEORGIA ANNOTATED AMEND VARIOUS TITLES.

No. 310 (House Bill No. 327).

AN ACT

To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for the appointment of a trust director regarding certain estates; to update certain fiduciary provisions; to amend Chapter 6B of Title 10 of the Official Code of Georgia Annotated, relating to Georgia power of attorney, so as to provide for certain delegations to powers of attorney; to amend Code Section 15-9-127 of the Official Code of Georgia Annotated, relating to concurrent jurisdiction with superior courts and probate court jurisdiction, so as to provide for service of process regarding probate proceedings; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for parental powers and rights regarding children born out of wedlock or from methods of assisted reproduction; to provide for superior court jurisdiction regarding support orders; to amend Code Section 24-12-21 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, so as to provide for the dissemination of certain information regarding the estate of a person with AIDS; to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and

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807

ward, so as to increase the amount of moneys distributed under probate court jurisdiction in cases of minors and incapacitated persons; to revise provisions regarding the compensation for legal counsel or guardian ad litem; to amend Code Section 31-10-9 of the Official Code of Georgia Annotated, relating to registration of births, so as to provide for children born from methods of assisted reproduction; to amend Code Section 43-34-37 of the Official Code of Georgia Annotated, relating to persons authorized to perform artificial insemination and civil liability of physician or surgeon, so as to provide for the authorization of performing methods of assisted reproduction; to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to provide for petitions of trustees and trust directors regarding nonvested property interests; to provide for certain institutional gifts and funds; to amend Code Section 50-18-160 of the Official Code of Georgia Annotated, relating to protection of personal information of individuals or nonprofit organizations, so as to provide that certain provisions of such Code section shall not apply to the collection and use of personal information by the Department of Early Care and Learning for purposes authorized by Chapter 1A of Title 20; to amend Code Section 51-4-2 of the Official Code of Georgia Annotated, relating to wrongful death of spouse or parent, so as to provide for recovery for children born out of wedlock; to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, so as to provide for the decree of adoption; to provide for estate interests of children born out of wedlock or from methods of assisted reproduction; to provide for procedures when heirship distribution is in question regarding estate property interests; to provide for certain fiduciary powers for estate personal representatives; to provide that creditors give personal representatives timely notice of claims against the estate; to provide for the filing and service of estate annual return documentation; to revise certain definitions relating to trusts; to provide for DNA testing with regard to kinship; to provide for the survival of common law and equity regarding trusts; to provide for interested parties in nonjudicial settlement agreements; to provide for conditions in terrorem trust instruments; to provide for trustee duties to the settlor; to provide for certain trustee powers regarding trust modifications; to provide for charitable trusts; to provide for the capacity, appointment, and removal of trustees; to provide for trustee duties to the beneficiary; to provide for trustee powers; to repeal a provision relating to granting powers by qualified beneficiaries; to provide for limitations of actions against a trustee; to provide for nonresidents acting as trustees; to revise provisions regarding trust instrument delegation and unitrusts; to revise provisions relating to trust directors; to provide for electronic trust administration records and electronic signatures with respect to trusts; to provide for definitions; to provide for conformity to federal law; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by revising subsection (b) of Code Section 7-1-223, relating to substituted trustee or manager for trust and pooled assets, as follows:
"(b) Nothing in this Code section or Code Section 7-1-222 shall be construed to impair any right of the grantor or beneficiaries of trust or pooled assets, a trust director acting as authorized by and in compliance with Article 18 of Chapter 12 of Title 53 with respect to trust or pooled assets, or any person acting as authorized by and in compliance with Code Section 53-12-201 with respect to trust or pooled assets under applicable instruments or otherwise to secure or provide for the appointment of a substituted trustee or manager."

SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 7-1-242, relating to restriction on corporate fiduciaries, as follows:
"(b) Acting as a fiduciary for purposes of this Code section includes, but is not limited to: (1) Accepting or executing trusts or otherwise acting as a trustee; (2) Administering real or tangible personal property located in Georgia or elsewhere. As used in this paragraph, the term 'administer' means to possess, purchase, sell, lease, insure, safekeep, manage, or otherwise oversee; and (3) Acting pursuant to a court order as personal representative or temporary administrator of the estate of a deceased person or as guardian or conservator for a minor or incapacitated person."

SECTION 3. Said chapter is further amended by revising subsection (d) of Code Section 7-1-322, relating to effect of affiliate transfer on bank, abandonment of transfer, and substituted fiduciary, as follows:
"(d) Nothing in this Code section shall be construed to impair any right of the grantor or beneficiaries of any fiduciary relationship or a trust director acting as authorized by and in compliance with Article 18 of Chapter 12 of Title 53 with respect to such fiduciary relationship under applicable instruments or otherwise to secure or provide for the appointment of a substituted fiduciary."

SECTION 4. Said chapter is further amended by revising Code Section 7-1-324, relating to designation of affiliate trust company as successor fiduciary, as follows:
"7-1-324. Upon any affiliate transfer, the affiliate trust company may be designated in any deed, trust instrument, agreement, filing, instrument, notice, certificate, pleading, or other document as successor fiduciary pursuant to this part."

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SECTION 5. Said chapter is further amended by revising Code Section 7-1-333, relating to limitations on investments, as follows:
"7-1-333. Trust institutions and foreign trust institutions, as defined by this part, acting in a fiduciary capacity and for fiduciary purposes, if exercising due care as a prudent investor, and with the consent of any cofiduciary, may invest and reinvest funds held in such fiduciary capacity in the shares of stock of one or more fiduciary investment companies, except where the will, trust instrument or indenture, or other instrument under which such trust institution or foreign trust institution acts prohibits such investment, provided that the fiduciary investment company, by its articles of incorporation issued and granted in conformity with Chapter 2 of Title 14, the 'Georgia Business Corporation Code,' shall have and possess the corporate powers required by this part and be subject to the limitations set forth by this part; provided, further, that no such trust institution or foreign trust institution shall invest in the stock of a fiduciary investment company on behalf of any estate, trust, or fund administered by such trust institution or foreign trust institution a sum or amount that would result in such estate, trust, or fund having a total investment in such stock in excess of the maximum amount or percentage that might be invested by such estate, trust, or fund, under the regulations of the department in effect at the time of such investment, in any common trust fund having total assets equal to the total assets of the fiduciary investment company as increased by the proposed investment; and no trust institution or foreign trust institution shall invest in the stock of a fiduciary investment company if, immediately after such investment and as a consequence thereof, it would own more than 25 percent of the voting securities of such fiduciary investment company that would then be outstanding."

SECTION 6. Said chapter is further amended by revising Code Section 7-1-334, relating to corporate powers and limitations and restrictions, as follows:
"7-1-334. Every fiduciary investment company in which a trust institution or foreign trust institution is authorized by this part to own and hold corporate stock or shares, in order to qualify for such investments, shall have such corporate powers as may be granted by Chapter 2 of Title 14, the 'Georgia Business Corporation Code,' by virtue of its incorporation under those chapters and shall, in addition, have the following corporate powers under its articles of incorporation and, by its articles of incorporation or its bylaws, be subject to the limitations and restrictions set forth in this Code section:
(1) The stock of any such fiduciary investment company shall be owned and held only by trust institutions and foreign trust institutions acting as fiduciaries or cofiduciaries but may be registered in the name of the nominee or nominees of any such trust institution or foreign trust institution. Such stock shall not be subject to transfer or assignment

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except to the trust institution or foreign trust institution on whose behalf the stock is held by any such nominee or nominees or to a fiduciary or cofiduciary that becomes successor to the shareholder and that is also a trust institution or foreign trust institution qualified to hold such stock; (2) A fiduciary investment company shall have no fewer than five directors, who need not be shareholders but shall be officers or directors of trust institutions or foreign trust institutions holding stock in such fiduciary investment company; provided, however, that no more than two directors shall be officers or directors of any one trust institution or foreign trust institution if the fiduciary investment company has been organized and incorporated by three or more trust institutions; (3) In acquiring, investing, reinvesting, exchanging, selling, and managing its assets, every fiduciary investment company shall exercise the judgment and care under the circumstances then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the safety of their capital. Within the foregoing limitations, a fiduciary investment company may acquire and retain every kind of investment, specifically including, but not limited to, bonds, debentures, and other corporate obligations and corporate stocks, preferred or common, that persons of prudence, discretion, and intelligence acquire or retain for their own account, provided that a fiduciary investment company shall not at any time:
(A) Invest in real estate, commodities, or commodity contracts; (B) Participate on a joint or joint and several basis in any securities trading account; (C) Invest in companies for the purpose of exercising control or management; (D) Make loans to any person or persons, except that the purchase of a portion of an issue of debt securities, convertible debt securities, debt securities with warrants, rights, or options attached, or other similar securities when originally issued or thereafter, of a character commonly distributed publicly, shall not be considered the making of a loan; (E) Purchase or retain the securities of any issuer if immediately after such acquisition and as a result thereof the following requirements would not be met: at least 75 percent of the total assets in the fiduciary investment company taken at market value are represented by cash and cash items, securities issued or guaranteed by the United States or an instrumentality thereof, and other securities that, as to any one issuer, do not represent more than 10 percent of the value of the total assets of the fiduciary investment company; (F) Purchase or otherwise acquire the securities of any other investment company as such term is defined in the federal Investment Company Act of 1940; (G) Act as underwriter of the securities of other issuers; (H) Borrow money; or

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(I) Engage in margin transactions or short sales or write put or call options for the purchase or sale of securities; (4) A fiduciary investment company may acquire, purchase, or redeem its own stock and may, by means of contract or by its bylaws, bind itself to acquire, purchase, or redeem its own stock; but it shall not vote shares of its own stock theretofore redeemed; (5) A fiduciary investment company shall not be responsible for ascertaining the investment powers of any fiduciary who may purchase its stock, shall not be liable for accepting funds from a fiduciary in violation of restrictions of the will, trust instrument or indenture, or other instrument under which such fiduciary is acting in absence of actual knowledge of such violation, and shall be accountable only to the department and the fiduciaries who are the owners of its stock; and (6) Every fiduciary investment company subject to the supervision and regulation of the comptroller of the currency of the United States shall comply with all applicable rules and regulations of that agency to the extent that such rules and regulations are in addition to or in conflict with rules and regulations promulgated by the department."

SECTION 7. Chapter 6B of Title 10 of the Official Code of Georgia Annotated, relating to Georgia power of attorney, is amended in Code Section 10-6B-3, relating to applicability of chapter, by revising paragraphs (9) and (10) and by adding a new paragraph to read as follows:
"(9) Any delegation of authority by a personal representative, trustee, or trust director that is expressly provided for under a will or trust instrument or under Title 53, including, but not limited to, paragraph (2) of subsection (a) of Code Section 53-7-5, paragraph (1) of Code Section 53-12-204, Code Section 53-12-345, and subsection (f) of Code Section 53-12-503; (10) Powers of attorney provided for under Titles 19 and 33; and (11) As set forth in Code Section 10-6B-81."

SECTION 8. Said chapter is further amended by revising Code Section 10-6B-81, relating to application of Chapter 6B, as follows:
"10-6B-81. (a) This Code section and Code Section 10-6B-19 shall apply retroactively to powers of attorney created before July 1, 2018. The remainder of this chapter shall not apply to a power of attorney executed before July 1, 2017. (b) When this chapter applies to a power of attorney pursuant to Code Section 10-6B-3, Chapter 6 of this title shall not apply to such power of attorney. (c) When, other than this Code section and Code Section 10-6B-19, this chapter does not apply to a power of attorney:
(1) It shall not affect the application of Chapter 6 of this title; and

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(2) The former provisions of Article 7 of Chapter 6 of this title, as such existed on June 30, 2017, shall remain applicable."

SECTION 9. Code Section 15-9-127 of the Official Code of Georgia Annotated, relating to concurrent jurisdiction with superior courts and probate court jurisdiction, is amended by adding a new subsection to read as follows:
"(d) In a proceeding in the probate court under subsection (a) of this Code section, service of summons, notice, or process may be made pursuant to Chapter 11 of Title 53."

SECTION 10. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by revising paragraph (9) of subsection (b) of Code Section 19-7-1, relating to in whom parental power lies, how such power lost, and recovery for homicide of child or unborn child, as follows:
"(9) A superior court order terminating parental rights of the legal father or the biological father who is not the legal father of the child in a petition for legitimation, a petition to establish paternity, a divorce proceeding, or a custody proceeding pursuant to this chapter or Chapter 5, 8, or 9 of this title, provided that such termination is in the best interest of such child; and provided, further, that this paragraph shall not apply to such termination when a child has been adopted or is conceived by artificial insemination, in vitro fertilization, or other similar method of assisted reproduction as set forth in subsection (a) of Code Section 19-7-21 or when an embryo is adopted as set forth in Article 2 of Chapter 8 of this title."

SECTION 11. Said title is further amended by revising Code Section 19-7-21, relating to when children conceived by artificial insemination legitimate, as follows:
"19-7-21. (a) All children born within wedlock or within the usual period of gestation thereafter who have been conceived by means of artificial insemination, in vitro fertilization, or other similar method of assisted reproduction are irrebuttably presumed legitimate if both spouses have consented in writing to the use and administration of artificial insemination, in vitro fertilization, or other similar method of assisted reproduction. (b) Subsection (a) of this Code section shall be subject to Article 2 of Chapter 8 of this title, and, in the event of a conflict, the provisions of such article shall prevail."

SECTION 12. Said title is further amended by revising subsection (d) of Code Section 19-7-22, relating to petition for legitimation of child, requirement that mother be named as a party, court order,

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effect, claims for custody or visitation, and third-party action for legitimation in response to petition to establish paternity, as follows:
"(d)(1) Upon the presentation and filing of a legitimation petition, and after a hearing for which notice was provided to all interested parties, the court may issue an order declaring the biological father's relationship with the child to be legitimate, provided that such order is in the best interests of the child. If such order is issued, the biological father and child shall be capable of inheriting from each other in the same manner as if the child was born in lawful wedlock, pursuant to division (2)(A)(i) of Code Section 53-2-3 and paragraph (1) of subsection (b) of Code Section 53-2-4. Such order shall specify the name by which the child shall be known.
(2)(A) If the court determines by clear and convincing evidence that the father caused his child to be conceived as a result of having nonconsensual sexual intercourse with the mother of his child or an offense that consists of the same or similar elements under federal law or the laws of another state or territory of the United States, or when the mother is less than ten years of age, it shall create a presumption against legitimation.
(B)(i) Notwithstanding division (2)(A)(i) of Code Section 53-2-3, if the court denies a legitimation petition under this paragraph, the child shall be capable of inheriting from or through his or her father under divisions (2)(A)(ii) through (vi) of Code Section 53-2-3 or subparagraph (B) of paragraph (2) of Code Section 53-2-3. (ii) Notwithstanding Code Section 53-2-4, if the court denies a legitimation petition under this paragraph, the father shall not be capable of inheriting from or through his child. (C) If there is a pending criminal proceeding in connection with an allegation made pursuant to subparagraph (A) of this paragraph, the court shall stay discovery in the legitimation action until the completion of such criminal proceeding. (D) Except as provided in this paragraph, nothing in this article shall be applied or construed to abrogate or limit: (i) The jurisdiction of a probate court or a superior court under Code Section 53-2-20 to resolve judicially the identity or interest of any heir in accordance with Article 2 of Chapter 2 of Title 53; or (ii) The effect of the findings of such a court in such a proceeding pursuant to Code Section 53-2-26."

SECTION 13. Said title is further amended by adding a new subsection to Code Section 19-7-40, relating to jurisdiction and administrative determination of paternity, to read as follows:
"(c) Nothing in this article shall be applied or construed to abrogate or limit: (1) The jurisdiction of a probate court or a superior court under Code Section 53-2-20 to resolve judicially the identity or interest of any heir in accordance with Article 2 of Chapter 2 of Title 53; or

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(2) The effect of the findings of such a court in such a proceeding pursuant to Code Section 53-2-26."

SECTION 14. Said title is further amended by revising subsection (e) of Code Section 19-7-43, relating to petition, by whom brought, effect of agreement on right to bring petition, stay pending birth of child, court order for blood tests, and genetic tests, as follows:
"(e) In any case for the collection of child support involving the Department of Human Services in which the paternity of a child or children has not been established or in which the individual receiving services alleges that paternity rests in a person other than the previously established father, the Department of Human Services shall order genetic testing of the mother, the alleged father, and the child or children as specified in Code Section 19-7-45. No genetic testing shall be undertaken by the Department of Human Services if the child was adopted either by the applicant for services or other alleged parent or if the child was conceived by means of artificial insemination, in vitro fertilization, or other similar method of assisted reproduction. The need for genetic testing shall be supported by a sworn statement alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties. The parties shall be given notice and an opportunity to contest the order before the Department of Human Services prior to the testing or the imposition of any noncooperation sanction."

SECTION 15. Said title is further amended by revising paragraph (3) of subsection (b) and subparagraph (d)(1)(C) of Code Section 19-7-54, relating to motion to set aside determination of paternity, as follows:
"(3) The child was not conceived by artificial insemination, in vitro fertilization, or other similar method of assisted reproduction while the male ordered to pay child support and the child's mother were in wedlock;"
"(C) The child was conceived by means of artificial insemination, in vitro fertilization, or other similar method of assisted reproduction; or"

SECTION 16. Said title is further amended by adding a new Code section to Article 2 of Chapter 11, the "Uniform Reciprocal Enforcement of Support Act," to read as follows:
"19-11-82. Nothing in this article shall be applied or construed to abrogate or limit:
(1) The jurisdiction of a probate court or a superior court under Code Section 53-2-20 to resolve judicially the identity or interest of any heir in accordance with Article 2 of Chapter 2 of Title 53; or (2) The effect of the findings of such a court in such a proceeding pursuant to Code Section 53-2-26."

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SECTION 17. Said title is further amended by adding a new Code section to Article 3 of Chapter 11, the "Uniform Interstate Family Support Act," to read as follows:
"19-11-192. Nothing in this article shall be applied or construed to abrogate or limit:
(1) The jurisdiction of a probate court or a superior court under Code Section 53-2-20 to resolve judicially the identity or interest of any heir in accordance with Article 2 of Chapter 2 of Title 53; or (2) The effect of the findings of such a court in such a proceeding pursuant to Code Section 53-2-26."

SECTION 18. Code Section 24-12-21 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, is amended by revising subsections (y) and (bb) as follows:
"(y) The protection against disclosure provided by Code Section 24-12-20 shall be waived, and AIDS confidential information may be disclosed, to the extent that the person identified by such information; such person's heirs, successors, or assigns; a beneficiary of such person's estate; or the personal representative of such person's estate:
(1) Files a claim or claims other entitlements under any insurance policy or benefit plan or is involved in any civil proceeding regarding such claim; (2) Places such person's care and treatment, the nature and extent of his or her injuries, the extent of his or her damages, his or her medical condition, or the reasons for his or her death at issue in any judicial proceeding; or (3) Is involved in a dispute regarding coverage under any insurance policy or benefit plan." "(bb) AIDS confidential information may be disclosed as a part of any proceeding or procedure authorized or required pursuant to Chapter 3, 4, or 7 of Title 37 regarding a person who is alleged to be or who is mentally ill, developmentally disabled, or alcoholic or drug dependent; as a part of any proceeding or procedure authorized or required pursuant to Title 29 regarding the guardianship of a person or the conservatorship of a person's estate; or as a part of any proceeding or procedure authorized or required pursuant to Title 53 regarding the estate of a deceased person, as follows: (1) Any person who files or transmits a petition or other document that discloses AIDS confidential information in connection with any such proceeding or procedure shall provide a cover page that contains only the type of proceeding or procedure, the court in which the proceeding or procedure is or will be pending, and the words 'CONFIDENTIAL INFORMATION' without in any way otherwise disclosing thereon the name of any individual or that such petition or other document specifically contains AIDS confidential information; (2) AIDS confidential information shall only be disclosed pursuant to this subsection after disclosure to and with the written consent of the person identified by that

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information; that person's parent or guardian if that person is a minor; that person's guardian, if that person previously has been adjudicated as being in need of a guardian; the personal representative of that person's estate, if that person is deceased; or by order of court obtained in accordance with subparagraph (C) of paragraph (3) of this subsection; (3) If any person files or transmits a petition or other document in connection with any such proceeding or procedure that discloses AIDS confidential information without obtaining consent as provided in paragraph (2) of this subsection, the court receiving such information shall either obtain written consent as set forth in that paragraph (2) for any further use or disclosure of such information or:
(A) Return such petition or other document to the person who filed or transmitted same, with directions against further filing or transmitting of such information in connection with such proceeding or procedure except in compliance with this subsection; (B) Delete or expunge all references to such AIDS confidential information from the particular petition or other document; or
(C)(i) If the court determines there is a compelling need for such information in connection with the particular proceeding or procedure, petition a superior court of competent jurisdiction for permission to obtain or disclose that information. If the person identified by the information is not yet represented by an attorney in the proceeding or procedure in connection with which the information is sought, the petitioning court shall appoint an attorney for such person. The petitioning court shall have both that person and that person's attorney personally served with notice of the petition and of the date, time, and place of the superior court hearing thereon. Such hearing shall not be held sooner than 72 hours after service, unless the information is to be used in connection with an emergency guardianship proceeding under Code Section 29-4-14, in which event the hearing shall not be held sooner than 48 hours after service. (ii) The superior court in which a petition is filed pursuant to division (i) of this subparagraph shall hold an in camera hearing on such petition. The purpose of the hearing shall be to determine whether there is clear and convincing evidence of a compelling need for the AIDS confidential information sought in connection with the particular proceeding or procedure that cannot be accommodated by other means. In assessing compelling need, the superior court shall weigh the public health, safety, or welfare needs or any other public or private need for the disclosure against the privacy interest of the person identified by the information and the public interest that may be disserved by disclosures that may deter voluntary HIV tests. If the court determines that disclosure of such information is authorized under this subparagraph, the court shall order such disclosure and shall impose appropriate safeguards against any unauthorized disclosure. The records of that hearing otherwise shall be under seal; and

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(4) The court having jurisdiction over such proceeding or procedure, when it becomes apparent that AIDS confidential information will likely be or has been disclosed in connection with such proceeding or procedure, shall take such measures as the court determines appropriate to preserve the confidentiality of the disclosed information to the maximum extent possible. Such measures shall include, but shall not be limited to, closing the proceeding or procedure to the public and sealing all or any part of the records of the proceeding or procedure containing AIDS confidential information. The records of any appeals taken from any such proceeding or procedure shall also be sealed. Furthermore, the court may consult with and obtain the advice of medical experts or other counsel or advisers as to the relevance and materiality of such information in such proceedings or procedures, provided that the identity of the person identified by such information is not thereby revealed."

SECTION 19. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by revising Code Section 29-6-1, relating to judges of probate courts as custodians of certain funds and authority to collect debts, as follows:
"29-6-1. The judges of the probate courts are, in their discretion, made the legal custodians and distributors of all moneys up to $25,000.00 due and owing to any minor or adult who is in need of a conservator but who has no legal and qualified conservator; and the judges are authorized to receive and collect all such moneys arising from insurance policies, benefit societies, legacies, inheritances, or any other source. Without any appointment or qualifying order, the judge is authorized to take charge of the moneys or funds of the minor or adult by virtue of the judge's office as judge of the probate court in the county of residence of the minor or adult; provided, however, that notice shall be given to the living parents of a minor, if any, or the guardian of an adult, if any. The certificate of the judge that no legally qualified conservator has been appointed shall be conclusive and shall be sufficient authority to justify any debtor in making payment on claims made by the judge."

SECTION 20. Said title is further amended by revising subsection (b) of Code Section 29-9-15, relating to compensation for legal counsel or guardian ad litem, as follows:
"(b) In connection with any proceeding brought pursuant to the provisions of Chapter 2, 3, 4, 5, 7, or 11 of this title, unless voluntarily waived, the court may award reasonable fees and expenses, commensurate with the tasks performed and time devoted to the proceeding, including any appeals, to any legal counsel who is retained by or on behalf of a minor, a proposed ward, a ward, the petitioner or petitioners, or any other party to any proceeding brought pursuant to the provisions of said chapters as directed by the court in the exercise of its sound discretion and as the court may deem to be in the best interest of the minor, proposed ward, or ward who is the subject of the particular proceeding."

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SECTION 21. Code Section 31-10-9 of the Official Code of Georgia Annotated, relating to registration of births, is amended by revising subsections (d) and (f) as follows:
"(d) When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the birth shall be registered in this state and the place where the child is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international waters or airspace or in a foreign country or its airspace and the child is first removed from the conveyance in this state, the birth shall be registered in this state but the certificate shall show the actual place of birth insofar as such place can be determined." "(f) The birth certificate of a child born to a married woman as a result of artificial insemination, in vitro fertilization, or other similar method of assisted reproduction, with consent of her husband, shall be completed in accordance with the provisions of subsection (e) of this Code section."

SECTION 22. Code Section 43-34-37 of the Official Code of Georgia Annotated, relating to persons authorized to perform artificial insemination and civil liability of physician or surgeon, is amended by revising said Code section as follows:
"43-34-37. (a) Physicians and surgeons licensed to practice medicine in accordance with and under this article shall be the only persons authorized to administer or perform artificial insemination, in vitro fertilization, or other similar method of assisted reproduction upon any female human being. Any other person or persons who shall attempt to administer or perform or who shall actually administer or perform artificial insemination, in vitro fertilization, or other similar method of assisted reproduction upon any female human being shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the penitentiary for not less than one year nor more than five years. (b) Any physician or surgeon who obtains written authorization signed by both the husband and the wife authorizing him or her to perform or administer artificial insemination, in vitro fertilization, or other similar method of assisted reproduction shall be relieved of civil liability to the husband and wife or to any child conceived by artificial insemination, in vitro fertilization, or other similar method of assisted reproduction for the result or results of said artificial insemination, in vitro fertilization, or other similar method of assisted reproduction, provided that the written authorization obtained shall not relieve any physician or surgeon from any civil liability arising from his or her own negligent administration or performance of artificial insemination, in vitro fertilization, or other similar method of assisted reproduction."

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SECTION 23. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by revising Code Section 44-5-37, relating to applicability of Code Sections 53-2-112 through 53-2-114 to elections under or against deed, as follows:
"44-5-37. The principles of Code Sections 53-4-70 and 53-4-71 relating to elections shall also apply to deeds."

SECTION 24. Said title is further amended by revising Code Section 44-6-203, relating to reform of disposition by court to approximate transferor's plan of distribution, as follows:
"44-6-203. Upon the petition of a trustee, trust director, or other person whose interests would be affected, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the number of years allowed by paragraph (2) of subsection (a), (b), or (c) of Code Section 44-6-201 if:
(1) A nonvested property interest or a power of appointment becomes invalid under Code Section 44-6-201; (2) A class gift is not but might still become invalid under Code Section 44-6-201 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or (3) A nonvested property interest that is not validated by paragraph (1) of subsection (a) of Code Section 44-6-201 can vest, but not within 360 years after its creation."

SECTION 25. Said title is further amended by revising paragraphs (1), (2), and (4) of Code Section 44-6-204, relating to exceptions to applicability of article, as follows:
"(1) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of:
(A) A premarital or postmarital agreement; (B) A separation or divorce settlement; (C) A spouse's election; (D) A similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties; (E) A contract to make or not to revoke a will or trust, including, but not necessarily limited to, a contract made pursuant to Code Section 53-4-30; (F) A contract to exercise or not to exercise a power of appointment; (G) A transfer in satisfaction of a duty of support; or (H) A reciprocal transfer; (2) A fiduciary's power relating to the administration or management of assets, including:

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(A) The power of a fiduciary to sell, lease, or mortgage property; (B) The power of a fiduciary to determine principal and income; and (C) A power of direction, as such term is defined in Code Section 53-12-500;" "(4) A discretionary power of a trustee to distribute or of a trust director to direct the distribution of principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal; provided, however, that nothing contained in paragraphs (2) and (3) of this Code section and this paragraph shall be construed to permit the fiduciary to continue the administration or management of assets once the nonvested property interest becomes invalid as described in subsection (a) of Code Section 44-6-201;"

SECTION 26. Said title is further amended by revising subsection (b) of Code Section 44-6-205, relating to applicability of article and court reform of nonvested dispositions created before article became effective, as follows:
"(b) With respect to a nonvested property interest or a power of appointment that was created before July 1, 2018, and that violates this state's rule against perpetuities as that rule existed before July 1, 2018, a court, upon the petition of a trustee, trust director, or other person whose interests would be affected, may:
(1) Subject to Code Section 23-1-4, exercise its equitable power; (2) Approve a nonjudicial settlement agreement or make any related determination under subsection (c) of Code Section 53-12-9; (3) Approve a petition to modify or terminate an irrevocable trust under Code Section 53-12-61; or (4) Declare that the exercise of the power to invade the principal of the original trust under subsection (b) of Code Section 53-12-62 is appropriate and effective so that the nonvested property interest is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created to reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created."

SECTION 27. Said title is further amended by adding a new Code section to Article 9 of Chapter 6, the "Uniform Statutory Rule Against Perpetuities," to read as follows:
"44-6-207. As used in this article, the term:
(1) 'Court' means a court of competent jurisdiction as determined in accordance with Code Section 53-12-6. (2) 'Power of appointment' shall have the same meaning as set forth in Code Section 53-12-500.

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(3) 'Power of direction' shall have the same meaning as set forth in Code Section 53-12-500. (4) 'Trust' means an express trust, as such term is defined in Code Section 53-12-2."

SECTION 28. Said title is further amended by revising subsections (b) and (e) of Code Section 44-15-3, relating to considerations and standard of conduct for institutions receiving gifts, as follows:
"(b) In addition to complying with the duty of loyalty imposed by law other than this chapter, each person responsible for managing and investing an institutional fund shall manage and invest such fund in good faith and with the care, skill, and caution an ordinarily prudent person in a like position would exercise under similar circumstances, considering the purposes, terms, distribution requirements, and other circumstances of the institutional fund." "(e) Except as otherwise provided by a gift instrument, the following rules shall apply:
(1) In managing and investing an institutional fund, the following factors, if relevant, shall be considered:
(A) General economic conditions; (B) The possible effect of inflation or deflation; (C) The expected tax consequences, if any, of investment decisions or strategies; (D) The role that each investment or course of action plays within the overall investment portfolio of such fund; (E) The expected total return from income and the appreciation of investments; (F) Other resources of the institution; (G) The needs of the institution and such fund to make distributions and to preserve capital; (H) An asset's special relationship or special value, if any, to the charitable purposes of the institution or to the donor; and (I) Any special circumstances; (2) Management and investment decisions about an individual asset shall not be made in isolation but rather in the context of the institutional fund's portfolio of investments as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the institutional fund and to the institution; (3) An institution may invest in any kind of property or type of investment consistent with the provisions of this Code section; (4) An institution shall reasonably manage the risk of concentrated holdings of assets by diversifying the investments of the institutional fund or by using some other appropriate mechanism, except as provided in this paragraph, as follows: (A) The duty imposed by this paragraph shall not apply if the institution reasonably determines that, because of special circumstances, or because of the specific purposes, terms, distribution requirements, and other circumstances of the institutional fund, the purposes of such fund are better served without complying with the duty. For purposes

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of this paragraph, special circumstances shall include an asset's special relationship or special value, if any, to the charitable purposes of the institution or to the donor; (B) No person responsible for managing and investing an institutional fund shall be liable for failing to comply with the duty imposed by this paragraph to the extent that the terms of the gift instrument or express written agreement between the donor and the institution limits or waives the duty; and (C) The governing board of an institution may retain property contributed by a donor to an institutional fund for as long as the governing board deems advisable; (5) Within a reasonable time after receiving property, an institution shall make and carry out decisions concerning the retention or disposition of the property or to the rebalancing of a portfolio, in order to bring the institutional fund into compliance with the purposes, terms, and distribution requirements of the institution or the institutional fund as necessary to meet other circumstances of the institution or the institutional fund and the requirements of this chapter; (6) A person that has special skills or expertise, or is selected in reliance upon the person's representation that such person has special skills or expertise, has a duty to use those skills or expertise in managing and investing institutional funds; and (7) In investing and managing institutional funds, an institution may consider the personal values of the donor, including, but not limited to, a desire to engage in investing strategies that align with social, political, religious, philosophical, environmental, governance, or other values or beliefs of the donor; provided, however, that nothing in this paragraph shall allow an institutional fund to be used for a purpose other than a charitable purpose of the institution."

SECTION 29. Said title is further amended by revising subsection (a) of Code Section 44-15-4, relating to management of institutional funds for endowment, as follows:
"(a) Subject to the intent of a donor expressed in the gift instrument or to any express written agreement between a donor and an institution, an institution may appropriate for expenditure or accumulate assets of an endowment fund as the institution determines shall be prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund shall be donor restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate assets, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances; shall exercise reasonable care, skill, and caution; and shall consider, if relevant, the following factors:
(1) The duration and preservation of the endowment fund; (2) The purposes of the institution and the endowment fund; (3) General economic conditions; (4) The possible effect of inflation or deflation;

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(5) The expected total return from income and the appreciation of investments; (6) Other resources of the institution; (7) The investment policy of the institution; and (8) Any special circumstances."

SECTION 30. Said title is further amended by adding new subsections to Code Section 44-15-6, relating to modification of restrictions, to read as follows:
"(e) For purposes of subsection (a) of this Code section, a donor's designee includes, but is not limited to, an agent under a power of attorney to the extent authorized by the power of attorney and the duly constituted conservator of a donor who is a protected person, as such term is defined in Code Section 29-11-2, to the extent such conservator is so empowered pursuant to Code Section 29-5-23 or other applicable law. (f) For purposes of subsection (b) of this Code section, if the gift instrument establishes an express trust, as such term is defined in Code Section 53-12-2, a court shall include a probate court or superior court as provided in Code Section 15-9-127 or 53-12-6."

SECTION 31. Code Section 50-18-160 of the Official Code of Georgia Annotated, relating to protection of personal information of individuals or nonprofit organizations, is amended in paragraph (12) of subsection (d) by striking "and" at the end of subparagraph (C), replacing the period at the end of subparagraph (D) with "; and", and adding a new subparagraph to read as follows:
"(E) By the Department of Early Care and Learning for purposes authorized in Chapter 1A of Title 20."

SECTION 32. Code Section 51-4-2 of the Official Code of Georgia Annotated, relating to wrongful death of spouse or parent, is amended by revising subsection (f) as follows:
"(f) In actions for recovery under this Code section, the fact that a child has been born out of wedlock shall be no bar to recovery, provided that such child born out of wedlock had rights of inheritance from or through the child's deceased parent under Code Section 53-2-3."

SECTION 33. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, is amended by revising Code Section 53-1-9, relating to survival of common law and equity, as follows:

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"53-1-9. Except to the extent that the principles of common law and equity governing wills, trusts, and the administration of estates are modified by this title or another provision of law, those principles remain the law of this state. Without limitation:
(1) No provision of this title shall be construed to imply that any other Code section or the common law did not, prior to the enactment of such provision, impose, permit, or otherwise address a duty, power, relationship, or any other matter governed by such provision; and (2) The failure of the General Assembly to codify an established principle of common law or equity governing wills, trusts, and the administration of estates shall not be construed as evidence that the General Assembly intended to reject that principle unless this title or another provision of law is inconsistent with that principle or there is other evidence the General Assembly intended that such principle should no longer apply."

SECTION 34. Said title is further amended by revising Code Section 53-2-2, which is reserved, as follows:
"53-2-2. (a) Code Sections 53-2-3 and 53-2-4 shall be subject to the provisions of subparagraph (d)(2)(B) of Code Section 19-7-22. (b) Nothing in this chapter shall be applied or construed to expand or extend the jurisdiction of the probate courts for purposes of Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act,' or Article 3 of Chapter 11 of Title 19, the 'Uniform Interstate Family Support Act.'"

SECTION 35. Said title is further amended by revising Code Section 53-2-3, relating to inheritance by children born out of wedlock, as follows:
"53-2-3. The rights of inheritance of a child born out of wedlock shall be as follows:
(1) A child born out of wedlock may inherit in the same manner as though legitimate from or through the child's mother, the other children of the mother, and any other maternal kin;
(2)(A) A child born out of wedlock may not inherit from or through the child's father, the other children of the father, or any paternal kin by reason of the paternal kinship, unless:
(i) A court of competent jurisdiction has entered an order declaring the child to be legitimate, under the authority of Code Section 19-7-22 or such other authority as may be provided by law; (ii) A court of competent jurisdiction has otherwise entered a court order establishing paternity that has not been set aside as provided in Code Section 19-7-54; provided, however, that:

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(I) A temporary order of support entered under subsection (a) of Code Section 19-7-46.2 or an order of support entered under subsection (a) of Code Section 19-7-49 shall not be conclusive under this division unless such order also satisfies division (i) of this subparagraph or unless the court before which proceedings on the estate are pending determines, in its discretion, that such order also satisfies division (vi) of this subparagraph; (II) A support order, as such term is defined in Code Section 19-11-42, shall not be conclusive under this division unless such order also satisfies division (i) of this subparagraph or unless the court before which proceedings on the estate are pending determines, in its discretion, that such order also satisfies division (vi) of this subparagraph; (III) A temporary order of support entered under subsection (e) of Code Section 19-11-48 or a temporary order under Code Section 19-11-74 shall not be conclusive under this division unless such order also satisfies division (i) of this subparagraph or unless the court before which proceedings on the estate are pending determines, in its discretion, that such order also satisfies division (vi) of this subparagraph; (IV) A support order, as such term is defined in Code Section 19-11-101, shall not be conclusive under this division unless such order also satisfies division (i) of this subparagraph or unless the court before which proceedings on the estate are pending determines, in its discretion, that such order also satisfies division (vi) of this subparagraph; (V) A temporary child support order entered under paragraph (3) of subsection (b) of Code Section 19-11-140 shall be conclusive under this division. A temporary child support order entered under paragraph (5) of subsection (b) of Code Section 19-11-140 shall satisfy division (vi) of this subparagraph. Any other temporary child support order entered under subsection (b) of Code Section 19-11-140 shall not be conclusive under this division unless such order also satisfies division (i) of this subparagraph or unless the court before which proceedings on the estate are pending determines, in its discretion, that such order also satisfies division (vi) of this subparagraph; (VI) For purposes of this division, an administrative determination of paternity made pursuant to subsection (b) of Code Section 19-7-40 shall have the same force and effect as a judicial decree; (VII) For purposes of this division, a court order for child support, as such term is defined in Code Section 19-11-3, issued by an administrative or quasi-judicial entity of this state or another state shall have the same force and effect as a judicial decree; (VIII) For purposes of this division, a judgment determining parentage of a child issued by a tribunal or a foreign tribunal, as such terms are defined in Code Section 19-11-101, shall be given the same force and effect by the court before which proceedings on the estate are pending as such judgment would be given in the

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tribunals of Georgia, as designated by subsection (a) of Code Section 19-11-102; and (IX) Nothing in this division shall be applied or construed to make available to the probate courts the information contained in the state case registry pursuant to subsection (e) of Code Section 19-11-39; (iii) The father has executed a sworn statement signed by him attesting to the parent-child relationship, including, but not limited to: (I) A voluntary acknowledgment of legitimation that was valid under the former provisions of Code Section 19-7-21.1 and was executed on or before June 30, 2016; (II) A voluntary acknowledgment of paternity that satisfies the requirements of subsection (b) of Code Section 19-7-46.1 and is neither timely rescinded nor successfully challenged as provided by subsection (b) or (c) of Code Section 19-7-46.1; (III) An acknowledgment of paternity made under oath pursuant to Code Section 19-11-13; or (IV) A voluntary acknowledgment of paternity that is admissible to establish parentage of the child under subsection (j) of Code Section 19-11-135; (iv)(I) The father has signed the birth certificate of the child. (II) The name or social security account number of the father appears on the birth certificate of the child or on a certified copy of such birth certificate with the written consent of the father in the manner provided by subsection (a) of Code Section 19-7-46.1 or paragraph (2) of subsection (e) of Code Section 31-10-9. (III) The father has acknowledged paternity and the social security account information of the father is entered on the birth certificate of the child in the manner provided by subsection (a) of Code Section 31-10-9.1; (v) The father has otherwise acknowledged paternity under oath in any manner satisfying the definition set forth in paragraph (14) of Code Section 19-11-3 or the requirements of subsection (a) of Code Section 19-11-14; or (vi) There is other clear and convincing evidence that the child is the child of the father. (B)(i) Subparagraph (A) of this paragraph notwithstanding, a child born out of wedlock may inherit from or through the father, other children of the father, or any paternal kin by reason of the paternal kinship if evidence of the rebuttable presumption of paternity described in this subparagraph is filed with the court before which proceedings on the estate are pending and the presumption is not overcome to the satisfaction of the trier of fact by clear and convincing evidence. (ii) There shall exist a rebuttable presumption of paternity of a child born out of wedlock if: (I) The child was born to a mother who was a recipient intended parent as the result of an embryo relinquishment pursuant to Article 2 of Chapter 8 of Title 19, the child's mother was not married to the presumptive father at the time of the birth of

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the child, the child's mother and presumptive father each, as a recipient intended parent, executed a written contract satisfying the requirements of subsection (a) of Code Section 19-8-41, the child is presumed to be the legal child of the presumptive father under subsection (d) of Code Section 19-8-41, and no expedited order of adoption or parentage complying with the requirements of Code Section 19-8-43 has been entered by a court of competent jurisdiction as a final order vesting parental rights and responsibilities in the child's presumptive father as a recipient intended parent; or (II) Scientifically credible parentage-determination genetic testing establishes at least a 97 percent probability of paternity. Scientifically credible parentage-determination genetic testing shall include, but not necessarily be limited to, red cell antigen, human leucocyte antigen (HLA), red cell enzyme, and serum protein electrophoresis tests or testing by deoxyribonucleic acid (DNA) probes. Parentage-determination genetic testing shall be of a type reasonably relied upon by experts in the field of genetic testing; shall be conducted by a laboratory accredited by the AABB, formerly known as the American Association of Blood Banks, or a successor to its functions, or by an accrediting body designated by the secretary of the United States Department of Health and Human Services; and shall be performed by a duly qualified licensed practicing physician, duly qualified immunologist, or other duly qualified person; provided, however, that in all cases the court before which proceedings on the estate are pending shall determine the number and qualifications of the experts. (C) If any one of the requirements of divisions (i) through (vi) of subparagraph (A) of this paragraph is fulfilled, or if the presumption of paternity set forth in subparagraph (B) of this paragraph shall have been established and shall not have been rebutted by the presentation of clear and convincing evidence as determined by the trier of fact, a child born out of wedlock may inherit in the same manner as though legitimate from and through the child's father, the other children of his or her father, and any other paternal kin. (D) In determining whether clear and convincing evidence has been presented under this paragraph, the trier of fact may consider and determine the relevance, materiality, and weight of any admissible evidence; provided, however, that: (i) The requirement of reasonable certainty only, as provided by subsection (a) of Code Section 24-14-40, shall not apply to such determination; and (ii) The party bearing the burden of proof that the child is the child of the father by the presentation of clear and convincing evidence under division (vi) of subparagraph (A) of this paragraph shall not be relieved from the onus of proving identity, as provided by subsection (b) of Code Section 24-14-40. (E) Except as provided by division (d)(2)(B)(i) of Code Section 19-7-22, nothing in this paragraph shall be applied or construed to abrogate or limit:

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(i) The jurisdiction of a probate court or a superior court under Code Section 53-2-20 to resolve judicially the identity or interest of any heir in accordance with Article 2 of this chapter; or (ii) The effect of the findings of such a court in such a proceeding pursuant to Code Section 53-2-26; (3) In distributions under this Code section, the children of a deceased child born out of wedlock shall represent that deceased child in the manner provided by Code Section 53-2-1; and (4) The limitation imposed by subsection (b) of Code Section 19-11-14 upon the full faith and credit to be given by the courts of this state to a determination of paternity made by another state shall not affect the rights of inheritance of a child under a voluntary acknowledgment or an administrative or judicial determination otherwise satisfying the requirements of this Code section."

SECTION 36. Said title is further amended by revising Code Section 53-2-4, relating to inheritance from children born out of wedlock, as follows:
"53-2-4. (a) The mother of a child born out of wedlock, the other children of the mother, and other maternal kin may inherit from and through the child born out of wedlock in the same manner as though the child were legitimate. (b) The father of a child born out of wedlock, the other children of the father, and other paternal kin may inherit from and through the child born out of wedlock in the same manner as if the child were legitimate if:
(1) A court of competent jurisdiction has entered an order declaring the child to be legitimate under the authority of Code Section 19-7-22 or such other authority as may be provided by law; (2) A court of competent jurisdiction has otherwise entered a court order establishing paternity that has not been set aside as provided in Code Section 19-7-54; provided, however, that:
(A) A temporary order of support entered under subsection (a) of Code Section 19-7-46.2 or an order of support entered under subsection (a) of Code Section 19-7-49 shall not be conclusive under this paragraph unless such order also satisfies paragraph (1) of this subsection; (B) A support order, as such term is defined in Code Section 19-11-42, shall not be conclusive under this paragraph unless such order also satisfies paragraph (1) of this subsection; (C) A temporary order of support entered under subsection (e) of Code Section 19-11-48 or a temporary order under Code Section 19-11-74 shall not be conclusive under this paragraph unless such order also satisfies paragraph (1) of this subsection;

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(D) A support order, as such term is defined in Code Section 19-11-101, shall not be conclusive under this paragraph unless such order also satisfies paragraph (1) of this subsection; (E) A temporary child support order entered under paragraph (3) of subsection (b) of Code Section 19-11-140 shall be conclusive under this paragraph. Any other temporary child support order entered under subsection (b) of Code Section 19-11-140 shall not be conclusive under this paragraph unless such order also satisfies paragraph (1) of this subsection; (F) For purposes of this paragraph, an administrative determination of paternity made pursuant to subsection (b) of Code Section 19-7-40 shall have the same force and effect as a judicial decree; (G) For purposes of this paragraph, a court order for child support, as such term is defined in Code Section 19-11-3, issued by an administrative or quasi-judicial entity of this state or another state shall have the same force and effect as a judicial decree; (H) For purposes of this paragraph, a judgment determining parentage of a child issued by a tribunal or a foreign tribunal, as such terms are defined in Code Section 19-11-101, shall be given the same force and effect as such judgment would be given in the tribunals of Georgia, as designated by subsection (a) of Code Section 19-11-102; and (I) Nothing in this paragraph shall be applied or construed to make available to the probate courts the information contained in the state case registry pursuant to subsection (e) of Code Section 19-11-39; (3)(A) The father has, during the lifetime of the child, executed a sworn statement signed by the father attesting to the parent-child relationship, including, but not limited to:
(i) A voluntary acknowledgment of legitimation that was valid under the former provisions of Code Section 19-7-21.1 and was executed on or before June 30, 2016; (ii) A voluntary acknowledgment of paternity that satisfies the requirements of subsection (b) of Code Section 19-7-46.1 and is neither timely rescinded nor successfully challenged as provided by subsection (b) or (c) of Code Section 19-7-46.1; (iii) An acknowledgment of paternity made under oath pursuant to Code Section 19-11-13; or (iv) A voluntary acknowledgment of paternity that is admissible to establish parentage of the child under subsection (j) of Code Section 19-11-135. (B) However, when the court determines by clear and convincing evidence that the father caused his child to be conceived as a result of having nonconsensual sexual intercourse with the mother of his child or when the mother is less than ten years of age, such sworn statement shall be insufficient for purposes of this subsection; (4) During the lifetime of the child: (A) The father has signed the birth certificate of the child;

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(B) The name or social security account number of the father appears on the birth certificate of the child or on a certified copy of such birth certificate with the written consent of the father in the manner provided by subsection (a) of Code Section 19-7-46.1 or paragraph (2) of subsection (e) of Code Section 31-10-9; or (C) The father has acknowledged paternity and the social security account information of the father has been entered on the birth certificate of the child in the manner provided by subsection (a) of Code Section 31-10-9.1; (5) During the lifetime of the child, the father has otherwise acknowledged paternity under oath in any manner satisfying the definition set forth in paragraph (14) of Code Section 19-11-3 or the requirements of subsection (a) of Code Section 19-11-14; provided, however, that, when the court determines by clear and convincing evidence that the father caused his child to be conceived as a result of having nonconsensual sexual intercourse with the mother of his child or when the mother is less than ten years of age, such acknowledgment under oath shall be insufficient for purposes of this subsection; or (6) The presumption of paternity described in division (2)(B)(ii) of Code Section 53-2-3 has been established and has not been rebutted by the presentation of clear and convincing evidence as determined by the trier of fact. (c) In determining whether clear and convincing evidence has been presented under paragraph (6) of subsection (b) of this Code section, the trier of fact may consider and determine the relevance, materiality, and weight of any admissible evidence; provided, however, that the requirement of reasonable certainty only, as provided by subsection (a) of Code Section 24-14-40, shall not apply to such determination. (d) Except as provided by division (d)(2)(B)(ii) of Code Section 19-7-22, nothing in subsection (b) of this Code section shall be applied or construed to abrogate or limit: (1) The jurisdiction of a probate court or a superior court under Code Section 53-2-20 to resolve judicially the identity or interest of any heir in accordance with Article 2 of this chapter; or (2) The effect of the findings of such a court in such a proceeding pursuant to Code Section 53-2-26. (e) The limitation imposed by subsection (b) of Code Section 19-11-14 upon the full faith and credit to be given by the courts of this state to a determination of paternity made by another state shall not affect the rights of inheritance of the father of a child born out of wedlock, the other children of the father, and other paternal kin under a voluntary acknowledgment or an administrative or judicial determination otherwise satisfying the requirements of subsection (b) of this Code section."

SECTION 37. Said title is further amended by revising Code Section 53-2-5, relating to inheritance from children conceived by artificial insemination, as follows:

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"53-2-5. (a) An individual conceived by artificial insemination, in vitro fertilization, or other similar method of assisted reproduction and presumed legitimate in accordance with Code Section 19-7-21 shall be considered a child of the parents and entitled to inherit under the laws of intestacy from the parents and from relatives of the parents, and the parents and relatives of the parents shall likewise be entitled to inherit as heirs from and through such individual. (b) Subsection (a) of this Code section shall be subject to Article 2 of Chapter 8 of Title 19, and, in the event of a conflict, the provisions of such article shall prevail."

SECTION 38. Said title is further amended by adding a new Code section to Article 1 of Chapter 2, relating to descent and distribution, to read as follows:
"53-2-9. As used in this article, the term 'child born out of wedlock' shall have the same meaning as set forth in Code Section 19-7-23."

SECTION 39. Said title is further amended by revising Code Section 53-2-20, relating to jurisdiction of probate or superior court, as follows:
"53-2-20. (a) The identity or interest of any heir may be resolved judicially upon application to the probate court that has jurisdiction by virtue of a pending administration or that would have jurisdiction in the event of an administration of the estate of the decedent. Alternatively, the petition may be filed in the superior court of the county where the probate court having jurisdiction, as defined in this Code section, is located; provided, however, that, if the petition is filed in connection with a contested proceeding to determine a purported heir's entitlement to a year's support from the decedent's estate pursuant to Chapter 3 of this title, such petition must be filed in the probate court having jurisdiction. (b) The proceedings for the determination of such questions shall conform to the requirements set forth in this article. (c) Regardless of its terms, an agreement, other than an agreement approved in accordance with Article 3 of Chapter 7 of Title 19 by a court having jurisdiction under Code Section 19-7-40, between an alleged or presumed father of an individual claiming to be an heir and such individual claiming to be an heir or the mother of such individual claiming to be an heir shall not bar a petition under this article."

SECTION 40. Said title is further amended by revising Code Section 53-2-21, relating to filing of petition, as follows:

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"53-2-21. (a) Any personal representative, guardian, conservator, trustee, trust director, other fiduciary, or other person having a status that either by operation of law or pursuant to written instrument devolves upon such person a duty of distributing property to heirs may file a petition for determination of heirship as provided in Code Section 53-2-20. The petition shall allege:
(1) The names, addresses, ages, and relationship, so far as known to the petitioner, of all parties in interest, other than creditors, and the nature and character of such interests; and (2) Whether the petitioner has reason to apprehend that there may be others entitled to participate in the distribution whose names are unknown to the petitioner. (b) With respect to the estate of a decedent who the petitioner knows or has reason to apprehend is an obligor within the meaning of subparagraph (B) of paragraph (17) of Code Section 19-11-101, an individual who is an obligee within the meaning of subparagraph (C) of paragraph (16) of Code Section 19-11-101 is a party in interest for purposes of subsection (a) of this Code section."

SECTION 41. Said title is further amended by revising Code Section 53-2-22, relating to petition by person claiming to be heir or distributee, as follows:
"53-2-22. (a) Any individual claiming to be an heir or any person in any way interested as a distributee in any property under the laws of intestacy may apply to either the probate court or the superior court specified in Code Section 53-2-20 to have the claim of heirship and quantity of interest established. The petition in such a case shall contain the same averments as to all parties in interest required of persons filing under Code Section 53-2-21 with the person charged with the duty of distribution being named as a party. (b) With respect to the estate of a decedent who is an obligor within the meaning of subparagraph (B) of paragraph (17) of Code Section 19-11-101, an individual who is an obligee within the meaning of subparagraph (C) of paragraph (16) of Code Section 19-11-101 is a party in interest who may file a petition for determination of heirship under subsection (a) of this Code section."

SECTION 42. Said title is further amended by revising Code Section 53-2-23, relating to superior court procedure, as follows:
"53-2-23. (a) Upon the filing in a superior court of a petition described in Code Section 53-2-21 or 53-2-22, service on the parties in interest shall be effected in the same manner as prescribed in cases in which equitable relief is sought; provided, however, that the superior court additionally may order service in the manner provided by Code Section 19-7-41. The

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case shall thereafter proceed to judgment in the manner provided for such cases by the rules of practice in the superior courts. (b) With respect to a direct request seeking determination of parentage of a child pursuant to Part 7 of Article 3 of Chapter 11 of Title 19 that is filed by a petitioner in the superior court as a designated tribunal under subsection (a) of Code Section 19-11-102, this article shall apply in the proceeding, as provided by subsection (a) of Code Section 19-11-184, to the extent the petitioner seeks such determination of parentage for the purpose of establishing the identity or interest of such child as an heir of the decedent; provided, however, that nothing in this subsection shall be applied or construed to expand or extend the jurisdiction of the probate courts for purposes of Article 3 of Chapter 11 of Title 19, the 'Uniform Interstate Family Support Act,' or to expand or extend the jurisdiction of the Office of State Administrative Hearings and the Department of Human Services for purposes of this article."

SECTION 43. Said title is further amended by revising Code Section 53-2-24, relating to probate court procedure, as follows:
"53-2-24. Upon the filing in a probate court of a petition described in Code Section 53-2-21 or 53-2-22, a citation shall be issued and parties in interest shall be served as provided in Chapter 11 of this title; provided, however, that the probate court additionally may order service in the manner provided by Code Section 19-7-41."

SECTION 44. Said title is further amended by revising Code Section 53-2-25, relating to intervention by person claiming to be heir or distributee, as follows:
"53-2-25. Any individual claiming to be an heir or any person in any way interested as a distributee and who is not named as such in any petition filed and pending under this article may file a motion to intervene in the proceeding pursuant to Code Section 9-11-24."

SECTION 45. Said title is further amended by revising Code Section 53-2-26, relating to effect of findings of court, as follows:
"53-2-26. (a) In the absence of fraud, the findings of the superior court or the probate court in a proceeding brought under this article shall be binding and conclusive as to every person and as to every issue decided. (b) With respect to the judgment of the superior court or the probate court in a proceeding brought under this article, nothing in subsection (a) of this Code section shall be applied or construed to abrogate or infringe:

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(1) Any right of appeal provided by Title 5; or (2) Any right to relief provided by Code Section 9-11-60."

SECTION 46. Said title is further amended by revising Code Section 53-2-27, relating to DNA testing for kinship, procedure, and costs, as follows:
"53-2-27. (a)(1) When the kinship of any party in interest to a decedent is in controversy in any proceeding under this article, a probate court or superior court may order the removal and testing of deoxyribonucleic acid (DNA) samples from the remains of the decedent and from any party in interest whose kinship to the decedent is in controversy for purposes of comparison and determination of the statistical likelihood of such kinship; provided, however, that no DNA testing shall be ordered with respect to any party in interest whose kinship to the decedent was created or terminated by a decree of adoption, pursuant to subsection (a) of Code Section 19-8-19, unless the right of inheritance of such party in interest was not affected by the adoption, pursuant to subsection (b) of Code Section 19-8-19, or if such party in interest was conceived by means of artificial insemination, in vitro fertilization, or other similar method of assisted reproduction; and provided, further, that, for purposes of this subsection, a decree of adoption shall include: (A) Any such decree entered pursuant to Article 1 of Chapter 8 of Title 19; (B) Any such decree recognized in this state pursuant to Code Section 19-8-22; or (C) A final order entered pursuant to Code Section 19-8-43. (2) The court may order the disinterment of the decedent's remains if reasonably necessary to obtain DNA samples for testing under this subsection.
(b) An order pursuant to subsection (a) of this Code section may be entered only on motion for good cause shown and upon notice to all parties in interest, and such order shall specify the time, place, manner, conditions, and scope of the removal and testing of samples, and the person or persons by whom such removal and testing of DNA samples are to be made. When such motion is made prior to the birth of a child whose kinship to the decedent is in controversy, such order shall direct that the DNA testing be conducted as soon as medically feasible after the birth of such child and may stay the proceedings until after the child's birth except service of notice; provided, however, that the requirements of paragraph (1) of subsection (b) of Code Section 53-2-1 shall remain applicable to such child. Such motion, when made by a party in interest, shall be supported by affidavit setting forth:
(1) The factual basis for a reasonable belief that the party in interest whose kinship to the decedent is in controversy is or is not so related; and (2) If disinterment of the decedent's remains is sought, the factual basis for a reasonable belief that reliable DNA samples from the decedent are not otherwise reasonably available from any other source. (c) Upon request of a party in interest to a proceeding under this article or as ordered by the court on its own motion in the exercise of its discretion, the movant shall, within ten

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days after such request is made or such order is entered, but in no event later than ten days prior to the date of a hearing at which such report may be introduced into evidence, deliver to all parties in interest a copy of a detailed written report of the tester and of any other expert or other qualified person involved in the determination of such statistical likelihood setting out his or her findings, including the results of all tests made and conclusions or opinions based thereon. Unless a party in interest objects in writing within seven days after receiving such report and prior to the date of such hearing, such report shall be admitted in evidence without the need for foundation testimony or other proof of authenticity or accuracy. When a timely objection is filed, such report shall be admitted in evidence when offered by a duly qualified licensed practicing physician, duly qualified immunologist, or other duly qualified person; provided, however, that in all cases the court shall determine the number and qualifications of the experts. Other relevant evidence shall be admitted as is deemed appropriate by the court. To provide any party in interest an adequate opportunity to be heard or as otherwise appears reasonably necessary to a just determination in a proceeding under this article, the court shall grant a continuance of any such hearing. Upon motion of any party in interest or on the court's own motion, any hearing or trial held in a proceeding under this article may be held in closed court without any person other than those necessary to the proceeding being admitted.
(d)(1) The costs of obtaining and testing of DNA samples, including the costs of disinterment and reinterment of the remains of the decedent, if necessary, as well as the costs of providing the report, shall be assessed against and paid by the moving party, and the court may award such costs as part of its final decree; provided, however, that the court may, in its discretion after all parties in interest have been given reasonable opportunity to be heard, cast all or part of such costs against one or more parties in interest upon entering a finding of fact that any such party has asserted in bad faith a position with respect to the kinship in controversy in a proceeding under this article or has failed unreasonably to cooperate with an order for DNA testing entered pursuant to this Code section. The costs of disinterment may include a reasonable fee for services provided by a cemetery company in connection therewith, subject to the limitation upon such charges imposed by subsection (d) of Code Section 10-14-17. (2) Except as otherwise provided by paragraph (1) of this subsection, the court may, in its discretion after all parties in interest have been given reasonable opportunity to be heard, order reasonable fees of counsel, experts, and guardians ad litem and other costs of the proceeding, including pretrial proceedings, to be paid by the parties in interest in proportions and at times determined by the court. (3) The trier of fact shall receive without foundation or the need for third-party testimony evidence of the costs and fees provided for by this subsection, and the evidence so presented shall constitute prima-facie evidence of the amounts of the costs so incurred. Copies of bills for the obtaining and testing of DNA samples, including the costs of disinterment and reinterment of the remains of the decedent, if necessary, furnished to all parties in interest at least ten days prior to the date of a hearing at which such copies of

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bills may be introduced into evidence, are admissible in evidence to prove that the charges billed were reasonable, necessary, and customary; provided, however, that nothing in this paragraph shall be construed to limit the right of a thorough and sifting cross-examination as to such evidence. (e) DNA testing performed pursuant to this Code section shall be conducted by a laboratory certified by the American Association of Blood Banks, shall be conducted so that the results meet the standards the American Association of Blood Banks requires in order for such results to be admitted as evidence in a court of law, and shall be performed by a duly qualified licensed practicing physician, duly qualified immunologist, or other duly qualified person; provided, however, that in all cases the court before which proceedings on the estate are pending shall determine the number and qualifications of the experts. (f) An order for DNA testing entered pursuant to this Code section shall be enforceable by contempt; provided, however, that, if the movant refuses to submit to such an order, the court may, in its discretion after all parties in interest have been given reasonable opportunity to be heard, dismiss or strike the movant's pleadings upon motion by any party in interest or on the court's own motion. (g) Except as ordered by the court for good cause shown pursuant to subsection (b) of this Code section, the genetic material collected for DNA testing performed pursuant to this Code section: (1) If collected through the disinterment of the decedent's remains, shall be destroyed within a reasonable time as determined by the court; (2) If made available from a source other than through the disinterment of the decedent's remains, shall be destroyed or returned in the manner reasonably directed by such source or in accordance with such source's standard rules and regulations; and (3) Shall not be shared with any other person or entity except to the extent reasonably necessary for compliance with paragraphs (1) and (2) of this subsection. (h) The disinterment and reinterment of the decedent's remains in accordance with a court order entered pursuant to subsection (a) of this Code section: (1) Shall not require a permit under Code Section 12-3-52, 12-3-82, or 36-72-4 as a condition precedent to such disinterment; (2) Shall not require authorization under subsection (f) of Code Section 31-10-20 as a condition precedent to such disinterment or reinterment; (3) Shall not constitute a disturbance, destruction, defacing, mutilation, removal, or exposure of interred human remains under Code Section 31-21-6; (4) Shall not constitute a violation of any provision of Code Section 31-21-44; (5) Shall be supervised, monitored, or carried out as provided in Code Section 36-72-15 when such disinterment or reinterment is in an abandoned cemetery or burial ground, as defined in Code Section 36-72-2; provided, however, that nothing in Code Section 36-72-15 shall affect the assessment, allocation, or payment of costs ordered by the court pursuant to subsection (d) of this Code section; and

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(6) May be done by any person who is or is able to be authorized to disinter the remains of a human body under Code Section 45-16-45 or subsection (b) of Code Section 45-16-51; provided, however, that nothing in this paragraph shall limit the persons whom the court may designate to perform such disinterment pursuant to subsection (b) of this Code section. (i) Any person disinterring or reinterring a decedent's remains in accordance with a court order entered pursuant to subsection (a) of this Code section shall be deemed to be a person having duties imposed upon that person relating to the possession or disposition of dead bodies while in the performance of said duties within the meaning of subsection (b) of Code Section 31-21-44. (j) DNA testing performed pursuant to this Code section shall be deemed to be genetic testing conducted to obtain information for therapeutic or diagnostic purposes within the meaning of subsection (a) of Code Section 33-54-3; provided, however, that DNA testing performed pursuant to this Code section may be conducted without written consent prior to the decedent's death. (k) Any court issuing an order with respect to a determination of heirship under this article shall not, insofar as possible, attach the written results from DNA testing to any pleading or court order."

SECTION 47. Said title is further amended by adding a new Code section to Article 2 of Chapter 2, relating to judicial determination of heirs and interests, to read as follows:
"53-2-28. (a) Any proceeding brought under this article is a civil action, which shall be governed by the rules of civil procedure except as otherwise expressly provided in this article. Except to the extent otherwise provided in Code Section 53-2-27, expressly provided in this Code section, or modified by another applicable statute, the common law as expounded by Georgia courts shall continue to be applied to the admission and exclusion of evidence and to procedures at trial in proceedings brought under this article. (b) If in any proceeding brought under this article no answer or objection has been filed within the time required by Chapter 11 of this title or by Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' as applicable, the case shall automatically become in default unless the time for filing such answer or objection has been extended as provided by law. In any proceeding brought under this article that has become in default:
(1) In the probate court, the default thereafter shall be governed by Code Section 15-9-47; and (2) In the superior court, the default thereafter shall be governed by Code Section 9-11-55. (c) In proceedings under this article, the provisions of Title 19 shall be supplemental to the provisions of this title, and the provisions of this title shall be construed and applied in para

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materia with the provisions of Title 19, except to the extent that the provisions of Title 19 are in conflict with or are incompatible with the provisions of this title."

SECTION 48. Said title is further amended by revising subsection (c) of Code Section 53-2-40, relating to petition, as follows:
"(c) The personal representative of the estate of a deceased heir is authorized to agree to the division on behalf of such heir. If the estate of a deceased heir has no personal representative, such deceased heir's estate may be represented in the proceeding by a guardian, pursuant to Code Section 53-11-2, and such guardian is authorized to agree to the division on behalf of such heir."

SECTION 49. Said title is further amended by revising subsection (b) of Code Section 53-2-51, relating to procedure, as follows:
"(b) Upon filing of the petition, the probate court: (1) Shall issue a citation as provided in Chapter 11 of this title, requiring the heirs to file any objection to the petition by a date that is at least 60 days from the date of the citation; (2) Shall order notice by publication to all heirs of the decedent as provided in Code Section 53-11-4; and (3) May direct any additional service, as provided in Code Section 53-11-5."

SECTION 50. Said title is further amended by revising paragraph (2) of subsection (b) of and by adding a new subsection to Code Section 53-4-5, relating to written statement or list disposing of items of tangible personal property, to read as follows:
"(2) Describes the items and the recipients thereof with reasonable certainty; and" "(c) A written statement or list meeting the requirements of subsection (b) of this Code section shall not be deemed to be the testator's will or a part of such testator's will."

SECTION 51. Said title is further amended by adding a new subsection to Code Section 53-4-20, relating to required writing, signing, witnesses, and codicil, to read as follows:
"(d) A will or codicil that was executed or attested pursuant to the authority of the Governor's Executive Order 04.09.20.01 shall not be treated as invalid solely because it was not executed or attested in the testator's physical presence."

SECTION 52. Said title is further amended by revising Code Section 53-5-8, relating to notice to beneficiary provided by personal representative and representation for beneficiaries, as follows:

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"53-5-8. (a) The personal representative shall have a duty to notify the beneficiaries of a testate estate of the probate of the will and the name and mailing address of such personal representative; provided, however, that notice shall not be required to be given to any beneficiary who:
(1) Has waived such right to notification in writing; (2) Acknowledged service of and assented to the petition to probate the will, if such personal representative was a petitioner; or (3) Is such personal representative. Such notification shall be given within six months from the date of qualification of the first personal representative of a testate estate to serve. (b) A personal representative who, without sufficient cause, either fails to provide accurate information regarding such personal representative's name, mailing address, and telephone number within five business days of a request for such information by a beneficiary or by the probate court or otherwise fails to comply with the requirements of subsection (a) of this Code section, may be cited to appear and show cause as to why the personal representative's letters should not be revoked in the same manner as pursuant to Code Section 53-6-53. (c) Where there is a trust that is a beneficiary of a testate estate and there is not a trustee who is not the personal representative, any notice or citation required by this Code section shall be given to and may be waived by each beneficiary of such trust to whom income or principal is required or authorized in the trustee's discretion to be distributed currently. For purposes of this Code section, a trust beneficiary may be represented as provided in Code Section 53-12-8. (d) Nothing in this Code section shall alter or affect any time period established by Code Section 53-7-42, subsection (d) of Code Section 53-8-15, or other applicable law."

SECTION 53. Said title is further amended by revising Code Section 53-6-1, relating to eligibility, as follows:
"53-6-1. Any individual who is sui juris, regardless of citizenship or residency, is eligible to serve as a personal representative or temporary administrator of the estate of a decedent who dies domiciled in this state, subject to the requirements for qualification set forth in this chapter. Any other person is eligible to serve as a personal representative or temporary administrator of the estate of a decedent who dies domiciled in this state, subject to the requirements set forth in this chapter, provided that such person is otherwise qualified to act as a fiduciary in this state pursuant to Code Section 7-1-242, Article 15 of Chapter 12 of this title, or other applicable law."

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SECTION 54. Said title is further amended by revising subsections (b) and (c) of Code Section 53-6-50, relating to persons required to give and determination of amounts, as follows:
"(b) A national banking association having the power to act as a fiduciary in Georgia pursuant to Code Section 7-1-242, Article 15 of Chapter 12 of this title, or other applicable law or a bank or trust company organized under the laws of this state that seeks to qualify as a personal representative of an intestate estate or temporary administrator shall not be required to give bond for the faithful performance of its duties unless its combined capital, surplus, and undivided profits are less than $400,000.00 as reflected in its last statement filed with the comptroller of the currency of the United States or the commissioner of banking and finance or unless the instrument under which it seeks to qualify expressly provides that it shall give bond. (c) A person petitioning to qualify as a personal representative of an intestate estate may be relieved from the requirement for giving bond by the unanimous consent of the heirs of the estate in the same manner as provided in subsection (b) of Code Section 53-7-1 for the granting of powers to a personal representative. With respect to any heir who is not sui juris, consent may be given by the guardian of the individual, pursuant to Code Section 53-11-2. The personal representative of the estate of a deceased heir is authorized to consent for that heir. If the estate of a deceased heir has no personal representative, such deceased heir's estate may be represented in the proceeding by a guardian, pursuant to Code Section 53-11-2, and such guardian is authorized to consent for that heir. In no case may consent on behalf of an heir who is not sui juris or a deceased heir whose estate has no personal representative be effective if the person consenting is the person petitioning to serve as personal representative."

SECTION 55. Said title is further amended by revising subsection (a) of Code Section 53-6-60, relating to amount, as follows:
"(a)(1) As used in this subsection, the terms 'beneficiary' and 'heir' shall apply as set forth in Code Section 53-7-68. (2) A personal representative shall be compensated as specified in either a written agreement entered into by the decedent and the personal representative prior to the decedent's death or a written agreement signed by all the beneficiaries of a testate estate affected by the personal representative's compensation or by all the heirs of an intestate estate. In the absence of such a written agreement, a personal representative shall be compensated as specified in the will. A written agreement between a testator and a personal representative shall be valid and binding upon the estate of the testator as fully and completely as if set forth in and made a part of the will. (3) If a beneficiary of a testate estate or an heir of an intestate estate is not sui juris, the duly acting guardian or conservator of such heir or beneficiary shall be authorized to sign an agreement specifying the compensation of the personal representative."

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SECTION 56. Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 53-7-1, relating to general powers and duties of personal representative and additional powers, as follows:
"(2) With respect to any beneficiary of a testate estate or heir of an intestate estate who is not sui juris, the consent required by paragraph (1) of this subsection may be given by such beneficiary's or heir's duly acting conservator or guardian. The personal representative of the estate of a deceased beneficiary or heir shall be authorized to consent on behalf of such deceased beneficiary or heir. If the estate of a deceased beneficiary or heir has no personal representative, such deceased beneficiary's or heir's estate may be represented in the proceeding by a guardian, pursuant to Code Section 53-11-2, and such guardian shall be authorized to consent on behalf of such deceased beneficiary or heir."

SECTION 57. Said title is further amended by revising subsection (a) of Code Section 53-7-5, relating to powers, duties, and liabilities if more than one personal representative and safe deposit boxes or receptacles, as follows:
"(a) If more than one personal representative is qualified and unless the will provides otherwise:
(1) The personal representatives shall act by their unanimous action; provided, however, that, while a personal representative is unable to act because of inaccessibility, illness, or other incapacity, or when a vacancy occurs for any other reason, the remaining personal representatives may act as if they were the only personal representatives if necessary to administer the estate; and (2) The personal representatives may delegate in writing to one or more of them the authority to act for all of them; provided, however, that all the personal representatives remain liable for the actions of the personal representative who is authorized to act."

SECTION 58. Said title is further amended by revising subsection (b) of Code Section 53-7-32, relating to waiver of right to receive and relieving personal representative of duty to make, as follows:
"(b) By unanimous written consent, the beneficiaries of a testate estate or the heirs of an intestate estate may authorize the probate court to relieve the personal representative of the duty to make inventory in the same manner as provided in subsection (b) of Code Section 53-7-1 for the granting of powers to a personal representative. Any such unanimous written consent, regardless of the date of execution, that relieves the personal representative from making inventory shall also relieve the personal representative from sending a copy of the inventory to the heirs or beneficiaries."

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SECTION 59. Said title is further amended by revising subsections (b) and (d) of Code Section 53-7-41, relating to notice for creditors to render accounts, notification of creditors' claims, requirement of reasonable additional proof or accounting, and failure of creditors to give notice of claims, as follows:
"(b) The personal representative shall, within 60 days from the date of qualification, publish a notice directed generally to all of the creditors of the estate to notify the personal representative of their claims and render an account of their demands for payment thereon. The personal representative's notice shall be published once a week for four weeks in the official newspaper of the county in which the personal representative qualified. No particular form shall be required for creditors to notify the personal representative of their claims, and such notification of a creditor's claim shall be sufficient for purposes of this Code section if given in writing, providing an account number or other identifying information or itemization adequate to establish the indebtedness as an obligation of the estate, and stating the principal balance and any applicable interest or other additional charges lawfully owed. An invoice or account statement satisfying the requirements of the preceding sentence of this subsection and generated by a creditor in the ordinary course of such creditor's business shall constitute sufficient notification to the personal representative of such creditor's claim if the personal representative actually receives such notification of the claim or if such creditor files such notification with the probate court having jurisdiction over the decedent's estate or sends such notification of the claim by electronic transmission, other form of wire or wireless communication, or by first-class mail or private carrier to the address of the decedent, the personal representative, or the attorney representing the personal representative; provided, however, that a notification of a claim sent by a creditor by electronic communication to an account for which the decedent is the user shall constitute sufficient notification to the personal representative of such creditor's claim only if the content of such electronic communication lawfully is disclosed to the personal representative pursuant to Chapter 13 of this title. As used in this subsection, the terms 'account,' 'content of an electronic communication,' 'electronic communication,' and 'user' shall have the meaning provided by Code Section 53-13-2." "(d) Creditors who fail to notify the personal representative of their claims in the manner provided by subsection (b) of this Code section within three months from the date of publication of the personal representative's last notice shall lose all rights to an equal participation with creditors of equal priority to whom distribution is made before sufficient notification of such claims is given to the personal representative, and they may not hold the personal representative liable for a misappropriation of the funds. If, however, there are assets in the hands of the personal representative sufficient to pay such debts and if no claims of greater priority are unpaid, the assets shall be thus appropriated notwithstanding the failure of such creditors to notify the personal representative of their claims in a timely manner."

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SECTION 60. Said title is further amended by revising subsection (a) of Code Section 53-7-50, relating to petition by personal representative for discharge, citation and publication, hearing, and subsequently discovered estate, as follows:
"(a) A personal representative who has fully performed all duties or who has been allowed to resign may petition the probate court for discharge from the office and from all liability. The petition shall:
(1) State that the personal representative has fully administered the estate of the decedent; (2) Set forth the names and addresses of all known heirs of an intestate decedent or beneficiaries of a testate decedent, including, as applicable, the personal representative of the estate of or any persons who succeeded to the interest of any heir or beneficiary who died after the decedent died; (3) Name which of the heirs or beneficiaries is or should be represented by a guardian as provided in Code Section 53-11-2, including, as applicable, any heir or beneficiary who died after the decedent died whose estate has no personal representative; (4) State that the personal representative has paid all claims against the estate or shall enumerate which claims of the estate have not been paid and the reason for such nonpayment; and (5) State that the personal representative has filed all necessary inventory and returns or, alternatively, has been relieved of such filings by the testator, the heirs or beneficiaries, or the probate court."

SECTION 61. Said title is further amended by revising Code Section 53-7-68, relating to mailing of return to heirs and beneficiaries and relieving personal representative of duty to file return, as follows:
"53-7-68. (a) As used in this Code section, the term:
(1) 'Beneficiary' shall not apply to a person who is designated in a will to take an interest in real or personal property after such person's interest in the estate has been satisfied. (2) 'Heir' shall not apply to an individual who survives the decedent and is determined under the rules of inheritance to take the property of the decedent that is not disposed of by will after such individual's interest in the estate has been satisfied. (b) Upon filing the annual return with the probate court, the personal representative shall send by first-class mail: (1) To each heir of an intestate estate or each beneficiary of the residue of a testate estate, a copy of the return, but not the vouchers; and (2) To each beneficiary of a specific, demonstrative, or general testamentary gift of a testate estate, a copy of the portion of the return relevant to the beneficiary's interest in the estate or other written statement containing such information, but not the vouchers;

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provided, however, that it shall not be necessary to mail a copy of the return to any heir or beneficiary who is not sui juris or for the court to appoint a guardian for such person. (c) The personal representative shall file with the probate court a verified statement that the requirements of subsection (b) of this Code section have been satisfied. (d) In the case of a testamentary gift to a trustee of a trust, including, without limitation, a trust created by the will, the term 'beneficiary' shall apply to the trustee and shall not apply to the beneficiaries of the trust, provided that: (1) If each trustee of the trust is also a personal representative of the estate, the term 'beneficiary' shall apply to those persons who, if the trust were funded, would be entitled to annual reports from the trustee under subsection (b) of Code Section 53-12-243, taking into account the provisions of the trust instrument and subsections (c) and (d) of Code Section 53-12-243; and (2) A beneficiary may be represented as provided in Code Section 53-12-8. (e) In the case of a deceased heir or beneficiary, the term 'heir' or 'beneficiary' shall apply to the personal representative of such heir's or beneficiary's estate. (f) The determination of the persons to whom paragraphs (1) and (2) of subsection (b) of this Code section apply, including, without limitation, the application of subsection (a), (d), (e), or (h), shall be made as of the date the annual return was filed with the probate court. (g) The determination of the persons who are required to constitute unanimous consent under subsection (j) of this Code section, including, without limitation, the application of subsection (a), (d), (e), or (h), shall be made as of the date of the petition is filed. (h) If an heir or beneficiary is not sui juris, such heir's or beneficiary's duly acting conservator or guardian shall: (1) After a written request delivered to the personal representative, be entitled to receive any report or written statement that would be required to be sent to such heir or beneficiary under subsection (b) of this Code section if such heir or beneficiary were sui juris; and (2) Be authorized to give the consent required under subsection (j) of this Code section. (i) Any heir or beneficiary may waive individually the right to receive a copy of the annual return or of the portion of the annual return to which such heir or beneficiary would be entitled under subsection (b) of this Code section by a written statement that is delivered to the personal representative. Such waiver may be revoked in writing at any time. (j) As part of a petition, including, but not limited to, the petition for letters testamentary, letters of administration with the will annexed, or letters of administration, the heirs of an intestate estate or the beneficiaries of a testate estate may, by unanimous written consent, authorize the probate court to relieve the personal representative from filing annual returns with the court, the requirements of subsection (b) of this Code section, or both. Any such unanimous written consent, regardless of the date of execution, that relieves the personal representative from filing annual returns with the court shall also relieve the personal representative from the requirements of subsection (b) of this Code section."

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SECTION 62. Said title is further amended by revising Code Section 53-7-69.1, relating to annual statement of receipts and disbursements, as follows:
"53-7-69.1. (a) A personal representative shall send, at least annually:
(1) To each heir of an intestate estate or each beneficiary of the residue of a testate estate, a statement of receipts and disbursements; and (2) To each beneficiary of a specific, demonstrative, or general testamentary gift of the testate estate, a statement of any receipts and disbursements relevant to the beneficiary's interest in the estate. (b) Any heir or beneficiary may waive individually the right to receive a statement of receipts and disbursements by a written statement that is delivered to the personal representative. Such waiver may be revoked in writing at any time. (c) The heirs or beneficiaries may authorize the probate court to relieve the personal representative from furnishing statements of receipts and disbursements in the same manner as provided in Code Section 53-7-68 for relieving the personal representative from filing annual returns. A testator may, by will, dispense with the necessity of the personal representative's furnishing a statement of receipts and disbursements in the same manner as provided in Code Section 53-7-69 for dispensing with the necessity of the personal representative's filing an annual return; provided, however, that such dispensation does not work any injury to creditors or persons other than beneficiaries under the will. It shall not be necessary to furnish a statement of receipts and disbursements to any heir or beneficiary who is not sui juris or for the probate court to appoint a guardian for such person. (d) When a personal representative has been relieved from furnishing statements of receipts and disbursements, the probate court, on its own motion or on the representation of any party in interest that the personal representative is mismanaging the estate, shall order the personal representative to appear and show cause as to why statements of receipts and disbursements should not be furnished or the personal representative's letters revoked. Such order shall be served in person on the personal representative at least ten days prior to the hearing. Failure to show cause shall authorize the court to require statements of receipts and disbursements to be furnished or to revoke the letters or to take any other action as may be necessary under the circumstances. (e) For purposes of this Code section: (1) The statement provided under subsection (a) of this Code section shall contain the receipts and disbursements of principal and income that have occurred during the last complete fiscal year of the estate or since the last accounting to that heir or beneficiary and a statement of the assets and liabilities of the estate as of the end of the accounting period, provided that the information in any statement required under paragraph (2) of subsection (a) of this Code section shall be limited as provided in that paragraph; (2) The terms 'heir' and 'beneficiary' shall apply as provided in Code Section 53-7-68;

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(3) The determination of the persons entitled to receive statements under subsection (a) of this Code section and the application of this subsection shall be made as of the final day of the period covered by the statement; (4) The determination of the persons who may authorize the probate court under subsection (c) of this Code section and the application of this subsection shall be made as of the date of the authorization; and (5) If an heir or beneficiary is not sui juris, such heir's or beneficiary's duly acting conservator or guardian shall:
(A) After a written request delivered to the personal representative, be entitled to receive any statement of receipts and disbursements that would be required to be sent to such heir or beneficiary under subsection (a) of this Code section if such heir or beneficiary were sui juris; and (B) Be authorized to give the consent required under subsection (b) of this Code section. (f) Nothing in this Code section shall affect the power of the probate court to require or excuse an accounting under this part, Part 1 of this article, or other applicable law."

SECTION 63. Said title is further amended by revising Code Section 53-7-72, relating to docket of persons liable to make returns and failure to make returns, as follows:
"53-7-72. It shall be the duty of the probate court to keep a docket of all personal representatives who are liable to make returns and, immediately after the ceasing of the January term or as soon thereafter as the court deems practical in each year, to cite all defaulters to show cause for their neglect. A willful and continued failure to make a return shall be good cause for removal."

SECTION 64. Said title is further amended by revising paragraphs (10) and (14) of and by adding a new paragraph to Code Section 53-12-2, relating to definitions regarding trusts, to read as follows:
"(2.1)(A) 'Donor' means a person, including a testator, who contributes property to the trust, provided that:
(i) If another person makes a transfer of property to the trust, other than as a bona fide sale for an adequate and full consideration in money or money's worth, for purposes of Sections 2036 through 2038 of the federal Internal Revenue Code, or if the value of the property held in the trust is included in the gross estate of another person under Chapter 11 of the federal Internal Revenue Code, then such other person shall be the donor; and (ii) Notwithstanding division (i) of this subparagraph, if a person has the power to revoke the trust, such term means the person who has the power to revoke the trust.

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(B) If a trust has more than one donor, each such person is the donor of the portion of the trust attributable to the property of which such person is the donor." "(10)(A) 'Qualified beneficiary' means a living individual or other existing person who, on the date of determination of beneficiary status:
(i) Is a distributee or permissible distributee of trust income or principal; (ii) Would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in division (i) of this subparagraph terminated on that date without causing the trust to terminate; or (iii) Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date. (B) With respect to a charitable trust as defined in Code Section 53-12-170, the Attorney General has the rights of a qualified beneficiary. With respect to any trust, including, but not limited to, a charitable trust, a charitable organization that is expressly designated as a distributee or permissible distributee of trust income or principal has the rights of a qualified beneficiary if, on the date of determination, such charitable organization is described in division (i), (ii), or (iii) of subparagraph (A) of this paragraph. With respect to a trust that is not a charitable trust and designates a class of unascertainable charitable beneficiaries as distributees or permissible distributees of trust income or principal, the Attorney General has the rights of a qualified beneficiary if, on the date of determination, such unascertainable charitable beneficiaries are described in division (i), (ii), or (iii) of subparagraph (A) of this paragraph. A person appointed to enforce a trust created for the care of an animal under Code Section 53-12-28 also has the rights of a qualified beneficiary." "(14) 'Trust instrument' means an instrument that contains the trust provisions. The trust instrument includes any trust provisions established, determined, or amended by a trustee or other person in accordance with the provisions of the trust, a court order, a nonjudicial settlement agreement under Code Section 53-12-9, or other applicable law."

SECTION 65. Said title is further amended by revising Code Section 53-12-3, relating to survival of common law and equity, as follows:
"53-12-3. Except to the extent that the principles of common law and equity governing trusts are modified by this chapter or another provision of law, those principles remain the law of this state. Without limitation:
(1) No provision of this chapter shall be construed to imply that any other Code section or the common law did not, prior to the enactment of such provision, impose, permit, or otherwise address a duty, power, relationship, or any other matter governed by such provision; and (2) The failure of the General Assembly to codify an established principle of common law or equity governing trusts shall not be construed as evidence that the General

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Assembly intended to reject that principle unless this chapter or another provision of law is inconsistent with that principle or there is other evidence the General Assembly intended that such principle should no longer apply."

SECTION 66. Said title is further amended by revising subsections (d), (h), and (k) of and by adding a new subsection to Code Section 53-12-8, relating to notice to person permitted to bind another person, consent on behalf of another person, and representation of others, to read as follows:
"(d) Notwithstanding any other provision of this Code section, a donor may not represent and bind a beneficiary under this Code section with respect to the termination or modification of a trust under Article 4 of this chapter." "(h) A person who is a qualified beneficiary under division (10)(A)(iii) of Code Section 53-12-2 may represent and bind contingent successor beneficiaries with respect to matters in which there is no conflict of interest between the representative and the persons represented with respect to a particular question or dispute." "(k) Any person whose interests would be affected or who reasonably claims to represent or bind a person whose interests would be affected may request that the court determine whether an interest is represented under this Code section or whether the representation is adequate. If the court determines that an interest is not represented under this Code section, or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable. A representative may be appointed to represent several persons or interests. A representative may act on behalf of the individual represented with respect to any matter arising under this chapter, regardless of whether a judicial proceeding concerning the trust is pending. In making decisions, a representative may consider the general benefit accruing to the living members of the individual's family." "(m) Representation under this Code section is effective for purposes of this chapter, the trust provisions, or any matter involving a trust."

SECTION 67. Said title is further amended by revising Code Section 53-12-9, relating to binding nonjudicial settlement agreement, as follows:
"53-12-9. (a) Except as provided in subsection (b) of this Code section, the trustee, any trust director, and all other persons whose interests would be affected may enter into a binding nonjudicial settlement agreement with respect to any matter involving the trust. (b) A nonjudicial settlement agreement:

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(1) Shall be valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law; and (2) During the settlor's lifetime, shall not be valid with respect to any modification or termination of an irrevocable trust when such modification or termination could be properly approved by the court only in a proceeding under subsection (b) of Code Section 53-12-61. (c) The trustee, trust director, and any person whose interests would be affected by a nonjudicial settlement agreement may request that the court approve such agreement, determine whether the representation as provided in Code Section 53-12-8 was adequate, determine whether such agreement violates a material purpose of the trust, determine whether such agreement contains terms and conditions the court could have properly approved, or make any other similar determination. (d) A nonjudicial settlement agreement entered into in accordance with this Code section shall be final and binding on all parties to such agreement, including parties who are represented by a person who may represent and bind such parties under Code Section 53-12-8, as if ordered by a court with competent jurisdiction over the trust, the trust property, and the parties. (e) Entering into or petitioning a court regarding a nonjudicial settlement agreement under this Code section shall not constitute a violation of a condition in terrorem under Code Section 53-12-29."

SECTION 68. Said title is further amended by revising Code Section 53-12-22, relating to trust purposes and conditions in terrorem, as follows:
"53-12-22. A trust may be created for any lawful purpose."

SECTION 69. Said title is further amended by adding a new Code section to Article 2 of Chapter 12, relating to creation and validity of express trusts, to read as follows:
"53-12-29. A condition in terrorem shall be void unless there is a direction in the trust instrument as to the disposition of the property if the condition in terrorem is violated, in which event the direction in the trust instrument shall be carried out, except that a condition in terrorem shall not be enforceable against an individual for:
(1) Bringing an action for interpretation or enforcement of a trust instrument; (2) Bringing an action for an accounting, for removal, or for other relief against a trustee; or (3) Entering into a settlement agreement."

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SECTION 70. Said title is further amended by adding a new Code section to Article 3 of Chapter 12, relating to revocable trusts, to read as follows:
"53-12-46. (a)(1) Notwithstanding any other provision of this chapter, if the settlor reserved a power of revocation over a trust, the settlor is alive, and the power of revocation has not been released: (A) The duties of the trustee are owed exclusively to the settlor; and (B) With respect to any trust property held for personal use or enjoyment by a beneficiary or any other trust property designated as being subject to this paragraph pursuant to paragraph (3) of subsection (c) of this Code section: (i) The settlor shall have the power to direct the trustee in the management of such property and the provisions of Article 18 of this chapter shall apply so that the trustee is a directed trustee who, without limitation, is relieved from the duties from which trustees are relieved under subsection (f) of Code Section 53-12-504; and (ii) The trustee shall not have any duty to account at least annually to the beneficiaries under paragraph (1) of subsection (b) of Code Section 53-12-243, to keep the beneficiaries reasonably informed of the trust and its administration under the common law, or to provide information to the trust director under paragraph (1) of subsection (c) of Code Section 53-12-504. (2) Unless the trust instrument provides otherwise, if the trustee is required or authorized in the trustee's discretion to make distributions of trust property to other beneficiaries while the settlor is alive, the settlor has not released the power to revoke the trust, and the settlor lacks capacity to revoke the trust, then the trustee owes duties to the beneficiaries to whom income or principal is required or authorized in the trustee's discretion to be distributed currently and the office of trust director created pursuant to this subsection is governed by Code Section 53-12-506.
(b) If subsection (a) of this Code section applies to a trust: (1) In addition to any persons who may seek to enforce the trust under any other Code section or the common law, the following persons may seek to enforce the trust: (A) The settlor's guardian or conservator; (B) The settlor's agent under a power of attorney granting general authority with respect to estates, trusts, and other beneficial interests under Code Section 10-6B-50, general authority with respect to claims and litigation under Code Section 10-6B-51, or substantially similar authority that would make it appropriate for the agent to enforce the trustee's duties to the settlor; (C) The settlor's parent, spouse, or descendant; or (D) Any qualified beneficiary of the trust; (2) Upon a motion by the settlor, the court shall dismiss any action seeking to enforce the trust unless the court finds that the settlor lacks capacity to revoke the trust; and

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(3) Upon a motion by a person described in subparagraph (A) or (B) of paragraph (1) of this subsection, the court shall dismiss any action seeking to enforce the trust filed by a person described in subparagraph (C) or (D) of paragraph (1) of this subsection, unless the court finds that the settlor's interests in the trust are not adequately represented by the person moving to dismiss the action. (c) For purposes of this Code section: (1) 'Property held for personal use or enjoyment' means property held for purposes other than, or in addition to, monetary value, and shall include, but not be limited to:
(A) All personal effects, including, but not limited to, clothing, jewelry, firearms, and equipment; (B) All household goods and equipment, including, but not limited to, furniture and furnishings, works of art, and collectibles; (C) All automobiles, aircraft, watercraft, and other vehicles; and (D) All dwellings and other real property that are used or enjoyed by a beneficiary, regardless of whether rented, leased, or otherwise held out for use or enjoyment by other persons. (2) If trust property includes an indirect interest in property, including, but not limited to, an interest in an entity, the entire indirect interest is held for personal use or enjoyment if any portion of the property in which the trustee holds an indirect interest is held for personal use or enjoyment. (3)(A) The trust instrument, or a majority of the persons to whom the trustee owes duties under subsection (a) of this Code section in a writing delivered to the trustee, may designate trust property as:
(i) Being held or not being held for personal use or enjoyment; or (ii) Property subject to or not subject to subparagraph (a)(1)(B) of this Code section. (B) A designation of trust property made pursuant to subparagraph (A) of this paragraph shall control; provided, however, that a failure to make a designation of trust property pursuant to subparagraph (A) of this paragraph shall not constitute evidence that such property is not held for personal use or enjoyment. (4) 'Management' of property means the exercise of all powers over such property that an unmarried competent owner has over individually owned property."

SECTION 71. Said title is further amended by revising subsections (b), (c), and (k) of and by adding a new subsection to Code Section 53-12-61, relating to power to direct modification or termination, petition to modify or terminate irrevocable trust, proceeding to approve proposed modification or termination, distribution of trust property under order for termination, and waiver of notice, to read as follows:
"(b) During the settlor's lifetime, the court shall approve a petition to modify or terminate an irrevocable trust, even if the modification or termination is inconsistent with a material purpose of the trust, if the settlor and all qualified beneficiaries consent to such

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modification or termination and the trustee has been given notice of the proposed modification or termination. A settlor's power to consent to such trust's modification or termination may be exercised by:
(1) An agent under a power of attorney only to the extent expressly authorized by the power of attorney and the provisions of the trust; (2) The settlor's conservator with the approval of the court supervising the conservatorship if an agent is not so authorized; or (3) The settlor's guardian with the approval of the court supervising the guardianship if an agent is not so authorized and a conservator has not been appointed. (c) Following the settlor's death the court shall approve a petition to: (1) Modify an irrevocable trust if all qualified beneficiaries consent, the trustee has been given notice of the proposed modification, and the court concludes that modification is not inconsistent with any material purpose of such trust; and (2) Terminate an irrevocable trust if all qualified beneficiaries consent, the trustee has been given notice of the proposed termination, and the court concludes that continuance of such trust is not necessary to achieve any material purpose of such trust." "(k) Subsections (b) and (c) of this Code section shall not apply to charitable trusts. If a transfer to any other trust qualified for a charitable deduction under Sections 170(a), 2055(a), or 2522(a) of the federal Internal Revenue Code, the trust may not be modified or terminated pursuant to subsection (b) or (c) of this Code section in a manner that prevents the transfer to the trust from qualifying for or reduces the amount of such charitable deduction." "(o) For purposes of subsection (b) of this Code section, notwithstanding the provisions of Code Section 53-12-8, all qualified beneficiaries shall represent and bind all other beneficiaries who are not qualified beneficiaries, regardless of whether there is a conflict of interest between a qualified beneficiary and any such other beneficiary or whether any such other beneficiary objects to the representation."

SECTION 72. Said title is further amended by revising Code Section 53-12-62, relating to power of trustee to invade principal of original trust, as follows:
"53-12-62. (a) As used in this Code section, the term:
(1) 'Original trust' refers to the trust from which principal is being distributed. (2) 'Second trust' refers to the trust to which assets are being distributed from the original trust, whether a separate trust or an amended version of the original trust. (b)(1) As used in this subsection, the term 'current beneficiary' means a person who, on the date of distribution to the second trust, is a distributee or permissible distributee of trust income or principal. (2) Unless the original trust instrument expressly provides otherwise, a trustee, other than a donor to the trust, with the discretionary authority to distribute income or principal of

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the original trust to make distributions to or for the benefit of one or more of the beneficiaries may also, independently or with court approval, exercise such authority by distributing all or part of the income or principal of the original trust subject to such discretion to a trustee of a second trust; provided, however, that the second trust shall not include as a:
(A) Current beneficiary any person that is not a current beneficiary of income or principal of the original trust; or (B) Beneficiary any person that is not a beneficiary of the original trust. (c) Except as provided in this Code section, a trustee may exercise the power to distribute income or principal of the original trust under subsection (b) of this Code section without the consent of the settlor or the beneficiaries of the original trust if such trustee provides written notice of such trustee's decision to exercise the power to such settlor, if living, any trust director, and those persons then entitled to annual reports from the trustee of the original trust under subsection (b) of Code Section 53-12-243, taking into account the provisions of the original trust and subsections (c) and (d) of Code Section 53-12-243. Such notice shall: (1) Describe the manner in which such trustee intends to exercise such power; (2) Specify the date such trustee proposes to distribute to the second trust; and (3) Be delivered at least 30 days before the proposed distribution to the second trust. (d) The exercise of the power to distribute income or principal of the original trust under subsection (b) of this Code section shall be by an instrument in a writing, signed and acknowledged by the trustee, and filed with the records of the original trust. (e) The exercise of the power to distribute income or principal of the original trust under subsection (b) of this Code section shall not extend the permissible period of the rule against perpetuities that applies to such original trust. (f) The exercise of the power to distribute income or principal of the original trust under subsection (b) of this Code section by a trustee who is also a beneficiary shall be subject to the limitations of Code Section 53-12-270. (g) This Code section shall not be construed to abridge the right of any trustee who has a power to distribute income or principal in further trust that arises under any other law or under common law, and nothing in this Code section shall be construed to imply that the common law does not permit the exercise of a power to distribute income or principal of a trust in the manner authorized under subsection (b) of this Code section. (h) A second trust may confer a power of appointment upon a beneficiary of the original trust to whom or for the benefit of whom the trustee has the power to distribute income or principal of such original trust. For purposes of this subsection, the permissible appointees of the power of appointment conferred upon a beneficiary may include persons who are not beneficiaries of such original trust or second trust. (i) If any contribution to the original trust qualified for the annual exclusion under Section 2503(b) of the federal Internal Revenue Code, the marital deduction under Section 2056(a) or 2523(a) of the federal Internal Revenue Code, or the charitable

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deduction under Section 170(a), 2055(a), or 2522(a) of the federal Internal Revenue Code, is a direct skip qualifying for treatment under Section 2642(c) of the federal Internal Revenue Code, or qualified for any other specific tax benefit that would be lost by the existence of the authorized trustee's authority under subsection (b) of this Code section for income, gift, estate, or generation-skipping transfer tax purposes under the federal Internal Revenue Code, then the authorized trustee shall not have the power to distribute the income or principal of a trust pursuant to subsection (b) of this Code section in a manner that would prevent the contribution to the original trust from qualifying for such exclusion, deduction, or other tax benefit or would reduce such exclusion, deduction, or other tax benefit that was originally claimed with respect to such contribution. (j) The exercise of the power to distribute income or principal of the original trust under subsection (b) of this Code section shall be subject to the following limitations with respect to any portion of the original trust or second trust that does or will qualify as a grantor trust with respect to a donor:
(1) The second trust need not qualify as a grantor trust for federal income tax purposes, even if the original trust does qualify as a grantor trust, except that if such original trust qualifies as a grantor trust because of the application of Section 672(f)(2)(A) of the federal Internal Revenue Code, such second trust may not include or omit a term that, if included in or omitted from the original trust instrument, would have prevented such original trust from qualifying under such section; (2) Notwithstanding any other provision of this Code section, when the original trust does not qualify as a grantor trust and the donor is alive, the terms of the second trust shall not provide for a power of disposition that is not exempt from the application of subsection (a) of Section 674 of the federal Internal Revenue Code unless an adverse party, as defined in subsection (a) of Section 672 of the federal Internal Revenue Code, approves or consents to the inclusion of the power in the second trust. Subject to paragraph (3) of this subsection, the second trust may qualify as a grantor trust pursuant to other sections of the federal Internal Revenue Code; (3) Unless the donor objects in a writing delivered to the trustee before the date the trustee proposes to distribute from the original trust to the second trust, such second trust may qualify as a grantor trust for federal income tax purposes, even if such original trust does not so qualify, except that if such original trust does not so qualify and such second trust will so qualify, in whole or in part, with respect to the donor, such second trust shall grant such donor or another person a power that would cause such second trust to cease to be a grantor trust for federal income tax purposes; and (4) When both the original trust and the second trust qualify as grantor trusts for federal income tax purposes and such original trust grants the donor or another person the power to cause such original trust to cease to be a grantor trust, such second trust shall grant an equivalent power to the donor or another person unless such donor objects in a writing delivered to the trustee before the date the trustee proposes to distribute from such original trust to such second trust.

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For purposes of this subsection, a trust that is a 'grantor trust' or that qualifies as a 'grantor trust' shall mean a trust, or portion of a trust, of which the donor is treated as the owner of the trust property for federal income tax purposes pursuant to Subchapter J of the federal Internal Revenue Code. (k) During any period when the original trust owns stock in a Subchapter 'S' corporation as defined in Section 1361(a)(1) of the federal Internal Revenue Code, an authorized trustee shall not exercise a power authorized by subsection (b) of this Code section to distribute part or all of the stock of the Subchapter 'S' corporation to a second trust that is not a permitted shareholder under Section 1361(c)(2) of the federal Internal Revenue Code. (l) A trustee or other person that reasonably relies on the validity of a distribution of property of the original trust to the second trust under subsection (b) of this Code section or any other law or common law shall not be liable for any action or failure to act as a result of such reliance. (m) This Code section shall not create or imply a duty for a trustee or trust director to exercise a power conferred by this Code section. (n) If exercise of the power to distribute income or principal of the original trust would be effective under subsection (b) of this Code section except that the second trust in part does not comply with this Code section, such exercise of the power shall be effective, a provision in such second trust that is not permitted under this Code section shall be void to the extent necessary to comply with this Code section, and a provision required by this Code section to be in such second trust that is not contained in such second trust shall be deemed to be included in such second trust to the extent necessary to comply with this Code section. (o) The donor of the original trust shall be deemed to be the donor of the second trust with respect to the portion of the income or principal of the original trust subject to the exercise of the power to distribute the principal of such original trust under subsection (b) of this Code section. The settlor of the second trust shall be the person who creates the second trust, including a testator in the case of a testamentary trust; provided, however, that, if the trustee of the original trust creates the second trust, the settlor of the original trust shall be deemed to be the settlor of the second trust. (p) A debt, liability, or other obligation enforceable against property of the original trust shall be enforceable to the same extent against the property when held by the second trust after exercise of the power to distribute the income or principal of such original trust under subsection (b) of this Code section. (q) This Code section shall apply to any trust that:
(1) Has its principal place of administration in this state, including a trust whose principal place of administration has been changed to this state; or (2) Provides in its trust instrument that it is governed by the law of this state or is governed by the law of this state for the purpose of:
(A) Administration, including administration of a trust whose governing law for purposes of administration has been changed to the law of this state;

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(B) Construction of the terms of the trust; or (C) Determining the meaning or effect of the terms of the trust. (r) This Code section shall not apply to charitable trusts."

SECTION 73. Said title is further amended by revising subsection (f) of Code Section 53-12-80, relating to spendthrift provisions, as follows:
"(f) If a beneficiary is also a donor, a spendthrift provision shall not be valid as to such beneficiary to the extent of the portion of trust property of which such beneficiary is the donor. This subsection shall not apply to a special needs trust established pursuant to 42 U.S.C. Section 1396p(d)(4)(A) or 1396p(d)(4)(C)."

SECTION 74. Said title is further amended by revising Code Section 53-12-81, relating to limitations on creditors' rights to discretionary distributions, as follows:
"53-12-81. A transferee or creditor of a beneficiary shall not compel the trustee or a trust director to pay any amount that is payable only in the discretion of the trustee or trust director regardless of whether the discretion is expressed in the form of a standard of distribution, including, but not limited to, health, education, maintenance, and support, and whether such trustee or trust director is also a beneficiary. This Code section shall not apply to the extent of the portion of trust property of which such beneficiary is the donor."

SECTION 75. Said title is further amended by revising Code Section 53-12-82, relating to rules for trusts and consideration of assets of an inter vivos marital trust following death, as follows:
"53-12-82. (a)(1) As used in this subsection, the term 'creditor' means: (A) With respect to subparagraphs (A) and (B) of paragraph (2) of this subsection, those creditors of a donor whose claims against the property of the trust are governed by this article, including those creditors identified in subsection (d) of Code Section 53-12-80; and (B) With respect to subparagraph (C) of paragraph (2) of this subsection, those claimants whose claims against the property of a donor's estate are governed by Article 4 of Chapter 7 of this title, including those claimants identified in Code Section 53-7-40. (2) Regardless of whether the trust instrument contains a spendthrift provision, the following rules shall apply: (A) During the lifetime of the settlor, the settlor shall be treated as the donor of all property of a trust revocable by such settlor and such property shall be subject to claims of such donor's creditors;

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(B) With respect to an irrevocable trust: (i) Creditors or assignees of the donor may reach the maximum amount that can be distributed to or for the donor's benefit during the donor's life or that could have been distributed to or for the donor's benefit immediately prior to the donor's death; and (ii) The portion of a trust that can be distributed to or for the donor's benefit pursuant to the power of a trustee, whether arising under the trust instrument or any other law, to make a distribution to or for the benefit of a donor for the purpose of reimbursing the donor in an amount equal to any income taxes payable on any portion of the trust principal and income that is treated as the donor's individual income under applicable law shall not be considered an amount that can be distributed to or for the donor's benefit during the donor's life or that could have been distributed to or for the donor's benefit immediately prior to the donor's death; and
(C) After the death of a donor, and subject to the donor's right to direct the source from which liabilities shall be paid:
(i) The settlor shall be treated as the donor of all property of a trust that was revocable by the settlor at the settlor's death or had become irrevocable as a result of the settlor's incapacity, and such property shall be subject to claims of the creditors of the donor's estate to the extent the donor's probate estate is inadequate; and (ii) Payments that would not be subject to the claims of the creditors of the donor's estate if made by way of beneficiary designation to persons other than the donor's estate shall not be made subject to such claims by virtue of this Code section unless otherwise provided in the trust instrument. (b)(1) As used in this subsection, the term: (A) 'Donor's spouse' means the spouse of the donor at the time of the creation of an inter vivos marital trust, regardless of whether such spouse is married to the donor at the time of such spouse's death. (B) 'Inter vivos marital trust' means: (i) A trust described in Section 2523(e) of the Internal Revenue Code of 1986; (ii) A trust for which the election described in Section 2523(f) of the Internal Revenue Code of 1986 has been made; or (iii) Another trust to the extent such trust's property is attributable to a trust described in division (i) or (ii) of this subparagraph. (2) Subject to Article 4 of Chapter 2 of Title 18, after the death of the donor's spouse, the property of an inter vivos marital trust shall be deemed to have been contributed by the donor's spouse and not by the donor so that the spouse becomes the donor of all such property; provided, however, that this Code section shall not apply to any property contributed to such trust after the death of the donor's spouse."

SECTION 76. Said title is further amended by revising Code Section 53-12-83, relating to creditors' claims against property that is subject to withdrawal right, as follows:

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"53-12-83. For purposes of this article, the holder of a power of withdrawal, during the period that the power may be exercised, shall be treated in the same manner as the settlor of a revocable trust to the extent of the property subject to the power, and the lapse, release, or waiver of a power of withdrawal shall not cause the holder to be treated as a donor of the trust."

SECTION 77. Said title is further amended by revising Code Section 53-12-172, relating to cy pres, as follows:
"53-12-172. If a charitable purpose of a charitable trust becomes unlawful, impracticable, impossible to achieve, or wasteful, the court shall, upon a petition by a donor or other interested person pursuant to this Code section, modify or terminate the trust in such a way as will as nearly as possible effectuate the intention of the settlor or donor."

SECTION 78. Said title is further amended by revising Code Section 53-12-200, relating to capacity of trustee, as follows:
"53-12-200. A trustee shall have legal capacity under Georgia law to acquire, hold, and transfer title to property. An individual shall be eligible to serve as a trustee regardless of citizenship or residency. If the trustee is a corporation, partnership, or other entity, it shall be required to have the power to act as a trustee in Georgia pursuant to Code Section 7-1-242, Article 15 of this chapter, or other applicable law."

SECTION 79. Said title is further amended by revising Code Section 53-12-201, relating to appointment and vacancies, as follows:
"53-12-201. (a) A settlor may appoint trustees or grant that power to others, including trust beneficiaries. (b) A trust shall never fail for want of a trustee. (c) A vacancy in a trusteeship occurs if:
(1) A person designated as trustee rejects the trusteeship; (2) A person designated as trustee cannot be identified, cannot be located, or does not exist; (3) A guardian or conservator is appointed for an individual serving as trustee; (4) A trustee is disqualified or removed; (5) A trustee resigns or dies; or (6) For any other reason there is no person currently serving as trustee of a trust.

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(d) Unless otherwise provided in the trust instrument, if one or more cotrustees remain in office, a vacancy need not be filled. (e) A vacancy in a trusteeship that is required to be filled shall be filled, in the following order of priority, by a person:
(1) Designated in the trust instrument as successor trustee; (2) Appointed as provided in the trust instrument; (3) Appointed by the unanimous agreement of the qualified beneficiaries; or (4) On petition of an interested person, appointed by the court. (f) Regardless of whether a vacancy in a trusteeship exists or is required to be filled, the court may, on petition of an interested person, appoint an additional trustee or special fiduciary whenever the court considers the appointment consistent with the intention of the settlor and the interests of the beneficiaries, or otherwise necessary for the administration of the trust. (g) A petition provided for in this Code section shall be served upon all qualified beneficiaries. (h) A trustee appointed as a successor trustee shall have all the authority of the original trustee."

SECTION 80. Said title is further amended by revising Code Section 53-12-221, relating to removal of trustee, as follows:
"53-12-221. (a) A trustee may be removed:
(1) In accordance with the provisions of the trust instrument; or (2) Upon petition to the court by any interested person or by the court on its own motion. (b) The court may remove a trustee if: (1) The trustee has committed a serious breach of trust; (2) Lack of cooperation among cotrustees substantially impairs the administration of the trust; (3) The court finds that removal of the trustee best serves the interests of the beneficiaries because of unfitness (including, but not limited to, a lack of capacity to make or communicate significant responsible decisions concerning the management of trust property) or unwillingness or persistent failure to administer the trust effectively; (4) There has been a substantial change of circumstances, the court finds that removal of the trustee best serves the interests of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available; or (5) Removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available. (c) In the discretion of the court, in order to protect the trust property or the interests of any beneficiary, on its own motion or on motion of a cotrustee or other interested person, the

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court may compel the trustee whose removal is being sought to surrender trust property to a cotrustee, a receiver, or temporary trustee pending a decision on a petition for removal of a trustee or pending appellate review of such decision. To the extent the court deems necessary, the powers of the trustee also may be suspended."

SECTION 81. Said title is further amended by revising subsections (b) and (c) of Code Section 53-12-243, relating to duty to provide reports and accounts, as follows:
"(b)(1) A trustee shall account at least annually, at the termination of the trust, and upon a change of trustees to each beneficiary of an irrevocable trust to whom income or principal is required or authorized in the trustee's discretion to be distributed during the period covered by the report, including upon the termination of the trust on the last day of such period, and to any person who may revoke the trust. Upon a change of trustees, the trustee shall also account to the successor trustee. (2) An accounting furnished to a beneficiary pursuant to paragraph (1) of this subsection shall contain a statement of receipts and disbursements of principal and income that have occurred during the last complete fiscal year of the trust or since the last accounting to that beneficiary and a statement of the assets and liabilities of the trust as of the end of the accounting period. (c) A trustee shall not be required to report information or account to: (1) A beneficiary who has waived in writing the right to a report or accounting and has not withdrawn that waiver; or (2) The unascertainable charitable beneficiaries of a trust that is not a charitable trust."

SECTION 82. Said title is further amended in Part 1 of Article 13 of Chapter 12, relating to duties of trustee, by adding a new Code section to read as follows:
"53-12-248. When a person holds a power of appointment, as defined in Code Section 53-12-500, over property with respect to which the person is also a trustee or a trust director, the duties imposed on such person as a trustee or trust director shall not apply to the exercise or nonexercise of the power of appointment."

SECTION 83. Said title is further amended by revising paragraphs (11), (23), (28), and (29) of and by adding a new paragraph to subsection (b) of Code Section 53-12-261, relating to powers of trustee and limitation based on fiduciary duties, to read as follows:
"(11) To borrow money for such periods of time and upon such terms and conditions as to rates, maturities, renewals, and security as the fiduciary shall deem advisable for any purpose and to mortgage, pledge, or otherwise encumber such portion of the property

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held by the fiduciary as may be required to secure the loan and to renew existing loans either as maker or endorser;" "(23) To employ and compensate, out of income or principal or both and in such proportion as the fiduciary shall deem advisable, persons deemed by the fiduciary needful to advise or assist in the administration of the estate or trust, including, but not limited to, agents, accountants, brokers, attorneys at law, attorneys in fact, investment brokers, rental agents, realtors, appraisers, and tax specialists; and to do so without liability for any neglect, omission, misconduct, or default of any such agent or representative selected and retained with due care on the part of the fiduciary;" "(28) To determine:
(A) What is principal and what is income of any estate or trust and to allocate or apportion receipts and expenses, as between principal and income, in the exercise of the fiduciary's discretion and, by way of illustration and not limitation of the fiduciary's discretion, to charge premiums on securities purchased at a premium against principal or income or partly against each; (B) Whether to apply stock dividends and other noncash dividends to income or principal or to apportion them as the fiduciary shall deem advisable; and (C) What expenses, costs, and taxes, other than estate, inheritance, and succession taxes and other governmental charges, shall be charged against principal or income or apportioned between principal and income and in what proportions; (29) To make, modify, and execute contracts and other instruments, under seal or otherwise, as the fiduciary deems advisable; and (30) To endorse, guarantee, become the surety of or otherwise become obligated for or with respect to the debts or other obligations of a beneficiary or any debt or obligation incurred for the benefit of a beneficiary, whether with or without consideration, as the fiduciary deems advisable."

SECTION 84. Said title is further amended by revising Code Section 53-12-262, relating to powers of corporate fiduciaries, as follows:
"53-12-262. A corporate fiduciary, without authorization by the court, may exercise the power:
(1) To retain stock or other securities of its own issue received on the creation of the trust or later contributed to the trust, including the securities into which the securities originally received or contributed may be converted or that may be derived therefrom as a result of merger, consolidation, stock dividends, splits, liquidations, and similar procedures. The corporate fiduciary may exercise by purchase or otherwise any rights, warrants, or conversion features attaching to any such securities. The authority described in this paragraph shall:

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(A) Apply to the exchange or conversion of stock or securities of the corporate fiduciary's own issue, regardless of whether any new stock or securities received in exchange therefor are substantially equivalent to those originally held; (B) Apply to the continued retention of all new stock and securities resulting from merger, consolidation, stock dividends, splits, liquidations, and similar procedures and received by virtue of such conversion or exchange of stock or securities of the corporate fiduciary's own issue, regardless of whether the new stock or securities are substantially equivalent to those originally received by the fiduciary; (C) Have reference, inter alia, to the exchange of such stock or securities for stock or securities of any holding company that owns stock or other interests in one or more other corporations, including the corporate fiduciary, whether the holding company is newly formed or already existing and regardless of whether any of the corporations own assets identical or similar to the assets of or carry on a business identical or similar to the corporation whose stock or securities were previously received by the fiduciary and the continued retention of stock or securities, or both, of the holding company; and (D) Apply regardless of whether any of the corporations have officers, directors, employees, agents, or trustees in common with the corporation whose stock or securities were previously received by the fiduciary; and (2) To borrow money from its own banking department for such periods of time and upon such terms and conditions as to rates, maturities, renewals, and security as the fiduciary shall deem advisable for any purpose as may be required to secure the loan or loans; and to renew existing loans either as maker or endorser."

SECTION 85. Said title is further amended by repealing Code Section 53-12-264, relating to granting of powers by qualified beneficiaries.

SECTION 86. Said title is further amended by revising Code Section 53-12-270, relating to exercise of power by trustee who is also a beneficiary, as follows:
"53-12-270. (a) Subject to subsection (c) of this Code section, and unless the trust provisions expressly indicate that a rule in this subsection shall not apply, a person other than a settlor or donor who is a beneficiary and either a trustee or trust director of a trust shall not:
(1) Make discretionary distributions to or for the benefit of such person unless in accordance with an ascertainable standard; (2) Make discretionary allocations of receipts or expenses as between principal and income, unless such person acts in a fiduciary capacity whereby such person has no power to enlarge or shift any beneficial interest except as an incidental consequence of the discharge of such person's fiduciary duties; and

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(3) Make discretionary distributions to satisfy any of such person's legal obligations of support. (b) A power whose exercise is limited or prohibited by subsection (a) of this Code section may be exercised by a majority of the remaining trustees or trust directors who have the power to make or direct discretionary distributions to or for such trustee or trust director and whose exercise of such power is not so limited or prohibited. If the power of all trustees or trust directors is so limited or prohibited, the court may appoint a special fiduciary with authority to exercise the power. (c) Subsection (a) of this Code section shall not apply to: (1) A power held by the settlor's or donor's spouse who is the trustee or trust director of a trust for which a marital deduction, as defined in Section 2056(b)(5) or 2523(e) of the federal Internal Revenue Code of 1986, was previously allowed; (2) Any trust during any period that the trust may be revoked or amended by its settlor; (3) A trust if contributions to such trust qualify for the annual exclusion under Section 2503(c) of the federal Internal Revenue Code of 1986; or (4) Any portion of a trust over which the trustee or trust director is expressly granted in the trust instrument a presently exercisable or testamentary general power of appointment. (d)(1) If a beneficiary of a trust, in an individual, fiduciary, or other capacity, removes and appoints a successor trustee or trust director who would be related or subordinate to the beneficiary within the meaning of Section 672(c) of the federal Internal Revenue Code if the beneficiary were a grantor, the successor trustee or trust director's discretionary powers shall be limited as follows:
(A) The trustee or trust director's discretionary power to make distributions to or for the benefit of that beneficiary is limited to an ascertainable standard; (B) The trustee or trust director's discretionary power shall not be exercised to satisfy any of that beneficiary's legal obligations for support or other purposes; and (C) The trustee or trust director's discretionary power shall not be exercised to grant to the beneficiary a general power to appoint property of the trust to the beneficiary, the beneficiary's estate, or the creditors thereof within the meaning of Section 2041 of the federal Internal Revenue Code. (2) This subsection shall not apply if the appointment of the trustee or trust director by the beneficiary may be made only in conjunction with another person having a substantial interest in the property of the trust subject to the power that is adverse to the exercise of the power in favor of the beneficiary within the meaning of Section 2041 (b)(1)(C)(ii) of the federal Internal Revenue Code."

SECTION 87. Said title is further amended by revising subsection (d) of and by adding a new subsection to Code Section 53-12-301, relating to actions for breach of trust, to read as follows:

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"(d) If the settlor of a trust provides for both charitable and noncharitable purposes, the settlor or a donor may maintain a civil action to enforce the charitable purposes of the trust. (e) The provision of remedies for breach of trust shall not prevent resort to any other appropriate remedy provided by statute or common law."

SECTION 88. Said title is further amended by revising subsection (a) of Code Section 53-12-307, relating to limitation of actions, as follows:
"(a) Unless a claim is previously barred by adjudication, consent, limitation, or otherwise, if a beneficiary was sent a written report that adequately disclosed the existence of a claim against the trustee for a breach of trust, the claim shall be barred as to that beneficiary unless a proceeding to assert the claim is commenced within two years after the date the beneficiary was sent such report. A report adequately discloses existence of a claim if it provides sufficient information so that the beneficiary knows of such claim or reasonably should have inquired into the existence of such claim. If the beneficiary was not sent a report that adequately disclosed the existence of a claim against the trustee for a breach of trust, such claim shall be barred as to that beneficiary unless a proceeding to assert such claim is commenced within six years after the beneficiary discovered, or reasonably should have discovered, the subject of such claim."

SECTION 89. Said title is further amended by revising subsection (a) of Code Section 53-12-320, relating to nonresidents acting as trustees, as follows:
"(a) Any nonresident who is eligible to serve as a trustee under Code Section 7-1-242, Part 1 of Article 11 of this chapter, or other applicable law may act as a trustee in this state pursuant to the terms of this Code section."

SECTION 90. Said title is further amended by revising subsection (a) of Code Section 53-12-321, relating to foreign entities acting as trustees, as follows:
"(a) Any foreign entity may act in this state as a trustee, trust director, personal representative, temporary administrator, conservator, or guardian, or in any other like or similar fiduciary capacity, whether the appointment is by law, will, deed, inter vivos trust, security deed, mortgage, deed of trust, court order, or otherwise without the necessity of complying with any law of this state relating to the qualification of foreign entities to do business in this state or the licensing of foreign entities to do business in this state, except as provided in this article, and notwithstanding any prohibition, limitation, or restriction contained in any other law of this state, provided only that the foreign entity is authorized to act in the fiduciary capacity in the state in which it is chartered or licensed or, if the foreign entity is a national banking association, in the state in which it has its principal place of business."

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SECTION 91. Said title is further amended by revising subsection (c) of Code Section 53-12-323, relating to filing statement with Secretary of State and appointment of agent for service, as follows:
"(c) Any foreign entity that acts as a trustee or trust director in this state shall be deemed to have consented to service upon the Secretary of State of any summons, notice, or process in connection with any action or proceeding in the courts of this state growing out of or based upon any act or failure to act on the part of the trustee or trust director unless the trustee or trust director shall designate as the agent for such service some person who may be found and served with notice, summons, or process in this state by a designation to be filed, from time to time, in the office of the Secretary of State, giving the name of the agent and the place in this state where the agent may be found and served."

SECTION 92. Said title is further amended by revising subsections (b), (g), and (j) of Code Section 53-12-362, relating to conversion to unitrust, as follows:
"(b)(1) The trustee may petition the court to order the conversion to a unitrust. (2) A beneficiary may request a trustee to convert to a unitrust. If the trustee does not convert, the beneficiary may petition the court to order the conversion. (3) The court shall order conversion if such court concludes that the conversion will enable the trustee to better carry out the intent of the settlor or testator and the purposes of the trust." "(g) The trustee or, if the trustee declines to do so, a beneficiary may petition the court to: (1) Select a payout percentage different from 4 percent but not lower than 3 percent or higher than 5 percent; (2) Provide for a distribution of net income, as would be determined if the trust were not a unitrust, in excess of the unitrust distribution if such distribution is necessary to preserve a tax benefit; (3) Average the valuation of the trust's net assets over a period other than three years; or (4) Reconvert from a unitrust. Upon a reconversion, the power to adjust under Code Section 53-12-361 shall be revived." "(j)(1) If paragraph (3) or (4) of subsection (i) of this Code section applies to a trustee and there is more than one trustee, a cotrustee to whom such provision does not apply may convert the trust unless the exercise of the power by the remaining trustee is prohibited by the governing trust instrument. (2) If paragraph (3) or (4) of subsection (i) of this Code section applies to all the trustees, the trustees may petition the court to direct a conversion."

SECTION 93. Said title is further amended by revising paragraphs (2) and (3) of Code Section 53-12-500, relating to definitions regarding trust directors, as follows:

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"(2) 'Power of appointment' means a power that enables a person, acting in a nonfiduciary capacity, to:
(A) Designate a recipient of either an ownership interest in or another power of appointment over trust property; (B) Rescind or terminate either an ownership interest in or another power of appointment over trust property; or (C) Determine when a beneficiary shall have the rights granted under Code Sections 53-12-242 and 53-12-243 or similar rights granted under the trust instrument. (3) 'Power of direction' means a power over a trust granted to a person by the trust instrument to the extent the power is exercisable in a capacity other than as a trustee. Such term includes a power over the administration of the trust or the investment, management, or distribution of the trust property; a power to consent to a trustee's actions, whether through exercise of an affirmative power to consent or through nonexercise of a veto power over a trustee's actions, where a trustee may not act without such consent; and all further powers appropriate to the exercise or nonexercise of such powers held by the trust director pursuant to subsection (a) of Code Section 53-12-502. Such term shall exclude the powers described in subsection (b) of Code Section 53-12-501 and the power of a person designated in a trust instrument to receive notice and provide consent pursuant to paragraph (6) of subsection (f) of Code Section 53-12-8."

SECTION 94. Said title is further amended by revising paragraph (5) of subsection (b) of Code Section 53-12-501, relating to application of article and construction of trust instrument, as follows:
"(5) A power over a trust if both: (A) The trust instrument provides such power is held in a nonfiduciary capacity; and (B) Such power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives."

SECTION 95. Said title is further amended by revising Code Section 53-12-506, relating to statutory provisions applicable to trust directors, defenses available to trust directors, personal jurisdiction, and term "trustee" includes trust director where required or permitted, as follows:
"53-12-506. (a) An individual shall be eligible to serve as a trust director regardless of citizenship or residency. If the trust director is a corporation, partnership, or other entity, it shall be required to have the power to act as a trustee in Georgia. (b) The rules applicable to a trustee apply to a trust director regarding:
(1) Jurisdiction under Code Section 53-12-6;

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(2) All matters governed by Article 11 of this chapter, including, but not limited to, appointment and acceptance, compensation, and resignation and removal; and (3) Accounting under Article 12 of this chapter."

SECTION 96. Said title is further amended by adding a new article to Chapter 12, relating to trusts, to read as follows:

"ARTICLE 19

53-12-510. As used in this article, the term:
(1) 'Electronic' means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (2) 'Electronic address' means a unique username or other identifier, commonly expressed as a string of characters or numbers, at which information may be received by electronic means and shall include, but shall not be limited to, an email or internet address, and any other information system or portion thereof, designed for the exchange of information among parties. (3) 'Electronic portal' means a website or other similar electronic service through which a person may retrieve information. (4) 'Electronic record' means a record created, generated, sent, communicated, received, or stored by electronic means. (5) 'Electronic signature' means an electronic symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. (6) 'Information' includes data, text, images, codes, computer programs, software, and data bases. (7) 'Record' means information:
(A) Inscribed on a tangible medium; or (B) Stored in an electronic or other medium and retrievable in perceivable form. (8) 'Security procedure' means a procedure applied to verify that an electronic signature, record, or performance is that of a specific person or to detect a change or error in an electronic record. Such term includes a procedure that uses an algorithm, code, identifying word or number, encryption, or callback or other acknowledgment procedure. (9) 'Sign' means, with present intent to authenticate or adopt a record: (A) Execute or adopt a tangible symbol; or (B) Attach to or logically associate with the record an electronic signature.

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53-12-511. (a) This Code section shall govern notice to a person or the sending of a record to a person under this chapter, under the provisions of a trust instrument, or with respect to any matter involving a trust. This Code section shall not govern whether notice or the sending of a record complied with any duties relating to the privacy, confidentiality, or security of a notice or record. (b) Notice to a person or the sending of a record to a person shall be accomplished in a manner that is likely to result in receipt of the notice or record and reasonably suitable under the circumstances. (c) Without limitation, the manner of notice to a person or the sending of a record to a person shall be presumed likely to result in receipt of the notice or record, unless proven otherwise by clear and convincing evidence, if accomplished by:
(1) Personal delivery; (2) Registered or certified mail or statutory overnight delivery to either the person's last known place of residence or place of business or the address last used by the person to receive notices or records; (3) An electronic address the person has consented to use to receive notices or records; or
(4)(A) An electronic portal if: (i) The person has been granted access to an electronic portal and informed that notices and records will be made available in the electronic portal; (ii) The notice or record is made available in the electronic portal; (iii) Concurrently with or subsequently to the notice or record being made available in the electronic portal, the person is notified that one or more notices or records have been made available in the electronic portal; and (iv) For a period of at least 90 days after the date on which the person was notified as provided in division (iii) of this subparagraph, the person's access to the electronic portal is not terminated without his or her consent and the notice or record remains available in the electronic portal.
(B) If the person objects to notices or the sending of records by means of an electronic address or electronic portal, then notice or the sending of a record by such means shall not be presumed likely to result in receipt of the notice or record. (d) If a record was sent to a beneficiary solely by means of an electronic portal and the existence of a claim would not have been adequately disclosed to the beneficiary for purposes of Code Section 53-12-307 but for the sending of the record, the running of the limitations period under Code Section 53-12-307 for such claim shall be tolled if the beneficiary's access to the electronic portal is terminated without his or her consent or the record is no longer available in the electronic portal; provided, however, that the period shall not be tolled if, within 30 days after such event, the beneficiary is notified of an alternative means by which to obtain the record. If the limitations period is tolled, the

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period shall recommence on the date on which the record is resent to the beneficiary, whether by means of an electronic portal or otherwise.
(e)(1) For purposes of subsections (c) and (d) of this Code section: (A) Without limitation, a person consents to the use of an electronic address to receive notices and records from: (i) Any person with respect to any matter involving a particular trust, by providing the electronic address to any other person to be used to receive notices and records with respect to any matters involving such trust, regardless of whether such other person is the person providing notice or sending the record; and (ii) A particular person with respect to any matter involving any trust, by providing the electronic address to such person to receive such notices and records with respect to any matters involving a trust, regardless of whether such trust is the trust to which the notice or record relates; and (B) The use of an electronic address by a person with respect to any matter involving a trust shall constitute a provision of the electronic address with respect to the trust under division (i) of subparagraph (A) of this paragraph and the use of an electronic address to communicate with another person with respect to any matter involving a trust shall constitute a provision of the electronic address to the other person under division (ii) of subparagraph (A) of this paragraph.
(2) Requiring a person to take steps to activate his or her account in an electronic portal or take other similar actions to establish access to an electronic portal shall not prevent the person from having been granted access to the electronic portal. (3) A notice or record shall not be considered to have been made available in an electronic portal unless a person who has been granted access to the electronic portal can download or otherwise preserve a copy of the notice or record outside of the electronic portal. (4) If a notice or record is made available in an electronic portal but the notice required by division (c)(4)(A)(iii) of this Code section is not provided to a person who has been granted access to the electronic portal, such notice shall be deemed provided to such person on the next date on which the person accesses the electronic portal. (5) A person's access to an electronic portal shall not be considered to have been terminated without his or her consent solely because such person is required to change or reset his or her password or take other similar actions to preserve his or her access. (f) With respect to whether notice or the sending of a record to a person was reasonably suitable under the circumstances: (1) For purposes of Code Section 53-12-307 providing for the limitation of actions, the sending of a record to a person in a manner that is likely to result in receipt shall be presumed to have been accomplished in a manner that was reasonably suitable under the circumstances unless proven otherwise by clear and convincing evidence; and (2) For all other purposes, whether notice or the sending of a record to a person was accomplished in a manner reasonably suitable under the circumstances shall be

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determined, without limitation, in the context of the subject matter of the notice or record, the length of any time period imposed with respect to notice or sending of the record, the circumstances of the person, the sender's knowledge of those circumstances, and when actual receipt, if any, occurred. (g) Notice to a person or the sending of a record to a person shall be deemed: (1) To have been accomplished on the date such person has actual knowledge of the contents of the notice or record; and (2) Not to have been accomplished if the person providing notice or sending a record has actual knowledge the person did not receive the notice or record. (h) Notice or the sending of a record to a person otherwise required under this chapter or the trust instrument: (1) Need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee, trust director, or other person required to provide the notice or send the record; and (2) May be waived by the person to be notified or sent the record. (i) An action by a trustee, trust director, or other person authorized under this chapter or a trust instrument to act with respect to any matter involving a trust shall not be ineffective because of a failure to provide notice required under this chapter or the trust instrument if such person acted with reasonable care to comply with this Code section. (j) Notice of a judicial proceeding shall be provided as required by the applicable rules of civil procedure. (k) This Code section shall be construed and applied to be consistent with reasonable practices concerning the use of electronic addresses and electronic portals to provide notice and send records for matters involving trusts and the continued expansion of those practices.

53-12-512. (a) This Code section shall apply to all records and signatures relating to trusts, except a writing and signature creating or declaring an express trust under Code Section 53-12-20, including, but not limited to:
(1) Exercises, delegations, determinations, releases, waivers, renunciations, disclaimers, and all other actions related to powers and rights granted under this chapter or a trust instrument; (2) Notices and records required to be provided or sent by this chapter or the provisions of a trust instrument, including, but not limited to, notices under Code Section 53-12-242, reports and accounts under Code Section 53-12-243, and accountings under Article 12 of this chapter; (3) Binding nonjudicial settlement agreements under Code Section 53-12-9 or other applicable law, including agreements that modify a trust instrument; (4) Notices of a trustee's decision to exercise the power to distribute income or principal of a trust under Code Section 53-12-62 or other applicable law;

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(5) Consents to actions by and the release from liability of a trustee or trust director; (6) Reports described in Code Section 53-12-307; and (7) Certifications of a trust under Code Section 53-12-280. (b) This Code section shall be construed and applied to facilitate electronic records and electronic signatures consistent with other law and to be consistent with reasonable practices concerning electronic records and electronic signatures and continued expansion of those practices. (c) This Code section shall not invalidate an electronic record or electronic signature that is valid under other applicable law. (d)(1) A record or signature shall not be denied legal effect or enforceability solely because it is in electronic form. (2) If other laws of this state or a trust instrument require a record to be in writing, an electronic record satisfies the requirement. (3) If other laws of this state or a trust instrument require a signature to be in writing, an electronic signature satisfies the requirement. (e)(1) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including, but not limited to, showing the efficacy of a security procedure applied to determine the person to which the electronic record or electronic signature was attributable. (2) The effect of attribution to a person under paragraph (1) of this subsection of a record or signature shall be determined from the context and surrounding circumstances at the time of its creation, execution, or adoption and as provided by other law. (f) If other laws of this state or a trust instrument require a record or signature to be acknowledged or notarized, the requirement shall be satisfied if the signature of the individual performing the acknowledgement or notarization, together with all other information required to be included under other laws of this state or the trust instrument, is attached to or logically associated with the electronic record or electronic signature. (g) A person may create a certified paper copy of an electronic record by affirming under penalty of perjury that the paper copy is a complete and accurate copy of the record. (h) If other laws of this state or a trust instrument require a record to be retained, transmitted, copied, or filed: (1) The requirement shall be satisfied by retaining, transmitting, copying, or filing an electronic record that:
(A) Accurately reflects the information in the record after it was first generated in final form as an electronic record or as a certified paper copy under this Code section; and (B) Remains accessible to the extent required by the other laws of this state or a trust instrument; (2) The requirement to retain a record shall not apply to information the sole purpose of which is to enable the record to be sent, communicated, or received; (3) A person may satisfy paragraph (1) of this subsection by using the services of another person;

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(4) A requirement that a record be presented or retained in its original form shall be satisfied by an electronic record retained in accordance with this subsection; and (5) This subsection shall not preclude a governmental agency from specifying requirements for the retention of a record subject to the agency's jurisdiction in addition to those in this subsection. (i) Evidence relating to a record or a signature may not be excluded in a judicial proceeding solely because it is in electronic form.

53-12-513. The provisions of this chapter conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7002, and supersede, modify, and limit the requirements of such act."

SECTION 97. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

__________

STATE GOVERNMENT DEPARTMENT OF AGRICULTURE; UNIVERSITY SYSTEM OF GEORGIA; CENTER FOR RURAL PROSPERITY AND INNOVATION; TRANSFER; GEORGIA RURAL DEVELOPMENT COUNCIL.

No. 311 (House Bill No. 495).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to repeal Chapter 18, relating to the Center for Rural Prosperity and Innovation; to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to transfer the Center for Rural Prosperity and Innovation to the Department of Agriculture; to provide for a director; to provide for the Georgia Rural Development Council; to provide for duties and satellite offices; to provide for reporting and approval of plans of work; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by repealing Chapter 18, relating to the Center for Rural Prosperity and Innovation, in its entirety.

SECTION 2. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by adding a new chapter to read as follows:

"CHAPTER 24

2-24-1. (a) Effective July 1, 2025, the Center for Rural Prosperity and Innovation shall be transferred from the University System of Georgia to the department and shall be located within an appropriate facility.
(b)(1) The director of the Center for Rural Prosperity and Innovation shall be appointed by the Commissioner, provided that such appointment shall be subject to approval by a majority vote of the Georgia Rural Development Council. The director shall continue to serve in such position until his or her resignation or until the appointment of a new director by the Commissioner, provided that such appointment is approved by a majority vote of such council. (2) Subject to appropriations, the director shall be authorized to employ such personnel as are necessary to carry out the provisions of this chapter.

2-24-2. (a) The Center for Rural Prosperity and Innovation shall include a council, to be known and designated as the Georgia Rural Development Council, that shall offer guidance to the Center for Rural Prosperity and Innovation. (b) The Georgia Rural Development Council shall be composed of 12 members who shall be appointed as follows:
(1) Six members shall be appointed by the Governor which six members, by majority vote, shall appoint one of such members to serve as the chairperson of the council. Each of the six shall be selected to represent one of the following areas:
(A) Leadership management; (B) Business development and entrepreneurship; (C) Finance and taxes; (D) Logistics of rural industries; (E) Healthcare; and (F) Education; (2) Three members who live in different geographic areas of this state from each other shall be appointed by the Speaker of the House of Representatives; and

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(3) Three members who live in different geographic areas of this state from each other shall be appointed by the President of the Senate. (c)(1) Legislative members who are appointed to the council shall serve for two-year terms. Nonlegislative members shall serve for four-year terms, provided that three of the initial six members to be appointed by the Governor shall serve initial terms of two years, and thereafter such appointments shall be for four-year terms. (2) Members may serve consecutive terms without limit. (d) The council shall study the conditions, needs, issues, and problems affecting rural economic development and shall examine related policy areas as it may deem necessary and appropriate, including, but not limited to, population studies, access to healthcare, infrastructure, education, unemployment, and economic growth incentives. (e) The chairperson shall call all meetings of the council. The council shall meet at least once per quarter and each such meeting shall be at a different location within this state, particularly in rural areas of this state, for the purpose of interacting with local government officials, educational leaders, healthcare providers, business leaders, civic groups, and all other citizens who desire to offer input, so as to enable the council to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this chapter. (f)(1) Legislative members of the council shall receive the allowances provided for in Code Section 28-1-8. (2) Members of the council who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the council, but they may be reimbursed for expenses incurred by them in the performance of their duties as members of the council in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. (3) Citizen members of the council shall receive a daily expense allowance in an amount the same as that specified in subsection (b) of Code Section 45-7-21, as well as the mileage or transportation allowance authorized for state employees. (4) The allowances and expenses authorized by this subsection shall not be received by the chairperson for more than 15 days and any other member of the council for more than ten days per year. Funds necessary to carry out the provisions of this Code section shall come from appropriated funds; provided, however, that funds for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective agencies.

2-24-3. (a) It shall be the duty of the Center for Rural Prosperity and Innovation to provide a central information and research hub for rural matters and best practices which may include:
(1) Community planning models for proactively identifying value added gaps or strengths; and

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(2) Industry-specific assistance. (b) The Center for Rural Prosperity and Innovation may establish such satellite offices as are necessary to accomplish its mission.

2-24-4. (a) The Center for Rural Prosperity and Innovation shall annually prepare and submit to the General Assembly, for review by the House of Representatives' and the Senate's standing committees on agriculture and economic development, a plan of work that outlines the use of the Center for Rural Prosperity and Innovation's resources for the upcoming fiscal years. (b) Said committees may, by majority vote, approve the plan and submit recommendations to the Senate Appropriations Committee and the House Committee on Appropriations for their consideration in developing the budget."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

__________

PENAL INSTITUTIONS CORRECTIONAL INSTITUTIONS OF STATE AND COUNTIES; CONSENT FOR THE RELEASE OF CERTAIN CRIMINAL HISTORY, VOCATIONAL, AND EDUCATIONAL INFORMATION FOR INMATES UPON RELEASE; PROVIDE.

No. 312 (Senate Bill No. 147).

AN ACT

To amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally relative to correctional institutions of state and counties, so as to provide consent for the release of certain criminal history, vocational, and educational information for inmates upon release; to provide for issuance of an identification card and a Program and Treatment Completion Certificate; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally relative to correctional institutions of state and counties, is amended in Code Section 42-5-64, relating to educational programming and information provided to released prisoners, by revising subsections (e) through (g) and adding a new subsection to read as follows:
"(e) When a person is released from confinement from the department, the department shall, upon request from an eligible person, who is not an illegal alien as defined in Code Section 16-11-201, provide such person with the relevant documentation to assist him or her in obtaining post-release employment and shall coordinate with the Department of Driver Services to provide a state issued identification card pursuant to Code Section 40-5-107 if such person does not have a current state issued identification card or driver's license. The department may also include a Program and Treatment Completion Certificate, if such person is eligible. (f) For purposes of assisting an inmate in obtaining post-release employment, the department shall, upon request from an eligible person, provide the inmate with the following documentation upon such person's release:
(1) A copy of the vocational training record of the inmate, if applicable; (2) A copy of the work record of the inmate, if applicable; (3) A certified copy of the birth certificate of the inmate, if obtainable; (4) A social security card or a replacement social security card for the inmate, if obtainable; (5) A resume that includes any trade learned by the inmate and such inmate's proficiency at such trade; (6) Documentation that the inmate has completed a practice job interview; and (7) A notification to the inmate if he or she is eligible to apply for a license from a state entity charged with oversight of an occupational license or certification. (g) The following categories of inmates are not required to complete resumes or practice job interviews prior to their release from incarceration: (1) Inmates 65 years of age or older; (2) Inmates releasing to medical reprieve or discharging from a prison infirmary setting; (3) Inmates releasing to the custody of another jurisdiction on a warrant or detainer; and (4) Inmates that the department determines would be physically or mentally unable to return to the workforce upon release from incarceration. (h) The commissioner and other relevant state agencies shall be authorized to promulgate rules and regulations necessary to carry out the provisions of this Code section."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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EDUCATION "QUALITY BASIC EDUCATION ACT"; DISCLOSURE OF PUBLIC STUDENT DIRECTORY INFORMATION TO POLITICAL
CANDIDATES OR PERSONS OR GROUPS ACTING ON THEIR BEHALF; PROHIBIT.

No. 313 (Senate Bill No. 212).

AN ACT

To amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," so as to prohibit the disclosure of public student directory information to political candidates, campaign committees, political action committees, political organizations, or persons or groups acting on their behalf; to require written attestations under certain circumstances; to amend Article 15 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to miscellaneous offenses relative to elections and primaries, so as to prohibit the disclosure of confidential voter registration information to unauthorized persons; to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions for government transparency and campaign finance, so as to prohibit political candidates, campaign committees, or political action committees from soliciting minors to fraudulently organize campaign events on school property when such events are otherwise prohibited; 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 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," is amended by revising Code Section 20-2-310, relating to student directory information, registering to vote and with selective service, and pledge of allegiance, as follows:
"20-2-310. (a) Any local school system or public school at the secondary level which provides access to school property or to student directory information to persons or groups which make students aware of occupational or educational options shall provide access to school property and student directory information on at least the same basis to official recruiting representatives of the military forces of the state and the United States for the purpose of informing students of educational and career opportunities available in the military. (b) No local school system, public school, or any person acting on behalf of a local school system or public school shall disclose or otherwise provide access to student directory information to any candidate or campaign committee, as such terms are defined in Code

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Section 21-5-3, any political action committee or political organization, as such terms are defined in Code Section 21-5-30.2, or any person or group acting on behalf of such candidate, campaign committee, political action committee, or political organization. (c) Each eligible student in the public schools of this state shall be apprised of his or her right to register as an elector and to vote in elections and of any obligation to register with the Selective Service System. Each eligible student shall be given an opportunity, arranged by the school administration, to register to vote at his or her school during the month of April of each year. An excused absence of a student to register or vote, at the discretion of the local unit of administration, shall not exceed one school day. (d) Each person who, while located on public school property in this state apprises one or more public school students of their:
(1) Right to register as an elector and to vote in elections and who arranges for or assists one or more public school students to register to vote; or (2) Obligation to register with the Selective Service System and who arranges for or assists one or more public school students with such registration; shall attest in writing that he or she will not provide any student directory information to any candidate or campaign committee, as such terms are defined in Code Section 21-5-3, any political action committee or political organization, as such terms are defined in Code Section 21-5-30.2, or any person or group acting on behalf of such candidate, campaign committee, political action committee, or political organization. The requirements of this subsection shall not apply to a public school administrator, teacher, or other school personnel while engaged in the performance of official duties, or to persons on public school property to attend or participate in an event that is open to the general public. (e)(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. (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. (f) The State Board of Education shall promulgate rules and regulations to carry out this Code section."

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SECTION 2. Article 15 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to miscellaneous offenses relating to elections and primaries, is amended by revising Code Section 21-2-561, relating to false registration, as follows:
"21-2-561. Any person who:
(1) Registers as an elector knowing that such elector does not possess the qualifications required by law; (2) Registers as an elector under any other name than the elector's own name; (3) Knowingly gives false information when registering as an elector; or (4) Discloses to an unauthorized person any information that is exempted from public inspection pursuant to Code Section 21-2-225 or is confidential pursuant to Code Section 21-2-225.1 shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both."

SECTION 3. Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions for government transparency and campaign finance, is amended by adding a new Code section to read as follows:
"21-5-16. No candidate, campaign committee, or political action committee shall solicit any individual under the age of 18 years to fraudulently organize an event on the property of any local school system when the purpose of such event is influencing the nomination for election or election of any person for office, bringing about the recall of a public officer holding elective office or opposing the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in this state or in a county or a municipal election in this state when such event is otherwise prohibited by law or by policy of the local school system or an individual school 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 May 14, 2025.

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GENERAL ASSEMBLY AUTHORIZATION OF STATUTORY INVESTIGATORY POWERS TO CERTAIN COMMITTEES OF THE GENERAL ASSEMBLY; CODIFY A PROCESS.

No. 314 (Senate Bill No. 255).

AN ACT

To amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the General Assembly, so as to codify a process for the authorization of statutory investigatory powers to certain committees of the General Assembly; to provide for oaths and subpoena powers related to such investigatory powers; to provide for confidentiality of certain materials; to explicitly preserve any authority, immunity, privilege, or power granted to or possessed by the General Assembly or its members; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the General Assembly, is amended by adding a new Code section to read as follows:
"28-1-17. (a) The Senate or the House of Representatives may, through rules of procedure or resolution, authorize one or more committees of such chamber to exercise the investigatory powers provided for in Code Section 45-15-19. The Senate and the House of Representatives may, through joint resolution or joint rules of procedure, authorize one or more joint committees to exercise the investigatory powers provided for in Code Section 45-15-19. (b) For the purpose of conducting any investigation, a committee that has been authorized to exercise investigatory powers pursuant to subsection (a) of this Code section shall have the power to administer oaths; to call any party to testify under oath at such investigation; to require the attendance of witnesses and the production of books, records, and papers; and to take the depositions of witnesses. For such purposes, the committee is authorized to issue a subpoena for any witness or a subpoena to compel the production of any books, records, or papers consistent with the rules of procedure or resolution enabling such committee. A subpoena issued under this Code section may be served at any place in this state and in any manner authorized in Code Section 24-13-24. (c) When authorized by the rules of procedure or resolution enabling such committee, the confidential treatment of material and information in the course of investigations and other

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proceedings of such committee shall be recognized by law. Such confidential treatment shall be preserved in proceedings under this Code section and as provided in paragraph (2) of subsection (d) of this Code section.
(d)(1) In case of refusal to obey a subpoena issued under this Code section to any person and upon application by the committee that has been authorized to exercise investigatory powers pursuant to subsection (a) of this Code section, the superior court in whose jurisdiction the witness is to appear or in which the books, records, or papers are to be produced may issue to that person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court. (2) If the application for a subpoena requests confidential treatment, the court shall take any and all steps necessary or appropriate to preserve the confidentiality of the application. The court may, but shall not be required to, issue the subpoena in such a manner as to preserve its confidentiality. If the court determines that a subpoena may be issued but confidential treatment is not warranted under the rules of procedure or resolution enabling such committee, the judge shall so notify the chairperson or acting chairperson; and the chairperson or acting chairperson shall then have the option to:
(A) Abandon the request for a subpoena, in which case the application shall remain confidential; or (B) Accept the determination of the court, in which case the subpoena shall issue, but the application and the issuance shall not be treated as confidential. (e) Nothing in this Code section, Code Section 28-1-16, Code Section 45-15-17, or Code Section 45-15-19, or in any other section of this Code, is intended to, or shall be interpreted as, abrogating, modifying, superseding, or in any other way limiting any authority, immunity, privilege, or power granted to or possessed by the General Assembly, the Senate, the House of Representatives, any committee of either chamber, any joint committee, and the members thereof, whether explicitly or implicitly, by the Constitution, the rules of procedure of either chamber, statutory law, decisional law, or common law and the General Assembly expressly intends to preserve all such authority, immunity, privilege, and power. Nor is this Code section in any way intended to, or shall be interpreted as, abrogating, modifying, superseding, or in any limiting any investigations by, or powers of, any committees of the Senate or the House of Representatives that were authorized, or to any subpoenas issued by or other actions taken by any such committee, prior to the effective date of this Code section."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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PROPERTY REQUIRE CERTAIN RESIDENTIAL LANDLORDS TO HAVE IN-STATE STAFF TO MANAGE TENANT COMMUNICATIONS.

No. 315 (House Bill No. 399).

AN ACT

To amend Article 2 of Chapter 74 of Title 36 of the Official Code of Georgia Annotated, relating to local enforcement boards created on or after January 1, 2003, so as to require that certain information regarding the property managers of certain properties is provided upon request of a code enforcement officer; to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlords and tenants in general, so as to require certain residential landlords to have in-state staff to manage tenant communications related to such properties; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to revise provisions related to persons exempted from such chapter; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 74 of Title 36 of the Official Code of Georgia Annotated, relating to local enforcement boards created on or after January 1, 2003, is amended in Code Section 36-74-30, relating to other enforcement methods and probable cause for investigation required, by revising subsection (b) as follows:
"(b) No local government is authorized to perform investigations or inspections of residential rental property unless there is probable cause to believe there is or has been a violation or violations of applicable codes, and in no event may a local government require the registration of residential rental property. Conditions which appear to be code violations which are in plain view may form the basis for probable cause. If there is probable cause to believe that there is or has been a violation or violations of applicable codes on such a property managed by a person licensed pursuant to Chapter 40 of Title 43, upon request of a code enforcement officer, the tenant of such property shall provide the name, license number, and contact information for the property manger."

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SECTION 2. Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlords and tenants in general, is amended by adding a new Code section to read as follows:
"44-7-25. (a) Any landlord that is not a resident of this state that owns or operates single-family or duplex residential rental properties in this state shall employ a broker licensed pursuant to Chapter 40 of Title 43, that may or may not reside within this state. If the broker does not reside within this state, the broker shall employ at least one person, to be located within this state, who shall be responsible for receiving, coordinating, managing, and responding to communications from tenants of such landlord related to maintenance and other issues related to such properties. (b) The exemptions set forth in paragraphs (7) and (8) of subsection (a) of Code Section 43-40-29 shall not apply to any landlord that is not a resident of this state that owns or operates single-family or duplex residential rental properties as provided for in subsection (a) of this Code section."

SECTION 3. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended in Code Section 43-40-29, relating to exceptions to operation of chapter, by revising subsection (a) as follows:
"(a) Except as otherwise provided, this chapter shall not apply to: (1) Any person who, as owner, as the spouse of an owner, as the family member of an owner, as that term is defined in rules promulgated by the Commission, as general partner of a limited partnership as an officer of a limited liability company, as lessor, or as prospective purchaser or their regular employees, performs any act with reference to property owned, leased, or to be acquired by such owner, limited partnership, lessor, or prospective purchaser where such acts are performed in the regular course of, or as incident to, the management of such property and the investment therein or any person who manages residential apartment complexes under a contract approved by any federal agency for an organization which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2, provided that such person was engaged in managing such property under such type contract prior to January 1, 1989; (2) An attorney in fact under a duly executed power of attorney to convey real estate from the owner or lessor; (3) A licensed practicing attorney acting solely as an incident to the practice of law; (4) Any person acting as receiver, trustee in bankruptcy, administrator, executor, or guardian or acting under a court order or under the authority of a will or of a trust instrument; (5) Any officer or employee of a government agency in the conduct of official duties;

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(6) Any person employed by a public or private utility who performs any act with reference to property owned, leased, or to be acquired by the utility employing that person, where such acts are performed in the regular course of, or as incident to, the management of such property and the investment therein; (7) Any person who, as owner, provides property management services or community association management services, buys, sells, leases, manages, auctions, or otherwise deals with property owned by such person; (8) Any person employed on a full-time basis by a community association for the purpose of providing community association management services; (9) Any person acting as a referral agent who is not involved in the actual negotiations, execution of documents, collection of rent, management of property, or other related activity which involves more than the mere referral of one person to another and who:
(A) Does not receive a fee for such referral from the party being referred; (B) Does not charge an advance fee; and (C) Does not act as a referral agent in more than three transactions per year; (10) Any individual employed by a broker to assist in property management services on property on which the broker has a written management agreement that the broker procured from and negotiated with the owner, provided that such individual's activities are explicitly authorized by the broker in a written agreement between the broker and the employee and provided that such activities are limited to one or more of the following: (A) Delivering a lease application, a lease, or any amendment thereto to any person; (B) Receiving a lease application, a lease, or any amendment thereto, a security deposit, rental payment, or any related payment for delivery to and made payable to the broker or the owner; (C) Showing a rental unit to any person, provided that the employee is acting under the direct instructions of the broker, and executing leases or rental agreements; (D) Providing information authorized by the broker about a rental unit, a lease application, or a lease; (E) Providing information to a tenant about the status of such tenant's security deposit or rent payments or to an owner about the owner's financial accounts and payments from the owner's tenants; and (F) Performing any ministerial acts that are explicitly authorized by the broker in a written agreement between the broker and the employee. Any broker utilizing the services of such an employee shall be held responsible under this chapter for the activities of that individual; (11) Any person who provides property management services on properties available for less than 90 days' occupancy by guests or occupants and meets all of the following conditions: (A) The property manager enters into a written agreement with the owner specifying all terms and conditions under which the property is to be managed, the reporting of income and expenses, and the remitting of income to the owner;

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(B) The management agreement between the property manager and the owner does not allow the property manager to rent or lease the property and any agreement between the property manager and the guest or occupant is not a lease or rental agreement; (C) Any applicable zoning laws do not prohibit short-term occupancy uses of the property; (D) The guest's or occupant's occupancy is for less than 90 days; (E) No deposit exceeds the cost of the rental required for the minimum rental period; (F) The guest or occupant pays any required state or local sales taxes or excise taxes on rooms, lodgings, and accommodations and the property manager has any required state or local business licenses or permits; (G) The property manager has the authority to specify rooms or units that the guest or occupant will occupy; (H) No extra charge is made for basic utilities; (I) Notice is not required for a guest or occupant to terminate occupancy of the room or unit, except as provided under the provisions of Article 1 of Chapter 21 of this title; and (J) The room or unit is not the permanent residence of the guest or occupant; (12) Any person who is a member of a community association and who provides community association management services only to one community association of which such person is a member; (13) Any person who performs only physical maintenance on a property; or (14) A licensed certified public accountant acting solely as an incident to the practice of public accounting."

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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EDUCATION LOCAL SCHOOL SYSTEMS OFFER CERTAIN EXAMS TO HOME STUDY STUDENTS; REQUIRE.

No. 360 (Senate Bill No. 63).

AN ACT

To amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to require that local school systems offer certain exams to home study students; to

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provide for notice requirements; to prohibit additional qualifications; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," is amended by adding a new Code section to read as follows:
"20-2-324.8. (a) As used in this Code section, the term 'home study student' means a student in grades six through 12 who is in a home study program that meets the requirements of subsection (c) of Code Section 20-2-690. (b) Each local school system that offers the PSAT/NMSQT, SAT, PreACT, ACT, or Armed Services Vocational Aptitude Battery or an advanced placement exam to students enrolled in such local school system shall:
(1) Make each such test or exam available to any home study student who resides in the local school system; and (2) Post on its public website notice of the date that each such test or exam will be administered. Such notice shall include registration dates and procedures and shall state that such test or exam is available for home study students who reside in the local school system. (c) No local school system that offers the PSAT/NMSQT, SAT, PreACT, ACT, or Armed Services Vocational Aptitude Battery or an advanced placement exam to students enrolled in such local school system shall require home study students to pay a fee not required of students enrolled in such local school system or impose any requirement that conflicts with or is in addition to the requirements of subsection (c) of Code Section 20-2-690."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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CRIMINAL PROCEDURE THE AWARD OF REASONABLE ATTORNEY'S FEES AND COSTS IN A CRIMINAL CASE TO THE DEFENDANT UPON SUCH DEFENDANT MAKING A SUCCESSFUL MOTION TO DISQUALIFY THE PROSECUTING ATTORNEY FOR MISCONDUCT IN CONNECTION WITH THE CASE; PROVIDE.

No. 361 (Senate Bill No. 244).

AN ACT

To amend Titles 17 and 28 of the Official Code of Georgia Annotated, relating to criminal procedure and General Assembly, respectively, so as to enact provisions relating to certain criminal prosecutions; to provide for the award of reasonable attorney's fees and costs in a criminal case to the defendant upon the disqualification of the prosecuting attorney for misconduct in connection with the case and the subsequent dismissal of the case by the court or a subsequent prosecutor; to provide for procedures for assessing and paying such fees and costs; to allow for wrongful conviction and incarceration compensation claims; to provide for a short title; to establish eligibility criteria; to provide for notice of claims; to require administrative law judges within the Office of State Administrative Hearings to hear and evaluate such claims; to provide for the burden of proof and evidence to be considered by an administrative law judge; to establish amounts of compensation that may be awarded; to require the release of claims prior to receiving an award of compensation; to establish the Wrongful Conviction and Incarceration Compensation Trust Fund; to provide for the payment of compensation awards from such trust fund; to provide for the waiver of sovereign immunity; to provide for rules and regulations; to require the Supreme Court of Georgia and the State Board of Pardons and Paroles to provide certain individuals with a copy of this Act; to provide for definitions; to exclude wrongful conviction and incarceration compensation claims from the purview of the Claims Advisory Board; to provide for related matters; 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:

PART I SECTION 1-1.

Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Chapter 11, relating to assessment and payment of costs of criminal proceedings, by adding a new Code section to read as follows:

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"17-11-6. (a) In the event that:
(1) The prosecuting attorney in a felony or misdemeanor criminal case is disqualified due to improper conduct on the part of such prosecuting attorney; and (2) Such criminal case is dismissed by the court or a subsequent prosecutor tasked with prosecuting such case following such disqualification; any defendant against whom such charges are dismissed shall be entitled to an award of all reasonable attorney's fees and costs incurred by the defendant in defending the case. (b) A defendant entitled to fees and expenses as provided in this Code section shall file a motion for reasonable attorney's fees and costs within 45 days of the final termination of the underlying criminal case. The judge to whom the criminal case was assigned shall consider and determine such motion for reasonable attorney's fees and costs without a jury and shall award such reasonable attorney's fees and costs as provided for under this Code section to such defendant. (c) Attorney's fees and costs awarded under this Code section shall be paid from the funds of the office of the prosecuting attorney as budgeted by the county or counties comprising the judicial circuit of such prosecuting attorney."

PART II SECTION 2-1.

Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by adding a new chapter to read as follows:

"CHAPTER 22

17-22-1. This chapter shall be known and may be cited as the 'Wrongful Conviction and Incarceration Compensation Act.'

17-22-2. As used in this chapter, the term:
(1) 'Alford plea' means a plea of guilty entered by a defendant while maintaining his or her innocence, as recognized by the United States Supreme Court in the case of North Carolina v. Alford, 400 U.S. 25 (1970). (2) 'Claimant' means an individual seeking compensation under this chapter for his or her wrongful conviction and incarceration. (3) 'Prosecuting district attorney' means the district attorney whose office prosecuted the claimant for the crime or crimes that resulted in the wrongful conviction and incarceration for which the claimant is seeking compensation under the provisions of this chapter.

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(4) 'State governmental entity' means any office, authority, agency, department, unit, division, instrumentality, institution, commission, board, branch, or other entity of state government.

17-22-3. (a) The Office of State Administrative Hearings, established pursuant to Code Section 50-13-40, shall have the sole and exclusive authority to consider claims of wrongful conviction and incarceration in accordance with the provisions of this chapter. (b) For purposes of considering claims of wrongful conviction and incarceration and awarding compensation pursuant to this chapter, an administrative law judge appointed pursuant to Code Section 50-13-40 shall be designated by the Office of State Administrative Hearings for each claim filed under this chapter. (c) Any such administrative law judge shall be authorized to determine:
(1) Whether a claimant qualifies for compensation under this chapter; and (2) The amount of compensation, if any, to be awarded under this chapter.

17-22-4. (a) A claim for compensation under this chapter shall:
(1) Be filed directly with the Office of State Administrative Hearings; (2) Except as provided in subsections (b) and (c) of this Code section, be filed within three years after the date of the acknowledgment obtained pursuant to Code Section 17-22-12, or within three years of July 1, 2025, whichever occurs later; (3) Be captioned 'In the Matter of the Wrongful Conviction of [Claimant];' and (4) Be served on the Attorney General and the prosecuting district attorney. (b) If, during the two years before the limitations period under paragraph (2) of subsection (a) of this Code section would otherwise expire, the claimant obtains new evidence of innocence that the claimant could not previously have obtained with reasonable diligence, the claimant may file a claim under this chapter within two years of the date on which the claimant obtains such new evidence. (c) If, after the limitations period under paragraph (2) of subsection (a) of this Code section has expired, the claimant obtains new evidence of innocence that the claimant could not previously have obtained with reasonable diligence, the claimant may file a claim under this chapter within two years of the date on which the claimant obtains such new evidence. (d) A claim for compensation may be brought under this chapter by the heirs at law or the legal representative of a deceased individual.

17-22-5. (a) To be eligible to receive compensation under this chapter, a claimant must establish by a preponderance of evidence to the administrative law judge that:
(1) The claimant was convicted of a felony by a court of this state and served all or part of the sentence for such felony;

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(2) The claimant did not commit the crime for which the claimant was convicted and did not commit any lesser included offense; and (3) One of the following apply to the claimant:
(A) The claimant's conviction was reversed or vacated and the charges against the claimant were dismissed after the conviction was reversed or vacated; (B) The claimant's conviction was reversed or vacated and the claimant was thereafter acquitted of the charges; (C) The claimant's conviction was reversed or vacated and the claimant thereafter entered an Alford plea or a plea of nolo contendere when the claimant would otherwise have been entitled to a new trial; or (D) The claimant received a pardon for the conviction based on the claimant's innocence. (b) In evaluating whether a claimant has met the requirements of subsection (a) of this Code section, an administrative law judge may, in the interest of justice, give due consideration to difficulties of proof caused by the passage of time, the death or unavailability of witnesses, the destruction of evidence, and other factors not caused by the claimant or those acting on the claimant's behalf. (c) Upon determining that a claimant meets the requirements of subsection (a) of this Code section, an administrative law judge shall award compensation to the claimant for wrongful conviction and incarceration in accordance with the provisions of this chapter; provided, however, that no compensation shall be awarded if the administrative law judge determines by a preponderance of the evidence that: (1) The claimant was an accomplice in the commission of the crime for which the claimant was convicted; or (2) For the purpose of protecting the true perpetrator from conviction, the claimant intentionally and voluntarily caused the conviction by entering a guilty plea, by committing perjury at trial, or by fabricating evidence at trial.

17-22-6. (a) Upon receiving a claim under this chapter filed and served in accordance with Code Section 17-22-4, the Office of State Administrative Hearings shall, within 15 days, designate an administrative law judge to adjudicate the claim and notify the claimant, the Attorney General, and the prosecuting district attorney of such designation. (b) Any such administrative law judge shall, within 180 days of being designated to adjudicate the claim, hold a hearing to determine if the claimant is eligible for compensation under this chapter, and if so, the amount of compensation to be awarded. The Attorney General and the prosecuting district attorney shall be entitled to file, within 30 days of such administrative law judge being designated to adjudicate the claim, a response in opposition to the claim and appear at the hearing for the purpose of contesting the claim.

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(c) At a hearing held pursuant to subsection (b) of this Code section on a claim filed under this chapter, the claimant, the Attorney General, or the prosecuting district attorney may present evidence in support of or in opposition to the claimant's eligibility for compensation under this chapter or regarding the amount of compensation that the claimant is entitled to pursuant to Code Section 17-22-7. The rules of evidence established in Code Section 50-13-15 shall apply in any such hearing held. (d) Within 30 days of holding a hearing under subsection (b) of this Code section, the administrative law judge shall issue a decision on the claimant's eligibility for compensation under this chapter and the amount of compensation to be awarded under Code Section 17-22-7, if any, which shall include a statement of the administrative law judge's findings and an explanation of the administrative law judge's calculation of any such compensation to be awarded. Within 30 days after the administrative law judge has issued such decision, the claimant, the Attorney General, or the prosecuting district attorney may appeal such decision by filing, in accordance with the provisions of Chapter 3 of Title 5, a petition for review in the Superior Court of Fulton County or in the superior court of the county in which the claimant was prosecuted for the crime or crimes leading to the wrongful conviction and incarceration, provided that such appeal shall be without a jury, shall be confined to the record, and nothing in this chapter shall preclude the appeal of any decision or order issued by such superior court during or upon the completion of its review of the decision issued by the administrative law judge. If no such appeal of the administrative law judge's decision is timely filed, such decision shall become final and the administrative law judge shall, subject to the limitation provided in subsection (e) of this Code section, issue a judgment either awarding compensation to the claimant or denying the claim. If such an appeal of the administrative law judge's decision is filed, the administrative law judge shall only issue a judgment when such appeal process is completed in accordance with any orders of the reviewing court. The issuance of a judgment after completion of such appeal process shall be subject to the limitation provided in subsection (e) of this Code section. (e) No claimant shall be entitled to compensation under this chapter, and no judgment awarding compensation to a claimant under this chapter shall be issued by an administrative law judge under subsection (d) of this Code section, unless and until the claimant has executed and filed with the Office of State Administrative Hearings a release and waiver, in a form and manner as the Office of State Administrative Hearings shall prescribe in consultation with the Department of Administrative Services, that releases, satisfies, acquits, and forever discharges any and all claims, demands, actions, causes of action, and damages, of every kind and nature whatsoever, past, present, or future, whether known or unknown, asserted or unasserted, that the claimant has or may claim to have against the state, any state governmental entity, or any current or former members, officers, employees, or agents of the state or any state governmental entity that arise out of or relate to any and all facts in connection with the claimant's wrongful conviction and incarceration. Nothing in this subsection shall be construed to require a claimant to release

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any claims, demands, actions, causes of action, or damages that the claimant may have or claim to have against any political subdivision of this state or any current or former members, officers, employees, or agents of any political subdivision of this state.

17-22-7. (a) A claimant that satisfies the requirements of and is entitled to compensation under Code Section 17-22-5 shall be awarded:
(1) For each year of incarceration, $75,000.00, provided that a prorated amount shall be allocated to any partial year of incarceration; (2) An additional $25,000.00 for each year of incarceration while awaiting a sentence of death based on the conviction at issue, provided that a prorated amount shall be allocated to any partial year of incarceration; (3) The reasonable and necessary attorney's fees, costs, and expenses incurred by the claimant or on the claimant's behalf in reversing or vacating the claimant's conviction, obtaining a pardon, and filing a claim for compensation under this chapter; and (4) Reimbursement for restitution, costs, fines, fees, or surcharges paid by or on behalf of the claimant as a result of the wrongful conviction at issue. (b) In calculating time of incarceration, an administrative law judge shall only include time served for the charge for which the claimant is making a claim under this chapter, consistent with the requirements of Code Section 17-10-11; provided, however, that a claimant shall not be entitled to compensation under this chapter for any portion of a sentence spent incarcerated during which the claimant was also serving a concurrent sentence of incarceration for another crime for which the claimant's conviction was not overturned and for which the claimant was not pardoned based on innocence, except to the extent that: (1) The sentence for that crime was longer than it would have been without consideration by the sentencing court of one or more of the crimes at issue; or (2) The intact conviction was based on an Alford plea or a plea of nolo contendere maintaining a claim of innocence that the claimant accepted to resolve the underlying case after the original conviction was overturned, and the claimant proves by a preponderance of the evidence that the claimant did not commit the crime that resulted in the Alford plea or the plea of nolo contendere. (c) If a claimant has received a monetary award or settlement in a civil action against the state, any state governmental entity, or any member, officer, employee, or agent of the state or a state governmental agency arising from or relating to the claimant's wrongful conviction and incarceration, such amount received by the claimant, less any attorney's fees, costs, and expenses paid by the claimant in obtaining the civil action award or settlement, shall be deducted from the amount of the compensation award to which the claimant is entitled under subsection (a) of this Code section. (d) Beginning on January 1, 2026, and each year thereafter, the Office of State Administrative Hearings, by rules and regulations, shall adjust the dollar amounts specified

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in subsection (a) of this Code section to reflect the effect of annual inflation or deflation on the cost of living that citizens of this state experienced in the prior calendar year. In making such adjustments, the Office of State Administrative Hearings may use the Consumer Price Index, or its successor or appropriate replacement index, if any, published by the Bureau of Labor Statistics of the United States Department of Labor.

17-22-8. (a) Any award of compensation made pursuant to this chapter shall not be:
(1) Subject to any monetary limitation of damages awarded in civil actions; (2) Subject to any state income taxes; or (3) Reduced by any expense related to the claimant's wrongful incarceration incurred by the state or any political subdivision thereof. (b) No attorney shall collect any fees, costs, or expenses from a claimant in connection with obtaining relief under this chapter, including any fees, costs, or expenses calculated on a contingency basis, except for the amounts awarded under paragraph (3) of subsection (a) of Code Section 17-22-7.

17-22-9. (a) There is created the Wrongful Conviction and Incarceration Compensation Trust Fund as a separate fund in the state treasury. The state treasurer shall credit to the trust fund all moneys appropriated by the General Assembly for the purpose of providing claimants with compensation under this chapter and shall invest the moneys held in the trust fund in the same manner in which state funds are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50. (b) No award of compensation issued under this chapter shall be payable except from the Wrongful Conviction and Incarceration Compensation Trust Fund. Nothing in this chapter shall be construed to authorize any execution or levy against any state property or state funds, and such execution or levy against any state property or state funds for purposes of paying compensation awards issued under this chapter is expressly prohibited. The liability of the state under this chapter shall never exceed the amount of funds available in the Wrongful Conviction and Incarceration Compensation Trust Fund and no award of compensation issued under this chapter shall be payable unless and until the General Assembly appropriates moneys for the payment thereof. (c) Subject to the availability of funds, any award of compensation issued under this chapter shall be paid out of the Wrongful Conviction and Incarceration Compensation Trust Fund as follows:
(1)(A) If the judgment awarding such compensation is issued by the administrative law judge pursuant to subsection (d) of Code Section 17-22-6 before September 1 of a given calendar year, the state treasurer shall pay to the claimant an initial sum of $6,000.00 within 60 days of such judgment being issued and such judgment being presented to the

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state treasurer for payment, and such initial sum shall be deducted from the total award amount. (B) If the judgment awarding such compensation is issued by the administrative law judge pursuant to subsection (d) of Code Section 17-22-6 on or after September 1 of a given calendar year, the state treasurer shall pay to the claimant an initial sum of $18,000.00 within 60 days of such judgment being issued and such judgment being presented to the state treasurer for payment, and such initial sum shall be deducted from the total award amount. (2) Thereafter, the General Assembly shall, through an amended appropriations Act for the current fiscal year for a judgment issued before September 1 of a given calendar year or through the general appropriations Act for the next fiscal year for a judgment issued on or after September 1 of a given calendar year, appropriate a sum sufficient to pay the remainder of the award of compensation; provided, however, that, for any award of compensation that exceeds $1.5 million, the General Assembly shall appropriate such sum in equal amounts over three separate fiscal years. Within 60 days of such appropriation being made and such funds being credited to the Wrongful Conviction and Incarceration Compensation Trust Fund, the state treasurer shall pay to the claimant the remainder of the award of compensation; provided, however, that, if such award exceeds $1.5 million, the state treasurer shall pay to the claimant the remainder of the award in three equal payments, each within 60 days of such amounts being appropriated by the General Assembly and credited to the Wrongful Conviction and Incarceration Compensation Trust Fund. (d) Any payment of an award of compensation pursuant to subsection (c) of this Code section may be made to or for the benefit of the claimant, or, in the case of the death of the claimant, to or for the benefit of one or more heirs at law or designated beneficiaries of the claimant.

17-22-10. Subject to the provisions and limitations of this chapter, the sovereign immunity of this state is waived for the purpose of authorizing claimants to file claims for and seek compensation awards under this chapter and for authorizing payment of any judgment awarding such compensation from the Wrongful Conviction and Incarceration Compensation Trust Fund.

17-22-11. The Office of State Administrative Hearings, through the chief state administrative law judge, shall have the power to promulgate any rules and regulations and establish any procedures that are necessary to carry out, and are not inconsistent with, the provisions of this chapter.

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17-22-12. (a) A court entering a dismissal or judgment of acquittal after a defendant's criminal conviction has been overturned, vacated, or reversed shall provide a copy of this chapter to the defendant at the time of entry of the dismissal or acquittal and obtain from the defendant a written acknowledgment of receipt of a copy of this chapter on a form established by the Supreme Court of Georgia. Such acknowledgment shall be transmitted by the court to the Supreme Court of Georgia and shall be entered on the docket by the Supreme Court of Georgia. The acknowledgment shall be admissible in any proceeding subsequently filed by the defendant under this chapter. (b) Upon the issuance and acceptance of a pardon of innocence or a commutation of sentence resulting in release because of a finding of innocence, the State Board of Pardons and Paroles shall provide a copy of this chapter to the individual receiving the pardon or commutation and obtain from the individual a written acknowledgment of receipt of a copy of this chapter on a form established by the State Board of Pardons and Paroles. The acknowledgment shall be retained on file by the State Board of Pardons and Paroles as part of its official records and shall be admissible in any proceeding subsequently filed by the individual under this chapter."

SECTION 2-2. Title 28 of the Official Code of Georgia Annotated, relating to General Assembly, is amended in Part 2 of Article 4 of Chapter 5, relating to claims against state, departments, or agencies, by adding a new Code section to read as follows:
"28-5-87. The Claims Advisory Board shall not consider and no compensation shall be paid under this article concerning any claim against the state for any wrongful conviction and incarceration."

PART III SECTION 3-1.

(a) Except as provided in subsection (b) of this Section, this Act shall become effective on July 1, 2025. (b) Part I of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all criminal cases pending on and after such effective date.

SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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HIGHWAYS, BRIDGES, AND FERRIES CERTAIN PORTIONS OF THE STATE HIGHWAY SYSTEM; DEDICATION.

No. 362 (House Resolution No. 7).

A RESOLUTION

Dedicating certain portions of the state highway system; and for other purposes.

PART I WHEREAS, Mr. George C. Trulock, Jr., was born in Whigham, Georgia, on July 28, 1952, the beloved son of George C. Trulock, Sr., and Dee Trulock; and

WHEREAS, he was devoted to his hometown and was elected to the Whigham City Council at the age of 22 and served many terms on the council before being elected mayor; and

WHEREAS, Mr. Trulock was a sergeant with the Cairo Police Department and was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and

WHEREAS, Mr. Trulock was an expert gunsmith and developed a system that allowed fixed choke guns to be converted to accept screw-in chokes which came to be known as Tru-Choke; and

WHEREAS, he grew his business producing the Tru-Choke from a shop in his home to a company with numerous employees producing Trulock Choke Tubes with sales across the country; and

WHEREAS, Mr. Trulock exhibited extraordinary devotion to public service, outstanding loyalty, fine leadership, and meticulous attention to detail in all of his duties, and it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his memory.

PART II WHEREAS, the arc of a community's history is on rare occasions benefited by the public service of truly great men; and

WHEREAS, when these exceptional public servants intersect the arc of a community's life, it is appropriate and just that we recognize and memorialize the profound impact of these rare and treasured souls; and

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WHEREAS, for the State of Georgia, and especially Madison County, Mr. R. George Strickland, Jr., is one such rare and treasured soul, who led a life of successful business achievement and devoted public service to his local community and the State of Georgia; and

WHEREAS, Mr. George was born on September 26, 1945, to Robert G. Strickland, Sr., and Mae Ruth Echols Strickland; and

WHEREAS, other than the time he spent pursuing his education and serving his country in the military, Mr. George lived his entire life in Danielsville, Georgia, and learned from his parents very early in life the value of hard work and integrity; and

WHEREAS, Mr. George attended Madison County High School, where he distinguished himself as a member of FFA, a member of 4-H, and captain of the football team, and where he was named a Student Superlative for being Most Athletic; and

WHEREAS, Mr. George graduated from Madison County High School in 1963 and then continued his studies, first at West Georgia College and then at the University of Georgia; and

WHEREAS, Mr. George graduated from the University of Georgia in 1968 with a Bachelor of Science in Agriculture; and

WHEREAS, while at UGA, Mr. George joined the U.S. Army Reserves, in which he served for six years; and

WHEREAS, after graduating from UGA, Mr. George worked for the Federal Land Bank Association; and

WHEREAS, after three years with the Federal Land Bank, Mr. George struck out to chart his own path in what would be a lifetime of distinguished achievement in business and community service; and

WHEREAS, fortunately for the State of Georgia and Madison County, Mr. George decided to make his mark as a resident of Madison County; and

WHEREAS, Mr. George's accomplishments in the business world are too numerous to mention, but among his more notable achievements, he founded Madison County Hardware and co-founded Georgia Metals with his son, Robert George "Tripp" Strickland, III; and

WHEREAS, Mr. George and Tripp also operated Royston Rentals and the Ace Hardware Stores in Colbert and Crawford; and

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WHEREAS, Mr. George served his community as a member of the Danielsville City Council for eight years (where he served as Mayor Pro Tem for four years), the Madison County Tax Equalization Board, and the Madison County Board of Education, where he served for 12 years; and

WHEREAS, Mr. George was also an integral part of the civic community in Madison County; and

WHEREAS, Mr. George served on the board of directors of the Madison County Chamber of Commerce, was the charter president of the Madison County Jaycees, and was the charter president of the Madison County Cattlemen's Association; and

WHEREAS, due in part to his great concern for the youth of his community, he served as an Assistant Scout Master and coached recreational league sports for many years; and

WHEREAS, Mr. George also received numerous honors and awards for his selfless devotion to his community; and

WHEREAS, in recognition of a lifetime of successful entrepreneurship and dedicated service to his community, he was named Northeast Georgia Businessman of the Year in 2000, and the Madison County Chamber of Commerce recognized Mr. George with its Lifetime Achievement Award in 2021; and

WHEREAS, Mr. George was a member of Leadership Georgia's Class of 1977 and Master of the John H. Jones Masonic Lodge; and

WHEREAS, Mr. George loved the Lord and, as a testament of his profound faith, was a dedicated member of Moon's Grove Baptist Church, where he served as an ordained deacon, and was a member of Gideon's International; and

WHEREAS, while he was making his mark in business as young man, Mr. George met the love of his life, Autumn Farmer Strickland, and they were married on June 27, 1976; and

WHEREAS, Mr. George and Autumn were blessed with two children, Robert George "Tripp" Strickland, III, and Amanda Strickland; a daughter-in-law, Carlton (married to Tripp); and three grandchildren - Emily Strickland, Robert G. Strickland, IV, and Henry Strickland; and

WHEREAS, despite a distinguished career and a great love of the Lord, his farm, and his community, Mr. George's greatest joy was his family; and

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WHEREAS, Mr. George's earthly life journey ended on April 13, 2024, surrounded by his family; and

WHEREAS, Mr. George was a true gentleman to all he met and will be greatly missed; and

WHEREAS, such a distinguished business career and steadfast devotion to public service has been of immense benefit to the State of Georgia and Madison County; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating in his honor a bridge in his beloved Madison County.

PART III WHEREAS, Dr. Gregory B. Levett, Sr., has long been recognized for his expertise as a mortician and funeral director and the compassionate role he has played during the most difficult time of a family's life; and

WHEREAS, Dr. Levett and his wife, Betty, founded the world renowned Gregory B. Levett & Sons Funeral Homes & Crematory in 1980, growing the business to serve over 2,300 families a year, employing 175 full and part-time employees, with four locations and an off-site crematory; and

WHEREAS, Dr. Levett began mastering the art of funeral service at a young age after being introduced to the industry by his father, the late George W. Levett, Sr.; and

WHEREAS, the Levett legacy of providing traditional, thoughtful, and dignified funeral services spans over four generations, with Dr. Levett passing on his knowledge and love of caring for others to his children, Gregory Bernard, Jr., T. Lanier, and Deana, who are all active in the daily operations of the business; and

WHEREAS, his leadership and guidance have been instrumental to numerous organizations, including the National Funeral Directors and Morticians Association, Georgia Funeral Service Practitioners Association, DeKalb Chapter of the 100 Black Men of America, City of Decatur Public School Board Council, NAACP, Salem Gate Merchants Association, DeKalb Parks and Recreation Committee Board of Directors, Scottdale Planning Council, South DeKalb Business League, as well as the DeKalb Chamber of Commerce, Gwinnett Chamber of Commerce, Rockdale Chamber of Commerce, and the Georgia Hispanic Chamber of Commerce; and

WHEREAS, Dr. Levett has been recognized with numerous awards and honors, including a Lifetime Achievement Award from President Barack Obama for his volunteer services,

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Funeral Director of the Year from American Funeral Director Magazine in 2015, and the Robert H. Miller Funeral Director of the Year in 2023; and

WHEREAS, the Levett family has donated over $2 million to institutions of higher learning, churches, hospitals, charities, and community organizations, with Emory Hillandale Hospital dedicating a reception area of the emergency department to honor Dr. Levett and his wife; and

WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized by dedicating a road in his honor.

PART IV WHEREAS, Mr. Johnny Floyd has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, Mr. Floyd completed Forest Ranger School at the University of Florida, had a long career in forestry at the St. Regis Paper Company, and started a family timber business in Cordele, Georgia, in 1969 called Floyd Timber Company; and

WHEREAS, he served as a member of the Georgia House of Representatives for 19 years, representing the citizens of Crisp, Dooly, and Pulaski counties and parts of Houston County; served as vice chairman of the House Transportation Committee; and served as a member of the House Appropriations, Banks and Banking, and Motor Vehicles committees; and

WHEREAS, upon completion of his service with the General Assembly, Mr. Floyd dedicated 15 years to the State Transportation Board representing the constituents of Congressional District 2 which is the largest congressional district by land area and includes 29 counties; and

WHEREAS, during his tenure with the State Transportation Board, Mr. Floyd has focused on economic development for rural Georgians, mobility for commuters in urban areas, and the development of freight routes for Georgia's ports and logistics industry; and

WHEREAS, Mr. Floyd has previously held the roles of chairman, vice chairman, and secretary of the State Transportation Board; is currently a member of several board committees that help guide the direction of Georgia's transportation network, including the Statewide Transportation Planning/Strategic Planning, Administrative, and Legislative committees; and serves as chairman of the Intermodal committee; and

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WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an interchange in his honor.

PART V WHEREAS, Mr. Samuel Micah Moon was born in Austell, Georgia, on March 30, 2007, the beloved son of Beverly La Fleur and Shendi Moon; and

WHEREAS, Mr. Moon was a STEM student at Lithia Springs High School, with an expected graduation date of 2025; and

WHEREAS, he had a passion for music and enjoyed spending time with his friends and family, hiking, and fishing; and

WHEREAS, Mr. Moon's life was tragically cut short on March 4, 2023, when he was one of ten children shot at a sweet 16 birthday party in Douglas County; and

WHEREAS, known for his amazing sense of humor and infectious smile, Mr. Moon will long be remembered for his love of family and friendship, and this loyal son and friend will be missed by all who had the great fortune of knowing him; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an interchange in his memory.

PART VI WHEREAS, Ms. Aj'anaye Hill was born in Philadelphia, Pennsylvania, on April 1, 2008, the beloved daughter of Chanell White and Louis Hill; and

WHEREAS, Ms. Hill was a loved and talented student at Lithia Springs High School, with an expected graduation date of 2026; and

WHEREAS, she had a passion for music and dancing and enjoyed making TikTok videos with her family and friends; and

WHEREAS, Ms. Hill's life was tragically cut short on March 4, 2023, when she was one of ten children shot at a sweet 16 birthday party in Douglas County; and

WHEREAS, known for her outspoken and fearless nature, Ms. Hill will long be remembered for her love of family and friendship, and this loyal daughter and friend will be missed by all who had the great fortune of knowing her; and

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WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an intersection in her memory.

PART VII WHEREAS, all residents of Georgia rely on the men and women who put their personal safety on the line to keep communities safe from harm; and

WHEREAS, peace officers in this state devote innumerable hours of their time, talents, and energy toward keeping criminals off the streets and uplifting their communities through their service; and

WHEREAS, peace officers exhibit devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in their duties; and

WHEREAS, fallen peace officers have given the ultimate sacrifice to this state and its citizens and deserve the utmost respect and condolences; and

WHEREAS, it is abundantly fitting and proper that these remarkable and distinguished Georgians be recognized appropriately by dedicating a road in their memory.

PART VIII WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and

WHEREAS, Trooper William Frederick Black, Jr., was a standout football player for Lanier High School, where he led the Poets to a state championship; and

WHEREAS, he went on to study aeronautical engineering at Auburn University, where he played basketball and football; and

WHEREAS, Trooper Black served as a guardian of this nation's freedom and liberty with the United States Army Reserves and graduated among the first class of troopers in Georgia, with a badge number of 8; and

WHEREAS, while patrolling on Georgia Highway 41 near Ringgold, Georgia, Trooper Black's life was tragically cut short in the line of duty when he was shot during a traffic stop; and

WHEREAS, Trooper Black embodied the spirit of service and willingness to find meaning in something greater than himself, and it is abundantly fitting and proper that this remarkable

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and distinguished Georgian be recognized appropriately by dedicating an intersection in his memory.

PART IX WHEREAS, Mr. Tyler Perry was born on September 13, 1969, in New Orleans, Louisiana; and

WHEREAS, in 1998, his first musical, I Know I've Been Changed, premiered at the famous Fox Theatre in Atlanta; in 2005, his first feature film, Diary Of A Mad Black Woman, debuted at number one; and in 2006, he released his first book, Don't Make A Black Woman Take Off Her Earrings: Madea's Uninhibited Commentaries On Life And Love, which remained on the New York Times bestseller list for eight weeks; and

WHEREAS, in 2007, Mr. Perry's comedic talents delighted audiences worldwide with the TBS series House of Payne and later with the series Meet the Browns, which were the highest and second highest rated first-run syndicated cable shows of all time, respectively, and he currently has four television series on Oprah Winfrey's network, OWN; and

WHEREAS, in 2008, he revitalized Delta Airlines' former headquarters and opened a 200,000 square foot studio in Atlanta that employs hundreds of Georgians, and in 2015, Mr. Perry bought 330 acres of the former military base, Fort McPherson, on which he will restore and construct state-of-the-art facilities that will open the door for local business opportunities and job creation in the motion picture and television industry; and

WHEREAS, Mr. Perry strongly supports our state and national communities through charities such as Feeding America, Covenant House, Hosea Feed the Hungry, Project Adventure, Perry Place, and his own foundation, the Tyler Perry Foundation, which transforms tragedy into triumph by empowering economically disadvantaged youths, seniors, and families to overcome adversity by achieving a better quality of life; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

PART X WHEREAS, Investigator Eric Anthony Minix was born in Covington, Georgia, on June 8, 1992, a beloved son of Mark Minix and Angela Mitchell and his life was tragically cut short in the line of duty on January 4, 2024; and

WHEREAS, Investigator Minix was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and

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WHEREAS, he served with honor and distinction as a dedicated investigator and K9 handler for the Coweta County Sheriff's Department where he exhibited extraordinary devotion to public service, outstanding loyalty, fine leadership, and meticulous attention to detail in all of his duties; and

WHEREAS, he will long be remembered for his inspiring commitment to the welfare of others, which stands as a shining example of the positive effect law enforcement professionals have on the lives and well-being of others; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his memory.

PART XI WHEREAS, Mr. Jeff Foxworthy is one of the most respected and successful comedians in the United States; and

WHEREAS, Mr. Foxworthy is the highest selling comedy-recording artist in history, a multiple Grammy Award nominee, and the best-selling author of more than 26 books, including The Redneck Dictionary, The Redneck Dictionary II, The Redneck Dictionary III, How to Really Stink at Golf, and How to Really Stink at Work; and

WHEREAS, a 2014 inductee to the Georgia Music Hall of Fame, Mr. Foxworthy has his own comedy channel on SIRUISXM, which showcases the best in American comedy and has created multiple games that use his comedy material; and

WHEREAS, Mr. Foxworthy hosted a live auction show called What's It Worth for A&E in 2020 and a FOX television game show, Are You Smarter Than a 5th Grader?, for several seasons; and

WHEREAS, he has written several New York Times bestseller list children's books, including Dirt on My Shirt and Hide!!; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

PART XII WHEREAS, born on July 21, 1975, in Miami, Florida, Patrick Michael Sondron was the cherished son of Michael and Patricia Sondron; and

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WHEREAS, following his graduation from Orange Park High School in 1993, Sergeant Sondron enlisted in the United States Air Force, where he served as a guardian of this nation's freedom and liberty; and

WHEREAS, he continued to serve his community through a career in law enforcement, starting his career in 1999 with the Fort Valley Police Department, adeptly serving on the Byron Police Department, and dedicating 13 years to the Peach County Sheriff's Office, where he was a sergeant for the patrol division and a member of the SWAT team; and

WHEREAS, Sergeant Sondron was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and

WHEREAS, a dedicated public servant, a respected partner in law enforcement, and a kind, level-headed individual, Sergeant Sondron had a profound impact on the Warner Robins community, and his loss deeply affected the citizens of Peach County; and

WHEREAS, Sergeant Sondron exhibited extraordinary devotion to public service, outstanding loyalty, fine leadership, and meticulous attention to detail in all of his duties, and it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.

PART XIII WHEREAS, Deputy Daryl Wayne Smallwood served as a guardian of this nation's freedom and liberty as a member of the United States Marine Corps, embodying the Marine values of honor, courage, and commitment; and

WHEREAS, Deputy Smallwood was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and

WHEREAS, he began his career in law enforcement with the Dooly County Sheriff's Office, where he served with professionalism and honor for eight years, and he later served with the Crisp County Sheriff's Office and the Peach County Sheriff's Office; and

WHEREAS, Deputy Smallwood's life was tragically cut short in November of 2016, when he took on gunfire while responding to a neighbor dispute call; and

WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and by the example he made of his life, he made this world a better place in which to live; and

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WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating a bridge in his memory.

PART XIV WHEREAS, the Honorable Sheila M. McNeill has long been recognized by the citizens of this state for the vital role that she played in leadership and her deep personal commitment to the welfare of the citizens of Georgia and the nation; and

WHEREAS, she diligently and conscientiously devoted innumerable hours of her time, talent, and energy for 58 years to the Navy League, the only civilian organization dedicated to supporting the sea services of the United States of which includes providing support to the United States Navy, United States Marine Corps, United States Coast Guard, and United States Flag Merchant Marine; and

WHEREAS, she served as the Navy League's 42nd national president, national vice president for legislative affairs, national director of the United States Naval Sea Cadet Corps, and a member of the National Maritime Policy Committee; and

WHEREAS, Senator McNeill was devoted to the betterment of her community and state as a Georgia Senator representing Senate District 3 from 2021 to 2023; and

WHEREAS, she was recognized with numerous honors and awards, including the Secretary of the Navy's Distinguished, Superior, and Meritorious Public Service medals; the United States Coast Guard's Distinguished and Meritorious Public Service medals; and the United States Armed Forces Spirit of Hope Award; and

WHEREAS, Senator McNeill was the first female recipient of the Spanish Navy League's highest honor, the Golden Anchor Award; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating a road in her memory.

PART XV WHEREAS, Trooper Chase Winston Redner was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and

WHEREAS, Trooper Redner was born on January 5, 1993, the beloved son of Linda Stancil-Redner and Richard Redner; and

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WHEREAS, he earned his bachelor's degree from the University of North Georgia and graduated from the 103rd Trooper School with the Georgia State Patrol; and

WHEREAS, Trooper Redner was a member of the Specialized Crash Reconstruction Team and exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties; and

WHEREAS, Trooper Redner's life was tragically cut short in the line of duty on February 20, 2024; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an intersection in his memory.

PART XVI WHEREAS, Mrs. Martha Kay Tucker has long been recognized by the citizens of this state for the vital role that she has played in leadership and her deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, she diligently and conscientiously devoted innumerable hours of her time, talent, and energy toward the betterment of her community and state as evidenced dramatically by her superlative service for 34 years as the Chattooga County clerk; and

WHEREAS, Mrs. Tucker's significant organizational and leadership talents, her remarkable patience and diplomacy, her keen sense of vision, and her sensitivity to the needs of the citizens of this state earned her the respect and admiration of her colleagues and associates; and

WHEREAS, a woman of deep and abiding faith, Mrs. Tucker was an active member of the Alpine Community Church where she taught Sunday school, led the youth group, organized Bible school, and maintained the live nativity scene for the Christmas season; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating a road in her memory.

PART XVII WHEREAS, Mr. Cary Williams, Jr., has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, Mr. Williams has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced

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dramatically by his superlative service as an editor and publisher of the Greensboro newspaper, The Herald-Journal; and

WHEREAS, a leader of the Athens community, Mr. Williams' significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of this state have earned him the respect and admiration of his colleagues and associates; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

PART XVIII WHEREAS, Chief Jeffrey E. Turner is highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and

WHEREAS, Chief Turner moved to Clayton County with his family in 1978 and graduated from Morrow High School in 1982; and

WHEREAS, he earned a bachelor's degree from the University of West Georgia and a master's degree from Columbus State University; and

WHEREAS, after dedicating 20 years of service to the Clayton County Police Department, Chief Turner was appointed as the first African American Chief of Police for the department in 2007; and

WHEREAS, in 2009, Chief Turner was assigned to the Clayton County Regional Police Academy as the Director and the first African American to lead the academy; and

WHEREAS, Chief Turner exhibits extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating a road in his honor.

PART XIV NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Route 38/Highway 84 from the East Whigham City Limit to the West Whigham City Limit in Grady County is dedicated as the George C. Trulock, Jr. Memorial Highway.

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BE IT FURTHER RESOLVED AND ENACTED that the bridge on U.S. Highway 29/ State Route 8 over South Fork Broad River in Madison County is dedicated as the R. George Strickland, Jr. Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 155 from I-285 to Snapfinger Road in DeKalb County is dedicated as the Dr. Gregory B. Levett, Sr. Parkway.

BE IT FURTHER RESOLVED AND ENACTED that the interchange of Interstate 75 and US 280 in Crisp County is dedicated as the Honorable Johnny Floyd Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the interchange of Interstate 20 and State Route 92 in Douglas County is dedicated as the Samuel Micah Moon Memorial Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. 78 and Campbellton Street in Douglas County is dedicated as the Aj'anaye Hill Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 92 from the Douglas County line to the Cobb County line is dedicated as the Peace Officer Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 3 and Roach Hollow Road in Catoosa County is dedicated as the Trooper William Black, Jr. Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 92 from Interstate 20 to Riverside Parkway in Douglas County is dedicated as the Perry Parkway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 16 from State Route 14 to State Route 54 in Coweta County is dedicated as the Investigator Eric Anthony Minix Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Interstate 85 from Mile Point 73.872 to Mile Point 75 in Fulton County is dedicated as the Jeff Foxworthy Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 49 over Interstate 75 (Exit 149) in Peach County is dedicated as the Sgt. Patrick Sondron Memorial Bridge.

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BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 247 over Interstate 75 in Peach County is dedicated as the Deputy Daryl Smallwood Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 40 from Charlie Smith Senior Highway/State Route 40 Spur to Church Street in Camden County is dedicated as the Senator Sheila McNeill Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 400 and Whelchel Road in Lumpkin County is dedicated as the Trooper First Class 2 Chase W. Redner Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 337 from State Route 48 to the Georgia/Alabama line in Chattooga County is dedicated as the Martha Kay Tucker Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 15 from mile marker 241.62 to mile marker 247.64 in Greene and Oconee counties is dedicated as the Cary Williams, Jr. Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Interstate 75 from the Riverdale exit to the Tara Boulevard exit in Clayton County is dedicated as the Jeffrey E. Turner Highway.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to make appropriate copies of this resolution available for distribution to the Department of Transportation; to Dr. Gregory B. Levett, Sr., Mr. Johnny Floyd, Mr. Tyler Perry, Mr. Jeff Foxworthy, Mr. Cary Williams, Jr., and Chief Jeffrey E. Turner; and to the families of Mr. George C. Trulock, Jr., Mr. R. George Strickland, Jr., Mr. Samuel Micah Moon, Ms. Aj'anaye Hill, Trooper William Frederick Black, Jr., Investigator Eric Anthony Minix, Sergeant Patrick Michael Sondron, Deputy Daryl Wayne Smallwood, the Honorable Sheila M. McNeill, Trooper Chase Winston Redner, and Mrs. Martha Kay Tucker.

Approved May 14, 2025.

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PROPERTY CONVEYANCES; AUTHORIZATION.

No. 364 (House Resolution No. 97).

A RESOLUTION

Authorizing the conveyance of certain state owned property located in Bryan County; authorizing the lease of certain state owned property located in Cherokee County; authorizing the exchange of certain state owned property located in Clarke County; authorizing the conveyance of certain state owned property located in Colquitt County; authorizing the lease amendment of certain state owned property located in Effingham County; authorizing the conveyance of certain state owned properties located in Fulton County; authorizing the conveyance of certain state owned property located in Glynn County; authorizing the conveyance of certain state owned properties located in Habersham County; authorizing the conveyance of certain state owned property located in Hall County; authorizing the lease of certain state owned property located in Hall County; authorizing the conveyance of certain state owned property located in Henry County; authorizing the lease of certain state owned property located in Miller County; authorizing the lease of certain state leased property located in Sumter County; authorizing the conveyance of certain state owned property located in Sumter County; authorizing the lease of certain state owned property located in Tattnall County; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Bryan County, Georgia; and (2) Said real property is approximately 0.162 of an acre, being in the 20th G.M. District, Bryan County, Georgia, and more particularly described in that Warranty Deed, dated August 18, 1953, from International Paper Company being recorded in Deed Book 3-E, Page 532, in the office of the Clerk of Superior Court of Bryan County, and on file with the State Properties Commission Real Property Records as RPR 000131; and (3) Said real property is commonly known as the Bryan County Forest Fire Tower and under the custody of the Georgia Forestry Commission; and (4) Bryan County is desirous of acquiring a right of way over approximately 0.132 of an acre and a driveway easement over approximately 0.030 of an acre for the construction of a roundabout road project; and (5) By official action dated February 10, 2025, the Georgia Forestry Commission requested the conveyance to Bryan County; and

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WHEREAS: (1) The State of Georgia is the owner of certain real property located in Cherokee County, Georgia; and (2) Said real property is approximately 0.03 of an acre, being in Land Lot 278, 22nd District, 2nd Section, Cherokee County, Georgia, and more particularly described in that Warranty Deed, dated February 5, 1954, from H. Grady Jones being recorded in Deed Book 30, Pages 10-11, in the office of the Clerk of Superior Court of Cherokee County, and on file with the State Properties Commission Real Property Records as RPR 00259; and (3) Said real property is commonly known as Pine Log Mountain and under the custody of the Georgia Forestry Commission; and (4) The Cherokee County Board of Commissioners is desirous of leasing approximately 0.03 of an acre for a radio tower and associated equipment; and (5) By official action dated January 9, 2025, the Georgia Forestry Commission requested to enter a lease with the Cherokee County Board of Commissioners; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Clarke County, Georgia; and (2) Said real property is approximately 2.957 acres, being in 216th G.M. District, Athens-Clarke County, Georgia, and more particularly described in that Warranty Deed, dated August 31, 1948, from W. L. Florence, Jr. and Marie Florence being recorded in Deed Book 111, Page 310, in the office of the Clerk of Superior Court of Clarke County, and on file with the State Properties Commission Real Property Records as RPR 000262, and that Warranty Deed, dated August 31, 1948, from R. B. Well, W. D. Beacham, B. B. Meyer, and B. L. Adams being recorded in Deed Book 111, Page 309, in the office of the Clerk of Superior Court of Clarke County, and on file with the State Properties Commission Real Property Records as RPR 000262; and (3) Said real property is commonly known as the Athens Field Office and under the custody of the Department of Community Supervision; and (4) Mallory and Evans Development, LLC is desirous of exchanging the property with the Department of Community Supervision; and (5) By official action dated January 14, 2025, the Department of Community Supervision requested the exchange with Mallory and Evans Development, LLC; and
WHEREAS: (1) The State of Georgia is the owner of certain real property located in Colquitt County, Georgia; and (2) Said real property is approximately 5.468 acres, being in Land Lot 259, 9th Land District, City of Moultrie, Colquitt County, Georgia, and more particularly described in

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that Warranty Deed, dated September 15, 1993, from GTE South Incorporated f/k/a General Telephone Company of Georgia being recorded in Deed Book 486, Pages 31-32, in the office of the Clerk of Superior Court of Colquitt County, and on file with the State Properties Commission Real Property Records as RPR 008513; and (3) Said real property is commonly known as Southern Regional Technical College and under the custody of the Technical College System of Georgia; and (4) The Moultrie-Colquitt County Development Authority is desirous of acquiring the property for fair market value; and (5) By official action dated December 5, 2024, the Technical College System of Georgia requested to surplus the property; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Effingham County, Georgia; and (2) Said real property is approximately 1.6 acres being in 9th G.M. District, Effingham County, Georgia, and more particularly described in that Quitclaim Deed, dated July 19, 2004, from the Department of Technical and Adult Education, being recorded in Deed Book 1142, Pages 285-286, in the office of the Clerk of Superior Court of Effingham County and on file with the State Properties Commission Real Property Records as RPR 010009.02; and (3) Said real property is commonly known as the Savannah Technical College and Career Academy and under the custody of the Technical College System of Georgia; and (4) The State of Georgia entered into a 30 year ground lease with Effingham County Board of Education in 2013 over approximately 6.92 acres for a Career Academy; and (5) The Effingham County Board of Education is desirous of amending the ground lease to include an additional 1.6 acres for additional parking space; and (6) By official action dated May 29, 2024, the Technical College System of Georgia requested to amend the ground lease; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Fulton County, Georgia; and (2) Said real property is approximately 0.006 of an acre, being in Land Lot 83, 14th Land District, Fulton County, Georgia, and more particularly described in that Warranty Deed, dated January 12, 1990, from Richard Garrett Wortham, Sr. being recorded in Deed Book 13135, Pages 236-238, in the office of the Clerk of Superior Court of Fulton County, and on file with the State Properties Commission Real Property Records as RPR 007895, that Quitclaim Deed dated November 2, 1990, from the City of Atlanta being recorded in Deed Book 13840, Pages 221-227, in the office of the Clerk of Superior Court of Fulton County, and on file with the State Properties Commission Real Property Records as RPR 008039, that Fee Deed, dated February 27, 1990, from the City

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of Atlanta, being recorded in Deed Book 13314, Pages 115-120, in the office of the Clerk of Superior Court of Fulton County, and on file with the State Properties Commission Real Property Records as RPR 007912, and that Consent Order and Judgment, dated February 6, 1990 being recorded in Deed Book 13016, Pages 61-64 and on file with the State Properties Commission Real Property Records as RPR 007922; and (3) Said real property is commonly known as the Georgia World Congress Center and under the custody of the Department of Economic Development; and (4) The Georgia Department of Transportation is desirous of acquiring a right of way, for the benefit of the Georgia World Congress Center, over approximately 0.006 of an acre for the extension of the right turn lane; and (5) By official action, the Department of Economic Development requested the conveyance to the Georgia Department of Transportation; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Fulton County, Georgia; and (2) Said property is defined as the Western and Atlantic Railroad and is commonly known as Lower Wall Street; and (3) Said property is under the custody of the State Properties Commission; and (4) The City of Atlanta is desirous of acquiring Lower Wall Street; and

WHEREAS: (1) The State of Georgia is the owner by presumption of law of certain marshlands consisting of approximately 4,086.07 acres located in the 26th Georgia Militia District, Glynn County, Georgia, such marshlands being regulated by the Department of Natural Resources pursuant to the Coastal Marshlands Protection Act, O.C.G.A. 12-5-280, et seq., and the Governor's powers to regulate public property, O.C.G.A. 50-16-61; and (2) Glynn New Hope 1043, LLC claims to own the above-referenced marshlands, including approximately 432.70 acres of wetlands, 3,426.07 acres of estuarine intertidal wetlands, and 227.30 acres of open water habitat, in fee simple based upon its predecessors' claim of title and pursuant to the statutory merger of Glynn 3300, LLC into Glynn New Hope 1043, LLC and pursuant to warranty deeds from the predecessors in title recorded in Deed Book 4380, Page 280; Deed Book 4563, Page 126; and Deed Book 3684, Page 300 of the Glynn County Clerk of Superior Court and described on an aerial drawing of approximately 4,086.07 acres, which 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 (3) Glynn New Hope, pursuant to United States Army Corps of Engineers Permit Application #SAS-2021-00779, desires to establish, construct, operate, maintain, and monitor a proposed mitigation bank or banks on the approximately 4,086.07 acre property described on that drawing titled "Wally's Leg Mitigation Bank" by Aquatics Restoration,

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Inc. contained in the Draft Prospectus for the Project dated September 11, 2024, which may be further described by a survey to be submitted to the State Properties Commission, and Glynn New Hope desires to commercially sell mitigation credits from such bank or banks in accordance with a mitigation banking instrument or instruments approved by the United States Army Corps of Engineers and the compensatory mitigation rules and regulations of the United States Army Corps of Engineers (33 C.F.R. Part 325 and 33 C.F.R. Part 332) and the Environmental Protection Agency (40 C.F.R. Part 230); and (4) To resolve all disputes as to ownership of the above-referenced marshlands, the state, as part of a settlement, seeks authorization to quitclaim to Glynn New Hope the state's interest in the property, of which title to the approximately 4,086.07 acres of marshland shall be held in escrow for not more than ten years, unless extended by the State Properties Commission, until such time as any mitigation bank or banks is approved by the United States Army Corps of Engineers, after which time Glynn New Hope shall promptly cause the quitclaim deed to be recorded, under such terms and conditions as the State Properties Commission may stipulate; and (5) In exchange for and in consideration of the above-referenced quitclaim from the state and in order to resolve all disputes as to ownership of the above-referenced marshlands, Glynn New Hope, as part of a settlement, shall:
(A) Transfer to the state 20 percent of each credit release granted from the approved mitigation bank or banks and generated from the property; and (B) Return the entire 4,086.07 acres of marshland subject to the various terms of the settlement agreement for conveyance of property back to the state by quitclaim to include either the exhaustion of Glynn New Hope 1043, LLC seeking approval of a permit or permits for a mitigation bank or banks on either the entire or portions of the 4,086.07 acres of marshland during the ten-year timeframe, no credit releases after ten years have occurred for any approved mitigation bank or banks, exhaustion of all credits from any approved mitigation banks or banks, or after 25 years from any approved mitigation bank or banks for which not all mitigation credits have been generated or released, whichever is earlier; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Habersham County, Georgia; and (2) Said real property is approximately 4.75 acres, being in Land Lots 192, 193, 196, and 197, Habersham County, Georgia, and more particularly described in various deeds, recorded in the office of the Clerk of Superior Court of Habersham County, and on file with the State Properties Commission Real Property Records; and (3) Said real property is commonly known as Lee Arrendale Correctional Institute and under the custody of the Department of Corrections; and (4) The Town of Alto is desirous of acquiring the property for a water tower; and

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(5) By official action, the Department of Corrections requested the conveyance to the Town of Alto; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Habersham County, Georgia; and (2) Said real property is approximately 20.0 acres, being in Land Lots 192, 193, 196, and 197, Habersham County, Georgia, and more particularly described in various deeds, recorded in the office of the Clerk of Superior Court of Habersham County, and on file with the State Properties Commission Real Property Records; and (3) Said real property is commonly known as Lee Arrendale Correctional Institute and under the custody of the Department of Corrections; and (4) Habersham County is desirous of acquiring the property for public purpose; and (5) By official action, the Department of Corrections requested the conveyance to Habersham County; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Habersham County, Georgia; and (2) Said real property is approximately 192.0 acres, being in Land Lots 192, 193, 196, and 197, Habersham County, Georgia, and more particularly described in various deeds, recorded in the office of the Clerk of Superior Court of Habersham County, and on file with the State Properties Commission Real Property Records; and (3) Said real property is commonly known as Lee Arrendale Correctional Institute and under the custody of the Department of Corrections; and (4) Habersham County is desirous of acquiring the property for fair market value; and (5) By official action, the Department of Corrections requested the conveyance to Habersham County; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Hall County, Georgia; and (2) Said real property is approximately 3.707 acres, being in 411th G.M.D., Hall County, Georgia, and more particularly described in that Limited Warranty Deed, dated January 5, 2016, from Gainesville Howard Road, LLC, a Georgia Limited Liability Company being recorded in Deed Book 7650, Pages 695-704, in the office of the Clerk of Superior Court of Hall County, and on file with the State Properties Commission Real Property Records as RPR 011792; and (3) Said real property is commonly known as Lanier Technical College and under the custody of the Technical College System of Georgia; and

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(4) The Georgia Department of Transportation is desirous of acquiring a right of way over approximately 0.530 of an acre and easement over approximately 3.177 acres for the construction of a new interchange and roundabout (PI0016074); and (5) By official action dated October 2, 2024, the Technical College System of Georgia requested the conveyance to the Georgia Department of Transportation; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Hall County, Georgia; and (2) Said real property is a communication tower, being in Land Lots 135 and 138, 10th District, Hall County, Georgia, and more particularly described in that Warranty Deed, dated January 21, 1958, from the Board of Commissioners of Roads and Revenues of Hall County, Georgia being recorded in Deed Book IX, Pages 27-28, in the office of the Clerk of Superior Court of Hall County, and on file with the State Properties Commission Real Property Records as RPR 02422; and (3) Said real property is commonly known as State Patrol Post 6 and under the custody of the Department of Public Safety; and (4) Southern Linc is desirous of leasing tower space; and (5) By official action, the Department of Public Safety requested to enter a lease with Southern Linc; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Henry County, Georgia; and (2) Said real property is approximately 0.339 of an acre, being in Land Lot 135, 7th District, Henry County, Georgia, and more particularly described in that Limited Warranty Deed, dated March 10, 2021, from One Henry, Inc. being recorded in Deed Book 17931, Pages 292-294, in the office of the Clerk of Superior Court of Henry County, and on file with the State Properties Commission Real Property Records as RPR 012522; and (3) Said real property is commonly known as the Henry County Campus of Southern Crescent Technical College and under the custody of the Technical College System of Georgia; and (4) Henry County is desirous of acquiring a right of way over approximately 0.252 of an acre and a slope easement over approximately 0.087 of an acre for a road-widening project (PI0015089); and (5) By official action dated September 5, 2024, the Technical College System of Georgia requested the conveyance to Henry County; and

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WHEREAS: (1) The State of Georgia is the owner of certain real property located in Miller County, Georgia; and (2) Said real property is a communication tower, being in the 13th District, Miller County, Georgia, and more particularly described in that General Warranty Deed With Right of Reversion, dated February 27, 2015, from the City of Colquitt being recorded in Deed Book 235, Pages 690-692, in the office of the Clerk of Superior Court of Miller County, and on file with the State Properties Commission Real Property Records as RPR 011606; and (3) Said real property is commonly known as State Patrol Post 14 and under the custody of the Department of Public Safety; and (4) Southern Linc is desirous of leasing tower space; and (5) By official action, the Department of Public Safety requested to enter a lease with Southern Linc; and

WHEREAS: (1) The State of Georgia is the lessee of certain real property located in Sumter County, Georgia; and (2) Said real property is a communication tower, being in Land Lot 184, 27th Land District, Sumter County, Georgia, and more particularly described in that Lease Agreement, commencing on January 1, 2023, with Sumter County, Georgia, as Lessor and on file with the State Properties Commission Real Property Records as RPR 012787; and (3) Said real property is commonly known as State Patrol Post 10 and under the custody of the Department of Public Safety; and (4) Southern Linc is desirous of leasing tower space; and (5) By official action, the Department of Public Safety requested to enter a lease with Southern Linc; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Sumter County, Georgia; and (2) Said real property is all that parcel or tract totaling approximately 11.561 acres of State property lying and being in Land Lots 117, 124, and 147, of the 27th Land District, Sumter County, Georgia acquired by virtue of four (4) General Warranty Deeds, between: 1) Sheffield Hardware Company, as the Grantor, and the State of Georgia, as the Grantee, dated March 12, 1953, for 1.5 acres for consideration of $10.00 as recorded in Deed Book 46, Page 56 in the Office of the Clerk of Superior Court of Sumter County, Georgia and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 03567, and accompanying plat recorded in Plat Book 1, Page 106 in the Office of the Clerk of the Superior Court of Sumter County, Georgia and being on

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file in the offices of the State Properties Commission; 2) Sheffield Hardware Company, as the Grantor, and the State of Georgia, as the Grantee, dated January 22, 1949, for 1.3 acres for consideration of $1.00 as recorded in Deed Book 39, Page 6 in the Office of the Clerk of Superior Court of Sumter County, Georgia and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 001211, and accompanying plat recorded in Plat Book 1, Page 106 in the Office of the Clerk of the Superior Court of Sumter County, Georgia and being on file in the offices of the State Properties Commission; 3) R.L. Cantey, as the Grantor, and the State of Georgia, as the Grantee, dated January 27, 1954, for 5 acres for consideration of $10.00 as recorded in Deed Book 47, Page 128 in the Office of the Clerk of Superior Court of Sumter County, Georgia and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 01212.01, said acreage being modified to 4.662 acres by that Deed of Correction dated July 8, 1954 and filed in Deed Book 47, Page 225 and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 01212.02 and accompanying plat recorded in Plat Book 1, Page 152 in the Office of the Clerk of the Superior Court of Sumter County, Georgia and being on file in the offices of the State Properties Commission; 4) R.L. Cantey, as the Grantor, and the State of Georgia as the Grantee, dated July 8, 1954, for 4.099 acres for consideration of $10.00 as recorded in Deed Book 48, Page 292 in the Office of the Clerk of Superior Court of Sumter County, Georgia and being on file in the offices of the State Properties Commission inventoried as Real Property Record (RPR) # 01212.03, and accompanying plat recorded in Plat Book 1, Page 152 in the Office of the Clerk of the Superior Court of Sumter County, Georgia and being on file in the offices of the State Properties Commission; and (3) Said property is under the custody of the Georgia Department of Defense as the former site of the Sumter Armory and Annex; and (4) By official action dated February 18, 2015, the Georgia Department of Defense declared the property surplus to its current and future needs and resolved to surplus the above-described property; and (5) By that certain quitclaim deed dated October 20, 2015, the property was conveyed to the Sumter County Board of Commissioners for $10.00 so long as the property is used for public purpose and payment of applicable outstanding general obligation bonds and interest; and (6) The Sumter County Board of Commissioners is desirous of removing the public use restriction; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Tattnall County, Georgia; and (2) Said real property is a communication tower, being in 41st G.M. District, Tattnall County, Georgia, and more particularly described in that General Warranty Deed, dated

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January 3, 2023, from Tattnall County being recorded in Deed Book 738, Pages 178-180, in the office of the Clerk of Superior Court of Tattnall County, and on file with the State Properties Commission Real Property Records as RPR 012798; and (3) Said real property is commonly known as State Patrol Post 18 and under the custody of the Department of Public Safety; and (4) Southern Linc is desirous of leasing tower space; and (5) By official action, the Department of Public Safety requested to enter a lease with Southern Linc.

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I SECTION 1.

The State of Georgia is the owner of the above-described property located in Bryan County, containing approximately 0.162 of an acre, and that in all matters relating to the conveyance and easement of said real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 2. That the State of Georgia, acting by and through the State Properties Commission, is authorized to convey to Bryan County for the consideration of $5,634.00, and for such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 3. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance and granting of easements, including the execution of all necessary documents.

SECTION 4. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 5. That the deed or deeds and plat or plats of the conveyance and easement documents shall be recorded by the Grantee in the Superior Court of Bryan County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 6. That the above-described real property shall remain in the custody of the Georgia Forestry Commission until the property is conveyed.

ARTICLE II SECTION 7.

The State of Georgia is the owner of the above-described property located in Cherokee County, containing approximately 0.03 of an acre, and that in all matters relating to the lease of said real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 8. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease to the Cherokee County Board of Commissioners for a term of six years for the consideration of $10.00 and the requirement that the Georgia Forestry Commission have access to tower space, generator, and shed on the premises, and for such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 9. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease, including the execution of all necessary documents.

SECTION 10. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 11. That the lease documents shall be recorded by the Lessee in the Superior Court of Cherokee County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 12. That the above-described real property shall remain in the custody of the Georgia Forestry Commission until the property is conveyed.

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ARTICLE III SECTION 13.

The State of Georgia is the owner of the above-described improved property located in Clarke County, containing approximately 2.957 acres, and that in all matters relating to the exchange of said real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 14. That the State of Georgia, acting by and through the State Properties Commission, is authorized to convey by appropriate instrument for a consideration of an exchange to the State of Georgia with Mallory and Evans Development, LLC of a like or better property; 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 15. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance, including the execution of all necessary documents.

SECTION 16. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 17. That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee in the Superior Court of Clarke County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 18. That the above-described real property shall remain in the custody of the Department of Community Supervision until the property is conveyed.

ARTICLE IV SECTION 19.

The State of Georgia is the owner of the above-described property located in Colquitt County, containing approximately 5.468 acres, and that in all matters relating to the conveyance of said real property the State of Georgia is acting by and through its State Properties Commission.

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SECTION 20. That the State of Georgia, acting by and through the State Properties Commission, is authorized to convey to the Moultrie-Colquitt County Development Authority for fair market value; or by competitive bid for fair market value; or to a local government or state entity for fair market value or to a local government or state entity for a consideration of $10.00 so long as the property is used for public purpose in perpetuity; and for such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 21. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance, including the execution of all necessary documents.

SECTION 22. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 23. That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee in the Superior Court of Colquitt County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 24. That the above-described real property shall remain in the custody of the Technical College System of Georgia until the property is conveyed.

ARTICLE V SECTION 25.

The State of Georgia is the owner of the above-described improved property located in Effingham County, containing approximately 1.6 acres, and that in all matters relating to the lease amendment of said real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 26. That the above-described ground lease may be amended by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, with the Effingham County Board of Education for a consideration of $10.00 annually, 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.

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SECTION 27. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease amendment, including the execution of all necessary documents.

SECTION 28. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 29. That the amendment to the ground lease shall be recorded by the Lessee in the Superior Court of Effingham County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 30. That the above-described real property shall remain in the custody of the Technical College System of Georgia until the property is conveyed.

ARTICLE VI SECTION 31.

The State of Georgia is the owner of the above-described property located in Fulton County, containing approximately 0.006 of an acre, and that in all matters relating to the conveyance of said real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 32. That the State of Georgia, acting by and through the State Properties Commission, is authorized to convey to the Georgia Department of Transportation for the consideration of $10.00, and for such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 33. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance, including the execution of all necessary documents.

SECTION 34. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

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SECTION 35. That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee in the Superior Court of Fulton County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 36. That the above-described real property shall remain in the custody of the Department of Economic Development until the property is conveyed.

ARTICLE VII SECTION 37.

The State of Georgia is the owner of the above-described property located in Fulton County containing approximately 3.0 acres, and that in all matters relating to the conveyance and easements of said real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 38. That the State of Georgia, acting by and through the State Properties Commission, is authorized to convey to the City of Atlanta for fair market value and the State of Georgia, Georgia Building Authority, and CSX will retain an access easement, or for a consideration of $10.00 and the requirement for the City of Atlanta to maintain the State of Georgia's, Georgia Building Authority's and CSX's access easement, and for such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 39. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance and granting of easements, including the execution of all necessary documents.

SECTION 40. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 41. That the deed or deeds and plat or plats of the conveyance and easement documents shall be recorded by the Grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 42. That the above-described real property shall remain in the custody of the State Properties Commission until the property is conveyed.

ARTICLE VIII SECTION 43.

That the State of Georgia is the presumptive owner of certain marshlands located in Glynn County, Georgia, as described above, consisting of approximately 4,086.07 acres, which may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 44. That the Georgia General Assembly has declared that activities in the State's coastal marshlands must be regulated to ensure that the values and functions of the coastal marshlands are not impaired and that the Georgia General Assembly has authorized the Department of Natural Resources to administer and enforce the Coastal Marshlands Protection Act, O.C.G.A. 12-5-280, et seq. Furthermore, the Governor has authorized the Department of Natural Resources to act on his behalf on all requests to utilize state owned water bottoms covered by tidal waters which are in the Governor's custody and control, O.C.G.A. 50-16-61.

SECTION 45. That Glynn New Hope, LLC desires to, at its sole cost and expense, establish, construct, operate, maintain, and monitor a tidal marsh wetland mitigation bank on the Mitigation Bank Property in accordance with a mitigation banking instrument or instruments approved by the United States Army Corps of Engineers and the compensatory mitigation rules and regulations of the United States Army Corps of Engineers (33 C.F.R. Part 325 and 33 C.F.R. Part 332) and the Environmental Protection Agency (40 C.F.R. Part 230).

SECTION 46. That to resolve all disputes as to ownership of the above-referenced approximately 4,086.07 acres of marshland, the State Properties Commission is authorized to:
(1) Convey by quitclaim deed to Glynn New Hope the state's interest in the property, of which title to the approximately 4,086.07 acres of marshland shall be held in escrow for not more than ten years, unless extended by the State Properties Commission, until such time as any mitigation bank or banks is approved by the United States Army Corps of Engineers, after which time Glynn New Hope shall promptly cause the quitclaim deed to be recorded, under such terms and conditions as the State Properties Commission may stipulate; and

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(2) In exchange for and in consideration of the above-referenced quitclaim from the state and in order to resolve all disputes as to ownership of the above-referenced marshlands, Glynn New Hope, as part of a settlement, shall:
(A) Transfer to the state 20 percent of each credit release granted from the approved mitigation bank or banks and generated from the property; and (B) Return the entire 4,086.07 acres of marshland by way of various terms of the settlement agreement for conveyance of property back to the state via quitclaim to include either at the exhaustion of Glynn New Hope 1043, LLC seeking approval of a permit or permits for a mitigation bank or banks on either the entire or portions of the 4,086.07 acres of marshland during the ten-year timeframe, no credit releases after ten years have occurred for any approved mitigation bank or banks, exhaustion of all credits from any approved mitigation banks or banks, or after 25 years from any approved mitigation bank or banks for which not all mitigation credits have been generated or released, whichever is earlier.

SECTION 47. That the State Properties Commission is authorized to place restrictions on any of the property to be quitclaimed to Glynn New Hope and to require a more particular description of the property that is to be so restricted.

SECTION 48. That all quitclaim deeds executed in connection with this resolution, whether conveying property to or from the State, shall be recorded by Glynn New Hope in the office of the Clerk of the Superior Court of Glynn County, and Glynn New Hope shall provide a copy of the recorded deeds promptly to the State Properties Commission to be inventoried and retained by the State Properties Commission.

SECTION 49. That the authorization in this resolution shall expire three years after the date that this resolution becomes effective.

ARTICLE IX SECTION 50.

The State of Georgia is the owner of the above-described property located in Habersham County, containing approximately 4.75 acres, and that in all matters relating to the conveyance of said real property the State of Georgia is acting by and through its State Properties Commission.

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SECTION 51. That the State of Georgia, acting by and through the State Properties Commission, is authorized to convey to the Town of Alto for $10.00 so long as the property is used for public purpose in perpetuity, and for such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 52. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance, including the execution of all necessary documents.

SECTION 53. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 54. That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee in the Superior Court of Habersham County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 55. That the above-described real property shall remain in the custody of the Department of Corrections until the property is conveyed.

ARTICLE X SECTION 56.

The State of Georgia is the owner of the above-described property located in Habersham County, containing approximately 20.0 acres, and that in all matters relating to the conveyance of said real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 57. That the State of Georgia, acting by and through the State Properties Commission, is authorized to convey to Habersham County for a consideration of $10.00 so long as the property is used for public purpose in perpetuity; or by competitive bid for fair market value; or to a local government or state entity for fair market value or to a local government or state entity for a consideration of $10.00 so long as the property is used for public purpose in perpetuity; and for such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

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SECTION 58. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance, including the execution of all necessary documents.

SECTION 59. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 60. That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee in the Superior Court of Habersham County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 61. That the above-described real property shall remain in the custody of the Department of Corrections until the property is conveyed.

ARTICLE XI SECTION 62.

The State of Georgia is the owner of the above-described property located in Habersham County, containing approximately 192.0 acres, and that in all matters relating to the conveyance of said real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 63. That the State of Georgia, acting by and through the State Properties Commission, is authorized to convey to Habersham County up to 180.0 acres for fair market value; or by competitive bid for fair market value; or to a local government or state entity for fair market value or to a local government or state entity for a consideration of $10.00 so long as the property is used for public purpose in perpetuity; and for such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 64. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance, including the execution of all necessary documents.

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SECTION 65. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 66. That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee in the Superior Court of Habersham County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 67. That the above-described real property shall remain in the custody of the Department of Corrections until the property is conveyed.

ARTICLE XII SECTION 68.

The State of Georgia is the owner of the above-described property located in Hall County, containing approximately 3.707 acres, and that in all matters relating to the conveyance and easement of said real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 69. That the State of Georgia, acting by and through the State Properties Commission, is authorized to convey to the Georgia Department of Transportation for a total consideration of $229,180.00, being composed of $21,200.00 in value for the fee, $98,030.00 for granting of the permanent easement, and $109,950.00 in value for the damages to the fixtures, signs, irrigation, and landscaping; and for such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 70. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance and granting of easements, including the execution of all necessary documents.

SECTION 71. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

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SECTION 72. That the deed or deeds and plat or plats of the conveyance and easement documents shall be recorded by the Grantee in the Superior Court of Hall County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 73. That the above-described real property shall remain in the custody of the Technical College System of Georgia until the property is conveyed.

ARTICLE XIII SECTION 74.

The State of Georgia is the owner of the above-described communication tower located in Hall County, and that in all matters relating to the lease of said communication tower space the State of Georgia is acting by and through its State Properties Commission.

SECTION 75. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease to Southern Linc for a term of 25 years for fair market value and for such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 76. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease, including the execution of all necessary documents.

SECTION 77. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 78. That the lease documents shall be recorded by the Lessee in the Superior Court of Hall County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 79. That the above-described real property shall remain in the custody of the Department of Public Safety until the property is conveyed.

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ARTICLE XIV SECTION 80.

The State of Georgia is the owner of the above-described property located in Henry County, containing approximately 0.339 of an acre, and that in all matters relating to the conveyance and easement of said real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 81. That the State of Georgia, acting by and through the State Properties Commission, is authorized to convey to Henry County for a total consideration of $67,107.00, being composed of $57,245.00 in value for the fee and $9,862.00 for granting of the permanent easement; and for such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 82. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance and granting of easements, including the execution of all necessary documents.

SECTION 83. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 84. That the deed or deeds and plat or plats of the conveyance and easement documents shall be recorded by the Grantee in the Superior Court of Henry County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 85. That the above-described real property shall remain in the custody of the Technical College System of Georgia until the property is conveyed.

ARTICLE XV SECTION 86.

The State of Georgia is the owner of the above-described communication tower located in Miller County, and that in all matters relating to the lease of said communication tower space the State of Georgia is acting by and through its State Properties Commission.

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SECTION 87. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease to Southern Linc for a term of 25 years for fair market value and for such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 88. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease, including the execution of all necessary documents.

SECTION 89. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 90. That the lease documents shall be recorded by the Lessee in the Superior Court of Miller County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 91. That the above-described real property shall remain in the custody of the Department of Public Safety until the property is conveyed.

ARTICLE XVI SECTION 92.

The State of Georgia is the lessee of the above-described communication tower located in Sumter County, and that in all matters relating to the lease of said communication tower space the State of Georgia is acting by and through its State Properties Commission.

SECTION 93. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease to Southern Linc for a term of 25 years for fair market value and for such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 94. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease, including the execution of all necessary documents.

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SECTION 95. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 96. That the lease documents shall be recorded by the Lessee in the Superior Court of Sumter County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 97. That the above-described real property shall remain in the custody of the Department of Public Safety until the property is conveyed.

SECTION 98. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Sumter County Board of Commissioners for fair market value and the removal of the public purpose use restriction; 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.

ARTICLE XVII SECTION 99.

That the State of Georgia is the owner of the above-described real property in Sumter County containing approximately 11.561 acres, 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 100. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Sumter County Board of Commissioners for fair market value and the removal of the public purpose use restriction; and for 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 101. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

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SECTION 102. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance, including the execution of all necessary documents.

SECTION 103. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Sumter County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 104. That the above-described property shall remain in the custody of the Georgia Department of Defense until the property is conveyed.

ARTICLE XVIII SECTION 105.

The State of Georgia is the owner of the above-described communication tower located in Tattnall County, and that in all matters relating to the lease of said communication tower space the State of Georgia is acting by and through its State Properties Commission.

SECTION 106. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease to Southern Linc for a term of 25 years for fair market value and for such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 107. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease, including the execution of all necessary documents.

SECTION 108. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 109. That the lease documents shall be recorded by the Lessee in the Superior Court of Tattnall County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 110. That the above-described real property shall remain in the custody of the Department of Public Safety until the property is conveyed.

ARTICLE XIX SECTION 111.

That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.

SECTION 112. That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 14, 2025.

__________

PROPERTY NONEXCLUSIVE EASEMENTS; AUTHORIZATION.

No. 365 (House Resolution No. 98).

A RESOLUTION

Authorizing the granting of non-exclusive easements for the construction, installation, operation, and maintenance of facilities, utilities, roads, and ingresses and egresses in, on, over, under, upon, across, or through property owned by the State of Georgia in Barrow, Bryan, Chatham, Cherokee, Coweta, Fulton, Glynn, Habersham, Hall, Haralson, Jeff Davis, Lamar, McDuffie, Paulding, Walker, and Walton Counties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

WHEREAS, the State of Georgia is the owner of certain real property located in Barrow, Bryan, Catham, Cherokee, Coweta, Fulton, Glynn, Habersham, Hall, Haralson, Jeff Davis, Lamar, McDuffie, Paulding, Walker, and Walton Counties; and

WHEREAS, Atlanta Gas Light, Brunswick-Glynn Joint Water and Sewer Commission, the City of Atlanta, the City of Barnesville, Georgia Power Company, Jefferson Energy Cooperative, Newton County Water and Sewer Authority, North Georgia Electric Membership Cooperation, Satilla Rural Electric Membership Corporation, and Spectrum Company desire to construct, install, operate, and maintain facilities, utilities, and ingresses and egresses in, on, over, under, upon, across, or through a portion of said property; and

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WHEREAS, these non-exclusive easements, facilities, utilities, roads, and ingresses and egresses in, on, over, under, upon, across, or through the above-described state property have been requested or approved by the Department of Driver Services, Department of Economic Development, Department of Natural Resources, Department of Community Supervision, State Properties Commission, and Technical College System of Georgia.

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I SECTION 1.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Barrow County, Georgia, and is commonly known as Fort Yargo State Park, and the property is in the custody of the Department of Natural Resources which, by official action dated June 25, 2024, does not object to the granting of an easement; and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a non-exclusive easement for the construction, installation, operation, and maintenance of underground single-phase facilities, conversion of existing overhead and underground distribution lines, radial single phase primary cable and three single phase pad mount transformers, and associated equipment to provide power to the beach and day use area. Said easement is located in Barrow County, and is more particularly described as follows:
That approximately 1.0 acre, lying and being in the 243rd G.M. District, City of Winder, Barrow County, Georgia, and that portion only as shown on an engineer drawing furnished by the Georgia Power Company, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 3. That the above-described easement area shall be used solely for the purpose of the construction, installation, operation, and maintenance of underground single-phase facilities, conversion of existing overhead and underground distribution lines, radial single phase primary cable and three single phase pad mount transformers, and associated equipment.

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SECTION 4. The Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction, installation, operation, and maintenance of underground single-phase facilities, conversion of existing overhead and underground distribution lines, radial single phase primary cable and three single phase pad mount transformers, and associated equipment.

SECTION 5. That after Georgia Power Company has put into use the underground single-phase facilities, conversion of existing overhead and underground distribution lines, radial single phase primary cable and three phase pad mount transformers, and associated equipment this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the underground single-phase facilities, conversion of existing overhead conversion of existing overhead and underground distribution lines, radial single phase primary cable and three single phase pad mount transformers, and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 6. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia.

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Upon written request from Georgia Power Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 8. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 9. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Georgia Power Company shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 10. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 11. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Barrow County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 12. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 13. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

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ARTICLE II SECTION 14.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Barrow County, Georgia, and is commonly known as Fort Yargo State Park, and the property is in the custody of the Department of Natural Resources which, by official action dated August 24, 2021, does not object to the granting of an easement and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 15. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a non-exclusive easement for the construction, installation, operation, and maintenance of underground fiber optic cable lines within Georgia Power's right of way to serve the area. Said easement area is located in Barrow County, and is more particularly described as follows:
That approximately 15.0 acres, lying and being in 249th G.M. District, Barrow County, Georgia, and that portion only as shown on an aerial drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 16. That the above-described easement area shall be used solely for the construction, installation, operation, and maintenance of underground fiber optic cable lines within Georgia Power's existing right of way.

SECTION 17. Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of underground fiber optic cable lines.

SECTION 18. That, after Georgia Power Company has put into use the underground fiber optic cable lines this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the underground fiber optic cable lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 19. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 20. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the State's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Georgia Power Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 21. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 22. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Georgia Power Company shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

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SECTION 23. That the consideration for such easement shall be for fair market value not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 24. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Barrow County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 25. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 26. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE III SECTION 27.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Bryan County, Georgia, and is commonly known as the Hyundai EV QuickStart Training Center, and the property is in the custody of the Technical College System of Georgia which, by official action dated December 5, 2024, does not object to the granting of an easement; and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 28. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a non-exclusive easement for the construction, installation, operation, and maintenance of underground distribution lines and associated equipment to serve the new Hyundai EV Training Center (TCSG-398). Said easement area is located in Bryan County, and is more particularly described as follows:
That approximately 2.34 acres, lying and being in 1380th G.M. District, Bryan County, Georgia, and that portion only as shown on an engineer drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

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SECTION 29. That the above-described easement area shall be used solely for the construction, installation, operation, and maintenance of underground distribution lines and associated equipment.

SECTION 30. Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of underground distribution lines and associated equipment.

SECTION 31. That, after Georgia Power Company has put into use the underground distribution lines and associated equipment this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the underground distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 32. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 33. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Georgia Power Company or any third party, the State Properties

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Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 34. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 35. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Georgia Power Company shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 36. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 37. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Bryan County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 38. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 39. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

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ARTICLE IV SECTION 40.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Chatham County, Georgia, and is commonly known as the Pooler Regional Training Center QuickStart, and the property is in the custody of the Technical College System of Georgia which, by official action dated April 4, 2024, does not object to the granting of an easement; and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 41. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a non-exclusive easement for the construction, installation, operation, and maintenance of a three-phase primary underground wire and three-phase pad mount transformer, distribution line and associated equipment to serve EV Training Center Expansion (TCSG-399). Said easement area is located in Chatham County, and is more particularly described as follows:
That approximately 0.78 of an acre, lying and being in the 7th G.M. District, City of Pooler, Chatham County, Georgia, and that portion only as shown on an engineer drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 42. That the above-described easement area shall be used solely for the purpose of the construction, installation, operation, and maintenance of a three-phase primary underground wire and three-phase pad mount transformer, distribution line and associated equipment.

SECTION 43. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction, installation, operation, and maintenance of a three-phase primary underground wire and three-phase pad mount transformer, distribution line and associated equipment.

SECTION 44. That, after Georgia Power Company has put into use the three-phase primary underground wire and three-phase pad mount transformer, distribution line and associated equipment this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its

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successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the three-phase primary underground wire and three-phase pad mount transformer, distribution line and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 45. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 46. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Georgia Power Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 47. That the easement granted Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 48. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with

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respect to the city street system. Georgia Power Company shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 49. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 50. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Chatham County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 51. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 52. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE V SECTION 53.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Cherokee County, Georgia, and is commonly known as McGraw Ford Wildlife Management Area, and the property is in the custody of the Department of Natural Resources which, by official action dated August 27, 2024, does not object to the granting of an easement; and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 54. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a non-exclusive easement for the construction, installation, operation, and maintenance of a transmission tie line and associated equipment to connect a battery storage station to Georgia Power Company's McGrau Ford substation. Said easement area is located in Cherokee County, and is more particularly described as follows:

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That approximately 4.53 acres, lying and being in District 219, City of Ball Ground, Cherokee County, Georgia, and that portion only as shown on an engineer drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 55. That the above-described easement area shall be used solely for the purpose of the construction, installation, operation, and maintenance of a transmission tie line and associated equipment to connect a battery storage station.

SECTION 56. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction installation, operation, and maintenance of a transmission tie line and associated equipment to connect a battery storage station.

SECTION 57. That, after Georgia Power Company has put into use the transmission tie line and associated equipment to connect a battery storage station this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the transmission tie line and associated equipment to connect a battery storage station shall become the property of the State of Georgia, or its successors and assigns.

SECTION 58. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 59. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent

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non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Georgia Power Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 60. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 61. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Georgia Power Company shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 62. That the consideration for such easement shall be for fair market value not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 63. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Cherokee County and a recorded copy shall be promptly forwarded to the State Properties Commission.

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SECTION 64. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 65. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE VI SECTION 66.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Coweta County, Georgia, and is commonly known as the Chattahoochee Bend State Park, and the property is in the custody of the Department of Natural Resources which, by official action dated April 24, 2024, does not object to the granting of an easement; and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 67. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Spectrum Company, or its successors and assigns, a non-exclusive easement for the construction, installation, operation, and maintenance of underground and overhead fiber optic lines and associated equipment to improve communications at the park. Said easement area is located in Coweta County, and is more particularly described as follows:
That approximately 3.0 acres, lying and being in Land Lots 3 and 4, 7th Land District, City of Newnan, Coweta County, Georgia, and that portion only as shown on an aerial furnished by Spectrum Company, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 68. That the above-described easement area shall be used solely for the construction, installation, operation, and maintenance of underground and overhead fiber optic lines and associated equipment.

SECTION 69. That the Spectrum Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction, installation, operation, and maintenance of underground and overhead fiber optic lines and associated equipment.

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SECTION 70. That, after Spectrum Company has put into use the underground and overhead fiber optic lines and associated equipment this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Spectrum Company, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the underground and overhead fiber optic lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 71. That no title shall be conveyed to Spectrum Company and, except as herein specifically granted to Spectrum Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Spectrum Company.

SECTION 72. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Spectrum Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Spectrum Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Spectrum Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 73. That the easement granted to Spectrum Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 74. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Spectrum Company shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 75. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 76. That this grant of easement shall be recorded by the Spectrum Company in the Superior Court of Coweta County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 77. That the authorization in this resolution to grant the above-described easement to the Spectrum Company shall expire three years after the date that this resolution becomes effective.

SECTION 78. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE VII SECTION 79.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Fulton County, Georgia, and is commonly known as the Western and Atlantic Railroad, and the property is in the custody of the State Properties Commission which does not object to the granting of an easement; and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 80. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Atlanta, or its successors and assigns, a non-exclusive easement for the construction, installation, operation, and maintenance of the Central Avenue bridge

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replacement project (PI 0025295). Said easement area is located in Fulton County, and is more particularly described as follows:
That approximately 0.09 of an acre, lying and being in Land Lot 77, Land District 14, 1379th G.M. District, City of Atlanta, Fulton County, Georgia, and that portion only as shown on a right of way plans by the City of Atlanta, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 81. That the above-described easement area shall be used solely for the purpose of the construction, installation, operation, and maintenance of a bridge replacement project.

SECTION 82. That City of Atlanta shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction, installation, operation, and maintenance of a bridge replacement project.

SECTION 83. That, after the City of Atlanta has put into use the bridge replacement this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Atlanta, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the bridge shall become the property of the State of Georgia, or its successors and assigns.

SECTION 84. That no title shall be conveyed to the City of Atlanta and, except as herein specifically granted to the City of Atlanta, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Atlanta.

SECTION 85. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its

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discretion determine to be in the best interests of the State of Georgia, the City of Atlanta shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, the City of Atlanta provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from the City of Atlanta or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 86. That the easement granted to the City of Atlanta shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 87. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The City of Atlanta shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 88. That the consideration for such easement shall be for the consideration of $96,400.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 89. That this grant of easement shall be recorded by the City of Atlanta in the Superior Court of Fulton County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 90. That the authorization in this resolution to grant the above-described easement to the City of Atlanta shall expire three years after the date that this resolution becomes effective.

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SECTION 91. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE VIII SECTION 92.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Glynn Georgia, and is commonly known as Hofwyl Plantation, and the property is in the custody of the Department of Natural Resources which, by official action, does not object to the granting of an easement and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 93. That the State of Georgia, acting by and through its State Properties Commission, may grant to Brunswick-Glynn Joint Water and Sewer Commission, or its successors and assigns, a non-exclusive easement for the construction, installation, operation and maintenance of various underground utilities and associated equipment to serve Hofwyl Plantation. Said easement area is located in Glynn County, and is more particularly described as follows:
That approximately up to 8.0 acres, lying and being in the 26th G.M.D., Glynn County, Georgia, and that portion only as shown on an aerial furnished by Brunswick-Glynn Joint Water and Sewer Commission, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 94. That the above-described easement area shall be used solely for the construction, installation, operation and maintenance of various underground utilities and associated equipment.

SECTION 95. Brunswick-Glynn Joint Water and Sewer Commission shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation and maintenance of various underground utilities and associated equipment.

SECTION 96. That, after Brunswick-Glynn Joint Water and Sewer Commission has put into use the various underground utilities and associated equipment this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted

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herein. Upon abandonment, Brunswick-Glynn Joint Water and Sewer Commission, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the easement area shall become the property of the State of Georgia, or its successors and assigns.

SECTION 97. That no title shall be conveyed to Brunswick-Glynn Joint Water and Sewer Commission and, except as herein specifically granted to Brunswick-Glynn Joint Water and Sewer Commission, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Brunswick-Glynn Joint Water and Sewer Commission.

SECTION 98. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Brunswick-Glynn Joint Water and Sewer Commission shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Brunswick-Glynn Joint Water and Sewer Commission provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Brunswick-Glynn Joint Water and Sewer Commission or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the underground utilities without cost, expense or reimbursement from the State of Georgia.

SECTION 99. That the easement granted to Brunswick-Glynn Joint Water and Sewer Commission shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 100. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Brunswick-Glynn Joint Water and Sewer Commission shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 101. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 102. That this grant of easement shall be recorded by Brunswick-Glynn Joint Water and Sewer Commission in the Superior Court of Glynn County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 103. That the authorization in this resolution to grant the above-described easement to Brunswick-Glynn Joint Water and Sewer Commission shall expire three years after the date that this resolution becomes effective.

SECTION 104. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE IX SECTION 105.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Habersham County, Georgia, and is commonly known as the Main Campus of North Georgia Technical College, and the property is in the custody of the Technical College System of Georgia which, by official action dated February 12, 2025, does not object to the granting of an easement and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 106. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a non-exclusive easement for the

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construction, installation, operation, and maintenance of a three-phase primary underground wire and one three-phase pad mount transformer to serve the Dr. Mark A. Ivester Center Living and Learning Building. Said easement area is located in Habersham County, and is more particularly described as follows:
That approximately 0.24 of an acre, lying and being in Land Lots 83, 84, and 85, 11th Land District, Habersham County, Georgia, and that portion only as shown on an aerial drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 107. That the above-described easement area shall be used solely for the construction, installation, operation, and maintenance of a three-phase primary underground wire and one three-phase pad mount transformer.

SECTION 108. Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of a three-phase primary underground wire and one three-phase pad mount transformer.

SECTION 109. That, after Georgia Power Company has put into use the three-phase primary underground wire and one three-phase pad mount transformer this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the three-phase underground wire and pad mount transformer shall become the property of the State of Georgia, or its successors and assigns.

SECTION 110. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

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SECTION 111. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Georgia Power Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 112. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted..

SECTION 113. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Georgia Power Company shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 114. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

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SECTION 115. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Habersham County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 116. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 117. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE X SECTION 118.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Hall County, Georgia, and is commonly known as Lanier Technical College, and the property is in the custody of the Technical College System of Georgia which, by official action dated February 6, 2025, does not object to the granting of an easement and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 119. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a non-exclusive easement for the relocation of distribution lines, transformer, and terminating cabinet. Said easement area is located in Hall County, and is more particularly described as follows:
That approximately 1.6 acres, lying and being in G.M.D. 411, Hall County, Georgia, and that portion only as shown on an engineer drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 120. That the above-described easement area shall be used solely for the purpose of the relocation of distribution lines, transformer, and terminating cabinet.

SECTION 121. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the

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relocation of distribution lines, transformer, and terminating cabinet, this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the distribution lines, transformer, and terminating cabinet, shall become the property of the State of Georgia, or its successors and assigns.

SECTION 122. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 123. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Georgia Power Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 124. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 125. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Georgia Power Company shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 126. That the consideration for such easement shall be for fair market value not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 127. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Hall County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 128. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 129. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XI SECTION 130.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Haralson County, Georgia, and is commonly known as the Murphy Campus of West Georgia Technical College, and the property is in the custody of the Technical College System of Georgia which, by official action dated February 6, 2025, does not object to the granting of an easement and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 131. That the State of Georgia, acting by and through its State Properties Commission, may grant to Atlanta Gas Light, or its successors and assigns, a non-exclusive easement for the construction, installation, operation, and maintenance of underground gas distribution lines

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to serve TCSG-392 Industrial Building. Said easement area is located in Haralson County, and is more particularly described as follows:
That approximately 0.76 of an acre, lying and being in Land Lots 273, 274, 263, and 264, 7th District, 3rd Section, Haralson County, Georgia, and that portion only as shown on an engineer drawing furnished by Atlanta Gas Light, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 132. That the above-described easement area shall be used solely for the purpose of the construction, installation, operation, and maintenance of underground gas distribution lines.

SECTION 133. That Atlanta Gas Light shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of underground gas distribution lines, this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Atlanta Gas Light, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the underground gas distribution lines, shall become the property of the State of Georgia, or its successors and assigns.

SECTION 134. That no title shall be conveyed to Atlanta Gas Light and, except as herein specifically granted to Atlanta Gas Light, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Atlanta Gas Light.

SECTION 135. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Atlanta Gas Light shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Atlanta Gas Light provides a written estimate for the cost

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of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Atlanta Gas Light or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 136. That the easement granted to Atlanta Gas Light shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 137. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the County road system or of a municipality with respect to the city street system. Atlanta Gas Light shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 138. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 139. That this grant of easement shall be recorded by Atlanta Gas Light in the Superior Court of Haralson County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 140. That the authorization in this resolution to grant the above-described easement to Atlanta Gas Light shall expire three years after the date that this resolution becomes effective.

SECTION 141. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

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ARTICLE XII SECTION 142.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Haralson County, Georgia, and is commonly known as the West Georgia Technical College Murphy Campus, and the property is in the custody of the Technical College System of Georgia which, by official action dated October 22, 2024, does not object to the granting of an easement; and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 143. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Power Company, or its successors and assigns, a non-exclusive easement for the construction, installation, operation, and maintenance of a new transformer, underground distribution lines, and associated equipment to serve the new Industrial Building (TCSG-392). Said easement area is located in Haralson County, and is more particularly described as follows:
That approximately 2.22 acres, lying and being in Land Lot 273, 7th Land District, City of Waco, Haralson County, Georgia, and that portion only as shown on an engineer drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 144. That the above-described easement area shall be used solely for the construction, installation, operation, and maintenance of a new transformer, underground distribution lines, and associated equipment.

SECTION 145. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction, installation, operation, and maintenance of a new transformer, underground distribution lines, and associated equipment.

SECTION 146. That, after Georgia Power Company has put into use the new transformer, underground distribution lines, and associated equipment this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall

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have the option of removing their equipment from the easement area or leaving the same in place, in which event the transformer, underground distribution lines, and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 147. That no title shall be conveyed to the Georgia Power Company and, except as herein specifically granted to the Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 148. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Georgia Power Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 149. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 150. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Georgia Power Company shall obtain any and all other

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required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 151. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 152. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Haralson County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 153. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 154. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XIII SECTION 155.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Jeff Davis County, Georgia, and is commonly known as the Hazlehurst Customer Service Center, and the property is in the custody of the Department of Driver Services which, by official action dated January 24, 2025, does not object to the granting of an easement and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 156. That the State of Georgia, acting by and through its State Properties Commission, may grant to Satilla Rural Electric Membership Corporation, or its successors and assigns, a non-exclusive easement for the construction, installation, operation, and maintenance of underground electrical distribution lines and associated equipment to serve the new Customer Service Center. Said easement area is located in Jeff Davis County, and is more particularly described as follows:
That approximately 0.03 of an acre, lying and being in Land Lots 550 and 551, 2nd Land District, City of Hazlehurst, Jeff Davis County, Georgia, and that portion only as shown

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on an engineer drawing furnished by Satilla Rural Electric Membership Corporation, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 157. That the above-described easement area shall be used solely for the purpose of the construction, installation, operation, and maintenance of underground electrical distribution lines and associated equipment.

SECTION 158. That Satilla Rural Electric Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of underground electrical distribution lines and associated equipment, this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Satilla Rural Electric Membership Corporation, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the underground electrical distribution lines and associated equipment, shall become the property of the State of Georgia, or its successors and assigns.

SECTION 159. That no title shall be conveyed to Satilla Rural Electric Membership Corporation and, except as herein specifically granted to Satilla Rural Electric Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Satilla Rural Electric Membership Corporation.

SECTION 160. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Satilla Rural Electric Membership Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Satilla Rural Electric Membership

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Corporation provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Satilla Rural Electric Membership Corporation or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 161. That the easement granted to Satilla Rural Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 162. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Satilla Rural Electric Membership Corporation shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 163. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 164. That this grant of easement shall be recorded by Satilla Rural Electric Membership Corporation in the Superior Court of Jeff Davis County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 165. That the authorization in this resolution to grant the above-described easement to Satilla Rural Electric Membership Corporation shall expire three years after the date that this resolution becomes effective.

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SECTION 166. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XIV SECTION 167.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Lamar County, Georgia, and is commonly known as the Department of Community Supervision Barnesville Field Office, and the property is in the custody of the Department of Community Supervision which, by official action dated June 20, 2024, does not object to the granting of an easement; and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 168. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Barnesville, Georgia, or its successors and assigns, a non-exclusive easement for the sewer system upgrade project. Said easement area is located in Lamar County, and is more particularly described as follows:
That approximately 0.40 of an acre, lying and being in Land Lot 119, 7th Land District, City of Barnesville, Lamar County, Georgia, and that portion only as shown on an aerial furnished by City of Barnesville, Georgia, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 169. That the above-described easement area shall be used solely for the construction, installation, operation, and maintenance of the sewer system upgrade project.

SECTION 170. That the City of Barnesville, Georgia shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of the sewer system.

SECTION 171. That, after the City of Barnesville, Georgia has put into use the sewer system this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Barnesville, Georgia, or its successors and assigns, shall have the option of removing their facilities from the easement

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area or leaving the same in place, in which event the sewer system shall become the property of the State of Georgia, or its successors and assigns.

SECTION 172. That no title shall be conveyed to the City of Barnesville, Georgia and, except as herein specifically granted to City of Barnesville, Georgia, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Barnesville, Georgia.

SECTION 173. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Barnesville, Georgia shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, the City of Barnesville, Georgia provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from the City of Barnesville, Georgia or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 174. That the easement granted to the City of Barnesville, Georgia shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 175. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The City of Barnesville, Georgia shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its

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lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 176. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 177. That this grant of easement shall be recorded by City of Barnesville, Georgia in the Superior Court of Lamar County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 178. That the authorization in this resolution to grant the above-described easement to the City of Barnesville, Georgia shall expire three years after the date that this resolution becomes effective.

SECTION 179. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XV SECTION 180.

That the State of Georgia is the owner of the hereinafter described real property lying and being in McDuffie County, Georgia, and is commonly known as the McDuffie Public Fishing Area, and the property is in the custody of the Department of Natural Resources which, by official action dated August 27, 2024, does not object to the granting of an easement; and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 181. That the State of Georgia, acting by and through its State Properties Commission, may grant to Jefferson Energy Cooperative or its successors and assigns, a non-exclusive easement for the construction, installation, operation, and maintenance of underground distribution line and associated equipment to serve a new residence building. Said easement area is located in McDuffie County, and is more particularly described as follows:
That approximately 0.5 of an acre, lying and being in the 133rd Land District, McDuffie County, Georgia, and that portion only as shown on an aerial drawing furnished by Jefferson Energy Cooperative, and being on file in the offices of the State Properties

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Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 182. That the above-described easement area shall be used solely for the purpose of the construction, installation, operation, and maintenance of underground distribution line and associated equipment.

SECTION 183. That Jefferson Energy Cooperative shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction, installation, operation, and maintenance of underground distribution line and associated equipment.

SECTION 184. That, after Jefferson Energy Cooperative has put into use the underground distribution line and associated equipment this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Jefferson Energy Cooperative, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the underground distribution line and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 185. That no title shall be conveyed to Jefferson Energy Cooperative and, except as herein specifically granted to Jefferson Energy Cooperative, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted Jefferson Energy Cooperative.

SECTION 186. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Jefferson Energy Cooperative shall remove or relocate its facilities to the alternate easement area at its sole

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cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Jefferson Energy Cooperative provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Jefferson Energy Cooperative or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the Jefferson Energy Cooperative.

SECTION 187. That the easement granted to Jefferson Energy Cooperative shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 188. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Jefferson Energy Cooperative shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 189. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 190. That this grant of easement shall be recorded by Jefferson Energy Cooperative in the Superior Court of McDuffie County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 191. That the authorization in this resolution to grant the above-described easement to Jefferson Energy Cooperative shall expire three years after the date that this resolution becomes effective.

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SECTION 192. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XVI SECTION 193.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Paulding County, Georgia, and is commonly known as Paulding Forest Wildlife Management Area, and the property is in the custody of the Department of Natural Resources which, by official action dated September 24, 2024, does not object to the granting of an easement; and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 194. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company or its successors and assigns, a non-exclusive easement for the construction, installation, operation, and maintenance of underground distribution line and associated equipment to serve Paulding County 911 Communication Tower. Said easement area is located in Paulding County, and is more particularly described as follows:

SECTION 195. That the above-described easement area shall be used solely for the purpose of the construction, installation, operation, and maintenance of underground distribution line and associated equipment.

SECTION 196. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction, installation, operation, and maintenance of underground distribution line and associated equipment.

SECTION 197. That, after Georgia Power Company has put into use the underground distribution line and associated equipment this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing their distribution line and associated equipment from the easement area or leaving the same in place, in which event the underground distribution line and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 198. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 199. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Georgia Power Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from Georgia Power Company.

SECTION 200. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 201. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Georgia Power Company shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

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SECTION 202. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 203. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Paulding County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 204. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 205. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XVII SECTION 206.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Walker County, Georgia, and is commonly known as the Crockford Pigeon Mountain Wildlife Management Area, and the property is in the custody of the Department of Natural Resources which, by official action dated August 27, 2024, does not object to the granting of an easement; and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 207. That the State of Georgia, acting by and through its State Properties Commission, may grant to the North Georgia Electric Membership Corporation, or its successors and assigns, a non-exclusive easement for the construction, installation, operation, and maintenance of overhead electrical distribution lines and associated equipment to serve a new maintenance facility. Said easement area is located in Walker County, and is more particularly described as follows:
That approximately 0.2 of an acre, lying and being in Land Lots 3 and 4, 7th Land District, Walker County, Georgia, and that portion only as shown on an engineer drawing furnished by North Georgia Electric Membership Corporation, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

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SECTION 208. That the above-described easement area shall be used solely for the construction, installation, operation, and maintenance of overhead electrical distribution lines and associated equipment.

SECTION 209. That North Georgia Electric Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction, installation, operation, and maintenance of overhead electrical distribution lines and associated equipment.

SECTION 210. That, after North Georgia Electric Membership Corporation has put into use the overhead electrical distribution lines and associated equipment this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, North Georgia Electric Membership Corporation, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the overhead electrical distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 211. That no title shall be conveyed to North Georgia Electric Membership Corporation and, except as herein specifically granted to North Georgia Electric Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to North Georgia Electric Membership Corporation.

SECTION 212. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and North Georgia Electric Membership Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, North Georgia Electric Membership Corporation provides a written estimate for the cost of such removal and

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relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from North Georgia Electric Membership Corporation or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 213. That the easement granted North Georgia Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 214. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. North Georgia Electric Membership Corporation shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 215. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 216. That this grant of easement shall be recorded by the North Georgia Electric Membership Corporation in the Superior Court of Walker County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 217. That the authorization in this resolution to grant the above-described easement to the North Georgia Electric Membership Corporation shall expire three years after the date that this resolution becomes effective.

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SECTION 218. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XVIII SECTION 219.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Walton County, Georgia, and is commonly known as the Rivian Site, and the property is in the custody of the Department of Economic Development which, by official action dated August 14, 2024, does not object to the granting of an easement; and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 220. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Newton County Water and Sewerage Authority, or its successors and assigns, a non-exclusive easement for the construction, installation, operation, and maintenance of a water tower, underground water, and sewer lines and associated equipment to serve Rivian and QuickStart Site. Said easement area is located in Walton County, and is more particularly described as follows:
That approximately 7.0 acres, lying and being in Land Lot 102, 1st Land District, Walton County, Georgia, and that portion only as shown on an engineer drawing furnished by the Newton County Water and Sewerage Authority, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 221. That the above-described easement area shall be used solely for the construction, installation, operation, and maintenance of a water tower, underground water, and sewer lines and associated equipment.

SECTION 222. That Newton County Water and Sewerage Authority shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction, installation, operation, and maintenance of a water tower, underground water and sewer lines and associated equipment.

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SECTION 223. That, after Newton County Water and Sewerage Authority has put into use the underground sewer lines and associated equipment this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Newton County Water and Sewerage Authority, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the water tower, underground water and sewer lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 224. That no title shall be conveyed to Newton County Water and Sewerage Authority and, except as herein specifically granted to Newton County Water and Sewerage Authority, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Newton County Water and Sewerage Authority.

SECTION 225. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent non-exclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Newton County Water and Sewerage Authority shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Newton County Water and Sewerage Authority provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Newton County Water and Sewerage Authority or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 226. That the easement granted to Newton County Water and Sewerage Authority shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties

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Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 227. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Newton County Water and Sewerage Authority shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 228. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 229. That this grant of easement shall be recorded by the Newton County Water and Sewerage Authority in the Superior Court of Walton County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 230. That the authorization in this resolution to grant the above-described easement to the Newton County Water and Sewerage Authority shall expire three years after the date that this resolution becomes effective.

SECTION 231. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XIX SECTION 232.

That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 233. That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 14, 2025.

__________

HIGHWAYS, BRIDGES, AND FERRIES CERTAIN PORTIONS OF THE STATE HIGHWAY SYSTEM; DEDICATION.

No. 366 (Senate Resolution No. 7).

A RESOLUTION

Dedicating certain portions of the state highway system; and for other purposes.

PART I WHEREAS, the dedication of the Dr. Robert F. Sullivan Memorial Highway was sponsored by Senator Bo Hatchett as SR 583 in the 2024 Session; and

WHEREAS, Dr. Robert F. Sullivan has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, Dr. Sullivan was born on September 21, 1927, the beloved son of Franklin Clyde and Minnie Valdivia "Dee" Gillespie Sullivan and served as a guardian of this nation's freedom and liberty with the United States Navy during the Korean War; and

WHEREAS, Dr. Sullivan earned his medical degree from Emory University, began his medical practice in Carnesville, Georgia, in 1957, and served as chief of staff for Cobb Memorial Hospital in Royston, Georgia; and

WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service as president of the Carnesville Lions Club; and

WHEREAS, a man of deep and abiding faith, Dr. Sullivan was a lifelong member of Carnesville Methodist Church; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his memory.

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PART II WHEREAS, the dedication of the Lary Jack Moree Memorial Bridge was sponsored by Senator Sam Watson as SR 612 in the 2024 Session; and

WHEREAS, Mr. Lary Jack Moree has long been recognized by the citizens of this state for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, Mr. Moree was born on November 9, 1942, the beloved son of R.V. and Miltie Jeanette Johnson Moree and was the owner and operator of Moree's Grocery and Liquor Store, the family business he took over from his father; and

WHEREAS, an avid golfer, Mr. Moree gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens; and

WHEREAS, the devotion, patience, and understanding Mr. Moree demonstrated to his family and friends were admired by others; and

WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and by the example he made of his life, he made this world a better place in which to live; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.

PART III WHEREAS, the dedication of the "Coach" Jerry L. Waller, Sr., and Frances R. Waller Memorial Intersection was sponsored by Senator Steve Gooch as SR 633 in the 2024 Session; and

WHEREAS, Jerry Lee Waller, Sr., was born in Cobb County to the late Gordon Lee Waller and Frances Ocille Smith Waller on March 12, 1938, and was called home to be with the Lord on September 13, 2006; and

WHEREAS, Mary Frances Rogers Waller, who went by Frances, was born in Cohutta to the late Lloyd Rogers and Ethel Oliver Rogers on July 5, 1940, and was called home to be with the Lord on March 27, 2022; and

WHEREAS, Jerry and Frances met and fell in love at Berry College in Rome, Georgia, married on August 26, 1961, and built their lives together and raised a family encompassing six children, 14 grandchildren, and growing numbers of great-grandchildren; and

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WHEREAS, from 1966 and thereafter, Jerry and Frances raised their family in the same home on Lakewood Drive until their passings and played important roles in their community and in their church, the Gospel Light Baptist Tabernacle; and

WHEREAS, Jerry began his career as a school teacher along with Frances before moving back to Cobb County to join the manufacturing industry, culminating in almost 25 years working for Lockheed Martin in Marietta supporting the production of C-130s; and

WHEREAS, Frances's passion was for education and children which was demonstrated by her calling to be an elementary school teacher with over 20 years of service at four schools: Coosa Elementary, Johnson Elementary, Lockheed Elementary, and Marietta Christian School; and

WHEREAS, Frances never stopped being an educator, with a great sense of dry humor, to the young and the old until the day she left this world; and

WHEREAS, Jerry and Frances made youth baseball and sports a family endeavor, making Adams Park in Kennesaw a second home with five children cycling through the park for over two decades; and

WHEREAS, Jerry inspired leadership traits in his children through taking on various roles including coach, umpire, and president of the Kennesaw Baseball Association; and

WHEREAS, Jerry, a deacon, and Frances, a Sunday school teacher, were anchored by their faith and called to serve family, friends, and strangers by opening up their home and offering their resources to those in need for over 45 years; and

WHEREAS, it is abundantly fitting and proper that these remarkable and distinguished Georgians be appropriately recognized by dedicating an intersection in their memory.

PART IV WHEREAS, the dedication of the Dr. Jim Morrow Memorial Intersection was sponsored by Senator Greg Dolezal as SR 631 in the 2024 Session; and

WHEREAS, Dr. Jim Morrow dedicated 43 years to providing compassionate care as a family medicine physician, a gifted diagnostician, and a beloved friend to his patients and colleagues; and

WHEREAS, a graduate of Clemson University and the University of South Carolina, Dr. Morrow was the CEO of Morrow Family Medicine, a state of the art family practice in Cumming, Georgia, for ten years, where he was adored by his staff as a mentor, a friend, and

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a trusted physician and earned the titles of the "Top 25 Place to Work in Atlanta" and the "Best in Forsyth" in family medicine; and

WHEREAS, Dr. Morrow's leadership was invaluable to organizations such as the Certification Commission for Healthcare Information Technology and the Health Information Management and Systems Society (HIMSS); and

WHEREAS, his talent was recognized with numerous honors and awards, including the 2014 Steve Bloom Entrepreneur of the Year by the Cumming Forsyth Chamber of Commerce, the Phoenix Award as Community Leader of the Year from the Metro Atlanta Chamber of Commerce, the HIMSS Primary Care Davies Award, the HIMSS Physician IT Leader of the Year, and the Distinguished Humanitarian Physician Alumni of the Year Award from the University of South Carolina School of Medicine; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating an intersection in his memory.

PART V WHEREAS, the dedication of the Mr. Joseph Donald "J.D." Winston Memorial Intersection was sponsored by Senator Nan Orrock as SR 774 in the 2024 Session; and

WHEREAS, Mr. Joseph Donald "J.D." Winston was born on March 30, 1915, in Lanette, Alabama, the youngest of 11 siblings born to Hope and Mary Winston; and

WHEREAS, a graduate of Washington High School in Atlanta, Georgia, Mr. Winston attended Clark College and dedicated his life to enriching and uplifting young children at the historic Butler Street YMCA, which served as the only Black YMCA in the city; and

WHEREAS, while at the Butler Street YMCA, he served as a mentor to future leaders such as Dr. Martin Luther King, Jr., Vernon Jordan, Jesse Hill, Herman Russell, Maynard Jackson, Walt Frazier, Ambassador Andrew Young, and countless others; and

WHEREAS, his contributions to the community were recognized in 1995 when the Butler Street YMCA constructed a new branch and named the facility the J.D. Winston YMCA; and

WHEREAS, a man of deep and abiding faith, Mr. Winston was an active and faithful member of the Second Mt. Zion Baptist Church, where he served in numerous capacities, including as a Sunday school teacher; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating an intersection in his memory.

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PART VI WHEREAS, the dedication of the Lawhorne Memorial Intersection was sponsored by Representative Brent Cox as HR 1118 in the 2024 Session; and

WHEREAS, Kristi Jayne, Karolyn "Karri" Marie, and Tabbatha Rene' Lawhorne passed away in a tragic car accident on May 17, 1998; and

WHEREAS, Kristi Jayne Lawhorne was born on May 16, 1980, and was a cheerleader, cross-country runner, and a budding actress; and

WHEREAS, Kristi Jayne had a great love for Jesus and after her passing it was discovered that she had a list of over 100 people for whom she prayed daily; and

WHEREAS, Tabbatha Rene' Lawhorne was born in June 18, 1982, and was a standout soccer and softball player; and

WHEREAS, Tabbatha was a compassionate and generous soul, who went out of her way to help others in their time of need; and

WHEREAS, Karolyn "Karri" Marie Lawhorne was born on December 18, 1983, and was beautiful both inside and out; and

WHEREAS, Karri loved her family and friends fiercely and was known as the life of the party as a talented singer, star athlete, and an amazing artist; and

WHEREAS, it is abundantly fitting and proper that these remarkable and distinguished Georgians be recognized appropriately by dedicating an intersection in their memory.

PART VII WHEREAS, the dedication of the Michael Anthony Woodall Memorial Intersection was sponsored by Representative Patty Marie Stinson as HR 1162 in the 2024 Session; and

WHEREAS, Mr. Michael Anthony Woodall was a dedicated and faithful public servant whose life was tragically cut short on June 15, 2023, during service as the District 3 assistant highway maintenance foreman with the Georgia Department of Transportation; and

WHEREAS, Mr. Woodall diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service after numerous severe weather incidents in this state; and

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WHEREAS, he played a vital role for the Georgia Department of Transportation and was known for his willingness to do whatever was necessary to ensure roads in this state were clear and safe for travel; and

WHEREAS, Mr. Woodall began his career with the department in 2018 as an equipment operator and worked his way up to assistant foreman in Columbus; and

WHEREAS, he was known by his colleagues and others as a very kind and generous person who was always willing to help and who never once hesitated when performing his job duties; and

WHEREAS, Mr. Woodall will always be remembered for his love of the outdoors, the Georgia Bulldogs, and his unyielding commitment that set the standard for public service; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating an intersection in his memory.

PART VIII WHEREAS, the dedication of the George R. Eusner Memorial Bridge was sponsored by Representative Patty Marie Stinson as HR 1227 in the 2024 Session; and

WHEREAS, Mr. George R. Eusner was raised in Monticello, New York, and graduated from Virginia Polytechnic Institute in 1942; and

WHEREAS, his work transformed the refractory industry, as the vice president of the refractories and mineral technologies division at U.S. Steel and executive vice president of Davis Fire Brick Company; and

WHEREAS, in 1964, Mr. Eusner saw a need for calcined mullite for the refractory market, which led him to Andersonville, Georgia, where local raw materials were available through the Georgia Kaolin Company, and he joined forces with Mr. Lewis Eastern, mayor of Andersonville, to build a small plant that could produce 50 tons per week of high-quality calcine mullite; and

WHEREAS, he founded Mullite Company of America shortly thereafter, which became a major player in the industry known for its innovative technology and commitment to quality, and it continues to make a positive economic impact for Sumter, Schley, and Macon counties; and

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WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.

PART IX WHEREAS, the dedication of the US Army Cpl. Dewey E. Lewis Jr., Memorial Bridge was sponsored by Representative John Corbett as HR 1228 in the 2024 Session; and

WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and

WHEREAS, Corporal Dewey E. Rewis, Jr., was a guardian of this nation's freedom and liberty with the United States Army, serving in the Korean War; and

WHEREAS, Corporal Rewis was reported missing in action on December 2, 1950, after his unit came under attack during an advance along the eastern banks of the Chosin Reservoir in North Korea; and

WHEREAS, it was reported that Corporal Rewis was held as a prisoner of war and died in an area called the Death Valley, which served as a collection point for United Nations prisoners, but his remains were not returned home to his family and accounted for until October 25, 2022; and

WHEREAS, Corporal Rewis demonstrated selfless service to this nation and his unyielding commitment to protecting the people and ideals of the United States in giving the ultimate sacrifice will be remembered always; and

WHEREAS, he embodied the spirit of service, willing to find meaning in something greater than himself and it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.

PART X WHEREAS, the dedication of the Chairman Pete Liakakis Memorial Highway was sponsored by Representative Carl Gilliard as HR 1250 in the 2024 Session; and

WHEREAS, Mr. Peter "Pete" Liakakis was born on January 9, 1932, in Savannah, Georgia, and attended Savannah High School; and

WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Air Force, was trained as a bomb disposal expert, and worked as the deputy director of civil defense during the Cold War Era and as a covert intelligence officer; and

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WHEREAS, Mr. Liakakis operated several firework retail stores in Savannah and a small chain of Pal Convenience Stores before founding the United Security Agency and later the United Detective Agency, where he earned a well deserved reputation for getting results for his clients; and

WHEREAS, he provided security detail for the stars and sets of several movies filmed in Savannah and went on to co-produce films and television programs with Burt Reynolds through their production company, Sun Classic Pictures; and

WHEREAS, later in life, Mr. Liakakis worked in politics as a campaign manager and adviser before running for office himself in 1995 at age 63, when he was elected as alderman at large for the Savannah City Council; and

WHEREAS, he later served on the Chatham County Board of Commissioners as chairman and held leadership roles for the Chatham Area Transit Authority, the executive committee of the American Cancer Society, Savannah Tech Foundation, and the Beach Institute, to name just a few; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his memory.

PART XI WHEREAS, the dedication of the Frances Bright Johnson Memorial Interchange was sponsored by Representative Carl Gilliard as HR 1251 in the 2024 Session; and

WHEREAS, Mrs. Frances Bright Johnson was born on April 17, 1937, the beloved daughter of Robert Bryant, Sr., and Rosa Lee Williams; and

WHEREAS, Mrs. Johnson was raised in Garden City, Georgia, and graduated from Richard Arnold High School; and

WHEREAS, an active leader of her community, Mrs. Johnson was a lifetime member of the NAACP, served for ten years as chairperson of the Political Advisory Council, was a member of the Chatham County Federation of Democratic Women, and was a member of the YMCA and YWCA Executive Board Democratic Forum; and

WHEREAS, Mrs. Johnson's significant organizational and leadership talents, her remarkable patience and diplomacy, her keen sense of vision, and her sensitivity to the needs of the citizens of this state earned her the respect and admiration of her colleagues and associates; and

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WHEREAS, she was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an interchange in her memory.

PART XII WHEREAS, the dedication of the Rev. Dr. Hosea Williams and Rep. Juanita T. Williams Memorial Interchange was sponsored by Representative Carl Gilliard as HR 1253 in the 2024 Session; and
WHEREAS, Rev. Dr. Hosea L. Williams and Rep. Juanita T. Williams have long been recognized by the citizens of this state for the vital roles that they have played in leadership and their deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, Rev. Dr. Hosea L. Williams was a renowned civil rights leader whose work was crucial in achieving one of the civil rights movement's greatest accomplishments, the passage of the 1964 Civil Rights Bill and the 1965 Voting Rights Act; and
WHEREAS, born on January 5, 1926, Rev. Dr. Williams was orphaned at the age of ten after his blind mother passed away, yet he went on to earn a bachelor's degree in chemistry from Morris Brown College, earn a Purple Heart for his heroic service during World War II, and become a renowned research chemist with the United States Department of Agriculture; and
WHEREAS, Rep. Juanita Williams graduated third in her class at Savannah State College an earned a master's degree from Atlanta University; and
WHEREAS, she was elected to the Georgia House of Representatives in 1984 and diligently and conscientiously devoted innumerable hours of her time, talents, and energy toward the betterment of her community and state for four terms; and
WHEREAS, following the teachings of Dr. Martin Luther King, Jr., to "clothe the naked and feed the hungry," Rev. Dr. and Rep. Williams founded the Hosea Feed the Hungry and Homeless aid organization in 1970, which is currently the largest direct-to-client food service organization in the Southeast and a provider of medical and educational aid in Haiti and Philippines; and
WHEREAS, it is abundantly fitting and proper that these remarkable and distinguished Georgians be appropriately recognized by dedicating an interchange in their memory.

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PART XIII WHEREAS, the dedication of the Bobby Thomas Highway was sponsored by Representative Lauren McDonald, III, as HR 1300 in the 2024 Session; and

WHEREAS, Mr. Bobby Thomas was born in 1946 in Cumming, Georgia, graduated from Forsyth County High School, and earned a bachelor's degree from the Georgia Institute of Technology; and

WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Navy; and

WHEREAS, the Thomas family roots in Forsyth County run deep, with the family's origins dating to before the Civil War and operating the Thomas Lumber Company since 1927; and

WHEREAS, as the current owner of Thomas Lumber Company, Mr. Thomas takes pride in providing customers with the highest quality lumber products in pine, cypress, Brazilian hardwood, and cedar; and

WHEREAS, Mr. Thomas' significant organizational and leadership talents have been invaluable to numerous organizations, including the Cumming-Forsyth County Chamber of Commerce, Rotary Club of Forsyth County, and the board of People's Bank of Forsyth County; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating a road in his honor.

PART XIV WHEREAS, the dedication of the Jeff Downing Intersection was sponsored by Representative Rick Jasperse as HR 1325 in the 2024 Session; and

WHEREAS, Mr. Jeff Downing has long been recognized by the citizens of Pickens County and this state for the vital leadership role that he has played in his community and the supermarket industry; and

WHEREAS, Mr. Downing began his grocery career in the tenth grade, working his way up to leadership positions for Big Star Food Markets and A&P; and

WHEREAS, in 2002, Mr. Downing and his wife Sandy opened and operated Foothills IGA in Marble Hill, Georgia, until his retirement in 2023; and

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WHEREAS, Mr. Downing has earned many professional awards, including the IGA 2015 USA International Retailer of the Year award and the Georgia Food Industry Association's 2015 Legacy Award; and

WHEREAS, he has served in leadership positions in a number of philanthropic organizations, including the Pickens County Chamber of Commerce, Good Samaritan Health and Wellness Center, CARES food bank, Rotary Club, Hope House, Pickens Ferst Foundation for Childhood Literacy, Georgia Food Industry Association, and the Georgia Food Industry Education Foundation; and

WHEREAS, Mr. Downing was named 2014 Pickens County Citizen of the Year in honor of his leadership and his service to the community; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating an intersection in his honor.

PART XV WHEREAS, the dedication of the Maceo A. Brown Memorial Intersection was sponsored by Representative Mesha Mainor as HR 1326 in the 2024 Session; and

WHEREAS, Mr. Maceo A. Brown was born in Atlanta, Georgia, and attended Henry McNeil Turner High School; and

WHEREAS, he became a certified electrician in 1974 and began his own business, Maceo A. Brown Electrical Contractors, which provides residential and commercial electrical services; and

WHEREAS, Mr. Brown established System 5 Electronics, which provides residential and commercial alarm system installation and monitoring; and

WHEREAS, in 2007, he founded MACEO's Kids, Inc., (Mentoring Aspiring CEO's), to bring intelligent, compassionate, and dedicated members of the business community together in pursuit of providing local youth with the opportunities and tools to grow as successful members of society; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating an intersection in his memory.

PART XVI WHEREAS, the dedication of the Carolyn Long Banks Memorial Intersection was sponsored by Representative Mesha Mainor as HR 1327 in the 2024 Session; and

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WHEREAS, Mrs. Carolyn Lucille Long Banks was born on October 30, 1940, in Atlanta, Georgia, the beloved daughter of Mr. Ralph A. Long, Sr., and Mrs. Rubye Carolyn Hall Long; and

WHEREAS, a graduate of Turner High School, Mrs. Banks attended Clark College where she became an active leader with the Atlanta Student Movement, which was a formidable force for change and mobilized students for marches, sit ins, and boycotts for civil rights and justice; and

WHEREAS, her leadership and dedication helped the Atlanta Student Movement see the integration of local businesses and city facilities; and

WHEREAS, in 1980, Mrs. Banks became the first African American woman to serve on the Atlanta City Council, where she spearheaded Atlanta's Proctor Creek Infrastructure Plan to support African American communities and co-sponsored the Freedom Parkway compromise; and

WHEREAS, she initiated a Children's Defense Fund partnership with cities across the nation to improve youth civic engagement and served as president of the National League of Cities; and

WHEREAS, Mrs. Banks was a member of the University of Georgia Municipal Leadership Institute, Delta Sigma Theta Sorority, Inc., Leadership Atlanta, Atlanta Business League, NAACP, National Coalition of 100 Black Women, and Southwest Cascade Garden Club; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating an intersection in her memory.

PART XVII WHEREAS, the dedication of the Douglas "Doug" H. Garrison Memorial Interchange was sponsored by Representative Holt Persinger as HR 1328 in the 2024 Session; and

WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. Douglas "Doug" H. Garrison on August 2, 2022; and

WHEREAS, Mr. Garrison graduated from the University of Georgia with a master's degree in horticulture in 1971; and

WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced

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dramatically by his superlative service with the County Extension Service, beginning with Elbert County and later transferring to Barrow County; and

WHEREAS, his leadership was instrumental to numerous organizations, including the Barrow County Board of Education, Barrow County Board of Commissioners, the Rotary Club, and Walton-Barrow Board of Realtors; and

WHEREAS, Mr. Garrison established the Barrow County Cattleman's Association and served as president of the Barrow County Farm Bureau; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an intersection in his memory.

PART XVIII WHEREAS, the dedication of the Ricky Dykes Intersection was sponsored by Representative Danny Mathis as HR 1332 in the 2024 Session; and

WHEREAS, Mr. Richard "Ricky" Alan Dykes was born on August 10, 1954, in Hawkinsville, Georgia, and graduated from Cochran High School; and

WHEREAS, Mr. Dykes worked loading hay for erosion control and learned every aspect of the road-building industry during his first job with the family owned Everett Dykes Grassing Company; and

WHEREAS, he has served in numerous capacities for the company over the years and continues to provide leadership and support as a consultant and advisor; and

WHEREAS, Mr. Dykes' expertise and leadership have been invaluable to the Georgia Highway Contractors Association, where he has served on the board of directors and as president; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating an intersection in his honor.

PART XIX WHEREAS, the dedication of the Van Dykes Railway Overpass was sponsored by Representative Danny Mathis as HR 1333 in the 2024 Session; and

WHEREAS, Mr. Jerry Van Dykes has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

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WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his 40 years of service in the road construction industry and as president and CEO of Everett Dykes Grassing Co., Inc.; and

WHEREAS, Mr. Dykes served with unyielding commitment as president of the Georgia Highway Contractors Association from 2004 to 2011; and

WHEREAS, he has earned distinction for his dedication to his community and profession including the Citizen of the Year Award from the Cochran Bleckley Chamber in 1998; and

WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of this state have earned him the respect and admiration of his colleagues and associates; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an overpass in his honor.

PART XX WHEREAS, the dedication of the Colonel Ben Malcom Memorial Bridge was sponsored by Representative Josh Bonner as HR 1334 in the 2024 Session; and
WHEREAS, the State of Georgia continues to mourn the loss of one of its most noble, patriotic, and selfless citizens with the passing of Colonel Benjamin Studdard Malcom on October 30, 2023; and
WHEREAS, Colonel Malcom was born on December 20, 1928, in Monroe, Georgia, a beloved son of Jamie and Mamie Malcom; and
WHEREAS, during his 29 years of distinguished service to the United States Army, he demonstrated unwavering commitment and bravery in staff and command positions throughout the United States and Europe as well as during combat tours in Korea and Vietnam and was recalled many times to active duty as a result of his highly important and relevant operations in North Korea; and
WHEREAS, his final position on active duty as garrison commander of three United States Army installations and his induction into the Georgia Military Hall of Fame in 2020 stand as testament to his outstanding leadership and service; and

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WHEREAS, Colonel Malcom was further recognized through numerous awards and decorations, including the Silver Star, Bronze Star, Aviation Badge, Airborne Badge, four awards of the Legion of Merit, and the Combat Infantryman's Badge--the first Special Forces soldier to ever receive this honor; and

WHEREAS, he embodied the spirit of service and the will to find meaning in something greater than himself and it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.

PART XXI WHEREAS, the dedication of the Cameron Scroggins Memorial Bridge was sponsored by Representative Mike Cameron as HR 1335 in the 2024 Session; and

WHEREAS, Mr. James "Cameron" Scroggins was born on October 15, 1997, in East Ridge, Tennessee, and spent most of his life in Chickamauga, Georgia; and

WHEREAS, Mr. Scroggins developed non-Hodgkin's lymphoma early in life and relapsed four times; and

WHEREAS, even through his treatments and pain, Mr. Scroggins remained optimistic in life and always encouraged others to volunteer for the bone marrow registry, paving the way for countless donations and lives saved; and

WHEREAS, he was a talented football player and proudly wore #39 for the Fighting Trojans at Gordon Lee High School; and

WHEREAS, a compassionate and generous soul, Mr. Scroggins will long be remembered for his love of family and friendship, and this loyal son and friend continues to be sorely missed by all who had the great fortune of knowing him; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.

PART XXII WHEREAS, the dedication of the Representative Edward "Mickey" Stephens Memorial Interchange was sponsored by Representative Edna Jackson as HR 1336 in the 2024 Session; and

WHEREAS, Representative Edward "Mickey" Stephens has long been recognized by the citizens of this state for the vital role that he played in leadership in this state and his deep personal commitment to the welfare of the citizens of Georgia; and

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WHEREAS, Representative Stephens was born on April 4, 1944, and graduated from A.E. Beach High School and Savannah State University in Savannah, Georgia; and

WHEREAS, he spent over three decades as an educator, teaching at both Richard Arnold High and Savannah High, where he was the head coach for girl's basketball and girl's track teams and an assistant football coach for 17 years; and

WHEREAS, Representative Stephens began his career in public service and politics in 2002 when he was elected to his first term in the Georgia House of Representatives; and

WHEREAS, he was elected to the Savannah-Chatham School Board in 2006 and served until winning back his House seat in 2009, ably and adeptly representing the citizens of the 165th House District until his passing in 2021; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating an interchange in his memory.

PART XXIII WHEREAS, the dedication of the J. Richard Smith Memorial Intersection was sponsored by Representative J. Collins as HR 1355 in the 2024 Session; and

WHEREAS, Mr. James "Richard" Smith was born on February 14, 1940, the beloved son of the late Carl Reese Smith and Reba Mae Walker Smith; and

WHEREAS, Mr. Smith's first job in Villa Rica was in 1967 as the general manager for the Richard's Motor Company Ford Dealership and he went on to purchase the dealership with his brother, Donald; and

WHEREAS, in addition to co-founding Don-Rich Ford in Villa Rica, Georgia, Mr. Smith was a beloved local figure and a leader of the business community; and

WHEREAS, a man of deep and abiding faith, Mr. Smith was an active member of First Baptist Church of Villa Rica; and

WHEREAS, he was a member of the Villa Rica Lion's Club, a director of the Bank of Villa Rica, and a member of the board of directors for Villa Rica Hospital, Tanner Medical Center, and the Tanner Foundation; and

WHEREAS, as chairman of the Industrial Development Authority, Mr. Smith oversaw the initial development of the industrial park and helped bring in the park's first business, Lowe's Distribution Center; and

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WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating an intersection in his memory.

PART XXIV WHEREAS, the dedication of the LTC Benjamin Fred and Sandra Kitchens Christian Roundabout was sponsored by Representative Tim Fleming as HR 1357 in the 2024 Session; and

WHEREAS, Lt. Col., Ret., Benjamin Fred Christian and Mrs. Sandra Kitchens Christian were high school sweethearts at Newton County High School and pillars of their community in Oxford, Georgia; and

WHEREAS, Lt. Col. Benjamin Fred Christian served as a guardian of this nation's freedom and liberty with the Georgia National Guard for 34 years as a rescue pilot, logging over 10,000 hours of flight time and flying a UH-1 Huey helicopter; and

WHEREAS, Mrs. Sandra Kitchens Christian graduated from Piedmont Nursing School and worked for several physicians' offices in Covington, Georgia; with Newton General Hospital; and later with Amedisys Home Health Care, where she was also the director of nurses; and

WHEREAS, a couple with deep and abiding faith, Lt. Col. and Mrs. Christian were active members of Gum Creek Presbyterian Church; and

WHEREAS, they loved to travel and spend time with family and friends at their lake house on Jackson Lake, and these generous and kind souls are sorely missed by all who had the great fortune of knowing them, especially their beloved children and grandchildren; and

WHEREAS, it is abundantly fitting and proper that these remarkable and distinguished Georgians be recognized appropriately by dedicating a roundabout in their memory.

PART XXV WHEREAS, the dedication of the Medal of Honor Recipient Colonel Ralph Puckett, Jr. Roundabout was sponsored by Representative Debbie Buckner as HR 1358 in the 2024 Session; and

WHEREAS, Colonel Ralph Puckett, Jr., was born on December 8, 1926, in Tifton, Georgia, and graduated from the United States Military Academy at West Point and received his commission as an infantry officer in 1949; and

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WHEREAS, he was assigned to occupation duty in Okinawa, Japan, where he volunteered for the Eighth Army Ranger Company, which was formed shortly after the Korean Conflict began in 1950; and

WHEREAS, he was recognized with a Distinguished Service Cross for his bravery and leadership when, while leading the company as commander, the company was overrun after six counterattacks and, despite being severely injured, Colonel Puckett insisted on continuing to serve active duty; and

WHEREAS, upon his retirement in 1971, Colonel Puckett became the national program coordinator of Outward Bound, Inc., and subsequently established Discovery, Inc., a leadership and teamwork development program that focused on "Personal Growth through Safe Adventure"; and

WHEREAS, Colonel Puckett was an inaugural inductee into the U.S. Army Ranger Hall of Fame, served as the first honorary colonel of the 75th Ranger Regiment from 1996 to 2006, served as an ambassador of goodwill by the Western Hemisphere Institute for Security Cooperation, and was a recipient of the U.S. Army Infantry's Doughboy Award; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a roundabout in his honor.

PART XXVI WHEREAS, the dedication of the C. Max Toles Intersection was sponsored by Representative Katie Dempsey as HR 1415 in the 2024 Session; and

WHEREAS, Mr. C. Max Toles was a successful businessperson with a renowned career in real estate sales and development; and

WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Air Force, valiantly defending America during the Korean War; and

WHEREAS, Mr. Toles joined Adrian Howell & Covington as the firm's sales manager in 1966 and later became a part owner of the brokerage, which was then renamed Covington & Toles; and

WHEREAS, years later Mr. Toles established Toles, Temple & Wright, Inc., and he was instrumental in spurring the development of subdivisions and other housing options throughout Rome, Georgia, positively impacting the growth of the community; and

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WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating an intersection in his memory.

PART XXVII WHEREAS, the dedication of the Ashley MacDonald Callahan Memorial Intersection was sponsored by Representative Reynaldo "Rey" Martinez as HR 1434 in the 2024 Session; and

WHEREAS, Mrs. Ashley MacDonald Callahan has long been recognized by the citizens of this state for the vital role that she played in the teaching profession and her deep personal commitment to the education of the students of Georgia; and

WHEREAS, a graduate of the University of Georgia, Mrs. Callahan devoted 16 years to inspiring the future leaders of this state as a high school and middle school educator; and

WHEREAS, she made the subject of science come to life for her students by developing an oceanography course which was used by several schools and by assisting with writing the oceanography curriculum for the State of Georgia; and

WHEREAS, Mrs. Callahan was a dedicated professional who went above and beyond, serving in leadership roles and working with students inside and outside of the classroom; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating an intersection in her memory.

PART XXVIII NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Route 145 from Athens Street to Hubbard Road in Franklin County is dedicated as the Dr. Robert F. Sullivan Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 133 over Dry Creek in Worth County is dedicated as the Lary Jack Moree Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. 41 at Pine Mountain Ct/Watts Drive in Cobb County, Georgia, is dedicated as the "Coach" Jerry L. Waller, Sr. and Frances R. Waller Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 9 and Deputy Bill Cantrell Memorial Road in Forsyth County is dedicated as the Dr. Jim Morrow Memorial Intersection.

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BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 154/Memorial Drive and Capitol Avenue Southeast in Fulton County is dedicated as the J.D. Winston Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 400 and Setting Down Circle in Forsyth County is dedicated as the Lawhorne Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. Route 19/State Route 3 at State Route 96 in Taylor County is dedicated as the Michael Anthony Woodall Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 49 over Sweetwater Creek in Sumter County is dedicated as the George R. Eusner Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 94 over the Alapaha River in Echols County is dedicated as the US Army Cpl. Dewey E. Rewis Jr. Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 204 from mile point 21.5 to 27.7 in Chatham County is dedicated as the Chairman Pete Liakakis Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the interchange at State Route 25/ U.S. Route 17 and State Route 204 in Chatham County is dedicated as the Frances Bright Johnson Memorial Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the interchange of State Route 405 and State Route 204 in Chatham County is dedicated as the Rev. Dr. Hosea Williams and Rep. Juanita T. Williams Memorial Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 369 from Gravitt Road to State Route 400 in Forsyth County is dedicated as the Bobby Thomas Highway.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 53 and Steve Tate Highway in Pickens County is dedicated as the Jeff Downing Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 139 and Martin Luther King, Jr., Drive Southwest in Fulton County is dedicated as the Maceo A. Brown Memorial Intersection.

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BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 3 and State Route 9 in Fulton County is dedicated as the Carolyn Long Banks Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 316 and State Route 53 in Barrow County is dedicated as the Douglas "Doug" H. Garrison Memorial Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 112 and Abney Road/Willis-Howell Road in Bleckley County is dedicated as the Ricky Dykes Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the overpass of U.S. Route 23/State Route 87 Bypass over Southern Railroad in Bleckley County is dedicated as the Van Dykes Railway Overpass.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 54 over Whitewater Creek in Fayette County is dedicated as the Colonel Ben Malcom Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 341 over Chattanooga Creek in Walker County is dedicated as the Cameron Scroggins Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the interchange of U.S. Route 80 and Harry Truman Parkway in Chatham County is dedicated as the Representative Edward "Mickey" Stephens Memorial Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 61 and State Route 8/US Route 78 in Carroll County is dedicated as the J. Richard Smith Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the roundabout of State Route 36 and State Route 212 in Newton County is dedicated as the LTC Benjamin Fred and Sandra Kitchens Christian Roundabout.

BE IT FURTHER RESOLVED AND ENACTED that the roundabout of State Route 219 and Bradley Park Drive in Muscogee County is dedicated as the Medal of Honor Recipient Colonel Ralph Puckett, Jr. Roundabout.

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BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. Route 27/Turner McCall Boulevard and Avenue A in Floyd County is dedicated as the C. Max Toles Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 81 at Ozora Church Road in Walton County is dedicated as the Ashley MacDonald Callahan Memorial Intersection.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to make appropriate copies of this resolution available for distribution to the Department of Transportation; to the Lawhorne family; Mr. Bobby Thomas; Mr. Jeff Downing; Mr. Richard "Ricky" Alan Dykes; Mr. Jerry Van Dykes; and Honor Recipient Colonel Ralph Puckett, Jr.; and to the families of Dr. Robert F. Sullivan; Mr. Lary Jack Moree; Jerry Lee Waller, Sr., and Mary Frances Rogers Waller; Dr. Jim Morrow; Mr. Joseph Donald "J.D." Winston; Mr. Michael Anthony Woodall; Mr. George R. Eusner; Corporal Dewey E. Rewis, Jr.; Mr. Peter "Pete" Liakakis; Mrs. Frances Bright Johnson; Rev. Dr. Hosea Williams and Rep. Juanita T. Williams; Mr. Maceo A. Brown; Mrs. Carolyn Lucille Long Banks; Mr. Douglas "Doug" H. Garrison; Colonel Benjamin Studdard Malcom; Mr. James "Cameron" Scroggins; Representative Edward "Mickey" Stephens; Mr. James "Richard" Smith; Lt. Col., Ret., Benjamin Fred Christian and Mrs. Sandra Kitchens Christian; Mr. C. Max Toles; and Mrs. Ashley MacDonald Callahan.

Approved May 14, 2025.

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STATE GOVERNMENT GEORGIA FORESTRY COMMISSION BUILDING; DEDICATION.

No. 367 (House Resolution No. 121).

A RESOLUTION

Recognizing Mr. John W. Mixon and dedicating a building in his honor; and for other purposes.

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WHEREAS, Mr. John W. Mixon has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, Mr. Mixon began his career as a conservation stalwart in 1961 as a forest technician with the Georgia Forestry Commission and served as the head of the commission's nationally recognized Urban Forestry Program; and

WHEREAS, he worked to accelerate wood energy promotions by conducting demonstrations at public schools, prisons, hospitals, and other institutions to show how wood materials could replace expensive fuels; and

WHEREAS, Mr. Mixon was named commissioner of the Georgia Forestry Commission in 1983 and during his tenure as commissioner he oversaw great conservation efforts, including a record number of trees planted in a single season with 433,000 acres of pine trees and the establishment of the Flint River Nursery which was designed to produce 50 million seedlings; and

WHEREAS, his leadership was instrumental in the passage of numerous laws relating to forest conservation, including laws that required a permit for outdoor burning and provided for prescribed burning for forest management; and

WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments and contributions of this remarkable and distinguished Georgian be recognized appropriately by dedicating a building in his honor.

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Forestry Commission building located in Dry Branch, Georgia, is dedicated as the John W. Mixon Georgia Forestry Building.

BE IT FURTHER RESOLVED that the Georgia Forestry Commission is authorized and directed to erect and maintain appropriate signs dedicating the John W. Mixon Georgia Forestry Building to be funded from the budget of the Georgia Forestry Commission.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to make appropriate copies of this resolution available for distribution to the Georgia Forestry Commission and Mr. John W. Mixon.

Approved May 14, 2025.

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HIGHWAYS, BRIDGES, AND FERRIES CERTAIN PORTIONS OF THE STATE HIGHWAY SYSTEM; DEDICATION.

No. 368 (Senate Resolution No. 8).

A RESOLUTION

Dedicating certain portions of the state highway system; and for other purposes.

PART I WHEREAS, Senator Valencia Seay has long been recognized by the citizens of this state for the vital role that she played in leadership and her deep personal commitment to the welfare of the citizens of Clayton and Fayette Counties; and

WHEREAS, Senator Seay diligently and conscientiously devoted innumerable hours of her time, talents, and energy toward the betterment of her community and state and uplifting the minds of the next generation as evidenced dramatically by her two years in the Georgia House of Representatives and 17 years in the Georgia Senate; and

WHEREAS, during her years in the Georgia Senate she served as a member of the Appropriations, Government Oversight, Public Safety, and Science and Technology Committees and an ex-officio on the Transportation Committee; and

WHEREAS, Senator Seay had a 22 year career in the banking industry as president and CEO of Seay & Associates; and

WHEREAS, she has been recognized with numerous honors and awards, including the 2015 We Are Clayton Living Legend Award, the Living Legend Award from the Clayton County NAACP, and the 2015 Alpha Kappa Alpha Capitol Legislator of the Year Award; and

WHEREAS, her leadership and guidance have been instrumental to numerous organizations, including the Georgia Legislative Black Caucus, National Organization of Women Legislators, Women in Government, and the Women's Legislative Caucus and she is a Life Member of the NAACP and the National Council of Negro Women; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in her honor.

PART II WHEREAS, the Honorable Vincent D. Fort was born on April 28, 1956, in New Britain, Connecticut, a beloved son of Charles Fort, Sr., and Clara Hutchinson Fort; and

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WHEREAS, after completing his higher education, he settled in Atlanta, Georgia, where he became a respected historian, taught at Morehouse College and Morris Brown College, and served as assistant director of the Martin Luther King, Jr., Papers Project; and

WHEREAS, he served as a Georgia State Senator for the 39th District from 1996 to 2017, representing parts of Atlanta, East Point, College Park, Union City, and unincorporated Fulton County as well as consistently advocating for justice and equity for all; and

WHEREAS, in 2001, Senator Fort authored Georgia's first hate crimes law, ensuring harsher penalties for crimes motivated by bias, as well as the Georgia Fair Lending Act, which stood at the time as the strongest anti-predatory lending legislation in the nation and protected consumers from abusive practices; and

WHEREAS, in 2011, he was elected as Georgia's Democratic Whip, during which time he championed legislation against discrimination, racial profiling, environmental racism, and labor injustices while supporting fair wages, labor unions, and stronger community protections; and

WHEREAS, he was named "Legislator of the Year" in 2017 by the Georgia Association of Educators for his advocacy of Senate Bill 30, which aimed to improve public education funding and enhance community schools; and

WHEREAS, he was united in love and marriage to his wife, Cheryl, and the two were blessed with three remarkable children, Nyahuma, Clara-Faith, and Zo, as well as three wonderful grandchildren, Gizelle, Chloe, and Sunday; and

WHEREAS, Senator Fort was a powerful voice for economic and racial equality, and his commitment to the people will leave a lasting impact on the City of Atlanta and the State of Georgia; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating an intersection in his memory.

PART III WHEREAS, Mr. Masen "Mase" Aubrey McIntyre II was born on July 9, 2001, in Austell, Georgia, the beloved son of Masen McIntyre and Brandy Drinnon McIntyre; and

WHEREAS, Mr. McIntyre graduated from Bowdon High School where he played football and tennis; and

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WHEREAS, he was a stellar athlete as evidenced by his selection to the All-Region Team for football his senior year; and

WHEREAS, his talent and leadership on the football field earned him the title of Player of the Game on numerous occasions as well as being honored with the Golden Helmet Award from his coaches; and

WHEREAS, after graduation, Mr. McIntyre joined his father in the family business at M3 Logging; and

WHEREAS, a compassionate and generous soul, Mr. McIntyre will long be remembered for his bright smile and his love of family and friendship, and this loyal son and friend will be missed by all who had the great fortune of knowing him; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.

PART IV WHEREAS, the State of Georgia lost one of its finest citizens with the passing of Ms. Latasha R. Butts on October 21, 2024; and

WHEREAS, a native of Milledgeville, Georgia, Ms. Butts was a basketball star at the University of Tennessee with four regular season Southeastern Conference Championship wins before being drafted to the WNBA in 2004 by the Minnesota Lynx; and

WHEREAS, during her season in the WNBA, Ms. Butts played in 30 games and helped the franchise achieve a record 18 victories and a playoff appearance; and

WHEREAS, after a year with the WNBA, Ms. Butts returned to the University of Tennessee as a graduate assistant and later played basketball overseas in Portugal and Israel, as well as with the WNBA's Charlotte Sting and Houston Comets; and

WHEREAS, she coached for three seasons at UCLA, eight seasons at LSU, and four seasons at Georgia Tech; and

WHEREAS, Ms. Butts was serving as the head coach of the Georgetown University basketball team at the time of her passing; and

WHEREAS, she was highly regarded in the basketball community and was known as a coach who expected excellence and cared deeply for her players; and

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WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating a road in her memory.

PART V WHEREAS, Dr. Roy Charles Bell was born in North Little Rock, Arkansas, on August 31, 1926, and graduated from Howard University and Howard University Dental School; and

WHEREAS, Dr. Bell was one of the first African Americans to practice dentistry in Atlanta and in 1964 he filed a lawsuit that led to the end of segregation of the Georgia Dental Association and, subsequently, the American Dental Association; and

WHEREAS, a leader during the Civil Rights movement, Dr. Bell served as a special projects coordinator for the Southern Christian Leadership Conference; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.

PART VI WHEREAS, Dr. Esco Hall, Jr., was born into a sharecropping family in Wheeler County, Georgia, and graduated as valedictorian of his 1966 class at Wheeler County High School; and

WHEREAS, Dr. Hall's love of agriculture began at a young age through his involvement with the New Farmer's Association and Future Farmer's Association, leading him to become one of the first two black students to graduate with a doctorate in veterinary medicine from the University of Georgia in 1973; and

WHEREAS, he served counties across southeast Georgia as a large and small animal veterinarian for over 46 years as the sole proprietor of Appling Animal Hospital; and

WHEREAS, Dr. Hall made history once again in 1982 by being elected the first black city councilmember of Baxley City Council, a post he held for 36 years until his untimely passing in 2019; and

WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service as mayor pro tem for the last 12 years of his service on the city council; and

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WHEREAS, Dr. Hall embodied the spirit of service and it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his memory.

PART VII WHEREAS, Mr. Bobby Blackwell was born in Homer, Georgia, on April 9, 1924, the beloved son of Lon B. and Alice Hill Blackwell; and

WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and

WHEREAS, Mr. Blackwell demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice his own personal safety and comfort to ensure the well-being of his fellow man; and

WHEREAS, Mr. Blackwell served as a guardian of this nation's freedom and liberty with the United States Army Air Force during World War II; and

WHEREAS, as a sergeant during the war, Mr. Blackwell was assigned to the 314th Depot Supply Squadron at the Bengal Air Base in Calcutta, India; and

WHEREAS, upon his return home, Mr. Blackwell continued to serve his country as a rural mail carrier with the United States Postal Service in Lula, Georgia, for 34 years and as an assistant magistrate judge in Banks County for more than 30 years; and

WHEREAS, Mr. Blackwell was an active member of Homer Baptist Church, where he was on the Sunday School Celebration Committee, and the American Legion Post #215, Phi Delta Masonic Lodge #148, Banks County Chamber of Commerce, and Banks County Soil Conservation; and

WHEREAS, Mr. Blackwell demonstrated selfless service to this nation and his unyielding commitment to protecting the people and ideals of the United States should be recognized appropriately by dedicating a road in his memory.

PART VIII WHEREAS, Nolan Sental Smith, Jr., was born on January 18, 2001, in Savannah, Georgia, and has shown the world what it means to dream big, work relentlessly, and rise above every challenge in pursuit of greatness; and

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WHEREAS, from his early days on the football field in youth leagues to his standout performances at IMG Academy and Calvary Day School, Mr. Smith's passion for the game of football and unwavering determination have been evident in every play he has made, earning him admiration and respect from coaches, teammates, and fans alike; and

WHEREAS, Mr. Smith's time at the University of Georgia was nothing short of remarkable, where his relentless work ethic, leadership, and dedication to his football team helped secure two College Football Playoff National Championships, a testament to his commitment to excellence and his pivotal role in the success of the Georgia Bulldogs; and

WHEREAS, Mr. Smith's dream of playing in the NFL became a reality when he was selected by the Philadelphia Eagles in the first round of the 2023 NFL draft, representing not only his talent but the power of perseverance, hard work, and faith in himself; and

WHEREAS, beyond the field, Mr. Smith is deeply committed to using his platform and influence to make a meaningful impact in his community and beyond, striving to be more than just a football player, but a role model, leader, and change-maker who inspires others to dream big, work hard, and give back to those who need it most; and

WHEREAS, Mr. Smith has touched countless lives through his dedication to inspiring and mentoring others, particularly through the Nolan Smith Foundation, which uplifts young athletes, providing them with the guidance to overcome obstacles, achieve their goals, and positively impact their communities; and

WHEREAS, Mr. Smith's story is not just one of athletic triumph, but a testament to the power of resilience, humility, and the profound impact one person can have on the lives of those around them, especially through his support of his family and their shared journey together; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his honor.

PART IX WHEREAS, Mother Essie Frankie Mae Stegall Arnold was born on April 10, 1930, in Newnan, Georgia, the beloved daughter of Essie Mae and Milton Stegall; and

WHEREAS, a woman of deep and abiding faith, Mother Arnold was a faithful and active member of Saint John A.M.E. Church, where she served as a stewardess, an officer of the steward board, and class leader and member of the missionary board society; and

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WHEREAS, she gave inspiration to many through her high ideals, morals, and deep concern for her fellow citizens, and the devotion, patience, and understanding she demonstrated to her family and friends were admired by others; and

WHEREAS, she was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and by the example she made of her life, she made this world a better place in which to live; and

WHEREAS, Mother Arnold was known for her gardening talents and "green thumb," impressing her Fairburn community neighbors with her impressive yard and earning her yard of the year recognition on numerous occasions; and

WHEREAS, she was recognized with numerous awards and honors, including a Housing Authority Honors Award, Lawrence and Frankie Arnold Parents of the Year Award in 2001, a Crown Peace Award, and a Christian City Service Award; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating a road in her memory.

PART X WHEREAS, born on July 3, 1937, in Fairburn, Georgia, Mayor Betty Hannah served the City of Fairburn for more than 28 years as a city council member and as mayor, dedicating herself to the improvement and development of the city; and

WHEREAS, as the first female and longest serving mayor of the City of Fairburn, Mayor Hannah focused on Fairburn's downtown area during her distinguished tenure, recognizing and preserving the character of the city's original transportation district and banking community as well as its proximity to the CSX railroad; and

WHEREAS, in 2008, the city dedicated a building to Mayor Hannah in its newly built education campus, a project she was instrumental in developing; and

WHEREAS, Mayor Hannah gave inspiration to many through her high ideals, morals, and deep concern for her fellow citizens, and the devotion, patience, and understanding she demonstrated to her family and friends were admired by others; and

WHEREAS, she was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and by the example she made of her life, she made this world a better place in which to live; and

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WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating a road in her memory.

PART XI WHEREAS, Mrs. Ruby Floyd Grogan was born in Heardsville, Georgia, on August 23, 1920, the beloved daughter of W.R. Floyd and Ethel Roper Floyd; and

WHEREAS, Mr. Loy James Grogan was born in Dawsonville, Georgia, on January 5, 1914, the beloved son of Roscoe Lafayette Grogan and Lona Fouts Grogan; and

WHEREAS, Mr. Grogan established L.J. Grocery in 1934 and after the two were united in love and marriage, Mr. and Mrs. Grogan ran the daily operations of the store; and

WHEREAS, over the years, L.J. Grocery became an institution of the community in Matt, Georgia, providing necessary groceries and gasoline to an underserved community; and

WHEREAS, Mr. and Mrs. Grogan exhibited extraordinary devotion and compassion to their neighbors, often providing food at no cost to families in need; and

WHEREAS, as pillars of their community, it is abundantly fitting and proper that these remarkable and distinguished Georgians be appropriately recognized by dedicating an intersection in their memory.

PART XII WHEREAS, Mr. Zera D. Storey has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, Mr. Storey was born on December 6, 1904, in Brooks County, Georgia, the eldest son of David Storey and Letha Touchton, and he moved to Cook County, Georgia, in 1920; and

WHEREAS, Mr. Storey was raised in a sharecropper's house by his parents, growing up with very little schooling and working as a farmer and business entrepreneur until his retirement; and

WHEREAS, he was respected and admired by the people of Cook County, Georgia, sharing labor with local farmers and becoming well known for his willingness to meet the needs of others; and

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WHEREAS, Mr. Storey's life of strength, courage, service, and perseverance serves as an inspiration to all Georgians, and he will be remembered as a man of great faith, humor, and warmth, always quick to champion what was right and to speak out against what was wrong, his solid integrity was a moral strength to all who knew him; and

WHEREAS, he was a devoted member of the Church of Christ in Adel, Georgia, where he gave of his time, talents, gifts, and prayers; taught Bible classes for over 40 years; was an active song leader; and participated in many gospel singing events and graveside memorials; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an interchange in his memory.

PART XIII WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and

WHEREAS, United States military veterans have demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice their own personal safety and comfort to ensure the well-being of their fellow man; and

WHEREAS, they have served as guardians of this nation's freedom and liberty and have diligently and conscientiously undergone intensive and rigorous training in order to serve their country with honor and distinction during times of war and peace; and

WHEREAS, it is important that veterans are thanked for their selfless service to this nation and honored for their unyielding commitment to protecting the people and ideals of the United States; and

WHEREAS, veterans embody the spirit of service, willing to find meaning in something greater than themselves, and it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of these remarkable and distinguished Americans be honored appropriately.

PART XIV WHEREAS, Mrs. Emma Lou Stover has diligently and conscientiously devoted innumerable hours of her time, talents, and energy toward the betterment of her community and state as evidenced dramatically by her superlative service for Gilmer County and Georgia; and

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WHEREAS, Mrs. Stover has worked for many years with the Ellijay Lions Club, where she spearheaded fundraisers to provide financial assistance for surgeries for the visually impaired, buying and wrapping Christmas gifts for the less fortunate, and providing college-level scholarships for the area's brightest students; and

WHEREAS, in 1989, she founded the Special Friends Program to support individuals with mental and physical disabilities in Gilmer County and the surrounding areas; and

WHEREAS, this distinguished gentlewoman has given inspiration to many through her high ideals, morals, and deep concern for her fellow citizens, including as a steadfast advocate for veterans and active duty members of the military through participation with the annual community Veterans Day parade; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in her honor.

PART XV WHEREAS, Mr. David Allen Donley devoted his life to bringing music to the community of Holly Springs and Hickory Flat, leaving behind a legacy of honesty, integrity, and kindness; and

WHEREAS, Mr. Donley opened his store, Donley's Music, in 1996 at the corner of Bells Ferry Road and Highway 92, before moving the store to Holly Springs in 2006, and finally to the store's current location on Hickory Flat Highway in 2008; and

WHEREAS, his store became a destination for musicians of all skill levels, providing a sense of community to those who visited through bluegrass jams, music lessons, and other community oriented programs; and

WHEREAS, Mr. Donley's faithfulness, generosity, and commitment to his hundreds of students, particularly those from disadvantaged and low-income backgrounds, often led him to provide guitars to those in need, sponsor guitar clubs, and complete lessons or instrument repairs for those who could not pay, which he saw as an investment in students' lives; and

WHEREAS, Mr. Donley's spirit and love for music has inspired many members of the Holly Springs and Hickory Flat communities to become better musicians and better people, including Bryce Leatherwood, the 2022 winner of The Voice, who cited Mr. Donley as one of his greatest inspirations; and

WHEREAS, beyond his love for music, Mr. Donley is remembered as an avid fisherman who found enjoyment in sharing his hobby with others; and

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WHEREAS, Mr. Donley will be forever remembered as a loving husband, father, and beloved citizen of Cherokee County and it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his memory.

PART XVI WHEREAS, Mr. Lamar Hudgins has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, Mr. Hudgins graduated from the U.S. Army Engineer School and served as a guardian of this nation's freedom and liberty with the U.S. Army from 1965 to 1968 in the role of construction surveyor in an engineering battalion; and

WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service with Dougherty County, Georgia; and

WHEREAS, Mr. Hudgins served with honor and distinction on the Albany Board of City Commissioners before dedicating 28 years to the Dougherty County Board of Commissioners, standing as the longest serving commissioner in the county's history; and

WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of this state have earned him the respect and admiration of his colleagues and associates; and

WHEREAS, Mr. Hudgins's leadership has been invaluable to numerous organizations, including the Board of Managers for the Association County Commissioners of Georgia and the Albany-Dougherty Economic Development Commission; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an intersection in his honor.

PART XVII WHEREAS, Mr. William A. Fickling, Jr., has long been recognized for his contributions to this state and leadership in the financial and healthcare industries; and

WHEREAS, Mr. Fickling graduated from Auburn University, where he was a three-year starting forward on the basketball team, was named to the school's "Team of the Decade" for the 1950's; and as a member of the school's track team, won the Southeastern Conference high hurdle championship two times; and

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WHEREAS, he serves as chairman of the Mulberry Street Investment Company, a diversified family management company headquartered in Macon, Georgia; and

WHEREAS, Mr. Fickling has served as Chairman of the Board and Chief Executive Officer of Beech Street Corporation, President and Chairman of Charter Medical Corporation, and Chairman of the Board of Directors of the Federal Reserve Bank of Atlanta; and

WHEREAS, he has been recognized with numerous honors and awards, including the 1985 Walter Gilbert Award from Auburn University, the Distinguished Alumnus Award of the Auburn School of Business, Award for Management Excellence and Achievement from the University of Georgia, Business Executive of the Year by the Georgia Security Dealers Association, and a Gold Award from The Wall Street Transcript; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his honor.

PART XVIII WHEREAS, Mr. Benjamin R. Polote, Sr., has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, Mr. Polote established Polote Homebuilders in 1970 and became a fixture in the construction industry in Savannah, Georgia, providing quality homes for the area; and

WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of this state have earned him the respect and admiration of his colleagues and associates; and

WHEREAS, in the last 55 years, the Polote Corporation has grown from a home builder to an early graduate of the government's 8a program, completing and participating on projects from Georgia to California that range from $450,000 to over $1.2 billion; and

WHEREAS, Mr. Polote has been recognized with numerous honors and accolades, including recognition by the Georgia Minority Supplier Diversity Council with a Blue Legend Award, a distinction reserved for those who have exemplified excellence in deed and works; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an intersection in his honor.

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PART XIX WHEREAS, Coach Carl Middleton was a pillar of the Alfred Ely Beach High School athletic program for over four decades and he dedicated his life to uplifting and inspiring young athletes to achieve their dreams; and

WHEREAS, during his tenure at Alfred Ely Beach High School, Coach Middleton led athletes as a basketball coach, softball coach, head football coach, track and field coach, and athletic director; and

WHEREAS, his 1967 men's track team placed second in the state and set a 440-relay team record that lasted over ten years, while his women's track teams won twelve city championships, six region championships, and placed in the top ten at state championships on four occasions; and

WHEREAS, as coach of the men's junior varsity basketball team, Coach Middleton amassed an incredible career record of 154-10; and

WHEREAS, he was recognized as Coach of the Year six times by the Georgia High School Association, was inducted into the Greater Savannah Athletic Hall of Fame, and was further honored with the establishment of the Carl Middleton Male Athlete Award to annually honor Alfred Ely Beach High School's most outstanding male athlete; and

WHEREAS, Coach Middleton served as a role model to countless young athletes who have gone on to make contributions both in the field of athletics and in their communities and it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.

PART XX WHEREAS, the Honorable Susan Holmes has long been recognized by the citizens of this state for the vital role that she has played in leadership and her deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, a seventh generation citizen of Jasper County, Georgia, Representative Holmes was raised on a cotton farm in the community of Farrar in northern Jasper County, graduated from Monticello High School, and earned her bachelor's degree from the University of Georgia; and

WHEREAS, she has diligently and conscientiously devoted innumerable hours of her time, talent, and energy to the citizens of Butts, Jones, and Monroe counties since 2010 as the State Representative for House District 129; and

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WHEREAS, Representative Holmes serves as vice chairman of the Agriculture and Consumer Affairs and Special Rules committees, as secretary of the Energy, Utilities, and Telecommunications and Legislative and Congressional Reapportionment committees, and as a member of the Economic Development and Tourism Committee; and

WHEREAS, prior to her service in the Georgia House of Representatives, she served as mayor of the City of Monticello for 12 years, serving as the first female mayor for the city; and

WHEREAS, Representative Holmes has been recognized with numerous honors and awards, including Monticello-Jasper County Citizen of the Year by the Chamber of Commerce, 100 Most Influential Georgians by Georgia Trend Magazine, Northeast Georgia's Most Outstanding Citizen, and the Georgia Downtown Association's Outstanding Leadership Award; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating a road in her honor.

PART XXI WHEREAS, Ms. Rachel Hodge was highly regarded by the citizens of her community and state and by local government officials as a person of unquestioned integrity with a commitment to serving others; and

WHEREAS, Ms. Hodge was born in St. Marys, Georgia, the beloved daughter of Christopher and Melissa Crosby Hodge and graduated from Camden County High School; and

WHEREAS, as the daughter of a law enforcement officer with the Department of Natural Resources, Ms. Hodge grew up to follow in her father's footsteps to serve as an Emergency 9-1-1 Communications Officer with the Camden County Sheriff's Office; and

WHEREAS, she exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all her duties; and

WHEREAS, Ms. Hodge's life was tragically cut short on April 18, 2020, on her way home from work; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an intersection in her memory.

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PART XXII NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Route 139/Riverdale Road from Church Street to Garden Walk Road in Clayton County is dedicated as the Honorable Valencia Seay Highway.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 139/Ralph David Abernathy Boulevard and Lee Street Southwest in Fulton County is dedicated as the Senator Vincent D. Fort Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 100 over Turkey Creek in Carroll County is dedicated as the Masen "Mase" McIntyre Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 49 from the Milledgeville Bypass SR 29/US 441 to the Macon Bibb County line in Baldwin County is dedicated as the Latasha R. Butts Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on Interstate 85/Interstate 75 over Edgewood Avenue Southeast in Fulton County is dedicated as the Dr. Roy Charles Bell Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 15 from mile point 76.17 to 76.716 in Appling County is dedicated as the Dr. Esco Hall, Jr. Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 51 from Hill Street to State Route 164 in Banks County is dedicated as the World War II Veteran Bobby Blackwell Memorial Drive.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on Interstate 95/State Route 405 at State Route 204/Fort Argyle Road in Chatham County is dedicated as the Nolan S. Smith, Jr. Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 92 from State Route 29 to Bay Street in Fulton County is dedicated as the Mother Frankie Mae Arnold Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 29 from State Route 138 to State Route 74 in Fulton County is dedicated as the Mayor Betty Hannah Memorial Highway.

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BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 369 and Bannister Road in Forsyth County is dedicated as the Ruby and Loy Grogan Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the interchange of Interstate 75 and Springhill Road in Cook County is dedicated as the Zera D. Storey Memorial Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the entire portion of State Route 206 in Coffee County is dedicated as Veterans Perimeter Road.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 52 East over Owl Town in Gilmer County is dedicated as the Emma Lou Stover Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 140 from Darnell Road to East Cherokee Drive in Cherokee County is dedicated as the David Allen Donley Memorial Parkway.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 234/Gillionville Road and Eight Mile Road in Dougherty County is dedicated as the Lamar Hudgins Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 83 over the Towaliga River in Monroe County is dedicated as the William A. Fickling, Jr. Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 25/U.S. Route 17 and Little Neck Road in Chatham County is dedicated as the Benjamin R. Polote, Sr. Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on Interstate 95 over the Ogeechee River Tributary in Chatham County is dedicated as the Coach Carl Middleton Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 11 from Maddox Street to West Greene Street in Jasper County is dedicated as the Honorable Susan Holmes Highway.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 25 Spur/Satilla Bluff Road and Pine Forest Drive in Camden County is dedicated as the Rachel Hodge Memorial Intersection.

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BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to make appropriate copies of this resolution available for distribution to the Department of Transportation; to Senator Valencia Seay, Mr. Nolan Sental Smith, Jr., the Grogan family, Mrs. Emma Lou Stover, Mr. Lamar Hudgins, Mr. William A. Fickling, Jr., Mr. Benjamin R. Polote, Sr., and the Honorable Susan Holmes; and to the families of the Honorable Vincent D. Fort; Mr. Masen "Mase" Aubrey McIntyre II, Ms. Latasha R. Butts, Dr. Roy Charles Bell, Dr. Esco Hall, Jr., Mr. Bobby Blackwell, Mother Essie Frankie Mae Stegall Arnold, Mayor Betty Hannah, Mr. Zera D. Storey, Mr. David Allen Donley, Coach Carl Middleton, and Ms. Rachel Hodge.

Approved May 14, 2025.

__________

HIGHWAYS, BRIDGES, AND FERRIES CERTAIN PORTIONS OF THE STATE HIGHWAY SYSTEM; DEDICATION.

No. 369 (Senate Resolution No. 231).

A RESOLUTION

Dedicating certain portions of the state highway system; and for other purposes.

PART I WHEREAS, Officer Jeremy Labonte was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and

WHEREAS, Officer Labonte diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service with the City of Roswell Police Department; and

WHEREAS, Officer Labonte was born on August 17, 2000, in Austell, Georgia, the beloved son of Roger and Brandi Labonte, and his life was tragically cut short in the line of duty after he was shot while responding to a report of suspicious activity on February 7, 2025; and

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WHEREAS, a graduate of King's Way Christian School in Douglasville, Georgia, Officer Labonte earned his bachelor's degree from Georgia State University and began his career in law enforcement in 2021 with the City of Roswell Police Department; and

WHEREAS, a compassionate, hardworking, and protective man, Officer Labonte will long be remembered for his love of family and friendship, and this loyal husband, brother, and friend will be missed by all who had the great fortune of knowing him; and

WHEREAS, Officer Labonte exhibited extraordinary devotion to public service, outstanding loyalty, fine leadership, and meticulous attention to detail in all of his duties and it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an interchange in his memory.

PART II WHEREAS, Deputy Brandon Cunningham was born on August 30, 1993, in Marietta, Georgia, the beloved son of Maria Elena Cunningham and Kevin Maynard Cunningham, Sr.; and

WHEREAS, Deputy Cunningham graduated from Marietta High School in 2012 and joined the Paulding County Sheriff's Department in 2020, where he was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and

WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and by the example he made of his life, he made this world a better place in which to live; and

WHEREAS, a compassionate and generous man, Deputy Cunningham will long be remembered for his lively spirit and sense of humor and his love for anime, cars, shoes, and hats, and this loving father and friend will be missed by all who had the great fortune of knowing him; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating an intersection in his memory.

PART III WHEREAS, Officer Christopher Lee Ruse was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, Officer Ruse diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service with the Winder City Police Department, Arcade City Police Department, and Pendergrass City Police Department; and

WHEREAS, his life was tragically cut short in the line of duty after he was shot by an occupant of a fleeing vehicle while in pursuit on December 29, 2004; and

WHEREAS, Officer Ruse led an exceptional career of public service and his inspiring commitment to the welfare of others stands as a shining example of the positive effect law enforcement professionals have on the lives and well-being of others; and

WHEREAS, a compassionate and generous man, Officer Ruse will long be remembered for his love of family and friendship, and this dedicated law enforcement officer will be missed by all who had the great fortune of knowing him; and

WHEREAS, Officer Ruse exhibited extraordinary devotion to public service, outstanding loyalty, fine leadership, and meticulous attention to detail in all of his duties and it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an intersection in his memory.

PART IV WHEREAS, Officer Scott Ozburn Riner was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and

WHEREAS, Officer Riner diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service as a corrections officer with Gwinnett County; and

WHEREAS, his life was tragically cut short after he was shot in the parking lot of the Gwinnett County Comprehensive Correctional Complex as he prepared to begin his shift; and

WHEREAS, he worked tirelessly to help at-risk teens through Gwinnett County's Prison Awareness Program before it was discontinued in 2017 and he continued to serve as a mentor to participants even after the conclusion of the program; and

WHEREAS, in 2024, the program was revived and renamed the Scott Riner Prison Awareness Program to honor his lasting impact and his commitment to youth in Gwinnett County; and

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WHEREAS, Officer Riner led an exceptional career of public service and his inspiring commitment to the welfare of others stands as a shining example of the positive effect law enforcement professionals have on the lives and well-being of others; and

WHEREAS, a compassionate and generous man, Officer Riner will long be remembered for his love of family and friendship, and this dedicated law enforcement officer will be missed by all who had the great fortune of knowing him; and

WHEREAS, Officer Riner exhibited extraordinary devotion to public service, outstanding loyalty, fine leadership, and meticulous attention to detail in all of his duties and it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an intersection in his memory.

PART V WHEREAS, Trooper Jimmy Cenescar was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and

WHEREAS, Trooper Cenescar was born in Port Au Prince, Haiti, on August 8, 1995, the beloved son of Helas and Wisleine Cenescar; and

WHEREAS, he began his career in law enforcement with the Atlanta Police Department, where he earned recognition and honors for his 2022 rescue of a driver who had driven off a bridge; and

WHEREAS, Trooper Cenescar joined the Department of Public Safety and graduated from the 114th Georgia State Patrol Trooper School in 2023 and exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties; and

WHEREAS, Trooper Cenescar's life was tragically cut short in the line of duty on January 28, 2024; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.

PART VI NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the interchange of State Route 400/US 19 and State Route 140/Holcomb Bridge Road in Fulton County is dedicated as the Officer Jeremy Labonte Memorial Interchange.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 92 and State Route 120 in Paulding County is dedicated as the Deputy Brandon Cunningham Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. Route 129 and Wayne Poultry Road/Village Parkway in Jackson County is dedicated as the Christopher Lee Ruse Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 316 and Hi Hope Road in Gwinnett County is dedicated as the Officer Scott Riner Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 324 over Interstate 85 in Gwinnett County is dedicated as the Trooper Jimmy Cenescar Memorial Bridge.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to make appropriate copies of this resolution available for distribution to the Department of Transportation and to the families of Officer Jeremy Labonte, Deputy Brandon Cunningham, Officer Christopher Lee Ruse, Officer Scott Ozburn Riner, and Trooper Jimmy Cenescar.

Approved May 14, 2025.

__________

REVENUE AND TAXATION INCOME TAX; INTERNAL REVENUE CODE; ANNUAL UPDATE.

No. 370 (House Bill No. 290).

AN ACT

To amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of revenue and taxation, so as to revise the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" to incorporate certain provisions of the federal law into

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Georgia law; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of revenue and taxation, is amended by revising paragraph (14) of Code Section 48-1-2, relating to definitions, as follows:
"(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning on or after January 1, 2024, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2025, except that Section 108(i), Section 163(e)(5)(F), Section 168(b)(3)(I), Section 168(e)(3)(B)(vii), Section 168(e)(3)(E)(ix), Section 168(e)(8), Section 168(k), Section 168(m), Section 168(n), Section 179(d)(1)(B)(ii), Section 179(f), Section 199, Section 381(c)(20), Section 382(d)(3), Section 810(b)(4), Section 1400L, Section 1400N(d)(1), Section 1400N(f), Section 1400N(j), Section 1400N(k), and Section 1400N(o) of the Internal Revenue Code of 1986, as amended, shall be treated as if they were not in effect, and except that Section 168(e)(7), Section 172(b)(1)(F), and Section 172(i)(1) of the Internal Revenue Code of 1986, as amended, shall be treated as they were in effect before the 2008 enactment of federal Public Law 110-343, and except that Section 163(i)(1) of the Internal Revenue Code of 1986, as amended, shall be treated as it was in effect before the 2009 enactment of federal Public Law 111-5, and except that Section 13(e)(4) of 2009 federal Public Law 111-92 shall be treated as if it was not in effect, and except that Section 118, Section 163(j), Section 382(k)(1), and Section 174 of the Internal Revenue Code of 1986, as amended, shall be treated as they were in effect before the 2017 enactment of federal Public Law 115-97; provided, however, that all provisions in federal Public Law 117-58 (Infrastructure Investment and Jobs Act) that change or affect in any manner Section 118 shall be treated as if they were in effect, and except that all provisions in federal Public Law 116-136 (CARES Act) that change or affect in any manner Section 172 and Section 461(l) shall be treated as if they were not in effect, and except that all provisions in federal Public Law 117-2 (American Rescue Plan Act of 2021) that change or affect in any manner Section 461(l) shall be treated as if they were not in effect, and except that the limitations provided in Section 179(b)(1) shall be $250,000.00 for tax years beginning in 2010, shall be $250,000.00 for tax years beginning in 2011, shall be $250,000.00 for tax years beginning in 2012, shall be $250,000.00 for tax years beginning in 2013, and shall be $500,000.00 for tax years beginning in 2014, and except that the limitations provided in Section 179(b)(2) shall be $800,000.00 for tax years beginning in 2010, shall be $800,000.00 for tax years beginning in 2011, shall be $800,000.00 for tax years beginning in 2012, shall be $800,000.00 for tax years beginning in 2013, and shall be $2 million for tax years

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GENERAL ACTS AND RESOLUTIONS, VOL. I

beginning in 2014, and provided that Section 1106 of federal Public Law 112-95 as amended by federal Public Law 113-243 shall be treated as if it is in effect, except the phrase 'Code Section 48-2-35 (or, if later, November 15, 2015)' shall be substituted for the phrase 'section 6511(a) of such Code (or, if later, April 15, 2015),' and notwithstanding any other provision in this title, no interest shall be refunded with respect to any claim for refund filed pursuant to Section 1106 of federal Public Law 112-95, and provided that subsection (b) of Section 3 of federal Public Law 114-292 shall be treated as if it is in effect, except the phrase 'Code Section 48-2-35' shall be substituted for the phrase 'section 6511(a) of the Internal Revenue Code of 1986' and the phrase 'such section' shall be substituted for the phrase 'such subsection.' 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, 2025, the term means the provisions of 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, as amended. For taxable years beginning on or after January 1, 2024, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2025, 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 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, 2024.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 14, 2025.

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GENERAL ASSEMBLY OFFICIAL CODE OF GEORGIA ANNOTATED; REVISE, MODERNIZE, CORRECT ERRORS OR OMISSIONS IN, AND REENACT THE STATUTORY PORTION OF SAID CODE.

No. 371 (Senate Bill No. 153).

AN ACT

To amend the Official Code of Georgia Annotated, so as to revise, modernize, correct errors or omissions in, and reenact the statutory portion of said Code, as amended, in furtherance of the work of the Code Revision Commission; to repeal portions of said Code, or Acts in amendment thereof, which have become obsolete, have been declared to be unconstitutional, or have been preempted or superseded by subsequent laws; to codify principles of law derived from decisions of the state Supreme Court; to provide for other matters relating to revision, reenactment, and publication of said Code; to provide for effect in event of conflicts; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Reserved.

SECTION 1.

SECTION 2. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended in: (1) Code Section 2-10-57, relating to authority of Commissioner to provide for safety and security at farmers' markets and police powers, in the introductory language of subparagraph (b)(1)(F), by replacing the semicolon with a colon.

Reserved.

SECTION 3.

SECTION 4. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended in: (1) Code Section 4-11-3, relating to licenses for pet dealers and kennel, stable, or animal shelter operators, requirement, issuance, and application, in paragraph (c.1)(4), by deleting "and reserved".

Reserved.

SECTION 5.

1030 Reserved.

GENERAL ACTS AND RESOLUTIONS, VOL. I SECTION 6.

SECTION 7. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended in: (1) Code Section 7-1-612, which is reserved, by designating said Code section as repealed. (2) Code Section 7-1-689, relating to record keeping, investigation and examination requirements and powers, and limitations on civil liability, in paragraph (l)(1), by replacing "and telephone, facsimile," with "telephone number, facsimile number,". (3) Code Section 7-1-706, relating to record keeping, investigation and examination requirements and powers, and limitation on civil liability, in paragraph (l)(1), by replacing "and telephone, facsimile," with "telephone number, facsimile number,". (4) Code Section 7-1-1009, relating to record keeping, investigations and examinations, and exemptions from civil liability, in paragraph (g)(1), by replacing "and telephone," with "telephone number,". (5) Code Section 7-1-1011, relating to annual fees, in subsection (a), by replacing "mortgage broker," with "a mortgage broker,". (6) Code Section 7-1-1017, relating to suspension or revocation of licenses or mortgage broker education approval, notice, judicial review, and effect on preexisting contract, in subsection (b), by replacing "For purposes of" with "As used in" and by replacing "their" with "his or her". (7) Code Section 7-3-18, which is reserved, by designating said Code section as repealed. (8) Code Section 7-9-8, relating to the issuance of certificate of incorporation or certificate of organization, at the end of paragraph (3), by inserting a comma and in the undesignated text at the end of the Code section, by replacing "name of" with "the name of". (9) Code Section 7-9-11.8, relating to rights and remedies of shareholders, in subsection (a), by replacing "known as the 'Georgia Business Corporation Code' or" with "the 'Georgia Business Corporation Code,' or" and in paragraph (b)(1), by replacing "resulting acquirer" with "resulting merchant acquirer".

SECTION 8. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended in: (1) Code Section 8-3-311, relating to creation of stable housing accountability programs, application process, minimum standards, approval criteria, and funding, in the introductory language of subsection (d), by replacing "At minimum," with "At a minimum,", in subparagraph (d)(6)(A), by replacing "U.S." with "United States", in subparagraph (d)(6)(E), by replacing "heath" with "health", and in paragraph (e)(2), by replacing "their" with "his or her".

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(2) Code Section 8-3-312, relating to disbursements for operating expenses, by replacing "provided the commission" with "provided to the commission".

Reserved.

SECTION 9.

SECTION 10. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended in: (1) Code Section 10-1-427, relating to false advertising of legal services, good faith exemptions, investigation and enforcement by Attorney General, and penalties for violation of cease and desist order, in paragraph (a)(3), by replacing "Internet search engine ad," with "internet search engine advertisement,". (2) Code Section 10-1-782, relating to definitions regarding the "Georgia Lemon Law," in paragraph (23), by inserting "by" preceding "90,000". (3) Code Section 10-4-111, relating to meetings of advisory board, duties, fixing opening date of marketing season, and revocation of license for early sale, by repealing and reserving said Code section. (4) Article 7 of Chapter 6, which is reserved, by repealing said article.

Reserved.

SECTION 11.

Reserved.

SECTION 12.

Reserved.

SECTION 13.

Reserved.

SECTION 14.

SECTION 15. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in: (1) Code Section 15-5B-12, as effective on July 1, 2026, relating to proceedings, filing procedures, service, and scheduling, in subsection (f), by replacing "address of the of the" with "address of the". (2) Code Section 15-10-101, relating to eligibility of constables, in paragraph (a)(4), by replacing "accredited high school diploma or general educational development (GED)" with "approved high school equivalency (HSE)".

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) Code Section 15-11-71, relating to juvenile treatment court divisions, in the introductory language of paragraph (a)(3), by replacing "increase likelihood" with "increase the likelihood" and in subsection (f), by replacing "may have the authority" with "shall be authorized". (4) Code Section 15-12-40.1, relating to state-wide master jury list, driver's license information, list of registered voters, and random list of persons to comprise venire, in subsection (b), by replacing "or personal identification card" with "or identification card" each time the phrase appears and by replacing "or a personal identification card" with "or an identification card".

SECTION 16. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in: (1) Code Section 16-5-3.1, relating to aggravated involuntary manslaughter for fentanyl overdose death, in paragraph (a)(3), by replacing "shall mean" with "means", in paragraph (a)(4), by replacing "shall include" with "includes", and in subsection (c), by replacing "10 years" with "ten years". (2) Code Section 16-5-20, relating to simple assault, in subsections (c) and (f), by replacing "For purposes of this Code section," with "As used in this Code section, the term", in the undesignated text at the end of subsection (h), by replacing "For the purposes of" with "As used in" and by replacing "homo sapiens" with "Homo sapiens", and in subsection (i), by replacing "their" with "his or her". (3) Code Section 16-5-21, relating to aggravated assault, in subsection (m), by replacing "their" with "his or her". (4) Code Section 16-5-23, relating to simple battery, in subsection (d), by replacing "For purposes of this Code section," with "As used in this Code section, the term", in subsection (i), by replacing "For purposes of this Code section, 'school property' shall include" with "As used in this Code section, the term 'school property' includes", and in subsection (j), by replacing "their" with "his or her". (5) Code Section 16-5-23.1, relating to battery, in subsection (g), by replacing "For purposes of this Code section," with "As used in this Code section, the term", in subsection (i), by replacing "For purposes of this Code section, 'school property' shall include" with "As used in this Code section, the term 'school property' includes", and in subsection (l), by replacing "their" with "his or her". (6) Code Section 16-5-24, relating to aggravated battery, in subsection (i), by replacing "their" with "his or her". (7) Code Section 16-7-21.1, relating to unlawful squatting, by revising said Code section as follows:
"16-7-21.1. (a)(1) A person commits the offense of unlawful squatting when he or she enters upon the land or premises of another and resides on such land or premises for any period of

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time knowingly acting without the knowledge or consent of the owner, the rightful occupant, or an authorized representative of the owner. As used in this Code section, the term 'resides' means to inhabit or live on or within any land or premises. (2) Any person who commits or is accused of committing the offense of unlawful squatting as provided for in paragraph (1) of this subsection shall receive a citation advising that he or she shall present to the head of the issuing law enforcement agency or its designee, within three business days of receiving the citation for such alleged offense, properly executed documentation that authorizes the person's entry on such land or premises. Such documentation may include a properly executed lease or rental agreement or proof of rental payments. (3) If such person is unable to provide the documentation required by paragraph (2) of this subsection, such person shall be subject to arrest for unlawful squatting and, upon conviction thereof, shall be subject to the penalty provided in subsection (b) of this Code section. (4) If such person provides documentation that authorizes such person's entry on the land or premises, a hearing shall be set within seven days of the submission of such documentation, and, if the court of appropriate jurisdiction finds that the submitted documentation was not properly executed or is not meritorious, such person shall be subject to demand for possession and removal as provided in Code Section 44-11-32, be subject to arrest and upon conviction penalties as provided for in Code Sections 16-9-1 and 16-9-2, and be assessed an additional fine based on the fair market monthly rental rate of the land or premises. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor which upon conviction shall be punished as provided in Code Section 17-10-3." (8) Code Section 16-7-23, relating to criminal damage to property in the second degree, in paragraph (a)(2), by inserting a comma following "fireworks". (9) Code Section 16-11-171, relating to definitions regarding Brady Law regulations, in paragraph (4), by inserting "of Chapter 7" following "Article 6". (10) Code Section 16-13-71, relating to dangerous drugs, by revising numerous paragraphs in subsection (b), subparagraph (b)(59)(BB.5), and paragraph (c)(16.92) as follows: "(57.5) Anthrax vaccine adsorbed, Adjuvanted;"
"(BB.5) House dust mite allergen extract;" "(160.5) Chikungunya vaccine, Live;" "(206.7) Coagulation Factor X, Human;" "(247.4) Dengue tetravalent vaccine, Live;" "(317.3) Dornase alpha;" "(328.3) Ebola Zaire vaccine, Live;" "(383.15) Ferric hexacyanoferrate;" "(425) Gomenol solution;" "(433.5) Halobetasol propionate;"

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"(446.2) Human papillomavirus 9-valent vaccine, Recombinant;" "(836.1) Respiratory syncytial virus vaccine;" "(855.5) Sermorelin acetate;" "(1025.8) Varicella virus vaccine, Live;" "(1037.23) Von Willebrand factor;" "(1042.8) Zoledronic acid;" "(1042.95) Zoster vaccine recombinant, Adjuvanted;" "(16.92) Any opioid antagonist, as defined in Code Section 26-4-116.2, shall also be exempt from subsections (a) and (b) of this Code section when used for drug overdose prevention and when supplied by a dispenser or an authorized wholesale distributor;". (11) Code Section 16-13-122, relating to content of kratom and required labeling, in paragraph (b)(1), by deleting "of". See Compiler's Note, Page 1077.

SECTION 17. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in: (1) Code Section 17-6-12, relating to unsecured judicial release, requirement, effect of failure of person charged to appear for trial, and consideration of criminal record, in subparagraph (a)(1)(GG), by replacing "Code Section 16-10-29;" with "Code Section 16-10-24;". (2) Code Section 17-10-7, relating to punishment of repeat offenders and punishment and eligibility for parole of persons convicted of fourth felony offense, in subsection (e), by replacing "recidivous" with "recidivist".

Reserved.

SECTION 18.

SECTION 19. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in: (1) Code Section 19-6-9, relating to voluntary separation, abandonment, or driving off of spouse and equity may compel support, by deleting "and as may be". (2) Code Section 19-6-32, relating to entering income withholding order or medical support notice for award of child support, when order or notice effective, and hearing on order, in paragraph (a)(2), by replacing "means judge" with "means a judge" and in paragraph (a)(5), by replacing "42 U.S.C. Section 666(b)(A)(I) and (ii)" with "42 U.S.C. Section 666(b)(6)(A)(i) and (ii)". (3) Code Section 19-6-33, relating to notice and service of income withholding order, hearing on enforcement of order, discharge of obligor, and penalties, in paragraph (a)(2), by replacing "means judge" with "means a judge".

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(4) Code Section 19-6-33.1, relating to family support registry, in subparagraph (e)(2)(A), by replacing "arrears or" with "arrears, or".

SECTION 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in: (1) Code Section 20-2-37, which is reserved, by designating said Code section as repealed. (2) Code Section 20-2-38, which is reserved, by designating said Code section as repealed. (3) Code Section 20-2-167.1, relating to public meetings on proposed annual operating budget, notice, electronic copies, and exception for certain nonprofits, in paragraph (a)(2), by replacing "system and," with "system,". (4) Code Section 20-2-751.4, as effective on July 1, 2025, relating to policies prohibiting bullying and cyberbullying required, enforcement of policies including assignment to alternative school, notice, antibullying training programs and materials, limitation of liability, and noncompliance, by revising the introductory language of subparagraph (1)(A) as follows:
"(1)(A) 'Bullying' means an act that is:" (5) Code Section 20-2-775, relating to automated external defibrillator required in high schools, requirements, and funding, in subparagraph (c)(7)(D), by deleting the comma following "leads". (6) Code Section 20-2-776.5, relating to opioid antagonists, possession, administration, obligations, and immunity from civil liability, at the end of subsection (g), by inserting a period following "known". (7) Article 1 of Chapter 3, relating to postsecondary education generally, by designating Code Section 20-3-1, relating to definitions, as Part 1. (8) Code Section 20-3-38, relating to agricultural extension work, in subsection (a), by replacing "U.S.C.A." with "U.S.C.". (9) Code Section 20-3-41.2, relating to surrender of materials to division for preservation, preparation of certified copies, ownership, operation, and management of electronic archival records, exemption for certain records under certain conditions, and "constitutional officer" defined, in subsections (a) through (c), by inserting "of the University System of Georgia" following "Division of Archives and History" each time the term appears. (10) Code Section 20-3-41.3, relating to study of historical documents and public displays of the Foundations of American Law and Government, in paragraph (a)(1), by inserting "of the University System of Georgia" following "Division of Archives and History". (11) Code Section 20-3-45, relating to Georgia Historical Records Advisory Council created, purpose, members, expenses, coordinator, officers, meetings, administrative assignment, and staff, in subsections (c) and (h), by replacing "the Division of Archives and History" with "the division". (12) Code Section 20-3-45.1, relating to powers and duties of the Georgia Historical Records Advisory Council, in paragraph (2), by replacing "the Division of Archives and History" with "the division".

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(13) Code Section 20-3-48, relating to short title, public forums designated, "free speech zones" prohibited, allowed restrictions, protected expressive activity, construction, required materials, and annual reporting, in paragraph (b)(5), by replacing "This term" with "Such term". (14) Code Section 20-3-60, relating to when properties of university system may be sold, leased, or otherwise disposed of, effect of restrictions on use, and works of art, in subsection (a) and in the undesignated text at the end of paragraph (c)(2), by replacing "however, that" with "however, that," and in paragraph (c)(1), by replacing "The term 'work of art'" with "Such term" each time the phrase appears. (15) Code Section 20-3-66, relating to determination of in-state resident status of students for tuition or fees, in the undesignated text at the end of paragraph (a)(4), by replacing "the term 'student from a homeless situation'" with "such term". (16) Code Section 20-3-67, relating to powers of regents over system and institutions over students not limited by lowering age of majority, by replacing "the system" with "the university system". (17) Code Section 20-3-92, relating to definitions regarding postsecondary education, in paragraph (5), by replacing "The term" with "Such term" and by replacing "is recognized as a student organization" with "are recognized as student organizations". (18) Code Section 20-3-130, relating to short title regarding junior colleges and name of junior college system, by replacing "shall be known as" with "shall be known and may be cited as" each time the phrase appears. (19) Code Section 20-3-131, relating to definitions regarding junior colleges, in paragraph (2), by replacing "county school system, independent school system," with "local school system,". (20) Code Section 20-3-132, relating to authority to establish and maintain junior colleges, by replacing "county school system, independent school system," with "local school system," each time the phrase appears. (21) Code Section 20-3-150, relating to short title regarding Georgia Education Authority (University), by replacing "may be cited" with "shall be known and may be cited". (22) Code Section 20-3-200, relating to short title regarding Private Colleges and Universities Authority, by replacing "may be cited as" with "shall be known and may be cited as". (23) Code Section 20-3-201, relating to definitions regarding Private Colleges and Universities Authority, in paragraph (4), by replacing "'Construction project' also means" with "Such term also means" and by replacing "The term 'construction project' also means" with "Such term also means", in paragraph (5), by replacing "the term 'cost,' as applied" with "such term, as applied", and in paragraph (6) and divisions (7)(A)(i), (7)(A)(ii), and (7)(A)(iv), by replacing "U.S.C.A." with "U.S.C.". (24) Code Section 20-3-231, relating to legislative findings and purpose of Georgia Student Finance Commission, in subsections (a) and (b), by deleting the internal catchlines.

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(25) Code Section 20-3-234, relating to functions and composition of board of commissioners, appointment, qualifications, and terms of commissioners, board officers, meetings, committees, compensation, and advisory councils, in subsections (a) through (h), by deleting the internal catchlines. (26) Code Section 20-3-235, relating to commission officers, employees, and support services, bonds, and legal services, in paragraphs (1) through (5), by deleting the internal catchlines. (27) Code Section 20-3-236, relating to powers and duties of commission, board of commissioners, and officers, confidentiality, and repayments and refunds, in paragraph (a)(1), by replacing "they" with "it" and by replacing "them" with "the board of commissioners" and in paragraph (b)(2), by replacing "e-mail" with "email". (28) Code Section 20-3-242, relating to web based counseling and resources for students, in paragraph (1), by replacing "web based" with "internet based" and in paragraph (2), by replacing "a web based" with "an internet based". (29) Code Section 20-3-250.2, relating to definitions regarding nonpublic postsecondary educational institutions, in paragraph (11.1), by replacing "however, that" with "however, that,". (30) Code Section 20-3-250.3, relating to educational institutions exempted from application of part, in the undesignated text at the end of subparagraph (a)(13)(B), by replacing "however that" with "however, that" and in paragraph (a)(14), by replacing "associate" with "associate's". (31) Code Section 20-3-250.6, relating to minimum standards for educational institutions, in paragraph (a)(4), by replacing "catalog" with "catalogue". (32) Code Section 20-3-250.8, relating to application to operate or conduct postsecondary activities, in subsection (a), by replacing "catalog" with "catalogue" and by replacing "however, that" with "however, that," and in subsection (b), by replacing "catalogs," with "catalogues,". (33) Code Section 20-3-311, relating to legislative findings and purposes of authority, in subsection (a), by deleting the internal catchline. (34) Code Section 20-3-313, relating to authority created as successor to Georgia Higher Education Assistance Authority and abolishment of Georgia Higher Education Assistance Corporation, in the introductory language of subsection (c), by replacing "however:" with "however, that:", in paragraphs (c)(1) and (c)(2), by replacing "That educational" with "Educational", and in paragraph (c)(3), by replacing "That all" with "All". (35) Code Section 20-3-314, relating to functions, composition, organization, and conduct of affairs of board of directors, in subsection (a), by deleting the internal catchline, in the introductory language of subsection (b), by deleting the internal catchline and by replacing "however:" with "however, that:", in paragraph (b)(1), by replacing "That nothing" with "Nothing", in paragraph (b)(2), by replacing "That no" with "No", and in paragraph (b)(3), by replacing "That the" with "The".

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(36) Code Section 20-3-316, relating to powers and duties of authority, employees' functions, servicing of educational loans, registration with Selective Service System, and confidentiality, in paragraph (b)(2), by replacing "e-mail" with "email". (37) Code Section 20-3-329, relating to employees of commission transferred to authority, status of authority employees hired after July 1, 1996, status of transferred employees, and benefits of transferred employees not impaired, in subsection (c), by replacing "however, that" with "however, that,". (38) Code Section 20-3-373, relating to general loan fund, in the undesignated text at the end of subsection (a), by replacing "fund to make" with "fund provided for in subsection (a) of this Code section to make" and by redesignating such undesignated text as new subsection (b) and by redesignating current subsection (b) as new subsection (c). (39) Code Section 20-3-374, relating to service cancelable loan fund and authorized types of service cancelable educational loans, in paragraphs (b)(1) through (b)(4), by deleting the internal catchlines. (40) Code Section 20-3-386, relating to distribution of education loan repayment assistance and conditions, in subsection (d), by replacing "U.S.C.A." with "U.S.C.". (41) Code Section 20-3-395, relating to definitions regarding direct loans to students on basis of need and merit, in subparagraphs (3)(A), (3)(B), and (3)(C), by replacing "associate" with "associate's" and in paragraph (6), by replacing "U.S.C.A." with "U.S.C.". (42) Code Section 20-3-400.1, relating to definitions regarding graduate on time student loans, in paragraph (1) and subparagraphs (4)(A) and (4)(B), by replacing "associate" with "associate's". (43) Code Section 20-3-405.1, relating to definitions regarding Education for Public Service Student Loan, in subparagraphs (4)(A) and (4)(B), by replacing "associate degrees" with "associate's degrees". (44) Code Section 20-3-405.2, relating to eligibility, repayment period, maximum amount, application, and statement of requirements, in subsection (c), by replacing "associate degree," with "associate's degree,". (45) Code Section 20-3-431, relating to "eligible student" defined, in the introductory language, by replacing "For purposes of" with "As used in". (46) Code Section 20-3-441, relating to "eligible student" defined, in the introductory language, by replacing "For purposes of" with "As used in". (47) Code Section 20-3-499, relating to selection of REACH scholars, in division (a)(1)(B)(i), by replacing "SNAP (Food Stamp)" with "Supplemental Nutrition Assistance Program (SNAP)" and in division (a)(1)(B)(ii), by replacing "TANF" with "Temporary Assistance for Needy Families (TANF)". (48) Code Section 20-3-519, relating to definitions regarding HOPE scholarships and grants, in the undesignated text at the end of subparagraph (6)(A), by replacing "however, that" with "however, that," and in paragraph (25), by replacing "U.S.C.A." with "U.S.C.". (49) Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship and award amount, in the introductory language of subsection (a) and in the introductory

GEORGIA LAWS 2025 SESSION

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language of subsection (b), by replacing "associate" with "associate's" and in paragraph (d)(3), by replacing "however, that" with "however, that," each time the phrase appears. (50) Code Section 20-3-519.5, relating to eligibility requirements for a HOPE grant and award amount, in the introductory language of subsection (a.1) and the undesignated text at the end of subsection (a.1), by replacing "associate degree" with "associate's degree". (51) Code Section 20-3-564, relating to authorization to dispose of property, by replacing "however, that" with "however, that,". (52) Code Section 20-3-633, relating to creation, board of directors, and assignment to Department of Administrative Services, in paragraph (a)(1), by replacing "Chancellor" with "chancellor". (53) Code Section 20-3-642, relating to records not open to public inspection and duration, in paragraph (a)(2), by replacing "clearing house" with "clearing-house". (54) Article 13 of Chapter 3, relating to compensation of intercollegiate athletes, by repealing said article. (55) Code Section 20-4-1, relating to acceptance of federal act regarding vocational education, by replacing "(20 U.S.C.A. Section 11, et seq.; c. 114, Section 1, 39 Stat. 929)," with "(20 U.S.C. Section 11, et seq.; 39 Stat. 929),". (56) Code Section 20-4-4, relating to employing teachers under federal act, by replacing "(20 U.S.C.A. Section 11, et seq.; c. 114, Section 1, 39 Stat. 929)," with "(20 U.S.C. Section 11, et seq.; 39 Stat. 929),". (57) Code Section 20-4-10, relating to the State Board of the Technical College System of Georgia established, members, and officers, in subsection (a), by replacing "however, in" with "provided, however, that, in". (58) Code Section 20-4-11, relating to powers of the State Board of the Technical College System of Georgia, at the end of division (3)(C)(ii), by replacing the period with a semicolon. (59) Code Section 20-4-11.1, relating to public forums designated, "free speech zones" prohibited, allowed restrictions, protected expressive activity, construction, required materials, and annual reporting, in paragraph (a)(5), by replacing "This term" with "Such term". (60) Code Section 20-4-15, relating to establishment of adult literacy programs, eligibility, and office of adult literacy, in the introductory language of subsection (d), by replacing "who:" with "who are:", in paragraph (d)(1), by replacing "Are high" with "High", and in paragraph (d)(2), by replacing "Are at" with "At". (61) Code Section 20-4-17, relating to agencies to receive federal funds and transfer of personnel to Department of Technical and Adult Education, now known as Technical College System of Georgia, in subsection (a), by replacing "further," with "further, that". (62) Code Section 20-4-41, relating to extent and nature of training to be offered, by replacing "however, no" with "however, that no".

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(63) Article 5 of Chapter 4, relating to the Georgia Joint Defense Commission, by replacing "commissioner of the Department of Economic Development" with "commissioner of economic development" each time the phrase appears in:
(A) Code Section 20-4-120, relating to the creation of commission and membership; (B) Code Section 20-4-131, relating to administration of grant program and purpose; (C) Code Section 20-4-132, relating to awarding of grants; (D) Code Section 20-4-133, relating to grant application requirements; and (E) Code Section 20-4-134, relating to rules and regulations. (64) Code Section 20-4-141, relating to establishment of pilot program, awarding of high school diploma to successful participants, skills and knowledge, eligibility for participation, and regulation, in paragraph (a)(1) and subparagraph (f)(3)(A), by replacing "associate degree" with "associate's degree" and in divisions (e)(4)(A)(iii) and (e)(4)(B)(ii), by replacing "U.S.C.A." with "U.S.C." each time the term appears. (65) Code Section 20-4-151, relating to purpose, employer partnerships, required information, contracts, awards, and limitations, in paragraph (d)(1), by replacing "$10,000.00" with "Ten thousand dollars", in paragraph (d)(2), by replacing "$5,000.00" with "Five thousand dollars", and in paragraph (e)(2), by deleting "the" preceding "Fiscal Year 2025". (66) Code Section 20-5-2, relating to powers and duties of the board of regents and director of University of Georgia Libraries, abolition of State Library Commission and transfer of functions, reports of state publications, and electronic submission, in subsection (e), by replacing "For purposes of this article, 'public documents' shall mean" with "As used in this Code section, the term 'public documents' means" and in subsection (k), by replacing "Division of Archives and History," with "Division of Archives and History of the University System of Georgia,". (67) Code Section 20-5-5, relating to internet safety policies in public libraries, in paragraphs (a)(1) and (h)(1), by replacing "Internet" with "internet". (68) Code Section 20-8-1, relating to definitions regarding campus policemen, in paragraph (1), by replacing "The term 'campus'" with "Such term". (69) Code Section 20-12-1, relating to definitions regarding marine resources extension centers and institute for oceanographic studies, in paragraph (3), by deleting "as defined in paragraph (2) of this Code section". (70) Code Section 20-14-96, relating to accrediting agencies, standards, applicability, and construction, in paragraph (e)(2), by replacing "however, that" with "however, that,". (71) Code Section 20-17-2, relating to provisions of The Interstate Compact on Educational Opportunity for Military Children, in Section A of Article II and in Section A(1) of Article III, by replacing "10 U.S.C. Sections 1209 and 1211" with "10 U.S.C. Chapters 1209 and 1211".

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SECTION 21. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended in: (1) Code Section 21-2-217, relating to rules for determining residence, by revising subparagraph (a)(2)(B) and subsection (b) as follows:
"(B) If a person returns to his or her original or new residence after voting or registering to vote in a different or separate jurisdiction, such person shall update his or her voter registration with his or her current residency jurisdiction in order to be deemed a valid registered elector and resident of such jurisdiction for voting purposes; and" "(b) In determining a voter's qualification to register and vote, the registrars to whom such application is made shall consider, in addition to the applicant's expressed intent, any relevant circumstances determining the applicant's residence. The registrars taking such registration may consider the applicant's financial independence; business pursuits; employment; income sources; residence for income tax purposes; age; marital status; residence of parents, spouse, and children, if any; leaseholds; sites of personal and real property owned by the applicant; motor vehicle and other personal property registration; National Change of Address program information sponsored by the United States Postal Service; and other such factors that the registrars may reasonably deem necessary to determine the qualification of an applicant to vote in a primary or election. The decision of the registrars to whom such application is made shall be presumptive evidence of a person's residence for voting purposes."

Reserved.

SECTION 22.

Reserved.

SECTION 23.

Reserved.

SECTION 24.

Reserved.

SECTION 25.

SECTION 26. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended in: (1) Code Section 26-4-116.1, relating to licensed health practitioners authorized to prescribe auto-injectable epinephrine for schools and pharmacists authorized to fill prescriptions, in subsection (b), by replacing "Code Section 31-1-14" with "Code Section 31-1-15".

1042 Reserved.

GENERAL ACTS AND RESOLUTIONS, VOL. I SECTION 27.

Reserved.

SECTION 28.

SECTION 29. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended in: (1) Code Section 29-5-3, relating to order of preference in selecting conservator, nomination of individual to serve as conservator, and requirements of nomination, in paragraph (b)(4), by replacing "(c)" with "(d)".

Reserved.

SECTION 30.

SECTION 31. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in: (1) Code Section 31-1-6, relating to reuse of heart pacemakers, in subsection (b), by deleting ", as defined in subsection (a) of this Code section,". (2) Code Section 31-1-8, relating to notice of proposed special facility, in the introductory language of subsection (a), by replacing "For the purposes of" with "As used in", in paragraph (a)(1), by replacing "drug users as defined in paragraph (11) of" with "drug abusers as defined in", and in paragraph (a)(2), by replacing "provided such" with "provided that such". (3) Code Section 31-1-9, relating to breast-feeding of baby, by replacing "breast-feeding" with "breastfeeding" and by replacing "breast-feed" with "breastfeed". (4) Code Section 31-1-19, relating to prohibition on expenditure or use of state resources to advocate for or intend to influence citizens in support of Medicaid expansion under the federal Affordable Care Act, in subsection (a), by replacing "Public Law" with "P.L.". (5) Code Section 31-1-24, relating to organ transplant protections for individuals with disabilities and civil relief for violations, in division (a)(2)(C)(ii), by inserting a comma following "Section 1320d" and by replacing "such Act" with "such act". (6) Code Section 31-2-4, relating to department's powers, duties, functions, and responsibilities, divisions, directors, and contracts for health benefits, in subparagraph (a)(1)(A), by replacing "State of Georgia, et al. v. Philip Morris, Inc., et al.," with "State of Georgia, et al. v. Philip Morris, Inc., et al.," and in the introductory language of subparagraph (d)(10)(B) and in subparagraph (d)(11)(B), by replacing "For purposes of" with "As used in". (7) Code Section 31-2-8, relating to actions against certain applicants or licensees, in subsection (a), by replacing "For purposes of" with "As used in", by replacing "shall be used

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to refer to" with "means", and by replacing "provisions of the law" with "provisions of law" and in subparagraph (c)(6)(B), by replacing "For purposes of" with "As used in". (8) Code Section 31-2-17, which is repealed, by designating said Code section as reserved. (9) Code Section 31-2-18, relating to website reporting on state health plans, in paragraph (a)(1), by replacing "Medical" with "The medical", in paragraph (a)(2), by replacing "PeachCare" with "The PeachCare", in the introductory language of subsection (b), by replacing "department website" with "department's website", and in paragraph (b)(3), by replacing "non-emergent" with "nonemergent". (10) Code Section 31-2A-12, relating to the Georgia Commission on Maternal and Infant Health and composition, membership, duties, and responsibilities, in subsection (c), by replacing "council" with "commission", in paragraph (e)(5), by inserting a comma following "chapter", and in subsection (h), by inserting "and reserved" following "repealed". (11) Code Section 31-2A-16, relating to Maternal Mortality Review Committee established, in paragraph (d)(1), by replacing "Chapter 7 of Title 31," with "Chapter 7 of this title,". (12) Code Section 31-5-3, relating to appeals, in paragraph (a)(2), by replacing "however," with "however, that,". (13) Code Section 31-6-21.1, relating to procedures for rule making by Department of Community Health, in subsection (h), by replacing "For purposes of this Code section, 'rules' shall mean" with "As used in this Code section, the term 'rules' means". (14) Code Section 31-6-40, relating to certificate of need required for new institutional health services and exemption, in subsection (d), by replacing "however, all" with "however, that all". (15) Code Section 31-6-42, relating to qualifications for issuance of certificate, in the undesignated text at the end of subsection (c), by replacing "For purposes of" with "As used in". (16) Code Section 31-6-43, relating to acceptance or rejection of application for certificate, in subsection (k), by replacing "For purposes of" with "As used in". (17) Code Section 31-6-44.1, relating to judicial review, in subsection (c), by replacing "however," with "however, that". (18) Code Section 31-6-45.2, relating to participation as Medicaid provider requirement, termination by health care facility of participation as provider of medical assistance, and monetary penalty, in the introductory language of paragraph (b)(3), by replacing "For purposes of this Code section, 'good cause' shall mean:" with "As used in this Code section, the term 'good cause' means:". (19) Code Section 31-6-70, relating to reports to the department by certain health care facilities and all ambulatory surgical centers and imaging centers and public availability, in the introductory language of paragraph (b)(8), by replacing "person" with "persons" and in subsection (g), by replacing "department website" with "department's website". (20) Code Section 31-7-1, relating to definitions regarding regulation and construction of hospitals other health care facilities, in the undesignated text at the end of paragraph (4), by

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replacing "The term 'institution'" with "Such term" and in subparagraph (8)(B), by inserting "that" following "provided". (21) Code Section 31-7-2.2, relating to determination that patients or residents in an institution, community living arrangement, or treatment program are in danger, relocation of patients or residents, and suspension of admissions, in the introductory language of paragraph (c)(1), by replacing "or program" with "or a program". (22) Code Section 31-7-7, relating to refusal or revocation by public hospital of staff privileges, in subsection (a), by replacing "however," with "however, that,". (23) Code Section 31-7-12, relating to personal care homes, licensure and registration, inspection by local boards, fees, investigations, waiver, variance, or exemption, staffing, training, and financial stability requirements, and certified medication aides, in paragraph (a)(2), by replacing "This term" with "Such term" and by deleting "of subsection (b)". (24) Code Section 31-7-12.2, relating to regulation and licensing of assisted living communities, legislative intent, definitions, procedures, and requirements for medication aides, in subsection (e), by replacing "Office" with "office". (25) Code Section 31-7-12.8, relating to certification as nurse aide, employer sponsored training and competency examination programs, and provisional practice by military medical personnel, in subsection (d), by replacing "For purposes of" with "As used in". (26) Code Section 31-7-55, relating to administration of state funds, by inserting "federal" preceding "Public Health Service Act". (27) Code Section 31-7-56, relating to adherence to federal law and regulations, by inserting "federal" preceding "Public Health Service Act". (28) Code Section 31-7-92, relating to filing of audits, by deleting the comma following "municipality". (29) Code Section 31-7-133, relating to confidentiality of review organization's records, in subsection (a) and paragraph (b)(2), by replacing "however, such" with "however, that such". (30) Code Section 31-7-407.1, relating to report of findings, by replacing "the time for issuing said" with "that the time for issuing such". (31) Code Section 31-8-3, relating to disbursement of state funds to counties, by replacing "however, the" with "however, that the". (32) Code Section 31-8-9.1, relating to eligibility to receive tax credits, obligations of rural hospitals after receipt of funds, and posting information on website, in subparagraph (a)(3)(H), by replacing "For purposes of" with "As used in". (33) Code Section 31-8-82, relating to persons required to report abuse or exploitation, time for making report, contents of report, records, and privileged communications, in paragraph (a)(9), by replacing "Title 31" with "this title". (34) Code Section 31-8-171, relating to definitions regarding quality assessment fees on care management organizations, in paragraph (1), by deleting "of the Official Code of Georgia Annotated" and by replacing "Sec." with "Section".

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(35) Code Section 31-8-307, relating to referrals to the drug repository program, in the introductory language of subsection (a), by inserting a comma following "Corrections" and in paragraph (a)(3), by inserting a comma following "limited to". (36) Code Section 31-9-2, relating to persons authorized to consent to surgical or medical treatment, in paragraph (a)(7), by replacing "For purposes of this paragraph," with "As used in this paragraph, the term" and in subsection (c), by replacing "For purposes of" with "As used in". (37) Code Section 31-9-6.1, relating to disclosure of certain information to persons undergoing certain surgical or diagnostic procedures, failure to comply, exceptions, and regulations establishing standards for implementation, in paragraph (e)(4), by inserting a comma following "however, that". (38) Code Section 31-9A-2, relating to definitions regarding woman's right to know, in paragraph (1), by replacing "The term 'abortion'" with "Such term" each time the phrase appears, in paragraph (6), by replacing "Internet" with "internet", and in paragraph (7), by replacing "homo sapiens" with "Homo sapiens". (39) Code Section 31-9A-3, relating to voluntary and informed consent to abortion and availability of ultrasound, in subparagraph (2)(D), by replacing "they shall" with "such materials shall". (40) Code Section 31-9B-2, relating to requirement to determine presence of detectable human heartbeat of unborn child, in subsection (b), by inserting a comma following "Code Section 43-34-8". (41) Code Section 31-10-14, relating to issuance of new certificate of birth following adoption and legitimation or paternity determination, in subsection (b), by replacing "step-parent" with "stepparent". (42) Code Section 31-11-52, relating to certification and recertification of, and training for, paramedics and cardiac technicians, qualifications by felons, and provisional practice by military medical personnel, in subsection (e), by replacing "For purposes of" with "As used in". (43) Code Section 31-11-53, relating to services which may be rendered by certified emergency medical technicians and trainees and provisional practice by military medical personnel, in subsection (d), by replacing "For purposes of" with "As used in". (44) Code Section 31-11-82, relating to evaluation of person with emergency condition, initiation of intervention without prospective authorization, and insurer may not deny payment after prospective authorization given, in subsection (a), by replacing "For purposes of" with "As used in". (45) Code Section 31-12-2, relating to reporting certain diseases and neonatal abstinence syndrome, confidentiality, reporting required of pharmacists, immunity from liability as to information supplied, and notification of potential bioterrorism, in subsection (a), by replacing "however," with "however, that" and in paragraph (a.1)(2), by replacing "diagnosis" with "diagnoses".

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(46) Code Section 31-12-3.1, relating to vaccination registry and reporting requirements, maintenance, and use of information, in the undesignated text at the end of subsection (b), by replacing "United States" with "federal". (47) Code Section 31-12-4.1, relating to smallpox vaccination and treatment program, in paragraph (b)(2), by replacing "workers," with "worker," and by replacing "said hospital" with "such hospital," and in the undesignated text at the end of subsection (b), by replacing "said" with "such". (48) Code Section 31-12-13, relating to definitions concerning bloodborne pathogens, standards, and funds for research and development, in the introductory language of subsection (a), by replacing "For purposes of" with "As used in". (49) Code Section 31-13-6, relating to bonding licensees, in subsection (a), by replacing "bond not less" with "bond of not less". (50) Code Section 31-14-14, relating to immunity from liability, by replacing "Title 31," with "this title,". (51) Code Section 31-17-4.2, relating to HIV and syphilis pregnancy screening, in paragraph (b)(2), by replacing "2832" with "28 to 32". (52) Code Section 31-20-2, relating to performance of sterilization procedure upon request, by replacing "that prior to or at the time of such request" with "that, prior to or at the time of such request,". (53) Code Section 31-21-3, relating to death of person with infectious or communicable disease, required reporting procedures, confidentiality, disclosure, and penalties, in the introductory language of subsection (a), by replacing "For the purposes of" with "As used in" and in paragraph (a)(3), by replacing "or" with "and". (54) Code Section 31-21-6, relating to notification of law enforcement agency upon disturbance, destruction, or debasement of human remains, in the introductory language of subsection (b), by replacing "ancestors of or" with "ancestors of". (55) Code Section 31-21-7, relating to preneed contracts and revisions, affidavit on disposition of remains, role of probate court, warrant as to truthfulness, and liability of funeral home, in paragraph (c)(4), by replacing "For purposes of" with "As used in". (56) Code Section 31-21-20, relating to Board for the Distribution of Cadavers, by replacing "For the purposes of" with "As used in". (57) Code Section 31-21-21, relating to delivery to board of certain unclaimed bodies, in subsection (a), by deleting "for distribution". (58) Code Section 31-21-23, relating to distribution of bodies by board, by deleting "for distribution" and by deleting "above-specified". (59) Code Section 31-21-24, relating to transportation of bodies, by deleting "for distribution" and by deleting "above". (60) Code Section 31-21-26, relating to payment of expenses, by deleting "for distribution". (61) Code Section 31-33-2, relating to furnishing copy of records to patient, provider, or other authorized person, in paragraph (b)(1), by replacing "42 U.S.C. Section 1320d-2, et seq.," with "P.L. 104-191,".

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(62) Code Section 31-33-7, relating to furnishing copies of psychological or psychiatric evaluation to law enforcement officer upon request, in subsection (c), by inserting a comma following "information". (63) Code Section 31-33-8, relating to electronic records and application to psychiatric, psychological, or other mental health records, in subsection (g), by inserting a comma following "(d)". (64) Code Section 31-34-4, relating to loan applicant qualifications and rules and regulations, in paragraph (a)(1), by replacing "Education or the American Osteopathic Association" with "Education, the American Osteopathic Association,", in paragraph (c)(1), by replacing "consider among other criteria for granting loans under the provisions of this article" with "consider, among other criteria for granting loans under the provisions of this article,", and in paragraph (c)(2), by replacing "consider among other criteria for granting loans under the provisions of this article" with "consider, among other criteria for granting loans under the provisions of this article," and by replacing "future census state" with "future such census". (65) Code Section 31-34-5, relating to service cancelable loan, amount, repayment, and determination of underserved rural areas, in paragraph (a)(1), by replacing "that for applicants that" with "that, for applicants who". (66) Code Section 31-34-6, relating to contract between applicant and state agreeing to terms and conditions of loan, breach of contract, and service cancelable contracts, in paragraph (b)(2), by replacing "article who breaches" with "article that breaches". (67) Code Section 31-35-1, relating to legislative findings, by replacing "the United States Centers" with "the federal Centers". (68) Code Section 31-36B-5, relating to healthcare decision making by lay caregiver, no delay in care, and responsibilities, in subsection (e), by replacing "Center for Medicare" with "federal Centers for Medicare". (69) Code Section 31-41-12, relating to definitions regarding childhood lead exposure control, in paragraph (2), by replacing "age including" with "age, including" and in paragraph (7), by replacing "14 U.S.C. Code Section 185(b)(15)" with "P.L. 102-550,". (70) Code Section 31-52-3, relating to definitions regarding the "Georgia Right to Try Act," in subparagraph (5)(A), by replacing "Title 31" with "this title". (71) Code Section 31-53-3, relating to establishment of Office of Health Strategy and Coordination and powers and duties, in paragraph (b)(16), by inserting "and" preceding "practice" and by replacing "outcome" with "outcomes" and in paragraph (b)(23), by replacing "Centralizing" with "Centralize". (72) Code Section 31-53-47, relating to submission of claims and personal identification data not public record, in subsection (b), by deleting the comma following "paid" and by replacing "Data Submission Guide" with "data submission guide" and in subsection (d), by replacing "claim" with "claims". (73) Code Section 31-53-50, relating to penalties for noncompliance, in subsection (b), by deleting the comma following "31-53-51".

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(74) Code Section 31-54-2, relating to law enforcement powers, required training, and carrying of weapon, in subsection (a), by inserting a comma following "however, that" and "further, that" and in subsection (b), by replacing "must" with "shall". (75) The following Code sections, by inserting "federal" preceding "Centers for Disease Control and Prevention" each time the term appears:
(A) Code Section 31-7-18, relating to vaccinations for influenza and pneumococcal disease for certain discharged patients, vaccinations or other measures for health care workers and other employees in hospitals, immunity from liability, and standing orders; (B) Code Section 31-7-19, relating to nursing homes to annually offer influenza vaccinations to health care workers and other employees and immunity from liability; (C) Code Section 31-7-21, relating to provision of influenza education information to assisted living community residents; (D) Code Section 31-12-3.2, relating to meningococcal disease, vaccinations, and disclosures; (E) Code Section 31-22-9.2, relating to HIV tests and report of positive results, notification, counseling, violations, exception for insurance coverage, and exposure of health care provider; (F) Code Section 31-45A-3, relating to development of model aquatic safety plan; and (G) Code Section 31-49-3, relating to duties and responsibilities of the Georgia Council on Lupus Education and Awareness.

Reserved.

SECTION 32.

SECTION 33. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in: (1) Code Section 33-64-7, relating to the Commissioner of Insurance's authority over rules and regulations, in subsection (c), by replacing "deidentified" with "de-identified". (2) Code Section 33-66-6, relating to data analysis and initial report, in subsection (b), by replacing "this Code Section" with "this Code section" and in subsection (c), by replacing "Governor's Office," with "Governor's office,".

SECTION 34. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended in: (1) Code Section 34-8-167, relating to collection of delinquent contribution payments generally, in subsection (b), by replacing "Code Sections 48-2-55 and 48-3-1" with "Code Section 48-2-55".

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SECTION 35. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended in: (1) Code Section 35-1-8, relating to acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons, in paragraph (b)(1), by replacing "For purposes of this subsection," with "As used in this subsection, the term". (2) Code Section 35-1-19, relating to disclosure of arrest booking photographs prohibited, in subsection (b), by replacing "State Sexual Offender Registry," with "state sexual offender registry,". (3) Code Section 35-2-15, relating to off-duty use of motor vehicles and other equipment by certain law enforcement officers, conditions for use, and rules and regulations, in paragraph (a)(3), by replacing "Board of Public Safety." with "board.". (4) Code Section 35-2-49, relating to provision of uniforms and equipment to sworn members of the Department of Public Safety and radio operators and retention of weapons and badges upon retirement, by replacing "Department of Public Safety" with "department" each time the term appears and by replacing "however, that" with "however, that,". (5) Code Section 35-2-51, relating to storeroom for excess clothing, equipment, and other articles and disposition of old and worn equipment, in subsection (b), by replacing "must" with "shall" and by replacing "Department of Public Safety" with "department". (6) Code Section 35-2-52, relating to clothing allowance for members of Uniform Division assigned permanently to personal security or special duty assignments, by replacing "Board of Public Safety," with "board,". (7) Code Section 35-2-57, relating to use of retired unmarked pursuit cars for training, by replacing "Georgia State Patrol" with "Uniform Division" and by deleting "of public safety" following "commissioner". (8) Code Section 35-2-81, relating to definitions regarding Department of Public Safety nomenclature, in paragraph (1), by replacing "Department of Public Safety," with "department,", and by deleting paragraphs (2) and (3) and by redesignating paragraphs (4) through (6) as paragraphs (2) through (4), respectively. (9) Code Section 35-2-84, relating to procedure for seeking permission to use department nomenclature or symbols, by replacing "Board of Public Safety." with "board.". (10) Code Section 35-2-120, relating to definitions regarding the Capitol Police Division, by deleting paragraphs (2) and (3) and by redesignating paragraph (4) as paragraph (2). (11) Code Section 35-3-5, relating to director and creation, appointment and removal, and powers and duties, in subsection (b), by replacing "Board of Public Safety" with "board". (12) Code Section 35-3-7, relating to agreements by director and commissioner for provision of services and material, by deleting "of public safety" following "commissioner" and by replacing "Board of Public Safety," with "board,". (13) Code Section 35-3-31, relating to establishment of center, staff and equipment generally, and State Personnel Board status of personnel, in subsection (a), by replacing

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"Georgia Bureau of Investigation," with "bureau," and in subsection (c), by replacing "Department of Public Safety," with "department,". (14) Code Section 35-3-63, relating to creation of task force and purposes, by replacing "Georgia Bureau of Investigation" with "bureau" each time the term appears and by replacing "This Antiterrorism Task Force" with "The task force". (15) Code Section 35-3-104, relating to procedures for seeking permission to use bureau nomenclature or symbols, by replacing "Board of Public Safety." with "board.". (16) Code Section 35-3-150, relating to definitions regarding the Division of Forensic Sciences, by revising said Code section as follows:
"35-3-150. As used in this article, the term:
(1) 'Crime lab' or 'state crime lab' means the Division of Forensic Sciences of the bureau. (2) 'Division' means the Division of Forensic Sciences of the bureau. (3) 'Division director' means the director of the Division of Forensic Sciences of the bureau. (4) 'Independent test' means a forensic analysis of evidence in the custody and possession of the state or any political subdivision or authority thereof conducted at the request of or on behalf of any person other than a prosecuting attorney, law enforcement officer, or other authorized agent of the state or which are ordered conducted by a court at the request of an accused. (5) 'Regional medical examiner' shall have the same meaning as set forth in Code Section 45-16-21. (6) 'Rule' or 'rules' means a rule or regulation adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'" (17) Code Section 35-3-204, relating to membership in Georgia Information Sharing and Analysis Center and availability of analysts, in subsection (a), by deleting "of public safety" following "commissioner". (18) Code Section 35-5-2, relating to board authorized to establish, operate, and maintain center and powers of board as to selection and compensation of administrator, in the introductory language of subsection (a), by replacing "Board of Public Safety" with "board" and in subsections (b) and (c), by replacing "center" with "Georgia Public Safety Training Center". (19) Code Section 35-5-3, relating to assignment to Department of Public Safety for administrative purposes and authorization to solicit and accept gifts, grants, donations, property, and services, in subsection (a), by replacing "center" with "Georgia Public Safety Training Center" and by replacing "Department of Public Safety" with "department". (20) Code Section 35-5-4, relating to powers and duties of administrator of Georgia Public Safety Training Center, by replacing "center" with "Georgia Public Safety Training Center" each time the term appears. (21) Code Section 35-5-5, relating to center available for use by certain personnel, fees, enrollment, authorization for expenditure of funds, and powers and duties, in subsections (a),

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(b), and (c), by replacing "center" with "Georgia Public Safety Training Center" each time the term appears. (22) Code Section 35-5-7, relating to law enforcement unit, in subsection (a), by replacing "center," with "Georgia Public Safety Training Center,". (23) Code Section 35-6A-3, relating to membership, vacancies, and membership not bar to holding public office, in paragraph (a)(1), by replacing "Board of Public Safety," with "board," and by replacing "the Department of Behavioral Health and Developmental Disabilities," with "behavioral health and developmental disabilities,". (24) Code Section 35-6A-4, relating to election of chairperson and vice chairperson, meetings, minutes and records, and rules, in paragraph (2), by replacing "chairman" with "chairperson" and in paragraph (3), by inserting "and" at the end. (25) Code Section 35-6A-10, relating to incentives for using federal Department of Homeland Security's Secure Communities initiative and obligations of council, in paragraphs (b)(3) and (b)(4), by replacing "Internet website;" with "internet website;". (26) Code Section 35-6A-11, relating to juvenile justice advisory board and membership, in paragraph (a)(8), by deleting "and" at the end and in subsection (d), by replacing "must" with "shall". (27) Code Section 35-6A-13, which is repealed, by designating said Code section as reserved. (28) Code Section 35-6A-14, which is repealed, by designating said Code section as reserved. (29) Code Section 35-6A-15, relating to grant program for transportation costs to emergency treatment facilities, by replacing "the Criminal Justice Coordinating Council" with "the council". (30) Code Section 35-6A-17, relating to the Georgia Motor Vehicle Crime Prevention Advisory Board, membership, and termination, in paragraph (a)(4), by replacing "Office of the Attorney General;" with "office of the Attorney General;". (31) Code Section 35-8-3, relating to the establishment of Georgia Peace Officer Standards and Training Council, membership, organization, and administrative assignment to Department of Public Safety, in paragraph (b)(1), by deleting "of public safety" following "commissioner" and in subsection (e), by replacing "the Department of Public Safety" with "the department". (32) Code Section 35-8-7.4, relating to bias motivated intimidation of first responders and prosecution and penalty, in subsection (a), by replacing the comma with a semicolon following "fire department" and by replacing the comma with a semicolon following "Code Section 35-8-2". (33) Code Section 35-8-8, relating to requirements for appointment or certification of persons as peace officers and preemployment attendance at basic training course and "employment related information" defined, in paragraph (c)(1), by replacing "For purposes of this subsection," with "As used in this subsection,".

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(34) Code Section 35-8-10, relating to applicability and effect of certification requirements generally and requirements as to exempt persons, in subsection (b), by replacing "Department of Public Safety," with "department," and by replacing "must" with "shall". (35) Code Section 35-8-13.1, relating to training and certification of municipal probation officers, in subsection (e), by replacing "The term 'municipal probation officer' as used in this Code section means" with "As used in this Code section, the term 'municipal probation officer' means", by replacing "the term 'municipal probation officer'" with "such term", and by replacing "the Georgia Peace Officer Standards and Training Council" with "the council" and in subsection (f), by replacing "the Georgia Peace Officer Standards and Training Council" with "the council". (36) Code Section 35-8-20, relating to training requirements for police chiefs, department heads, and wardens, effect of failure to fulfill training requirement, and waiver of requirements, in subsections (b) and (e), by replacing "the Georgia Peace Officer Standards and Training Council" with "the council". (37) Code Section 35-8-20.1, relating to training for police chiefs and department heads appointed after June 30, 1999, and waivers, in subsections (b) and (h), by replacing "the Georgia Peace Officer Standards and Training Council" with "the council". (38) Code Section 35-8-21, relating to training requirements for peace officers, waiver, exemption for retired peace officers, and confirmation of training, in subsection (a), by replacing "the Department of Public Safety" with "the department" and by deleting "of public safety" following "commissioner" and in subsections (b) and (e), by replacing "the Georgia Peace Officer Standards and Training Council" with "the council". (39) Code Section 35-8-23, relating to basic training course for communications officers, certification requirements, duties of council, and rules and regulations, in subsection (d), by replacing "(TDD's)" with "(TDDs)". (40) Code Section 35-8-24, relating to training requirements for jail officers and juvenile correctional officers, in paragraphs (a)(1) and (a)(2) and subsection (c), by replacing "the Georgia Peace Officer Standards and Training Council" with "the council". (41) Code Section 35-8-26, relating to TASER and electronic control weapons, requirements for use, establishment of policies, and training, in subsection (c), by replacing "the Georgia Peace Officer Standards and Training Council" with "the council". (42) The following Code sections, by replacing "Department of Public Safety" with "department" each time the term appears:
(A) Code Section 35-1-22, relating to prohibition on law enforcement retaining license plate data obtained from automated license plate recognition systems, limited use of data, and public disclosure prohibited; (B) Code Section 35-2-1, relating to creation of Board of Public Safety, composition, and appointment and terms of office of members; (C) Code Section 35-2-31, relating to composition; (D) Code Section 35-2-36.1, relating to Auxiliary Service of the Uniform Division, appointment of members, salary, authority and powers, equipment, and eligibility;

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(E) Code Section 35-2-41.1, relating to donation or conveyance of property, equipment, or services to the department and procedure; (F) Code Section 35-2-44, relating to enlistment, examination, preliminary training, subsequent instruction, and rules and regulations for discipline and conduct of recruits and troopers of Uniform Division; (G) Code Section 35-2-45, relating to promotions of personnel in Uniform Division; (H) Code Section 35-2-49.1, relating to retention of badge and weapon by disabled law enforcement officer; (I) Code Section 35-2-50, relating to purchasing of uniforms, supplies, and equipment; (J) Code Section 35-2-53, relating to members of Uniform Division to receive no costs or emoluments, exception for rewards, and payment and distribution of fines and costs; (K) Code Section 35-2-74, relating to Governor to prescribe coverage by State Personnel Board; (L) Code Section 35-2-102, relating to weight inspector positions, training, powers and responsibilities, and presence of certified peace officer; (M) Code Section 35-2-140, relating to transfer of certain personnel, aircraft, and other assets from the Georgia Aviation Authority to the department; (N) Code Section 35-2-160, relating to definitions regarding Office of Public Safety Support; (O) Code Section 35-2-161, relating to Office of Public Safety Support established; (P) Code Section 35-2-163, relating to peer counseling and critical incident support services, certification, and employment of necessary staff; (Q) Code Section 35-3-4, relating to powers and duties of bureau generally; (R) Code Section 35-4-3, relating to academy assigned to department for administrative purposes; and (S) Code Section 35-8-2, relating to definitions regarding employment and training of peace officers. (43) The following Code sections, by replacing "Georgia Bureau of Investigation" with "bureau" each time the term appears: (A) Code Section 35-3-3, relating to divisions of bureau; (B) Code Section 35-3-33, relating to powers and duties of the Georgia Crime Information Center generally; (C) Code Section 35-3-34, relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of issuing center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System; (D) Code Section 35-3-80, relating to definitions regarding the Missing Children Information Center; (E) Code Section 35-3-81, relating to establishment, development, maintenance, and operation of center and staff; (F) Code Section 35-3-84, relating to sending information to center;

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(G) Code Section 35-3-151, relating to responsibilities of the Division of Forensic Sciences of the Georgia Bureau of Investigation; (H) Code Section 35-3-152, relating to appointment, powers, and responsibilities of division director; (I) Code Section 35-3-160, relating to DNA analysis in felony convictions and certain felony charges and performance of tests; and (J) Code Section 35-3-201, relating to the Georgia Information Sharing and Analysis Center established and purpose.

SECTION 36. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended in: (1) Code Section 36-1-20, relating to ordinances for governing and policing of unincorporated areas of county, in subsection (b), by inserting a comma following "however, that" and by inserting a comma following "Clean Water Act". (2) Code Section 36-5-28, relating to members of county governing authority to receive compensation increase when classified service employees receive increase, calculation, and effective date, by replacing "however, that" with "however, that,". (3) Code Section 36-9-3, relating to sale or disposition of county real property generally, right of certain counties to make private sale, and right of county to negotiate and consummate private sales of recreational set-asides, in division (a)(2)(B)(iv), by replacing "posts:" with "posts", in subparagraph (a)(3)(D), by replacing "however, that" with "however, that,", and in subparagraph (g)(3)(B), by replacing "however," with "however, that". (4) Code Section 36-17-21, relating to allocation of funds, grant of tax credit to homesteads as prerequisite to receipt of funds, and use of surplus funds, in subsection (a), by replacing "For purposes of" with "As used in". (5) Code Section 36-32-2, relating to appointment of judges, in paragraph (a)(2), by replacing "provided such" with "provided that such". (6) Code Section 36-32-2.1, relating to removal of judges, in the introductory language of paragraph (b)(3), by replacing "alleged" with "alleges" and in subparagraph (b)(3)(D), by deleting "of subsection (c)". (7) Code Section 36-32-13, relating to municipal court clerks and role of Municipal Courts Training Council, in the introductory language of subsection (a), by replacing "For purposes of" with "As used in". (8) Code Section 36-34-5, relating to acquisition and construction of water and sewage systems, in subsection (b), by replacing "subsection (c)" with "subsection (d)". (9) Code Section 36-36-4, relating to creation of unincorporated islands prohibited and authorization to provide services or functions, in subsection (b), by replacing "For purposes of this subsection, 'unincorporated island' shall have the same meaning as contained in paragraph (3) of Code Section 36-36-90." with "As used in this subsection, the term 'unincorporated island' shall have the same meaning as set forth in Code Section 36-36-90.".

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(10) Code Section 36-36-11, relating to effect of objection to land use following rezoning and minimum procedures for addressing issues, in subsection (a), by replacing "however, that" with "however, that,". (11) Code Section 36-36-16, relating to procedures for annexation and referendum, in subsection (b), by replacing "however, that" with "however, that,". (12) Code Section 36-36-112, relating to prohibition on a change in zoning or land use, by replacing "however, that" with "however, that,". (13) Code Section 36-36-115, relating to meetings of arbitration panel, duties, findings and recommendations, and compensation, in paragraph (a)(4), by replacing "however, that" with "however, that,". (14) Code Section 36-37-6, relating to disposition of municipal property generally, in division (a)(2)(B)(iv), by replacing "posts:" with "posts" and in subsection (c), by replacing "however, that" with "however, that,". (15) Code Section 36-41-3, relating to definitions regarding urban residential finance authorities for large municipalities, in paragraph (14), by replacing "The term 'real property'" with "Such term", in paragraph (16), by replacing "however, that" with "however, that," and by replacing "The term 'residential housing'" with "Such term", and in paragraph (17), by replacing "The term 'security interest'" with "Such term". (16) Code Section 36-45-20, relating to training course regarding clerk of the governing authority of a municipality, in subsection (a), by replacing "For purposes of" with "As used in". (17) Code Section 36-60-6, relating to utilization of federal work authorization program, "employee" defined, issuance of license, evidence of state licensure, annual reporting, standardized form affidavit, violation, and investigations, in subsection (b), by replacing "For purposes of" with "As used in". (18) Code Section 36-60-15.1, relating to operation and maintenance of water treatment systems by private entities, by replacing "For purposes of this Code section, 'applicant' means" with "As used in this Code section, the term 'applicant' means". (19) Code Section 36-60-17, relating to water supplier's cut off of water to property because of indebtedness of prior owner, occupant, or lessee prohibited, records required, statement of past due amounts, and limited liens for unpaid charges for water, gas, sewerage service, or electricity, in subparagraph (c)(1)(D), by replacing "e-mail" with "email". (20) Code Section 36-60-19, relating to dispatch centers, required training for communications officers, exceptions, and penalty for noncompliance, in subsection (a), by replacing "(TDD's)" with "(TDDs)" each time the term appears. (21) Code Section 36-60-21, relating to contracts with private companies to construct and operate private toll roads and bridges to facilitate public transportation without additional tax revenues, in subsection (d), by replacing "however, that" with "however, that,". (22) Code Section 36-60-24, relating to sale or use or ignition of consumer fireworks products, in subsection (f), by replacing "For purposes of this subsection," with "As used in this Code section," and by replacing "provided" with "set forth".

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(23) Code Section 36-63-2, relating to purpose of chapter regarding resource recovery development authorities, in subsection (b), by replacing "however," with "however, that". (24) Code Section 36-63-4, relating to definitions regarding resource recovery development authorities, in paragraph (10), by replacing "For purposes of" with "As used in". (25) Code Section 36-63-8, relating to powers of authority generally, in paragraph (a)(6), by replacing "however," with "however, that". (26) Code Section 36-66-3, relating to definitions regarding zoning procedures, in paragraph (1.1), by replacing "powers including" with "powers, including" and in paragraph (5), by replacing "The term" with "Such term". (27) Code Section 36-66-4, relating to hearings on proposed zoning decisions, notice of hearing, nongovernmental initiated actions, reconsideration of defeated actions, and procedure on zoning, in subsection (a), by replacing "this Code Section." with "this Code section.". (28) Code Section 36-66C-7, relating to requirements of authority following receipt of application, notification of time lapse, consolidated application, limitation on installation locations and permits, reconditioning work, time restrictions, imminent risk to public safety, repair of damage, and delivery of notice or decision, in paragraph (j)(8), by replacing "Title 36" with "this title" and in paragraph (m)(4), by replacing "120 days written notice" with "120 days' written notice". (29) Code Section 36-70-2, relating to definitions regarding coordinated and comprehensive planning and service delivery by counties and municipalities, in paragraph (4), by deleting "of the State of Georgia created pursuant to Article 1 of Chapter 8 of Title 50" and in paragraph (5.2), by replacing "The term" with "Such term". (30) Code Section 36-70-21, as effective on January 1, 2026, relating to implementation agreements, in paragraph (a)(1), by replacing "December 31st" with "December 31". (31) Code Section 36-70-22, as effective on January 1, 2026, relating to date for process initiation and notice to municipalities and counties impacted, in paragraph (a)(1), by replacing "April 1st" with "April 1" and by replacing "July 1st" with "July 1". (32) Code Section 36-70-22.1, as effective on January 1, 2026, relating to response proposals, in subsection (a), by deleting ", and" following "Code Section 36-70-23" and by replacing "all such factual" with "all factual". (33) Code Section 36-70-25.2, as effective on January 1, 2026, relating to nonbinding arbitration process, in paragraph (b)(1), by replacing "the 180th day" with "180 days". (34) Code Section 36-70-25.3, as effective on January 1, 2026, relating to judicial resolution of certain disputes, in paragraphs (a)(1) and (a)(2) and subsection (b), by replacing "non-binding" with "nonbinding". (35) Code Section 36-72-2, relating to definitions regarding abandoned cemeteries and burial grounds, in paragraph (3), by replacing "The term" with "Such term". (36) Code Section 36-76-2, relating to definitions regarding expedited franchising of cable and video services, in subparagraph (8)(A), by replacing "however, that" with "however,

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that,", in subparagraph (8)(E), by replacing "Internet" with "internet" each time the term appears, and in paragraph (17), by replacing "This term" with "Such term". (37) Code Section 36-76-4, relating to application process for the issuance of a state franchise and fees, in paragraph (c)(2), by replacing "geographical area" with "geographic area" and in paragraph (g)(8), by replacing "however, that" with "however, that,". (38) Code Section 36-80-16.1, relating to the PILOT Restriction Act, payments in lieu of taxes defined, and financing capital projects, in the undesignated text at the end of subsection (b), by replacing "The term 'payments in lieu of taxes'" with "Such term". (39) Code Section 36-80-17, relating to authorization to contract for utility services and conditions and limitations, in subsection (a), by replacing "the term 'local authority' does" with "such term does". (40) Code Section 36-80-19, relating to general codification of ordinances and resolutions, publication and availability of code, and official state repository for general codifications, in paragraph (d)(1), by replacing "Internet" with "internet". (41) Code Section 36-80-25, relating to financing of public projects by local entities, in subsection (a), by replacing "health care" with "healthcare". (42) Code Section 36-80-26, relating to multi-county community improvement districts for transit projects, in the introductory language of subsection (a), by replacing "For purposes of" with "As used in" and in subsection (b), by replacing "multi-county" with "multicounty". (43) Code Section 36-81-2, relating to definitions regarding local government budgets and audits, in paragraph (7), by replacing "For purposes of" with "As used in" and in paragraph (16), by replacing "For purposes of this paragraph, 'county' includes" with "As used in this paragraph, the term 'county' includes". (44) Code Section 36-82-1, relating to election for bonded debt, right to sell bonds at discount, advertisements as binding statements of intention, use of surpluses, meetings open to public, and refunding, in subsection (f), by replacing "however," with "however, that". (45) Code Section 36-82-60, relating to short title regarding revenue bonds, by inserting "shall be known and" preceding "may be cited". (46) Code Section 36-82-75, relating to duty of district attorney or Attorney General to file petition, order to show cause, service of petition and order, and answer, by replacing "however," with "however, that". (47) Code Section 36-82-182, relating to definitions regarding the "Georgia Allocation System," in paragraph (3), by replacing "For purposes of this article, the term 'bonds'" with "Such term" and in paragraph (5), by replacing "The term 'business day'" with "Such term". (48) Code Section 36-82-240, relating to definitions regarding commercial paper notes from government, in paragraph (2), by replacing "The term 'governmental entity' does not include 'state authorities' as defined in paragraph (9) of Code Section 50-17-21." with "Such term does not include state authorities as defined in Code Section 50-17-21.". (49) Code Section 36-85-2, relating to formation, functions, counties and municipalities as separate classes, agreements creating agencies, and files of administrator are sole property of agency, in subsection (b), by replacing "however," with "however, that,".

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(50) Code Section 36-91-20, relating to written contract required, advertising, competitive sealed bidding, timing of addendums, and prequalification, in paragraph (b)(3), by replacing "Internet" with "internet" each time the term appears. (51) Code Section 36-91-21, relating to competitive award requirements, in paragraph (b)(4), by replacing "however, that" with "however, that,". (52) Code Section 36-91-50, relating to projects requiring bid bonds, revocation of bids, and surety, in subsection (c), by replacing "however, that" with "however, that,".

SECTION 37. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended in: (1) Code Section 37-2-6.5, relating to cessation of operations by community service board, notification, and continuation of operations by successor board, county board of health, or outside manager, in paragraph (b)(2), by deleting "paragraph (1) of". (2) Code Section 37-2-11, relating to allocation of available funds for services, recipients to meet minimum standards, accounting for fees generated by providers, and discrimination in providing services prohibited, in subsection (b), by replacing "Code Section 37-3-6.1," with "Code Section 37-2-6.1,". (3) Code Section 37-7-167, relating to right of patient to examine his records and to request correction of inaccuracies, promulgation of rules and regulations, and judicial supervision of files and records relating to proceedings under this chapter, in subsection (d), by inserting "of subsection (a)" following "paragraphs (7) and (8)".

Reserved.

SECTION 38.

Reserved.

SECTION 39.

SECTION 40. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in: (1) Code Section 40-1-221, relating to assumption of liability and insurance, in paragraph (c)(4), by replacing "car sharing" with "car-sharing" and in subsection (f), by replacing "car-sharing"with "peer-to-peer car-sharing". (2) Code Section 40-2-20, relating to registration and license requirements, certificate of registration and temporary operating permit, and two-year registration option for new motor vehicles, in subsection (d), by inserting a comma following "taxes". (3) Code Section 40-5-100, relating to application, contents of card, prohibition on possession of more than one card, and optional contributions to and participation in voluntary programs, in paragraph (f)(2), by replacing "a identification card" with "an identification card".

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(4) Code Section 40-14-18, relating to enforcement of speed limit in school zones with recorded images, civil monetary penalty, and consequences for failure to pay penalty, in the introductory language of subsection (h), by inserting "of this Code section" following "subsection (g)". (5) Code Section 40-16-8, which is reserved, by designating said Code section as repealed.

Reserved.

SECTION 41.

SECTION 42. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended in: (1) Code Section 42-1-12, relating to the State Sexual Offender Registry, in paragraph (a)(6.1), by replacing "paragraph (2)" with "paragraph (3)". (2) Code Section 42-5-64, relating to educational programming and information provided to released prisoners, in subsection (f), by replacing "a personal identification card" with "an identification card".

SECTION 43. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in: (1) Code Section 43-1-34, relating to licenses for transitioning members of the armed forces, in the introductory language of paragraph (d)(1), by replacing "described herein," with "set forth in this Code section,". (2) Code Section 43-1-35, relating to expedited license by endorsement for spouses of active or transitioning members of the armed forces and license by endorsement for certain professions, in the introductory language of subsection (c), by replacing "or a law" with "or law" and by replacing "individual has:" with "individual:". (3) Code Section 43-6-11, relating to qualifications of applicants for auctioneer's license, in subsection (d), by inserting "diploma" following "(HSE)". (4) Code Section 43-11-2.1, relating to board authority, appointment, powers, and duties of executive director and meetings, in subsection (b), by replacing "Chapter 1 of Title 43" with "Chapter 1 of this title". (5) Code Section 43-15-2, relating to definitions regarding professional engineers and land surveyors, in paragraph (5.1), by replacing "'Executive Director'" with "'Executive director'". (6) Code Section 43-24A-19, relating to exceptions regarding the "Georgia Massage Therapy Practice Act," in paragraph (a)(1), by replacing "Title 43" with "this title". (7) Code Section 43-26-10, relating to practicing without a license prohibited, in paragraph (4), by replacing "so to practice" with "to practice".

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(8) Code Section 43-27-2, relating to State Board of Long-Term Care Facility Administrators and members, in the introductory language of subsection (a), by replacing "eleven" with "11". (9) Code Section 43-28-21, relating to text of the Occupational Therapy Licensure Compact, in Section 2A, by replacing "10 U.S.C. Chapter 1209 and Section 1211" with "10 U.S.C. Chapters 1209 and 1211". (10) Code Section 43-33-18, relating to refusal to grant or restore licenses, discipline of licensees, suspension, revocation, or restriction of licenses, and immunity for violation reporters, in the introductory language of subparagraph (a)(2)(A), division (a)(2)(A)(i), and subparagraph (a)(2)(E), by replacing "Title 43" with "this title" each time the term appears. (11) Code Section 43-33-31, relating to ratification and text of the Physical Therapy Licensure Compact, in Section 2(1), by replacing "10 U.S.C. Section 1209 and 1211" with "10 U.S.C. Chapters 1209 and 1211". (12) Code Section 43-34-25, relating to delegation of certain medical acts to advanced practice registered nurse, construction and limitations of such delegation, conditions of nurse protocol, and issuance of prescription drug orders, in paragraph (g)(10), by replacing "and who" with "who", in paragraph (g.1)(2), by deleting the comma following "body", and in subparagraph (m)(2)(C), by deleting "that". (13) Code Section 43-34-103, relating to application for licensure as a physician assistant, authorized delegated authority, and prohibited acts, in paragraph (c)(4), by deleting "that". (14) Code Section 43-34-290, relating to confidentiality of records regarding pain management clinics, by replacing "Chapter 34 of Title 43" with "this chapter". (15) Code Section 43-41-8, relating to eligibility for licensure without examination, reciprocity, and burden upon applicant, in paragraph (a)(2), by replacing "their" with "his or her". (16) Code Section 43-41-18, relating to certain military specialties or certifications entitle persons to obtain certain professional licenses, in subsections (b) and (c), by replacing "residential light-commercial" with "residential-light commercial" each time the phrase appears. (17) Chapters 42 and 48, which are repealed, by designating said chapters as reserved. (18) Code Section 43-44-31, relating to text of the Audiology and Speech-Language Pathology Interstate Compact, in Section 2(1), by replacing "10 U.S.C. Section 1209 and 1211" with "10 U.S.C. Chapters 1209 and 1211". (19) Code Section 43-50-44, relating to exemptions from article regarding licensing of veterinarians and veterinary technicians, in paragraph (19), by replacing "laws;" with "laws; or".

SECTION 44. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in: (1) Code Section 44-2-39, relating to adoption of rules and regulations and standardization, in paragraph (b)(1), by replacing "personal identification card" with "identification card".

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(2) Code Section 44-3-106, relating to powers and responsibilities of condominium associations and tort actions, in paragraph (a)(4), by replacing "complied with or" with "complied with; or". (3) Code Section 44-3-230, relating to frequency of meetings and notice regarding property owners' associations, in subsection (b), by replacing "may called" with "may be called". (4) Code Section 44-3-231, relating to powers and duties of property owners' associations and legal actions against agent or employee of association, in paragraph (a)(4), by replacing "compiled with or" with "complied with; or". (5) Code Section 44-5-60, relating to effect of zoning laws, covenants and scenic easements for use of public, renewal of certain covenants, and costs, in subsection (b), by replacing "provided, however, that" with "provided, however, that," and in paragraph (d)(6), by replacing "15 individuals plots" with "15 individual plots". (6) Code Section 44-7-55, relating to judgment, writ of possession, landlord's liability for wrongful conduct, distribution of funds paid into court, and personal property, by revising subsection (e) as follows:
"(e) Nothing in this Code section shall require a sheriff, constable, or marshal to execute a writ of possession within 30 days from the issuance of any order granting a writ of possession, or the issuance, application, or request for the execution of the writ of possession; provided, however, that, in the event the sheriff, deputy sheriff, constable, or marshal is unable to execute the writ within 14 days from the landlord's application or request for such execution, the landlord shall be entitled to utilize the services of an off-duty sheriff, deputy sheriff, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council having authority within the jurisdiction wherein the premises lie to execute such writ at the landlord's sole cost and expense. The sheriff, deputy sheriff, constable, or marshal shall maintain a list of authorized off-duty sheriffs, deputy sheriffs, constables, marshals, and other individuals certified by the Georgia Peace Officer Standards and Training Council and make the same available upon request by the landlord. The sheriff, deputy sheriff, constable, or marshal shall maintain administrative authority over any persons executing writs under this subsection. The landlord shall provide written notice to the sheriff, deputy sheriff, constable, or marshal of the date and time of the execution of the writ by such off-duty sheriff, deputy sheriff, constable, marshal, or other individual certified by the Georgia Peace Officer Standards and Training Council at least five calendar days in advance of such execution in order to permit the sheriff, deputy sheriff, constable, or marshal to note the same within his or her own records." (7) Code Section 44-11-30, relating to manner of ejecting intruders, affidavit, ejection by sheriff and other peace officers, and counteraffidavit, by replacing "sheriff deputy," with "deputy sheriff," each time the term appears. (8) Code Section 43-11-31, relating to sheriff and other peace officers competent to administer oath to person in possession, by replacing "sheriff deputy," with "deputy sheriff,".

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(9) Code Section 44-11-32, relating to procedure on submission of counteraffidavit, trial, nonmeritorious submission, and appeal, by deleting the subsection (a) designation and in paragraphs (1) and (2), by replacing "sheriff deputy," with "deputy sheriff," each time the term appears. (10) Code Section 44-11-33, relating to issuance of writ of possession, fi. fa. for costs, and presentation to law enforcement, by replacing "44-11-32, finds" with "44-11-32 finds". (11) Code Section 44-12-231, relating to enforcement of article regarding disposition of unclaimed property and properties not paid over on a timely basis, in subsection (b), by replacing "48-3-1" with "48-3-3".

SECTION 45. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended in: (1) Code Section 45-9-81, relating to definitions regarding the Georgia State Indemnification Fund, in paragraph (1), by repealing and reserving said paragraph. (2) Code Section 45-17-8, relating to powers and duties generally of notaries public, in subsection (e), by replacing "personal identification card" with "identification card". (3) Code Section 45-19-44, relating to unlawful practices punishable by civil fine, at the end of the introductory language of paragraph (a)(5), by replacing the semicolon with a colon.

SECTION 46. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended in: (1) Code Section 46-2-8, relating to payment of salaries and expenses by commission, appropriations for salaries and expenses, and designation of Public Service Commission Fund, by replacing "for Commissioners," with "for the Commissioners,". (2) Code Section 46-2-23.1, relating to "alternative form of regulation" defined, filing, notice, approval, and release of interstate pipeline capacity, in subparagraph (i)(1)(C), by replacing "that if" with "that, if". (3) Code Section 46-2-26.3, relating to recovery of costs of conversion from oil-burning to coal-burning generating facility, filing of request, public hearing, determination of rate, and adjustments, in subsection (a), by replacing "Public Service Commission" with "commission" and by revising subsection (b) as follows:
"(b) As used in this Code section, the term: (1) 'Coal' means coal used as a primary energy source. (2)(A) 'Cost of conversion' means costs as determined by the commission to be reasonable and necessary for the conversion of an oil-burning electric generating facility to the burning of coal. Such costs shall include, but not be limited to, engineering, administrative, and legal costs; the cost of environmental studies and control equipment, coal-handling and storage equipment, including rail facilities, equipment and facilities necessary to permit the combustion of coal; the cost of

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retrofitting or refurbishing boilers to permit the combustion of coal; the cost of on-site and off-site facilities for handling, storing, and disposing of wastes resulting from the combustion of coal; and the cost of all other facilities reasonable and necessary to allow the conversion of an oil-burning electric generating facility to burn coal. Such costs shall also include the reasonable cost of capital for such conversion and for carrying the cost of such conversion until such costs are recovered as provided in this Code section. In no case shall such term include any costs incurred pursuant to an expansion of an electric generating facility's generating capacity above the generating capacity of said facility that existed prior to the conversion from oil to coal. (B) Such term shall not include the amount financed by the company through tax-exempt pollution control bonds, if any, of any portion of the project certified by the Environmental Protection Division of the Department of Natural Resources, or other agency vested with similar authority, to be a pollution control facility and therefore eligible for financing under Section 103 of the Internal Revenue Code and the regulations thereunder or other similar law or regulation now or hereafter adopted. (3) 'Fuel cost savings' means the amount of fuel savings to be obtained by operating the facility converted from oil to coal-fired operation during the facility's first full 12 months of operation using coal as its primary fuel as compared to the operation of such facility on oil, had it been so operated, during the same 12 month period. (4) 'Utility' means any retail supplier of electricity subject to the rate-making jurisdiction of the commission." (4) Code Section 46-2-26.5, relating to gas supply plans and adjustment factors, filings and hearing procedures, and recovery of purchase gas cost, by deleting paragraph (a)(2) and redesignating paragraphs (a)(3) through (a)(8) as paragraphs (a)(2) through (a)(7), respectively. (5) Code Section 46-2-28, relating to procedure for issuance of stocks, bonds, notes, or other debt by companies under commission's jurisdiction and exemptions, in the introductory language of subsection (g), by deleting "paragraph (10) of". (6) Code Section 46-3-1, relating to the short title regarding allocation of territorial rights to electric suppliers, by inserting "and may be cited" following "known". (7) Code Section 46-3-3, relating to definitions regarding allocation of territorial rights to electric suppliers, in paragraph (2), by replacing "has the meaning provided by paragraph (3) of" with "shall have the same meaning as set forth in". (8) Code Section 46-3-4, relating to assignment or declaration as unassigned areas-B of geographic areas outside municipal limits as of March 29, 1973, in paragraph (3), by replacing "provided that if" with "provided that, if" and by replacing "however, that" with "however, that,". (9) Code Section 46-3-7, relating to assignment and unassignment of geographic areas annexed to municipalities after March 29, 1973, in subparagraphs (2)(A) and (2)(D), by replacing "provided that" with "provided that,".

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(10) Code Section 46-3-32, relating to definitions regarding high-voltage safety, in paragraph (3), by replacing "this term" with "such term". (11) Code Section 46-3-33, relating to required conditions for commencing work within ten feet of high-voltage line, in the introductory language, by deleting "as defined in paragraph (6) of Code Section 46-3-32". (12) Code Section 46-3-52, relating to jurisdiction of commission over cogeneration facility the energy from which is used solely by operator, by deleting paragraph (3) and redesignating paragraphs (4) through (12) as paragraphs (3) through (11), respectively. (13) Code Section 46-3-62, relating to definitions regarding solar power free-market financing, in paragraph (5), by replacing "has the same meaning as provided in paragraph (3) of" with "shall have the same meaning as set forth in" and in paragraph (9), by replacing "has the same meaning as provided in paragraph (6) of" with "shall have the same meaning as set forth in". (14) Code Section 46-3-66, relating to construction and applicability, in subsections (d) and (e), by replacing "the effective date of this part" with "July 1, 2015,". (15) Code Section 46-3-115, relating terms of authority members generally and time of meeting of election committee prior to annual meeting of authority, by replacing "provided that" with "provided that,". (16) Code Section 46-3-120, relating to quorum of authority, action by majority vote, and adjournment of meetings at which less than a majority is present, by replacing "provided that" with "provided that,". (17) Code Section 46-3-170, relating to short title regarding general provisions relative to electric membership corporations and foreign electric cooperatives, by replacing "article may" with "article shall be known and may". (18) Code Section 46-3-263, relating to notice of members' meetings, in subsection (a), by replacing "however, that" with "however, that,". (19) Code Section 46-3-322, relating to filing articles of incorporation, issuance of certificate of incorporation, forwarding of copy of certificate to clerk of superior court, rejection of articles of incorporation, publication of notice, and commencement of corporate existence, in paragraph (e)(1), by inserting quotation marks at the beginning and end of the form, and by revising paragraph (c)(4) as follows:
"(4) A letter addressed to the publisher of a newspaper which is the official organ of the county where the initial registered office of the electric membership corporation is to be located or which is a newspaper of general circulation published within that county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation. This letter shall contain a notice to be published four times in the newspaper and shall be in substantially the following form:
'_______________________________________ _______________________________________ _______________________________________ (name and address of the newspaper designated

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by the incorporator or incorporators or representative thereof)

1065

Dear Sirs: You are requested to publish, four times, a notice in the following form:
"_____________________ (name of electric membership corporation) has been duly incorporated on _____________________ (month, day, and year to be inserted by the Secretary of State), by the issuance of a certificate of incorporation by the Secretary of State in accordance with the applicable provisions of Article 4 of Chapter 3 of Title 46, the 'Georgia Electric Membership Corporation Act.' The initial registered office of the electric membership corporation is located at _____________________ (address of registered office) and its initial registered agent at such address is ______________________ (name of agent)." Enclosed is a (check, draft, or money order) in the amount of $60.00 in payment of the costs of publishing this notice.

Very truly yours,

____________________________________ ____________________________________ ____________________________________
(Name and address of incorporator or incorporators or representative thereof)'" (20) Code Section 46-3-363, relating to obtaining of certificate from Secretary of State upon amendment of name of electric membership corporation, filing articles of amendment, issuance of certificate of amendment, forwarding of copy of certificate to superior court, rejection of articles of amendment, and publication of notice, by revising paragraph (c)(4) as follows: "(4) A letter addressed to the publisher of a newspaper which is the official organ of the county where the registered office of the electric membership corporation is located or which is a newspaper of general circulation published within that county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation. This letter shall contain a notice to be published four times in the newspaper and shall be in substantially the following form: '_______________________________ _______________________________ _______________________________ (Name and address of the newspaper designated by the electric membership corporation)

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Dear Sirs: You are requested to publish, four times, a notice in the following form:
"The Articles of Incorporation of ______________________ (name of electric membership corporation) have been duly amended on ______________, ____ (month, day, and year to be inserted by the Secretary of State), by the issuance of a certificate of amendment by the Secretary of State, in accordance with the applicable provisions of Article 4 of Chapter 3 of Title 46, the 'Georgia Electric Membership Corporation Act.'" Enclosed is a (check, draft, or money order) in the amount of $60.00 in payment of the cost of publishing this notice.
Very truly yours,

___________________________ ___________________________ ___________________________ (Name and address of the electric
membership corporation or its representative)'"
(21) Code Section 46-3-383, relating to contents of articles of merger or articles of consolidation, obtaining of certificate from Secretary of State upon use of new name, and procedures involving filing, issuance, rejection, and publication of articles of merger or articles of consolidation, by revising paragraph (d)(4) as follows:
"(4) A letter addressed to the publisher of a newspaper which is the official organ of the county where the registered office of the surviving or new electric membership corporation is to be located or which is a newspaper of general circulation published within that county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation. This letter shall contain a notice to be published four times in the newspaper and shall be in substantially the following form:
'_______________________________________ _______________________________________ _______________________________________ (name and address of the newspaper designated
by the merging or consolidating electric membership corporations)

Dear Sirs: You are requested to publish, four times, a notice in the following form:
"A (merger) (consolidation) (has been) (will be) effected by and between _______________________ (name and state of incorporation of each of the constituent electric membership corporations) on _______________________

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(month, day, and year to be inserted by the Secretary of State) by the issuance of a certificate of (merger) (consolidation) by the Secretary of State, in accordance with the applicable provisions of Article 4 of Chapter 3 of Title 46, the 'Georgia Electric Membership Corporation Act.' The name of the (surviving electric membership corporation in the merger) (new electric membership corporation resulting from the consolidation) (is) (will be) _______________________ (set forth the name and state of incorporation of the surviving electric membership corporation or new electric membership corporation, as the case may be), the registered office of which (is) (will be) located at _______________________ (address of registered office)." Enclosed is a (check, draft, or money order) in the amount of $60.00 in payment of the cost of publishing this notice.
Very truly yours,

____________________________ ____________________________ ____________________________
(Name and address of merging or consolidating electric membership corporations or their representative)'"
(22) Code Section 46-3-423, relating to procedure after filing statement of intent to dissolve, by revising subsection (a) as follows:
"(a) The electric membership corporation shall immediately cause notice of its intent to dissolve to be published in a newspaper which is the official organ of the county where the registered office of the electric membership corporation is located or which is a newspaper of general circulation published within that county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation. This notice shall be published four times in the newspaper and shall be in substantially the following form:
'A Statement of Intent to Dissolve _____________________ (name of electric membership corporation), a Georgia electric membership corporation with registered office at _____________________ (address of registered office), has been delivered to the Secretary of State by said electric membership corporation and filed by him on ______________, ____ (month, day, and year), in accordance with the applicable provisions of Article 4 of Chapter 3 of Title 46, the "Georgia Electric Membership Corporation Act."'" (23) Code Section 46-3-468, relating to application for reinstatement of certificate of authority, by revising subsection (c) as follows: "(c) The application for reinstatement shall be in substantially the following form:
'Application for Reinstatement of Certificate of Authority

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To: The Secretary of State Atlanta, Georgia

Pursuant to the provisions of Code Section 46-3-468, the undersigned foreign electric cooperative hereby applies for a certificate of reinstatement of a foreign electric cooperative and, for that purpose, submits the following:
First: The name of the foreign electric cooperative at the date of the certificate of revocation was _______________________. Second: The new name by which the foreign electric cooperative will hereafter be known is _______________________. Third: The certificate of authority to transact business in the State of Georgia was revoked on ______________ for failure to follow the requirements stated in Code Section 46-3-466. Fourth: The address, including street and number, of its registered office in Georgia is _______________________; and the name of its registered agent in Georgia at that address is _______________________. Fifth: The application is accompanied by all delinquent reports together with the filing fees and penalties required by Article 4 of Chapter 3 of Title 46, the "Georgia Electric Membership Corporation Act."

Date ______________, ____. __________________________ (President or vice-president) __________________________ (Secretary or assistant secretary)'"
(24) Code Section 46-3-480, relating to requirement of annual reports by electric membership corporation and foreign electric cooperative, in subsection (b), by replacing "however," with "provided, however, that". (25) Code Section 46-3A-1, relating to definitions regarding integrated resource planning, in the introductory language, by replacing "chapter:" with "chapter, the term:" and by deleting paragraph (2) and redesignating paragraphs (3) through (9) as paragraphs (2) through (8), respectively. (26) Code Section 46-3A-3, relating to actions prohibited without a certificate of public convenience and necessity, in the undesignated text at the end of subsection (b), by replacing "however," with "however, that". (27) Code Section 46-3A-10, relating to effect on rates of changed revenues and risks and basis and effect of commission decision, by replacing "however," with "however, that". (28) Code Section 46-4-85, relating to authority members and terms of office, by replacing "provided that" with "provided that,". (29) Code Section 46-4-90, relating to quorum and majority vote, by replacing "provided that" with "provided that,".

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(30) Code Section 46-4-152, relating to definitions regarding natural gas competition and deregulation, in paragraph (5), by replacing "The term control" with "Such term" and in paragraph (10.1), by replacing "defined" with "described". (31) Code Section 46-4-154, relating to notice of election, unbundling, rates, application requirements, and surcharge on interruptibles, in subsection (e), by replacing "medicare" with "Medicare" and by replacing "writeoffs" with "write-offs". (32) Code Section 46-4-158.2, relating to rules governing marketer's terms of service, in paragraph (8), by replacing "however, that" with "however, that,". (33) Code Section 46-4-159, relating to standards of conduct for electing distribution companies and response to complaints, in paragraph (a)(1), by replacing "The term control" with "Such term", in subparagraph (a)(3)(B), by replacing "the term marketer" with "such term", and in paragraph (b)(9), by replacing "however," with "provided, however, that". (34) Code Section 46-4-160, relating to commission's authority over certificated marketers, access to records, investigations and hearings, price summary, billing, violations, and slamming, in subsection (j), by replacing "phrase" with "term". (35) Code Section 46-5-1, relating to exercise of power of eminent domain by telephone companies, placement of posts and other fixtures, regulation of construction of fixtures, posts, and wires near railroad tracks, liability of telephone companies for damages, required information, and due compensation, in subparagraph (b)(1)(B) and paragraph (b)(7), by replacing "Georgia Public Service Commission" with "commission", in the introductory language of paragraph (b)(9), by replacing "Code section," with "Code section, the term", in paragraph (b)(12), by replacing "As used in this Code section," with "As used in this Code section, the term" and by replacing "however, that if" with "however, that, if", in paragraph (b)(13), by replacing "ten percent" with "10 percent", and in subparagraph (b)(19)(A), by replacing "however, that" with "however, that,". (36) Code Section 46-5-2, relating to avoiding or attempting to avoid charges for use of telecommunication service, penalties, and computation of damages, in paragraph (b)(1), by replacing "however, that" with "however, that,". (37) Code Section 46-5-3, relating to making, possessing, selling, allowing use of, or publishing assembly plans for devices, equipment, or apparatus for committing theft of telecommunications service, or for concealing origin or destination of any telecommunication and compensatory damages, in paragraph (a)(3), by replacing "The term" with "Such term" and in paragraph (c)(1), by replacing "however, that" with "however, that,". (38) Code Section 46-5-5, relating to inclusion of local exchanges 495 and 567 in area code 404, by replacing "however, that" with "however, that,". (39) Code Section 46-5-26, relating to access to live telephone operator, in subsection (a), by replacing "For the purpose of this Code section," with "As used in this Code section, the term" and by replacing "dials '0'." with "dials '0.'" (40) Code Section 46-5-27, relating to telephone solicitation calls and do not call database, in subparagraph (b)(3)(B), by deleting "or" at the end and in subsection (n), by replacing "voice over internet protocol" with "Voice over Internet Protocol".

1070

GENERAL ACTS AND RESOLUTIONS, VOL. I

(41) Code Section 46-5-28, relating to consent required for inclusion of subscribers' names or dialing numbers in a wireless telephone data base or a traditional telephone directory, exceptions, disclosure of wireless numbers to telemarketers prohibited, violations, and immunity of service suppliers for authorized disclosures, in paragraph (a)(3), by replacing "The term" with "Such term". (42) Code Section 46-5-30, relating to establishment, administration, and operation of state-wide dual party relay service and audible universal information access service, in subsection (c), by replacing "basis; however," with "basis; provided, however, that". (43) Code Section 46-5-60, relating to short title regarding rural telephone cooperatives, by replacing "part may" with "part shall be known and may". (44) Code Section 46-5-62, relating to definitions regarding rural telephone cooperatives, in paragraph (5), by replacing "This term" with "Such term". (45) Code Section 46-5-63, relating to powers of cooperatives generally, in paragraph (4.1), by replacing "however, that" with "however, that,". (46) Code Section 46-5-75, relating to certificate of Secretary of State, by inserting quotation marks at the beginning and end of the form. (47) Code Section 46-5-93, relating to pledging or encumbering of property, assets, rights, and privileges of cooperative by board of directors to secure indebtedness to federal government, tax exemption for mortgages and deeds of trust, and sale, pledge, or encumbrance of property, in subsection (b), by replacing "provided that" with "provided that,". (48) Code Section 46-5-122, relating to definitions regarding emergency telephone number 9-1-1 system, in paragraph (5), by replacing "The term 'emergency 9-1-1 system'" with "Such term", in paragraph (7), by replacing "Georgia Public Service Commission" with "commission" and by replacing "The term 'exchange access facility'" with "Such term", in the undesignated text at the end of paragraph (12.1), by replacing "Internet" with "internet", in paragraph (17.1), by replacing "over the Internet" with "over the internet" and by replacing "Internet protocol" with "Internet Protocol", and in paragraph (19), by replacing "The term" with "Such term" each time the phrase appears. (49) Code Section 46-5-134.2, relating to prepaid wireless 9-1-1 charge, definitions, imposition of fee by localities, collection and remission of charges, and distribution of funds, in paragraph (g)(3), by replacing "For purposes of" with "As used in". (50) Code Section 46-5-162, relating to definitions regarding telecommunications and competition development, in the introductory language of paragraph (10), by replacing "For purposes of this article, there" with "There" and in paragraph (18), by replacing "For purposes of illustration, the term 'telecommunications services'" with "Such term". (51) Code Section 46-5-163, relating to certificates of authority, in subsection (f), by replacing "however, that" with "however, that,". (52) Code Section 46-5-165, relating to alternative regulation of rates, terms, and conditions, in subsection (a), by replacing "however, that" with "however, that,".

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(53) Code Section 46-5-167, relating to Universal Access Fund, in paragraph (d)(1), by replacing "For purposes of" with "As used in" and in subsection (g), by replacing "Public Service Commission" with "commission". (54) Code Section 46-5-181, relating to definitions regarding the "Telecommunications Marketing Act of 1998," by revising said Code section as follows:
"46-5-181. As used in this article, the term:
(1) 'Local exchange carrier' shall have the same meaning as the term 'local exchange company.' (2) 'Local exchange company' shall have the same meaning as set forth in Code Section 46-5-162. (3) 'Long distance service' includes interexchange inter-LATA telecommunications service and interexchange intra-LATA telecommunications service. (4) 'Telecommunications company' shall have the same meaning as set forth in Code Section 46-5-162. (5) 'Telecommunications services' shall have the same meaning as set forth in Code Section 46-5-162." (55) Code Section 46-5-221, relating to definitions regarding competitive emerging communications technologies, in subparagraph (1)(A), by replacing "Internet;" with "internet;", in the undesignated text at the end of paragraph (1), by replacing "For the purposes of this article, broadband service" with "Such term", and in paragraph (2), by replacing "Internet protocol" with "internet protocol". (56) Code Section 46-8-20, relating to exclusive power of commission to determine just and reasonable rates and charges, establishing rates and tariffs generally, and locating of depots and construction of freight and passenger buildings, in paragraph (b)(4), by replacing "provided that" with "provided that,". (57) Code Section 46-8-42, relating to certificate of incorporation, duration of corporate existence, and fee for issuance of certificate, in subsection (a), by inserting quotation marks at the beginning and end of the form. (58) Code Section 46-8-100, relating to general powers regarding powers of railroad companies generally, in paragraph (3), by replacing "however, that" with "however, that,". (59) Code Section 46-8-291, relating to consent and contributory negligence as defenses and comparative negligence as affecting amount of recovery, by replacing "provided that" with "provided that,". (60) Code Section 46-8-312, relating to service of process on lessor railroad company, generally, by replacing "however, that" with "however, that,". (61) Code Section 46-8-339, relating to authority of street, suburban, and interurban railroad companies to furnish steam for heating and power purposes and to lay and maintain steampipes, by replacing "provided that" with "provided that,". (62) Code Section 46-9-42, relating to effect of strike by carrier's employees on carrier's duty to transport goods, by replacing "provided that" with "provided that,".

1072

GENERAL ACTS AND RESOLUTIONS, VOL. I

(63) Code Section 46-9-48, relating to adjustment and payment by common carriers of claims for loss of property or overcharge for freight and effect of failure by common carrier to adjust and pay claim, by replacing "provided that" with "provided that,". (64) Code Section 46-9-50, relating to weighing of railroad cars by certified public weighers and manner of weighing cars, in subsection (b), by replacing "provided that when" with "provided that, when". (65) Code Section 46-9-138, relating to granting of annual passes by common carriers to sheriffs and their deputies, by replacing "provided that the term 'sheriffs and their lawful deputies,' as used in this Code section, means" with "provided that, as used in this Code section, the term 'sheriffs and their lawful deputies' means". (66) Code Section 46-9-212, relating to switching off and delivering to connecting roads all cars consigned to points over or beyond the connecting roads, in subsection (b), by replacing "provided that" with "provided that,". (67) Code Section 46-9-230, relating to manner of incorporation of express companies, by inserting quotation marks at the beginning and end of the certificate form. (68) Code Section 46-9-290, relating to Designated Georgia Rail Passenger Corridors, in paragraph (b)(2), by replacing "For the purposes of this subsection, 'high speed rail' is defined as involving" with "As used in this subsection, the term 'high speed rail' means". (69) Chapters 10 and 11, which are reserved, by designating said chapters as repealed. (70) The following Code sections, by replacing "Public Service Commission" and "Georgia Public Service Commission" with "commission" each time the term appears:
(A) Code Section 46-1-2, relating to measure of damages for wrongs and injuries by railroad companies generally and venue for actions against railroad companies and electric companies generally; (B) Code Section 46-2-10, relating to payment of special fee by corporations and utilities subject to jurisdiction of commission, notice of amount due, and procedure on default; (C) Code Section 46-2-25.2, relating to sixteen-mile toll-free telephone calling, modification of rate schedules, recovery of expenses or lost revenues by telephone companies, and rate-making power of Public Service Commission not affected; (D) Code Section 46-2-25.3, relating to toll-free calls within 22 miles of exchange, hearings, and "net gain" defined; (E) Code Section 46-3-152, relating to jurisdiction of commission over rates, services, and practices of authority; (F) Code Section 46-4-53, relating to application to commission by gas utility for order approving utilization or operation of underground reservoir, hearing on application generally, and giving notice of hearing; (G) Code Section 46-4-54, relating to investigation by state geologist of site of proposed storage project, procedures involving state geologist, investigation of proposed storage project by director of Environmental Protection Division, procedures involving director, and investigation of proposed storage project by commission;

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(H) Code Section 46-4-60, relating to adoption by Board of Natural Resources of rules and regulations governing construction, installation, utilization, and operation of underground reservoirs and stations, wells, fixtures, and other facilities, enforcement of rules and regulations, and inspection and examination; (I) Code Section 46-4-122, relating to exemption from regulation by Public Service Commission; (J) Code Section 46-4A-12, relating to construction of chapter regarding provision of energy conservation assistance to residential customers by electric and gas utilities; (K) Code Section 46-5-6, relating to exclusive power and authority of the Public Service Commission to prescribe rules and regulations regarding public pay telephones; (L) Code Section 46-5-41, relating to obtaining of certificate of public convenience and necessity for construction, operation, acquisition, or extension of telephone lines, plants, or systems; (M) Code Section 46-5-124, relating to guidelines for implementing a state-wide emergency 9-1-1 system and training and equipment standards; (N) Code Section 46-5-126, relating to cooperation by commission and telephone industry; (O) Code Section 46-5-137, relating to powers of Public Service Commission not affected; (P) Code Section 46-5-182, relating to certification of telecommunications companies which bill for or solicit intrastate telecommunications services; (Q) Code Section 46-5-211, relating to consent of end user required for release of telephone records and law enforcement exception; (R) Code Section 46-5-213, relating to circumstances to which this article not applicable regarding disclosure of certain customer information; (S) Code Section 46-5-222, relating to commission has no authority over setting of rates or terms and conditions for the offering of broadband service, voice over Internet protocol, or wireless service and limitations; (T) Code Section 46-8-73, relating to contents of petition for dissolution, certification resolution recommending dissolution, attachment of resolution to petition, verification of petition, and fee for filing petition; (U) Code Section 46-8-75, relating to transfer of copy of petition from Secretary of State to commission; (V) Code Section 46-8-78, relating to order of Secretary of State accepting surrender of charter and franchises and dissolving corporation and recording of petition, certificate of approval, certificate of publication, and order by Secretary of State; (W) Code Section 46-8-196, relating to use of standard signs for highway crossings and for advertising or other purposes, mutilation, destruction, and defacement of standard signs, and removal of unauthorized signs by county authorities; and (X) Code Section 46-8A-2, relating to line or system permit required regarding rapid rail passenger service.

1074 Reserved.

GENERAL ACTS AND RESOLUTIONS, VOL. I SECTION 47.

SECTION 48. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in: (1) Code Section 48-5-7.6, relating to preferential assessment for brownfield property, in division (h)(1)(B)(iii), by redesignating the second subdivision (II) as subdivision (III). (2) Code Section 48-5-28, relating to priority of taxes over other claims and superiority of security deed, in subsection (a), by replacing "Code Section 53-7-91," with "Code Section 53-7-40,". (3) Code Section 48-5-164, relating to duties of successor tax collector or tax commissioner as to performing uncompleted duties of outgoing collector or commissioner, distribution of commissions, and liability, by revising subsection (b) as follows:
"(b) Each tax collector or tax commissioner to whom a list is furnished as provided in subsection (a) of this Code section shall pay to the outgoing tax collector or tax commissioner, as the taxes are collected, one-half of the commissions and retain for his or her services one-half, the commissions to be calculated as if the amounts had been collected by the outgoing tax collector or tax commissioner." (4) Code Section 48-7-27, relating to computation of taxable net income, at the end of subparagraph (a)(3)(A), by replacing the period with a semicolon, in paragraph (a)(3), by deleting the subparagraph (A) designation and by redesignating subparagraph (B) as paragraph (a)(3.1), and in division (a)(5)(D)(i), by deleting "or" at the end. (5) Code Section 48-7-29.20, relating to tax credits for contributions to rural hospital organizations, in subparagraph (e)(2)(E), by replacing "section including" with "section, including" and in subparagraph (e)(4)(B), by replacing "their approval" with "such approval". (6) Code Section 48-7-40.22, relating to tax credits for business enterprises that purchase or lease a motor vehicle to provide transportation for employees, in the table in subsection (b), under Tier 2, Credit amount per vehicle, by replacing "2000.00" with "2,000.00". (7) Code Section 48-7-40.26, relating to tax credits for film, gaming, video, or digital production, in the undesignated text at the end of subparagraph (c)(2)(B), by replacing "paragraph" with "subparagraph". (8) Code Section 48-7-40.30, relating to tax credits for certain qualified investments for limited period of time, in paragraph (f)(5), by replacing "transferrable" with "transferable". (9) Code Section 48-8-2, relating to definitions regarding state sales and use tax, in the introductory language of paragraph (39), by replacing "voice over internet protocol" with "Voice over Internet Protocol". (10) Code Section 48-8-15, relating to ratification of Executive Order on temporary and partial exemption for liquid propane gas commodity sold and delivered for residential heating, in subsection (e), by replacing "Chapter 10" with "Chapter 1".

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(11) Code Section 48-13-133, relating to promulgation of rules and regulations regarding taxation of consumer fireworks, by replacing "this Code section" with "this article".

SECTION 49. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended in: (1) Code Section 49-3-6, relating to functions of county department of family and children services, in paragraph (a)(4), by replacing "Council of Accountability Courts" with "Council of Accountability Court Judges" and in subsection (b), by replacing "Board of Human Services," with "board,". (2) Code Section 49-4-159.2, relating to remote maternal health clinical services, reporting, and termination, in subparagraph (a)(1)(A), by replacing "transmitting" with "transmit" and in subsection (c), by replacing "repealed" with "repealed and reserved". (3) Code Section 49-5-8, relating to powers and duties of the Department of Human Services, in subparagraph (a)(11)(A), by replacing "with, a photograph of himself or herself, provided however, that if" with "with a photograph of himself or herself; provided, however, that, if" and in subparagraph (a)(11)(B), by replacing "a personal identification card" with "an identification card" each time the phrase appears.

SECTION 50. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in: (1) Article 2 of Chapter 8, relating to regional commissions, by deleting the Part 1 designation. (2) Code Section 50-18-160, relating to individuals or nonprofit organizations, in paragraph (a)(1), by replacing "Code, has" with "Code or has" and in paragraph (b)(2), by replacing "in possession" with "in the possession". (3) Code Section 50-36-4, relating to submission of annual immigration compliance report, creation of reporting system, contents of reports, and annual review, in paragraph (d)(7), by replacing "42-4-11.4, 42-4-11.5," with "42-1-11.4, 42-1-11.5,".

SECTION 51. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended in: (1) Code Section 51-1-22.1, relating to liability of an operator of a vessel under certain conditions, in paragraph (c)(1), by replacing "$1,000,000.00" with "$1 million".

Reserved.

SECTION 52.

Reserved.

SECTION 53.

1076

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 54. (a) In accordance with subsection (c) of Code Section 28-9-5, the following portions included in the Official Code of Georgia Annotated published under authority of the state by LEXIS Publishing, including all 2024 supplements and revised volumes thereof, are hereby reenacted, and such reenactment shall have the effect of adopting and giving force and effect of law to the following portions as contained in such supplements and volumes:
(1) Statutory text; and (2) Arrangement and numbering system, including, but not limited to, title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, and subdivision numbers and designations. (b) The following portions included in the Official Code of Georgia Annotated published under authority of the state by LEXIS Publishing, including all 2024 supplements and revised volumes thereof, are specifically not enacted or reenacted, have no binding authority, bear no weight or effect, and shall not be construed to have the imprimatur of the General Assembly or the State of Georgia: (1) Case annotations; (2) Research references, including, but not limited to:
(A) Law reviews; (B) Collateral references to secondary sources; (C) Opinions of the Georgia Attorney General; (D) Advisory opinions of the State Bar; and (E) Cross-references; (3) Captions; (4) Catchlines; (5) Headings; (6) Title and chapter analyses; (7) History lines; (8) Repeal lines; (9) Editorial notes; (10) Amendment notes; (11) Code Commission notes; (12) Effective date notes; (13) Tables; (14) User's Guide; (15) General Index; (16) Volume indices; (17) Indices related to local and special laws; (18) Conversion tables; (19) The United States Constitution; (20) The Georgia Constitution;

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(21) Rules and regulations of state agencies, departments, boards, commissions, or other entities; (22) Material in brackets or parentheses and editorial, delayed effective date, effect of amendment, or other similar notes within the text of a Code section which have been added by the publisher in order to explain or to prevent a misapprehension concerning the contents of the Code section; and (23) Any other matter published in the Official Code of Georgia Annotated which is not included in subsection (a) of this section. (c) The reenactment of the portions of the Official Code of Georgia Annotated by subsection (a) of this section 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. This subsection shall not apply to any Act or portion thereof which was superseded due to conflict as provided by subsection (b) of Code Section 28-9-5. (d) The provisions contained in Sections 1 through 53 of this Act and in the other Acts enacted at the 2024 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated ratified and reenacted by subsection (a) of this section. (e) In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2025 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of such conflict.

SECTION 55. All laws and parts of laws in conflict with this Act are repealed.

Compiler's Note - Section 16 amended Code Section 16-13-71 by revising numerous paragraphs in subsection (b). The stricken text read as follows: "(361.5) Reserved;" "(386.3) Reserved;" "(509.7) Reserved;" "(512.691) Reserved;" "(529.93) Reserved;" "(703.43) Reserved;" "(731.1) Reserved;"

Approved May 14, 2025.

RESOLUTIONS OF THE
GENERAL ASSEMBLY OF THE
STATE OF GEORGIA PROPOSING AMENDMENTS
TO THE CONSTITUTION
OF THE STATE OF GEORGIA

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CONSTITUTIONAL AMENDMENT BONA FIDE CONSERVATION USE PROPERTY; MAXIMUM ACREAGE; INCREASE.

No. 363 (House Resolution No. 32).

A RESOLUTION

Proposing an amendment to the Constitution so as to increase the maximum acreage to qualify for assessment and taxation as a bona fide conservation use property; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article VII, Section I, Paragraph III of the Constitution is amended by revising subparagraph (e)(1) as follows:
"(e) The General Assembly shall provide by general law: (1) For the definition and methods of assessment and taxation, such methods to include
a formula based on current use, annual productivity, and real property sales data, of 'bona fide conservation use property' to include bona fide agricultural and timber land not to exceed 4,000 acres of a single owner and 'bona fide residential transitional property' to include private single-family residential owner occupied property located in transitional developing areas not to exceed five acres of any single owner. Such methods of assessment and taxation shall be subject to the following conditions:
(A) A property owner desiring the benefit of such methods of assessment and taxation shall be required to enter into a covenant to continue the property in bona fide conservation use or bona fide residential transitional use; and
(B) A breach of such covenant within ten years shall result in a recapture of the tax savings resulting from such methods of assessment and taxation and may result in other appropriate penalties;"

SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia, for the purpose of protecting family ( ) NO farmland, be amended so as to increase the maximum acreage to qualify for
assessment and taxation as a bona fide conservation use property from 2,000 acres to 4,000 acres?"

1082

GENERAL ACTS AND RESOLUTIONS, VOL. I

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Approved May 14, 2025.