Acts and resolutions of the General Assembly of the State of Georgia 2000, volume 1, book 1

ACTS AND RESOLUTIONS OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
2000
COMPILED AND PuBLISHED BY AUTHORITY OF THE STATE
Volume One Book One

COMPILER'S NOTE
General Acts and Resolutions of the 2000 session of the General Assembly of Georgia will be found in Volume I beginning at page 1. Proposed amendments to the Constitution of the State of Georgia will be found in Volume I beginning at page 1997. Local and Special Acts and Resolutions will be found in Volume II beginning at page 3501. Home rule actions by counties and consolidated governments and by municipalities filed in the Office of the Secretary of State between April 1, 1999, and April15, 2000, are printed in Volume II beginning at pages 4643 and 4687, respectively.
There are no numbered pages between page 2008, the last page of Volume I, and page 3501, the first page of Volume II. This allows both volumes to be printed simultaneously. In order to eliminate the need for hand stitching of thick books and to reduce costs, the index and other material is now in a separate Volume III, and Volumes I or II, or both, may be divided into two or more books. Page numbers will run consecutively between books in the same volume.
Indexes; lists of Acts, Bills, and Resolutions and their Georgia Laws page numbers; material related to courts; population charts; lists of members of the General Assembly; referendum results; the report of the state auditor on concurrent funding of retirement bills; and the Governor's veto message are printed in Volume III. Indexes cover material in both Volumes I and II. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. When possible, general Acts have been indexed by reference to the titles of the Official Code of Georgia Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.
Each Act and Resolution is preceded by a caption written by the compilers of the Georgia Laws solely to assist the reader in quickly determining the subject matter of the Act or Resolution. This caption includes the Act number assigned by the Governor and the House Bill or Senate Bill number which it was given when it was introduced in the General Assembly. The caption for each Resolution contains the Resolution Act number assigned by the Governor and the House Resolution or Senate Resolution number. These captions are not part of the Act or Resolution when they are enacted or adopted by 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.

COURTS - SUPREME COURT; TERMS.
Code Section 15-2-4 Amended.
No. 456 (House Bill No. 804).
AN ACT
To amend Code Section 15-2-4 of the Official Code of Georgia Annotated, relating to the place of sessions and terms of the Supreme Court of Georgia, so as to change the terms of the court and the ending dates of certain terms; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-2-4 of the Official Code of Georgia Annotated, relating to the place of sessions and terms of the Supreme Court of Georgia, is amended by striking subsections (b) and (c) of said Code section and inserting in lieu thereof the following:
"(b) Unless the Supreme Court by rule or order chooses to extend its terms of court, the terms shall be as follows:
(1) January term beginning the first Monday in January;
(2) April term beginning the third Monday in April; and
(3) September term beginning the first Monday in September.
(c) Each term shall continue until the business for that term has been disposed of by the court, provided that, unless sooner closed by order of the court, the September term shall end on December 16, the January term shall end on April 14, and the April term shall end on July 31. No judgment in a second-term case, other than a judgment on a motion for reconsideration in such case, shall be rendered during the last 15 days of any term. Disposition of first-term cases may be made during nonterm periods."
SECTION 2.
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 January 31, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

RETIREMENT AND PENSIONS - PUBLIC RETIREMENT SYSTEMS; INVESTMENTS.

Code Title 47 Amended.

No. 457 (House Bill No. 617).

AN ACT

To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to enact the "Public Retirement Systems Investment Authority Law"; to provide that all public retirement systems shall be subject to Chapter 20 of Title 47 of the Official Code of Georgia Annotated; to define a certain term; to provide the investment authority for public retirement systems in this state that are by law made subject to such provisions; to provide that such provisions shall be applicable to certain public retirement systems; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by inserting immediately following Code Section 47-20-3 a new Code section to read as follows:

"47-20-4.
Any other provision of law to the contrary notwithstanding, any public retirement system or pension fund supported wholly or partially by public funds shall be subject to the provisions of this chapter. This Code section applies, without limitation, to the Georgia Municipal Employees Benefit System created by Chapter 5 of this title and to any association of like political subdivisions which contracts with its members for the pooling of assets. This Code section shall not apply to any defined contribution retirement system."

SECTION 2.

Said title is further amended by inserting at the end of Chapter 20, the "Public Retirement Systems Standards Law," the following:

"ARTICLE 7

47-20-80.

This article shall be known and may be cited as the 'Public Retirement Systems Investment Authority Law.'

GEORGIA LAWS 2000 SESSION

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47-20-81.
(a) As used in this article, the term 'fund' means the investment fund of any public retirement system or pension system supported wholly or partially from public funds. Such term shall include any pool of such funds for investment purposes.
(b) The provisions of this article shall not apply to political subdivisions which contract with an association of like political subdivisions for the pooling of assets; provided, however, that the provisions of this article shall apply to such association.

47-20-82.
(a) Funds shall invest in or lend their assets on the security of, and shall hold as invested assets, only eligible investments as prescribed in this article.

(b) Eligibility of an investment shall be determined as of the date of its making or acquisition.

(c) Any investment limitation based upon the amount of the fund's assets shall relate to such assets on the basis of the assets' aggregate historical cost.

47-20-83.

(a) Subject to limitations stated in this article, funds may invest in the following in certificated or uncertificated form:

(1) Corporations or obligations of corporations organized under the laws of this state or any other state or under the laws of Canada, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that except as provided in Code Section 47-20-84, no fund shall invest in corporations or in obligations of corporations organized in a country other than the United States or Canada; provided, further, that such obligation shall be listed as investment grade by a nationally recognized rating agency;

(2) Repurchase and reverse repurchase agreements for direct obligations of the United States government and for obligations unconditionally guaranteed by agencies of the United States government and for investments eligible under paragraph (1) of this Code section;

(3) Cash assets or deposits in checking or savings accounts under certificates of deposit or in other form in banks and trust companies and in savings accounts, certificates of deposit, or similar certificates or evidences of deposits in savings and loan associations and building and loan associations which have qualified for the insurance protection afforded by the Federal Deposit Insurance Corporation;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(4) Bonds, notes, warrants, and other evidence of indebtedness which are direct obligations of the government of the United States of America or for which the full faith and credit of the government of the United States of America is pledged for the payment of principal and interest;
(5) Loans guaranteed as to principal and interest by the government of the United States of America, or by any agency or instrumentality of the government of the United States of America, to the extent of such guaranty;
(6) Taxable bonds, notes, warrants, and other secunt1es not in default which are the direct obligations of any state of the United States or of the District of Columbia, or of the government of Canada or any province of Canada, or for which the full faith and credit of such state, district, government, or province has been pledged for the payment of principal and interest;
(7) Bonds, notes, warrants, and other securities not in default which are the direct obligations of the government of any foreign country which the International Monetary Fund lists as an industrialized country and for which the full faith and credit of such government has been pledged for the payment of principal and interest, provided such securities are listed as investment grade by a nationally recognized rating agency;
(8) Bonds, debentures, or other securities issued or insured or guaranteed by any agency, authority, unit, or corporate body created by the government of the United States of America whether or not such obligations are guaranteed by the United States;
(9) Collateralized mortgage obligations that are listed as investment grade by a nationally recognized rating agency;
(10) Obligations issued, assumed, or guaranteed by the International Bank for Reconstruction and Development or the International Financial Corporation;
(11) In addition to those investments eligible under paragraph (1) of this Code section, bonds, debentures, notes, and other evidences of indebtedness issued, assumed, or guaranteed by any solvent institution existing under the laws of the United States of America or of Canada, or any state or province thereof, which are not in default as to principal or interest and which are secured by collateral worth at least 50 percent more than the par value of the entire issue of such obligations, but only if not more than one-third of the total value of the required collateral consists of common stocks;

GEORGIA lAWS 2000 SESSION

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(12) In addition to those investments eligible under paragraph (1) of this Code section, secured and unsecured obligations of issuers described in paragraph (11) of this Code section other than the obligations described in paragraph (11) of this Code section, bearing interest at a fixed rate, with mandatory principal and interest due at specified times, if the net earnings of the issuing, assuming, or guaranteeing institution available for its fixed charges for a period of five fiscal years next preceding date of acquisition by the fund have averaged per year not less than one and onehalf times its average annual fixed charges applicable to such period and if during either of the last two years of the period of such net earnings have been not less than one and one-half times its fixed charges for the year; provided, however, that any such obligation shall be listed as investment grade by a nationally recognized rating agency;

(13) In addition to those investments eligible under paragraph (1) of this Code section, equipment trust obligations or certificates adequately secured and evidencing an interest in transportation equipment, wholly or in part within the United States of America, and the right to receive determinated portions of rental, purchase, or other fixed obligatory payments for the use or purchase of the transportation equipment;

(14) Loans that are secured by pledge or securities eligible for investment under this article;

(15) Purchase money mortgages or like securities received upon the sale or exchange of real property acquired;

(16) In addition to those investments eligible under paragraph (1) of this Code section, a mortgage or a mortgage participation, pass-through, conventional pass-through, trust certificate, or other similar security which represents an undivided, beneficial interest in a pool of loans secured by first mortgages, deeds of trust, or deeds to secure debt upon fee simple, unencumbered, improved, or income-producing real property located in the United States or Canada, which is improved with a residential building or condominium unit or buildings designed for occupancy by not more than four families, including leasehold estates in such real estate if such first mortgages, deeds of trust, or deeds to secure debt are fully guaranteed or insured by the Federal Housing Administration, the United States Department of Veterans Mfairs, the Farmers Home Administration, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, the Federal National Mortgage Association, or any similar governmental entity or instrumentality;

(17) Land and buildings on such land used or acquired for use as a fund's office for the convenient transaction of its own business; provided, however, that portions of such buildings not used for its own business

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GENERAL ACTS AND RESOLUTIONS, VOL. I

may be rented by the fund to others; provided, further, that the amount investment by a fund in office property shall not exceed 10 percent of the retirement system assets;
(18) Real property acquired in satisfaction in whole or in part of loans, mortgages, liens, judgments, decrees, or debts previously owing to the fund in the course of its business;

(19) Real property acquired in part payment of the consideration on the sale of other real property owned by the fund if such transaction effects a net reduction in the fund's investment in real estate;

(20) Real property acquired by gift or devise, or through merger or consolidation with another fund; and

(21) Additional real property and equipment incident to real property if necessary or convenient for the enhancement of the marketability or sale value of real property previously acquired or held by the fund under paragraphs (18), (19), and (20) of this Code section.

(b) Notwithstanding the provisions of subsection (a) of this Code section, the Georgia Municipal Employees Benefit System and any association of like political subdivisions which contracts with its members for the pooling of assets may invest up to 5 percent of the total assets of its fund in real estate; provided, however, that in the event the fund's assets decrease in value, the association shall be entitled to retain all real estate investments if owned prior to the reduction in value of assets; provided, further, that any such association shall be entitled to retain all real estate assets it owned on July 1, 1999, without regard to the limitation imposed by this subsection.
47-20-84.

(a) As used in this Code section, the term 'large retirement system' means:

(1) Any retirement system created by this title which has an accumulated unfunded actuarial accrued liability not greater than 25 percent of the total of its assets;

(2) The Georgia Municipal Employees Benefit System created by Chapter 5 of this title;

(3) Any association of like political subdivisions which, on, before, or after July 1, 1999, contracts with its members for the pooling of assets; and

(4) Any public retirement system other than a retirement system defined in paragraphs (1), (2), and (3) of this subsection which meets the following criteria:

(A) The retirement system assets are in excess of $50 million;

GEORGIA lAWS 2000 SESSION

7

(B) The retirement system provides a defined benefit plan;

(C) The retirement system investments are managed by one or more independent professional investment managers recognized by the National Association of Securities Dealers and the United States Securities and Exchange Commission and which adhere to the code of ethical standards and conduct of the Association for Investment Management and Research;

(D) The retirement system investments are limited to those equities of investment grade quality or better, provided that leverage techniques, option techniques, futures, commodities, private placements, and direct participation plans may not be used in making equity investments; and

(E) Has an accumulated unfunded actuarial liability not greater than 25 percent of the total of its assets.

(b) A large retirement system may not invest more than 10 percent of the retirement system assets in corporations or in obligations of corporations organized in a country other than the United States or Canada subject to the provisions of paragraph (1) of Code Section 47-20-83.

(c) A fund shall not invest more than 55 percent of retirement system assets in equities; provided, however, that a large retirement system shall invest not more than 60 percent of its assets in equities. Any fund which is not in compliance with the limitations imposed by this subsection shall be granted a two-year period to come into compliance; provided, however, that during such two-year period, the fund shall not increase the percentage of its assets invested in equities.

(d) In the event the value of a fund's assets decreases so as to render such fund ineligible to invest in foreign equities as provided in subsection (b) of this Code section and to invest in excess of 55 percent of its assets in total equities as provided in subsection (c) of this Code section, such fund shall have 12 months from the date of such event to come into compliance with the investment authority provided by this article; provided, however, that during such period such fund shall not increase its holdings in foreign equities and shall not increase its total holdings in equities.

47-20-85.

Notwithstanding any provtsiOn of the federal Secondary Mortgage Market Enhancement Act, 15 U.S.C. Section 77r-1, to the contrary, any fund subject to the provisions of this article shall comply with all provisions, restrictions, and limitations concerning investments provided in this article.

47-20-86.

This article shall be enforced as provided in Article 3 of this chapter."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 3.

Said title is further amended by striking in its entirety Code Section 47-1-12, relating to the investment and reinvestment of any local retirement system fund, and inserting in lieu thereof the following:

"47-1-12.

(a) The board of trustees of any local retirement system shall have full power to invest and reinvest assets of the retirement system and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the retirement system have been invested, any proceeds of any investments, and any money belonging to the retirement system; provided, however, that, except as otherwise provided in this Code section, such power shall be subject to all terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in making and disposing of their investments.

(b) Notwithstanding the provisions of Code Section 33-11-21, the board of trustees of any local retirement system shall not be restricted to investing in those equities which have paid a cash dividend in at least three of the last five years preceding the purchase of such equities.

(c) Nothing in this Code section shall be construed to limit or restrict the authority of the board of trustees of any retirement system to invest or reinvest assets of such system in such manner and under such conditions as are authorized by law.

(d) The state auditor shall monitor the investment activity of local retirement systems and shall submit a report to the Governor and the presiding officer of each chamber of the General Assembly describing the effect, if any, changes in investment policy have had on those systems. Such report shall be submitted not later than December 31, 2001."

SECTION 4.

Said title is further amended by striking in its entirety subsection (a) of Code Section 47-2-31, relating to the investment authority of the board of trustees of the Employees' Retirement System of Georgia and related matters, and inserting in lieu thereof the following:

"(a) The board of trustees shall have full power to invest and reinvest the assets of the retirement system and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the retirement system have been invested, any proceeqs of any investments, and any money belonging to the retirement system; provided, however, that such power shall be subject to all terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of this title, the 'Public Retirement Sys. terns Investment Authority Law."'

GEORGIA LAWS 2000 SESSION

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SECTION 5.

Said title is further amended by striking in its entirety subsection (a) of Code Section 47-3-27, relating to the investment powers of the board of trustees of the Teachers Retirement System of Georgia and related matters, and inserting in lieu thereof the following:

"(a) The members of the board of trustees shall be the trustees of the retirement system and shall have full power to invest and reinvest its assets, subject to all the terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' Subject to like restrictions, the board of trustees shall have the power to hold, transfer, and dispose of any investments in which retirement system assets are invested, including proceeds of investments. The board of trustees is authorized to employ agents, including banks and trust companies, to act as investment advisers and make investments if the board of trustees so authorizes."

SECTION 6.

Said title is further amended by striking in its entirety subsection (b) of Code Section 47-4-26, relating to the power of the board of trustees of the Public School Employees Retirement System over funds and related matters, and inserting in lieu thereof the following:

"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund."

SECTION 7.

Said title is further amended by striking in its entirety subsection (a) of Code Section 47-5-24, relating to the powers and duties of the board of trustees of the Georgia Municipal Employees Benefit System, and inserting in lieu thereof the following:

"(a) The board of trustees is authorized to invest and reinvest funds held by it in any investments which are legal investments under Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law'. The board of trustees shall have the discretion to decide the allocation of funds among such investments. The board of trustees is further authorized to purchase, acquire, hold, lease, sell, and convey real and personal property."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 8.

Said title is further amended by striking in its entirety subsection (b) of Code Section 47-7-23, relating to the powers and duties of the board of trustees of the Georgia Firefighters' Pension Fund, and inserting in lieu thereof the following:

"(b) The board shall have the full power to invest and reinvest such funds subject to all the terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and money belonging to the fund."

SECTION 9.

Said title is further amended by striking in its entirety subsection (b) of Code Section 47-11-23, relating to the control of the board of trustees of the Judges of the Probate Courts Retirement Fund over the assets of the fund and related matters, and inserting in lieu thereof the following:

"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund."

SECTION 10.

Said title is further amended by striking in its entirety subsection (b) of Code Section 47-14-23, relating to the investment powers of the board of trustees of the Superior Court Clerks' Retirement Fund and related matters, and inserting in lieu thereof the following:

"(b) The board of trustees shall have full power to invest and reinvest the assets of the fund and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the fund have been invested, any proceeds of any investments, and any money belonging to the fund; provided, however, that such power shall be subject to all terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.'"

GEORGIA LAWS 2000 SESSION

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SECTION 11.

Said title is further amended by striking in its entirety subsection (a) of Code Section 47-16-26, relating to the power of the board of trustees of the Sheriffs' Retirement Fund of Georgia to control, invest, and expend funds and related matters, and inserting in lieu thereof the following:

"(a) The board shall have control over the funds provided for in this chapter, authority to expend such funds in accordance with this chapter, and authority to invest the funds subject to all terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law."'

SECTION 12.

Said title is further amended by striking in its entirety subsection (b) of Code Section 47-17-23, relating to the investment authority of the board of trustees of the Peace Officers' Annuity and Benefit Fund, and inserting in lieu thereof the following:

"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund."

SECTION 13.

Said title is further amended by striking in its entirety subsection (b) of Code Section 47-23-22, relating to the control of the board of trustees of the Georgia Judicial Retirement System over funds and related matters, and inserting in lieu thereof the following:

"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 14.

Said title is further amended by striking in its entirety subsection (d) of Code Section 47-1-3, relating to the power of local retirement systems to hire an actuary and related matters, and inserting in lieu thereof the following:

"(d) Once every two years, the board of trustees or other governing authority of each local retirement system shall have the system's actuary make an actuarial investigation. Such actuarial investigation shall include the results of any actuarial investigation into the then current assumptions as to rates of interest, mortality, disability, withdrawal, and retirement. The actuarial investigation shall also include consideration of the experience of the retirement system under its assumptions and a comparison of results with the previous actuarial investigations and may also include such other studies as may be necessary or desirable for the completeness and accuracy of the actuarial investigation. The actuarial investigation shall also include a valuation of the contingent assets and liabilities of the retirement system and a determination of the payments necessary to amortize over a stated period any unfunded accrued liability disclosed. As an exhibit to the actuarial investigation, the local retirement system board of trustees or other governing authority thereof shall attach a copy of all the provisions of the plan for the local retirement system, including the requirements and conditions for qualifying to participate, the nature of benefits under the plan, and the manner in which the local retirement system is funded. Beginning on October 1, 1996, and every two years thereafter on such date, the board of trustees or other governing authority of each such local retirement system shall have on file with the state auditor an actuarial investigation meeting the requirements 526this subsection. This subsection shall not apply to a retirement or pension program which is established pursuant to an insurance contract between an insurer and a county, municipality, local board of education, or other political subdivision or between an insurer and any commission, board, or other agency of any such political subdivision. As used in the preceding sentence, the word 'insurance' and the word 'insurer' shall have the meanings set forth, respectively, in Code Section 33-1-2. Municipalities providing a retirement program for their employees pursuant to a contract with the Board of Trustees of the Georgia Municipal Employees Benefit System shall not be required to submit actuarial investigations under this subsection or financial reports under this Code section. In lieu of such actuarial investigations and reports, the Board of Trustees of the Georgia Municipal Employees Benefit System shall prepare a comprehensive report once every two years based on the information required under Code Sections 47-5-26 and 47-5-30. Such comprehensive reports shall be filed with the state auditor at the same time as actuarial investigations are filed as provided in this subsection. Any county providing a retirement program for its employees pursuant to a contract with, or a program offered by, the Association County Commis-

GEORGIA lAWS 2000 SESSION

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sioners of Georgia shall also be exempt from the requirements of this subsection or financial reports under this Code section, if the Association County Commissioners of Georgia files with the state auditor, at the same time actuarial investigations are filed under this subsection, a comprehensive report substantially equivalent to the comprehensive report filed by the Board of Trustees of the Georgia Municipal Employees Benefit System as provided in this subsection. Nothing in this subsection shall be construed as to exempt either the Georgia Municipal Employees Benefit System or the Association County Commissioners of Georgia from the provisions of Code Section 47-20-4."

SECTION 15.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 16.

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

Approved January 31, 2000.

ELECTIONS - SUPERINTENDENTS; PROVISION OF RETURNS TO SECRETARY OF STATE; ELECTRONIC FORMAT.
Code Section 21-2-77 Enacted.
No. 459 (House Bill No. 1113).
AN ACT
To amend Part 3 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election superintendents, so as to require counties to provide election returns to the Secretary of State in an electronic format within a certain time frame for certain elections; to provide for a two step phase-in of this requirement; 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.
Part 3 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election superintendents, is 3:mended by adding following Code Section 21-2-76, relating to eligibility of a person holding a political party office to serve as superintendent, a new Code section to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"21-2-77.

(a) Beginning with the election cycle in the year 2000, the superintendent of elections of each county shall provide electronically to the Secretary of State, within 45 days after the close of voting, election returns divided by precinct for each precinct in their respective counties for all primaries, elections, special primaries, special elections, and runoffs for such elections for federal or state offices held in that year or any following year.

(b) Beginning with the election cycle in the year 2002, the superintendent of elections of each county shall provide electronically to the Secretary of State, within 45 days after the close of voting, election returns divided by precinct for each precinct in their respective counties for all primaries, elections, special primaries, special elections, and runoffs for such elections for federal, state, or county offices held in that year or any following year.

(c) The Secretary of State is authorized to prescribe by rule or regulation the type of electronic format for the provision of such election returns."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of prescribing rules and regulations and shall become effective July 1, 2000, for all other purposes.
'SECTION 3.

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

Approved February 8, 2000.

STATE GOVERNMENT - APPROPRIATIONS; SUPPLEMENTAL FOR STATE FISCAL YEAR 1999-2000; HEALTH INSURANCE PLANS.
No. 461 (House Bill No. 1161).
AN ACT
To provide supplementary appropriations for the health insurance plans for state and University System employees for the State Fiscal Year ending June 30, 2000, in addition to the appropnat10ns made by the General Appropriations Act and any other appropriations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2000 SESSION

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SECTION 1.

In addition to the appropriations made by the General Appropriations Act and any other appropriations, the following appropriations are made to supplement fund ing for health insurance plans of state and University System employees:
The amount of $ 33,000,000 is appropriated to the Board of Regents of the University System of Georgia for the Health Benefit Plans of the University System of Georgia.
The amount of $ 230,000,000 is appropriated to the Department of Commu-
nity Health, as custodian and administrator, for the health insurance fund of the health insurance plan for employees of the State.

TOTAL APPROPRIATION STATE FUNDS:

$ 263,000,000

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 11, 2000.

EDUCATION - STATE MEDICAL EDUCATION BOARD; STAFF.
Code Section 20-3-511 Amended.
No. 463 (House Bill No. 260).
AN ACT
To amend Part 6 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, so as to change the provisions relating to the executive director, clerical assistance, and compensation thereof for the State Medical Education Board; 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.

Part 6 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, is amended by striking Code Section 20-3-511, relating to the executive director of the State Medical Education Board, and inserting in its place the following:

"20-3-511.

With the concurrence of the State Medical Education Board, the Department of Community Health shall employ and provide for the compensation of such administrative staff, including but not limited to an executive director, as is necessary to carry out the functions of the State Medical Education Board."

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

Approved February 24, 2000.

CRIMES AND OFFENSES - ASSAULT AND BATTERY; CRIMES AGAINST SPORTS OFFICIALS.
Code Sections 16-5-23 and 16-5-23.1 Amended.
No. 464 (House Bill No. 265).
AN ACT
To amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide that any person who commits the offense of simple battery or battery against a sports official while such sports official is officiating an amateur contest or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature; to define a certain term; to provide for editorial changes; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, is amended by striking in their entirety Code Sections 16-5-23 and 16-5-23.1, relating to simple battery and battery, respectively, and inserting in lieu thereof the following:

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"16-5-23.

(a) A person commits the offense of simple battery when he or she either:

(1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or

(2) Intentionally causes physical harm to another.

(b) Except as otherwise provided in subsections (c) through (h) of this Code section, a person convicted of the offense of simple battery shall be punished as for a misdemeanor.

(c) Any person who commits the offense of simple battery against a person who is 65 years of age or older or against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

(d) Any person who commits the offense of simple battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20.

(e) Any person who commits the offense of simple battery against a police officer, law enforcement dog, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

(f) If the offense of simple battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished for a misdemeanor of a high and aggravated nature. In no event shall this subsection be applicable to corporal punishment administered by a parent or guardian to a child or administered by a person acting in loco parentis.

(g) A person who is an employee, agent, 'Or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7173, relating to home health care and hospices, who commits the offense of simple battery against a person who is admitted to or receiving services from such facility, person, or entity shall be punished for a misdemeanor of a high and aggravated nature.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(h) Any person who commits the offense of simple battery against a sports official while such sports official is officiating an amateur contest or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For the purposes of this Code section, the term 'sports official' means any person who officiates, umpires, or referees an amateur contest at the collegiate, elementary or secondary school, or recreational level.

16-5-23.1.
(a) A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another.
(b) As used in this Code section, the term 'visible bodily harm' means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts.
(c) Except as provided in subsections (d) through (l) of this Code section, a person who commits the offense of battery is guilty of a misdemeanor.
(d) Upon the second conviction for battery against the same victim, the defendant shall be punished by imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $1,000.00, or both. The minimum sentence of ten days for a second offense shall not be suspended, probated, deferred, stayed, or withheld; provided, however, that it is within the authority and discretion of the sentencing judge to:
(1) Allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the, sentencing judge; or
(2) Suspend, probate, defer, stay, or withhold the minimum sentence where there exists clear and convincing evidence that imposition of the minimum sentence would either create an undue hardship upon the defendant or result in a failure of justice.

(e) Upon a third or subsequent conviction for battery against the same victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. The minimum sentence provisions contained in subsection (d) of this Code section shall apply to sentences imposed pursuant to this subsection.

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(f) If the offense of battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household, then such offense shall constitute the offense of family violence battery and shall be punished as follows:

(1) Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a misdemeanor; and

(2) Upon a second or subsequent conviction of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. In no event shall this subsection be applicable to reasonable corporal punishment administered by parent to child.

(g) Any person who commits the offense of battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20.

(h) Any person who commits the offense of battery against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

(i) Any person who commits the offense of battery against a teacher or other school personnel, engaged in the performance of official duties or while on school property shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both.
U) Except as otherwise provided in subsection (e) and paragraph (2) of subsection (f) of this Code section, any person who commits the offense of battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

(k) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7173, relating to home health care and hospices, who commits the offense of battery against a person who is admitted to or receiving services from such facility, person, or entity shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years, or a fine of not more than $2,000.00, or both.

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(l) Any person who commits the offense of battery against a sports official while such sports official is officiating an amateur contest or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, the term 'sports official' means any person who officiates, umpires, or referees an amateur contest at the collegiate, elementary or secondary school, or recreational level."
SECTION 2.
This Act shall become effective on July 1, 2000, and shall apply to offenses committed on or after July 1, 2000.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Approved February 24, 2000.

COURTS -JUVENILE PROCEEDINGS; PARENTAL RIGHTS; MENTALLY INCOMPETENT JUVENILES; REORGANIZATION OF
PROVISIONS.
Code Titles 15 and 5, 16, 17, 19, 20, 24, 31, 35, 36, 40, 47, and 49 Amended.
No. 467 (House Bill No. 1112).
AN ACT
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated in Articles 1, 2, and 4, relating respectively to juvenile proceedings, parental rights, and procedures and policies relative to juveniles who may be mentally incompetent, so as to reorganize such articles; to redesignate and rearrange Code sections within such articles; to standardize terms and make editorial changes; to correct cross-references in accordance with such reorganization; to amend Titles 5, 15, 16, 17, 19, 20, 24, 31, 35, 36, 40, 47, and 49 of the Official Code of Georgia Annotated, relating respectively to appeals, courts, crimes, criminal procedure, domestic relations, education, evidence, health, law enforcement, local government, motor vehicles, retirement, and social services, so as to correct cross-references in accordance with such reorganization; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1.

Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, is amended by striking in their entirety Articles 1 and 2 and inserting in lieu thereof the following:

"ARTICLE 1 Part 1

15-11-1.

This chapter shall be liberally construed to the end:

(1) That children whose well-being is threatened shall be assisted and protected and restored, if possible, as secure law-abiding members of society;

(2) That each child coming within the jurisdiction of the court shall receive, preferably in his or her own home, the care, guidance, and control that will be conducive to the child's welfare and the best interests of the state; and

(3) That when a child is removed from the control of his or her parents the court shall secure for the child care as nearly as possible equivalent to that which his or her parents should have given the child.

15-11-2.

As used in this chapter, the term:

( 1) 'Adult' means any individual who is not a child under the definition in paragraph (2) of this Code section.

( 1.1) 'Biological father' means the male who impregnated the biological mother resulting in the birth of the child.

(2) 'Child' means any individual who is:

(A) Under the age of 17 years;

(B) Under the age of 21 years, who committed an act of delinquency before reaching the age of 17 years, and who has been placed under the supervision of the court or on probation to the court; or

(C) Under the age of 18 years, if alleged to be a 'deprived child' as defined by this Code section.

(3) 'Community rehabilitation center' means a rehabilitation and custodial center established within a county for the purpose of assisting in the rehabilitation of delinquent and unruly children in a neighborhood and family environment in cooperation with community educational, medical, and social agencies, which center meets the following requirements:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(A) Is located within any county having a juvenile court presided over by at least one full-time judge exercising jurisdiction exclusively over juvenile matters; and
(B) Is operated by a nonprofit corporation organized under Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and has a fulltime chief executive officer. The charter, bylaws, and method of selecting the board of directors and chief executive officer of such nonprofit corporation shall be subject to the unanimous approval of the chief judge of the judicial circuit in which the county is located, the judge or judges of the juvenile court, the superintendent of the county school district, and the commissioner of corrections, which approval shall be in writing and shall be appended to the charter and bylaws of the nonprofit organization. Any amendment of the charter or bylaws of the nonprofit corporation shall be subject to the same written approval as the original charter and bylaws.
(4) 'Court' or 'juvenile court' means the court exercising jurisdiction over juvenile matters.
(4.1) 'Criminal justice purposes' means the performance of any activity directly involving the investigation, detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of children or adults who are accused of, convicted of, or charged with crimes or the collection, storage, and dissemination of criminal history record information.
(5) 'Custodian' means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of a court, and who has the rights and duties provided in Code Section 15-11-13.
(6) 'Delinquent act' means:
(A) An act designated a crime by the laws of this state, or by the laws of another state if the act occurred in that state, under federal laws, or by local ordinance, and the crime does not fall under subparagraph (C) of paragraph ( 12) of this Code section and is not a juvenile traffic offense as defined in Code Section 15-11-73;

(B) The act of disobeying the terms of supervision contained in a court order which has been directed to a child who has been adjudged to have committed a delinquent act; or
(C) Failing to appear as required by a citation issued with regard to a violation of Code Section 3-3-23.
(7) 'Delinquent child' means a child who has committed a delinquent act and is in need of treatment or rehabilitation.

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(8) 'Deprived child' means a child who:

(A) Is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for the child's physical, mental, or emotional health or morals;

(B) Has been placed for care or adoption in violation of law;

(C) Has been abandoned by his or her parents or other legal custodian; or
(D) Is without a parent, guardian, or custodian.

No child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be a 'deprived child.'
(8.1) 'Identification data' means the fingerprints, name, race, sex, date of birth, and any other unique identifiers of the child.

(9) 'Judge' means judge or judges of the court exercising jurisdiction over juvenile matters. Such term shall not mean or include an associate juvenile court judge or associate juvenile court traffic judge unless specifically so stated.

(10) 'Juvenile court intake officer' means the juvenile court judge, associate juvenile court judge, court service worker, or person employed as a juvenile probation or intake officer designated by the juvenile court judge or, where there is none, the superior court judge, which person is on duty for the purpose of determining whether any child taken into custody should be released or detained and, if detained, the appropriate place of detention. Each superior or juvenile court judge shall provide for one of the above persons to be on duty or on call as an intake officer during each 24 hour period.

(10.1) 'Legal father' means a male who:

(A) Has legally adopted a child;

(B) Was married to the biological mother of that child at the time the child was conceived or was born, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19;

(C) Married the legal mother of the child after the child was born and recognized the child as his own, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(D) Has been determined to be the father by a final paternity order pursuant to Article 3 of Chapter 7 of Title 19; or

(E) Has legitimated the child by a final order pursuant to Code Section 19-7-22

and who has not surrendered or had terminated his rights to the child.

(10.2) 'Legal mother' means the female who is the biological or adoptive mother of the child and who .has not surrendered or had terminated her rights to the child.

(10.3) 'Parent' means either the legal father or the legal mother of the child.

(10.4) 'Putative father registry' means the registry established and maintained pursuant to subsections (d) and (e) of Code Section 19-11-9.

(10.5) 'Shelter care' means:

(A) A licensed foster home or home approved by the court which may be a public or private home or the home of the noncustodial parent or a relative; or

(B) A facility operated by a licensed child welfare agency.

(11) 'Status offender' means a child who is charged with or adjudicated of an offense which would not be a crime if it were committed by an adult, in other words, an act which is only an offense because of the perpetrator's status as a child. Such offenses shall include, but are not limited to, truancy, running away from home, incorrigibility, and unruly behavior.

(12) 'Unruly child' means a child who:

(A) While subject to compulsory school attendance is habitually and without justification truant from school;

(B) Is habitually disobedient of the reasonable and lawful commands of his or her parent, guardian, or other custodian and is ungovernable;
(C) Has committed an offense applicable only to a child;

(D) Without just cause and without the consent of his or her parent or legal custodian deserts his or her home or place of abode;

(E) Wanders or loiters about the streets of any city, or in or about any highway or any public place, between the hours of 12:00 Midnight and 5:00A.M.;

(F) Disobeys the terms of supervision contained in a court order which has been directed to such child, who has been adjudicated unruly; or

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(G) Patronizes any bar where alcoholic beverages are being sold, unaccompanied by such child's parents, guardian, or custodian, or possesses alcoholic beverages; and

(H) In any of the foregoing, is in need of supervision, treatment, or rehabilitation; or
(I) Has committed a delinquent act and is in need of supervision, but not of treatment or rehabilitation.

15-11-3.

In all cases of final judgments of a juvenile court judge, appeals shall be taken to the Court of Appeals or the Supreme Court in the same manner as appeals from the superior court. However, no such judgment or order shall be superseded except in the discretion of the judge; rather, the judgment or order of the court shall stand until reversed or modified by the reviewing court.

15-114.

(a) Court of inquiry. The juvenile court shall have jurisdiction to act as a court of inquiry with all the powers and rights allowed courts of inquiry in this state and to examine or investigate into the circumstances or causes of any conduct or acts of any person 17 years of age or over that may be in violation of the laws of this state whenever the person is brought before the court in the course of any proceeding instituted under this article. The court shall cause the person to be apprehended and brought before it upon either a writ of summons, a warrant duly issued, or by arrest. Where, after hearing evidence, the court has reasonably ascertained that there is probable cause to believe that the person has committed a misdemeanor or felony as prescribed under the laws of this state, the court shall commit, bind over to the court of proper jurisdiction in this state, or discharge the person. When justice shall require, the court shall cause the person to make the bond or bail as the court shall deem proper under the circumstances, to cause the person to appear before the court of proper jurisdiction in this state to be acted upon as provided by law.

(b) Court of record. The juvenile court is a court of record, having a seal. The judge and the judge's duly appointed representatives shall each have power to administer oaths and affirmations.

(c) Issuance of warrants lYy juvenile court judge. The juvenile court judge and associate juvenile court judge shall have authority to issue a warrant for the arrest of any child for an offense committed against the laws of this state, based either on personal knowledge or the information of others given under oath.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

15-11-5.
(a) In addition to all other inherent powers of the court to enforce its lawful orders, the court may punish a person for contempt of court for willfully disobeying an order of the court or for obstructing or interfering with the proceedings of the court or the enforcement of its orders, subject to the law relating to the procedures therefor and the limitations thereon.
(b) In addition or as an alternative to the punishment provided in subsection (a) of this Code section, after notice and opportunity for hearing, the court may impose any or all of the following sanctions when a parent, guardian, or other custodian willfully violates any order issued by the court directed to that parent, guardian, or other custodian:
(1) Require the parent, guardian, or other custodian of the child to make restitution in an amount not to exceed $2,500.00 for any damage or loss caused by the child's wrongful act;
(2) Impose a fine not to exceed $1,000.00;

(3) Reimburse the state for the costs of detention, treatment, or rehabilitation of the child;

(4) Require the parent, guardian, or other custodian of the child to perform court approved community service designed to contribute to the ability of the parent, guardian, or other custodian to provide proper parental care and supervision of the child; or
(5) Require the parent, guardian, or other custodian of the child to enter into a contract or plan as a part of the disposition of any charges against the child, so as to provide for the supervision and control of the child by the parent, guardian, or custodian and reunification of the child with the parent, guardian, or custodian.
15-11-6.

(a) 'Indigent person' defined. An indigent person is one who at the time of requesting counsel is unable without undue financial hardship to provide for full payment of legal counsel and all other necessary expenses for representation.
(b) Right to legal representation. Except as otherwise provided under this article, a party is entitled to representation by legal counsel at all stages of any proceedings alleging delinquency, unruliness, incorrigibility, or deprivation and if, as an indigent person, a party is unable to employ counsel, he or she is entitled to have the court provide counsel for him or her. If a party appears without counsel, the court shall ascertain whether such party knows of his or her right to counsel and to be provided with counsel by the court if he or she is an indigent person. The court may continue the proceeding to

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enable a party to obtain counsel and shall provide counsel for an unrepresented indigent person upon the request of such a person. Counsel must be provided for a child not represented by the child's parent, guardian, or custodian. If the interests of two or more parties conflict, separate counsel shall be provided for each of them.

15-11-7.

(a) A party is entitled to the opportunity to introduce evidence and otherwise be heard in his or her own behalf and to cross-examine adverse witnesses.

(b) A child charged with a delinquent act need not be a witness against or otherwise incriminate himself or herself. An extrajudicial statement obtained in the course of violation of this article or one which would be constitutionally inadmissible in a criminal proceeding shall not be used against such child. Evidence illegally seized or obtained shall not be received over objection to establish the allegations made against a child. A confession validly made by the child out of court is insufficient to support an adjudication of delinquency unless it is corroborated in whole or in part by other evidence.

15-11-8.

(a) The following expenses shall be a charge upon the funds of the county upon certification thereof by the court:

(1) The cost of medical and other examinations and treatment of a child ordered by the court;

(2) The cost of care and support of a child committed by the court to the legal custody of an individual or a public or private agency other than the Department of Juvenile Justice, but the court may order supplemental payments, if such are necessary or desirable;

(3) Reasonable compensation for services and related expenses of counsel appointed by the court, where appointed by the court to represent the child and when appointed by the court to conduct the proceedings;

(4) Reasonable compensation for a guardian ad litem;

(5) The expense of service of summons, notices, and subpoenas, travel expenses of witnesses, transportation, subsistence, and detention of the child, and other like expenses incurred in the proceedings under this chapter; and

(6) The cost of counseling and counsel and advice required or provided under the provisions of Code Sections 15-11-57 and 15-11-68.

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(b) If, after due notice to the parents or other persons legally obligated to care for and support the child and after affording them an opportunity to be heard, the court finds that they are financially able to pay all or part of the costs and expenses stated in subsection (a) of this Code section, the court may order them to pay the same and prescribe the manner of payment. In addition, the court may order payment from the parents or other legally obligated persons to reimburse all or part of the costs and expenses of the Department of Human Resources for treatment, care, and support of the child. Unless otherwise ordered, payment shall be made to the clerk of the court for remittance to the person or agency, including the Department of Human Resources, to whom compensation is due or, if the costs and expenses have been paid by the county, to the appropriate officer of the county.

15-11-9.

(a) As used in this Code section, the term 'court appointed special advocate' means a volunteer who has been screened and trained regarding deprivation, child development, and juvenile court procedures and has been appointed as a guardian ad litem by the court in a deprivation case.

(b) The court at any stage of a proceeding under this article, on application of a party or on its own motion, shall appoint a guardian ad litem for a child who is a party to the proceeding if the child has no parent, guardian, or custodian appearing on the child's behalf or if the interests of the parent, guardian, or custodian appearing on the child's behalf conflict with the child's interests or in any other case in which the interests of the child require a guardian. A party to the proceeding or the employee or representative of a party to the proceeding shall not be appointed. In deprivation cases, an attorney or court appointed special advocate, or both, may be appointed as the child's guardian ad litem.

15-11-10.

(a) As used in this Code section, the term 'program' means a community based risk reduction program established pursuant to this Code section.

(b) Any court may by order establish within the geographical jurisdiction of the court a court approved community based risk reduction program for the purpose of utilizing available community resources in assessment and intervention in cases of delinquency, deprivation, or unruliness. Subject to the procedures, requirements, and supervision established in the order creating such program, any individual and any public or private agency or entity may participate in the program.

(c) In any jurisdiction within which a program has been established, when a child comes before the court for disposition in any case involving delinquency, deprivation, or unruliness, the court may order that an assessment

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be made of the child and the circumstances resulting in the child being before the court. The assessment would be developed by assembling existing information and individualized plans of the agencies involved in providing services to the child and his or her family. The court may further order that, if the assessment demonstrates a need therefor, a case plan may be developed by a panel representing community agencies as authorized by the court, which plan may be amended or revised from time to time by the court or by the panel taking into consideration requests for revision made by a parent, the parents, or a guardian. Upon request, the child or the parents, or both, may be present during any review of the child's case by the panel. Such case plan shall contain the proposed actions and alternatives for the proper and efficient use of available community resources to assist the child. The case plan shall be served on the child and the child's parent, parents, or guardian. Included with the case plan shall be a cover letter which contains the following information: (1) sources to explain to the recipient of the case plan the process, procedures, and penalties for not responding to the court order in the prescribed time period; and (2) the deadline for responding to the court order and stating objections to the case plan or any portion thereof, which shall be ten days from the date of service. If no objection is made or if the child, parent, parents, or guardian consents to the case plan, the case plan shall be incorporated into and made a part of the disposition order entered in the case by entry of a supplemental order. The case plan may be modified by the court at any time the child is under the jurisdiction of the court. If a child or a parent or guardian objects to the case plan, the court shall conduct a hearing, at which the court may decline to adopt the case plan or may confirm or modifY the case plan. In implementing a case plan, the court shall have available all of the protective powers set forth in Code Section 15-11-11, without the necessity of a show cause hearing, unless objection is made to the case plan. Code Section 15-11-11 should provide interventions reasonably necessary to effect the appropriate treatment plan for the protection and benefit of the child.

(d) Notwithstanding any provision contained in this article, in this Code, or in any rule or regulation adopted by any department, board, or agency of the state to the contrary, the court and any individual, public or private agency, or other entity participating in a program established pursuant to this Code section may exchange, as necessary, information, medical records, school records, records of adjudication, treatment records, and any other records or information which may aid in the assessment of and intervention with the children and families in the program. Such information shall be used by such individuals and agencies only for the purposes provided in this Code section and as authorized by the court for the purpose of implementing the case plan and for the purposes permitted under each agency's own rules and regulations. Such information shall not be released to any other

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individual or agency except as may be necessary to effect the appropriate treatment or intervention as provided in the case plan. Such information shall otherwise remain confidential and the court may punish any violations of confidentiality as contempt of court. Any person who authorizes or permits any person or agency not listed in Code Section 49-5-41, Code Section 19-7-5, or this Code section to have access to such records concerning reports of child abuse declared confidential by Code Section 49-5-40 shall be guilty of a misdemeanor. Any person who knowingly and under false pretenses obtains or attempts to obtain records or reports of child abuse declared confidential by Code Section 49-5-40 or information contained therein except as authorized by Code Section 49-5-41, Code Section 19-7-5, or this Code section shall be guilty of a misdemeanor. Records made confidential by Code Section 49-5-40 and information obtained from such records may not be made a part of any record which is open to the public except that a district attorney may use and make public that record or information in the course of any criminal prosecution for any offense which constitutes or results from child abuse. This Code section shall not abridge the provisions of Code Section 37-3-166, 37-4-125, or 37-7-166 relating to confidentiality of patient or client records and shall not serve to destroy or in any way abridge the confidential or privileged character thereof.

(e) (1) As part of a program, a court may implement or adopt an early intervention program designed to identify children and families who are at risk of becoming involved with the court through petitions alleging that a child is delinquent, deprived, or unruly. Such early intervention program shall be for the purpose of developing and implementing intervention actions or plans to divert the children and their families from becoming involved in future cases in the court. The involvement of the judge of the court shall be for the limited purpose of facilitating the development of the program and for the purpose of protecting the confidentiality of the children and families participating in the program.

(2) As part of such an early intervention program, the court may enter into protocol agreements with school systems within the court's jurisdiction, the county department of family and children services, the county department of health, any state or local department or agency, any mental health agency or institution, local physicians or health care providers, licensed counselors and social workers, and any other social service, charitable, or other entity or any individual functioning within the jurisdiction of the court and with any other agency or individual providing educational or treatment services to families and children within the jurisdiction of the court. Such protocol agreements shall authorize those persons and agencies entering into them to exchange confidential information in the same manner and subject to the same restrictions, conditions, and penalties as provided in subsection (d) of this Code section.

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(3) When any agency or entity partiCipating in a protocol agreement under this subsection identifies a child who is at risk of becoming delinquent, deprived, or unruly, the agency or entity shall refer the case to a multiagency staffing panel. The panel shall develop a multiagency intervention plan for the child. The child or the parents, or both, may be present during any review of the child's case by the panel. The parents or guardian of the child shall be notified of the plan by the agency making the referral or by a person or entity designated by the panel to administer the program. The staff of the court, but not the judge, shall work with the other agencies involved to educate the parents and the child on the importance of following the plan and on the consequences if either the parents or the child is referred to the court. If an intervention plan is developed for a child and the parent or parents or guardian consents to the plan, the failure to comply with the plan or any portion thereof may constitute the basis for a referral to the department of family and children services as shall be provided in the protocol agreement.

15-11-11.

(a) On application of a party or on the court's own motion, the court may make an order restraining or otherwise controlling the conduct of a person if an order of disposition of a child has been or is about to be made in a proceeding under this article and due notice of the application or motion and the grounds therefor and an opportunity to be heard thereon have been given to the person against whom the order is directed. Such an order may require any such person:

(1) To stay away from the home or the child;

(2) To permit a parent to visit the child at stated periods;

(3) To abstain from offensive conduct against the child, the child's parent, or any person to whom custody of the child is awarded;

(4) To give proper attention to the care of the home;

(5) To cooperate in good faith with an agency to which custody of a child is entrusted by the court or with an agency or association to which the child is referred by the court;

(6) To refrain from acts of commission or omission that tend to make the home not a proper place for the child;

(7) To ensure that the child attends school pursuant to any valid law relating to compulsory attendance;

(8) To participate with the child in any counseling or treatment deemed necessary after consideration of employment and other family needs; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(9) To enter into and complete successfully a substance abuse program approved by the court.
(b) Mter notice and opportunity for hearing afforded to a person subject to a protective order, the order may be modified or extended for a further specified period, or both, or may be terminated if the court finds that the best interests of the child and the public will be served thereby.

(c) Protective orders may be enforced by citation to show cause for contempt of court by reason of any violation thereof and, where protection of the welfare of the child so requires, by the issuance of a warrant to take the alleged violator into custody and bring him or her before the court.

15-11-12.

(a) If the allegations of a petition alleging delinquency, unruliness, or deprivation are admitted by a party or if notice of a hearing under Code Section 15-11-30.2 has been given, the court prior to the hearing on need for treatment or rehabilitation and disposition may direct that a social study and report in writing to the court be made by the probation officer of the court or other person designated by the court, concerning the child, the child's family, the child's environment, and other matters relevant to disposition of the case. If the allegations of the petition are not admitted and notice of a hearing under Code Section 15-11-30.2 has not been given, the court shall not direct the making of the study and report until after the court has heard the petition upon notice of hearing given pursuant to this article and has found that the child committed a delinquent act or is an unruly or deprived child.

(b) During the pendency of any proceeding, the court may order the child to be examined at a suitable place by a physician or psychologist and may also order medical or surgical treatment of a child who is suffering from a serious physical condition or illness which, in the opinion of a licensed physician, requires prompt treatment, even if the parent, guardian, or other custodian has not been given notice of a hearing, is not available, or without good cause informs the court of his or her refusal to consent to the treatment.

15-11-13.

A custodian to whom legal custody has been given by the court under this article has the right to physical custody of the child, the right to determine the nature of the care and treatment of the child, including ordinary medical care, and the right and duty to provide for the care, protection, training, and education and the physical, mental, and moral welfare of the child, subject to the conditions and limitations of the order and to the remaining rights and duties of the child's parents or guardian.

GEORGIA lAWS 2000 SESSION

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15-11-14.
(a) Notwithstanding Code Section 15-11-45 or any other provlSlon of law, the Department of Human Resources is authorized to provide emergency care and supervision to any child without seeking a court order for a period not to exceed seven days when:
(1) As a result of an emergency or illness, the person who had physical and legal custody of the child or children is unable to provide for the care and supervision of the child or children, and such person or a law enforcement officer, emergency personnel employed by a licensed ambulance provider, fire rescue personnel, or a hospital administrator or his or her designee requests that the department exercise such emergency custody;
(2) The child or children are not at imminent risk of abuse or neglect, other than the risks arising from being without a caretaker.
During such period, the department shall endeavor to place the child or children with a relative of the parent or guardian, in shelter care, or in emergency foster care, or shall make other appropriate placement arrangements. The department shall have the same rights and powers with regard to the child or children as does the custodial parent or other legal custodian.
(b) Immediately upon recelVlng custody of the child or children, the department shall begin a diligent search for a relative or other designee of the parent who can provide for the care and supervision of the child or children.
(c) At any time during such seven-day period, upon the parent or guardian's notification to the department that the parent or guardian, or a relative or designee thereof, is able to provide care to and exercise control over the child or children, the department shall release the child or children to the person having custody of the child or children at the time the child or children were taken into the custody of the department or to such person's relative or designee except as provided in subsection (d) of this Code section.

(d) Upon the expiration of such seven-day period, if the child or children have not been released pursuant to subsection (c) of this Code section or if the department determines that there is an issue of neglect, abandonment, or abuse, the department shall promptly contact a juvenile court intake officer or bring the child or children before the juvenile court pursuant to Code Section 15-11-47 or 15-11-49. If, upon making an investigation, the intake or other authorized officer of the court finds that shelter care is warranted for the child or children, then, for purposes of this chapter, the child or children shall be deemed to have been placed in shelter care at the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

time such finding was made. The department may take such other and further actions under this article and all other provisions of law, as are authorized and appropriate, with regard to the child or children.
(e) During the period when a child is in the care and supervision of the department pursuant to this Code section, the department shall have the same authority to consent to medical treatment for the child as does the child's custodial parent or other legal custodian.
(f) The department and its successors, agents, assigns, and employees shall be immune from any and all liability for providing care and supervision for a child pursuant to subsection (a) of this Code section, for consenting to medical treatment for the child pursuant to subsection (e) of this Code section, and for releasing the child pursuant to subsection (c) of this Code section.
Part 2
15-11-18.
(a) Creation. There is created a juvenile court in every county in the state.
(b) Appointment; authority; judgeships in existence on or before july 1, 1983. The judge or a majority of the judges of the superior court in each circuit in the state may appoint one or more qualified persons as judge of the juvenile courts of the circuit, unless otherwise provided by a local Act. Each judge appointed will have the authority to act as judge of each juvenile court in the circuit. If no person is appointed a juvenile judge for the circuit, then the superior court judge or judges of the circuit shall assume the duties of the juvenile judge in all counties in the circuit in which a separate juvenile court judgeship had not been established as part of the duties of the superior court judge. All juvenile court judgeships, their methods of compensation, selection, and operation, established on or before July 1, 1983, shall continue until such time as a circuit-wide juvenile court judge is appointed or until terminated by two successive recommendations of the grand juries of the county with the concurrence of the judge or judges of the superior court of the circuit. However, in any circuit where a superior court judge assumes the duties of the juvenile judge, such circuit shall not be entitled to the state funds provided for in subsection (d) of this Code section.
(c) Fulfilling preexisting terms; jurisdiction. When a circuit-wide juvenile court judge is appointed, any juvenile judge in office at that time shall be authorized to fulfill his or her term of office. The jurisdiction of each judge shall be circuit-wide.
(d) Terms and compensation of judges.

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(1) Each juvenile judge appointed under this article shall serve for a term of years equal to that of the superior court judges of the circuit. Except as otherwise provided by law, the compensation of the juvenile judge shall be set by the judge or judges of the superior court with the approval of the governing authority or governing authorities of the county or counties for which the juvenile judge is appointed. The state, out of funds appropriated to the judicial branch of government, shall contribute toward the salary of the judges on a per circuit basis in the following amounts:
(A) Circuits with a population of 400,000 or more according to the United States decennial census of 1980
or any future such census. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35,000.00

(B) Circuits with a population of 150,000 or more but less than 400,000 according to the United States decennial census of 1980 or any future such census.................. 25,000.00

(C) Circuits with a population of 100,000 or more but less than 150,000 according to the United States decennial census of 1980 or any future such census..................
(D) Circuits with a population of 70,000 or more but less than 100,000 according to the United States decennial census of 1980 or any future such census..................

15,000.00 10,000.00

(E) Circuits with a population of less than 70,000 according to the United States decennial census of 1980 or any future such census............................

5,000.00

No state funds shall be available for the above contributions toward the salary of the judges on a per circuit basis until the General Assembly has appropriated funds for that specific purpose.

(2) The remaining amount of the salary of the juvenile judge provided for in paragraph (1) of this subsection shall be paid by the counties comprising the judicial circuit in the ratio which the population of the county bears to the total population of the counties comprising said circuit as shown by the latest official decennial census.

(e) Q}talifications of judges. No person shall be judge of the juvenile court unless, at the time of appointment, such person has attained the age of 30 years, has been a citizen of the state for three years, and has practiced law for five years. A juvenile court judge shall be eligible for reappointment.

(f) Presiding judgi. In the event that more than one juvenile court judge is appointed, one shall be designated presiding judge.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(g) Practice of law lly judges. It shall be unlawful for the judge of any juvenile court to engage directly or indirectly in the practice of law in his or her own name or in the name of another as a partner or in any manner in any case, proceeding, or matter of any kind in his or her own court or in any other court in any case, proceeding, or any other matters of which his or her own court has pending jurisdiction or has had jurisdiction. It shall be unlawful for any juvenile court judge to give advice or counsel to any person on any matter of any kind whatsoever which has arisen directly or indirectly in his or her own court, except such advice or counsel as the juvenile judge is called upon to give while performing the duties as juvenile court judge.
(h) Action lly superior court judges. In any case in which action under this Code section is to be taken by the judge of the superior court of a county, such action shall be taken by a majority vote of the judges of the superior court of the judicial circuit encompassing the county where there are more than two superior court judges. Where there are two superior court judges of a county or judicial circuit encompassing a county, any action under this Code section shall be taken by the chief judge of the superior court circuit.
(i) Administration and expenses. Each juvenile court created under this article shall be assigned and attached to the superior court of the county for administrative purposes. All expenditures of the court are declared to be an expense of the court and payable out of the county treasury with the approval of the governing authority or governing authorities of the county or counties for which the juvenile judge is appointed.

15-11-18.1.

(a) Whenever a juvenile court judge is appointed pursuant to Code Section 15-11-18, it shall be the duty of the clerk of the superior court to forward to the Secretary of State and to the Council ofJuvenile Court Judges a certified copy of the order of appointment. The order of appointment shall set out the name of the person appointed, the term of office, the effective date of the appointment, the name of the person being succeeded, if any, and whether the office was vacated by resignation, death, or otherwise. Upon receipt of said order, the Secretary of State shall issue a commission as for superior court judges.
(b) Whenever an associate juvenile court judge is appointed to serve in a juvenile court, the clerk of the court shall forward a certified copy of the order of appointment to the Council of Juvenile Court Judges.
15-11-19.

(a) All of the judges and associate judges of the courts exercising jurisdiction over children shall constitute a Council of Juvenile Court Judges. The council shall annually elect from among its members a judge to serve as presiding judge and chairperson of the council. The council shall meet at

GEORGIA lAWS 2000 SESSION

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stated times to be fixed by it, on call of the chairperson. It may establish general policies for the conduct of courts exercising jurisdiction over children and may promulgate uniform rules and forms governing procedures and practices of the courts. It shall publish an annual report of the work of the courts exercising jurisdiction over children, which shall include statistical and other data on the courts' work and services, research studies it may make of the problems of children and families dealt with by the courts, and any recommendations for legislation. The council is authorized to inspect and copy records of the court, law enforcement agencies, and the Department of Human Resources for the purpose of compiling statistical data on children.
(b) Subject to the approval of the council, the presiding judge shall appoint a chief administrative and executive officer for the council, who shall have the title of director of the council. Under the general supervision of the presiding judge and within the policies established by the council, the director shall:
( 1) Provide consultation to the courts regarding the administration of court services and the recruitment and training of personnel;

(2) Make recommendations to the council for improvement in court services;

(3) With the approval of the presiding judge, appoint consultants and necessary clerical personnel to perform the duties assigned to the council and the director;

(4) Collect necessary statistics and prepare an annual report of the work of the courts;

(5) Promulgate in cooperation with the Department of Juvenile Justice or any successor department or agency standard procedures for coordinating state and local probation services throughout the state; and

(6) Perform such other duties as the presiding judge shall specify. 15-11-20.

(a) The Council of Juvenile Court Judges, in conjunction with the Institute of Continuing Judicial Education of Georgia, shall establish seminars for all judges and associate juvenile court judges exercising juvenile court jurisdiction and may make provisions relative to those seminars by court rules properly adopted; provided, however, that said judges shall receive credit for attending seminars outside of this state only in circumstances of hardship as determined by the Council of Juvenile Court Judges.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) These seminars shall offer instruction and training in juvenile law and procedure, child development and psychology, sociological theories relative to delinquency and breakdown of the family structure, and such other training and activities as the council may determine would promote the quality of justice in the juvenile court system.
(c) Expenses of administration of this seminar program and actual expenses incurred by the judges or associate juvenile court judges in attending these seminars shall be paid from state funds appropriated for the council for that purpose, from federal funds available to the council for that purpose, or from other appropriate sources. These expenses for judges and associate juvenile court judges shall not exceed the allowances allowed members of the General Assembly.
(d) Each judge and associate juvenile court judge exercising juvenile jurisdiction shall participate in at least one seminar established or approved by the Council ofJuvenile Court Judges each year and meet such rules as established by the council pertaining to such training. Superior court judges may meet this requirement by attending seminars held in conjunction with the seminars for superior court judges provided by the Institute of Continuing Judicial Education of Georgia. Judges and associate juvenile court judges shall not exercise juvenile court jurisdiction after January 1, 1983, unless the Council of Juvenile Court Judges certifies that annual training has been accomplished or unless the judge is in the first year of his or her initial appointment; provided, however, that the council may in hardship cases extend deadlines for compliance with this Code section.
15-11-21.
(a) The judge may appoint one or more persons to serve as associate juvenile court judge in juvenile matters on a full-time or part-time basis. The associate juvenile court judge shall serve at the pleasure of the judge, and his or her salary shall be fixed by the judge with the approval of the governing authority or governing authorities of the county or counties for which the associate juvenile court judge is appointed. The salary of each associate juvenile court judge shall be paid from county funds. Except as provided in subsection (b) of this Code section, an associate juvenile court judge shall be a member of the State Bar of Georgia or shall be a graduate of a law school; provided, however, that any person serving as a referee on July 1, 1983, shall be qualified for appointment thereafter to serve as an associate juvenile court judge.
(b) In each county having a population of 75,000 or more according to the United States decennial census of 1990 or any such future census and which employs a full-time juvenile court judge, each associate juvenile court judge appointed after July 1, 1994, shall have the same qualifications as required for a judge of the juvenile court as provided in subsection (e) of Code Sec-

GEORGIA LAWS 2000 SESSION

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tion 15-11-18; provided, however, that any person serving as a referee on July 1, 1983, shall be qualified for appointment thereafter to serve as an associate juvenile court judge.
(c) The judge may direct that hearings in any case or class of cases involving alleged delinquent, unruly, or deprived children shall be conducted in the first instance by the associate juvenile court judge in the manner provided by this article. If a party so requests, the hearing shall be conducted by the judge except for detention hearings or probable cause hearings, which shall be conducted by the associate juvenile court judge if directed to do so by the judge.
(d) Upon the conclusion of a hearing before an associate juvenile court judge, the associate juvenile court judge shall sign and file an order of the court which sets forth the decision made by the associate juvenile court judge. A copy of the order shall be given to the parties to the proceedings.
(e) A rehearing may be ordered by the judge at any time and, except for detention hearings or probable cause hearings, shall be ordered if a party files a written request therefor within five days after receiving a copy of the order of the associate juvenile court judge.

15-11-22.
(a) The judge may appoint one or more persons to serve at the pleasure of the judge as associate juvenile court traffic judges on a full-time or part-time basis. An associate juvenile court traffic judge shall be a member of the State Bar of Georgia or shall be otherwise qualified by experience and training. The compensation of the associate juvenile court traffic judges shall be fixed by the judge with the approval of the governing authority of the county and shall be paid in equal monthly installments from county funds, unless otherwise provided by law.
(b) The court may direct that any case or class of cases arising under Code Section 15-11-73 shall be heard in the first instance by an associate juvenile court traffic judge who shall conduct the hearing in accordance with Code Section 15-11-73. Upon the conclusion of the hearing, the associate juvenile court traffic judge shall file an order of the court with a copy thereof to the child and other parties to the proceedings.
15-11-23.
In the event of the disqualification, illness, or absence of the judge of the juvenile court, the judge of the juvenile court may appoint any attorney at law resident in the judicial circuit in which the court lies, any judge or senior judge of the superior courts, or any duly appointed juvenile court judge to serve as judge pro tempore of the juvenile court. In the event the judge of the juvenile court is absent or unable to make such appointment, the judge

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GENERAL ACTS AND RESOLUTIONS, VOL. I

of the superior court of that county may so appoint. The person so appointed shall have the authority to preside in the stead of the disqualified, ill, or absent judge and shall be paid from the county treasury such emolument as the appointing judge shall prescribe; provided, however, that the emolument shall not exceed the compensation received by the regular juvenile court judge for such services.
15-11-24.
The judge of the juvenile court shall have the authority to appoint clerks and any other personnel necessary for the execution of the purposes of this chapter. The compensation of the employees shall be fixed by the judge, with the approval of the governing authority of the county. The salaries of the employees shall be paid out of county funds. All appointments shall be made from eligible lists secured from the local merit boards in those counties where such boards exist or from lists established by competitive examinations conducted by the court. The appointment, salary, tenure, and all other conditions of employment of the employees shall be in accordance with the laws and regulations governing the merit system in operation or such rules and regulations as are established by the court. Any employee of the court may be removed for cause by the judge of the court, the reasons therefor to be assigned in writing.
15-11-24.1.
The judge may appoint one or more probation officers who shall have the powers and duties stated in Code Section 15-11-24.2. The salaries of the probation officers shall be fixed by the judge with the approval of the governing authority of the county or counties for which they are appointed and shall be payable from county funds.
15-11-24.2.

A probation officer:

(1) Shall make investigations, reports, and recommendations to the court as directed by this article;

(2) Shall receive and examine complaints and charges of delinquency, unruly conduct, or deprivation of a child for the purpose of considering the commencement of proceedings under this article;
(3) Shall supervise and assist a child placed on probation or in the protective supervision or care of such probation officer by order of the court or other authority of law;

(4) Shall make appropriate referrals to other private or public agencies of the community if their assistance appears to be needed or desirable;

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(5) May take into custody and detain a child who is under the supervision or care of such probation officer as a delinquent, unruly, or deprived child if the probation officer has reasonable cause to believe that the child's health or safety or that of another is in imminent danger, or that the child may abscond or be removed from the jurisdiction of the court, or when so ordered by the court pursuant to this article. A probation officer may not conduct accusatory proceedings against a child who is or may be under such probation officer's care or supervision;

(6) Shall perform all other functions designated by this chapter or by order of the court pursuant thereto. Any of the functions specified in this Code section may be performed in another state if authorized by the court located in this state and permitted by the laws of the other state; and
(7) Other laws to the contrary notwithstanding, no county juvenile intake or probation officer or staff of the Department of Juvenile Justice serving as juvenile intake or probation officer shall be liable for the acts of any child not detained or taken into custody as provided in paragraph (5) of this Code section when, in the judgment of such officer, such detention or custody is not warranted.

15-11-24.3. (a) As used in this Code section, the term:

(1) 'Department' means the Department of Juvenile Justice.
(2) 'Probation and intake employees' means any probation officer specified in Code Section 15-11-24.1 and any personnel of a juvenile court to whom are delegated the duties of an intake officer under this article, other than a juvenile court judge, associate juvenile court judge, or court service worker.

(3) 'Probation and intake services' means those services provided by probation and intake employees for the juvenile court of a county.

(b) Mter June 30, 1992, the intake and probation services of the juvenile court of each county may be transferred to and become a part of the statewide juvenile and intake services and fully funded through the department. The intake and probation employees of juvenile courts of those counties whose intake and probation services are transferred pursuant to this Code section shall become employees of the department on the date of such transfer and on and after that date such employees shall be subject to the salary schedules and other personnel policies of the department, except that the salaries of such employees shall not be reduced as a result of becoming employees of the department.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) The intake and probation services of the juvenile court of a county may be transferred to the department pursuant to this Code section by local Act of the General Assembly which approves such transfer and becomes effective after June 30, 1992.
Part 3

15-11-28.

(a) Exclusive original jurisdiction. Except as provided in subsection (b) of this Code section, the court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action:

(1) Concerning any child:

(A) Who is alleged to be delinquent;

(B) Who is alleged to be unruly;

(C) Who is alleged to be deprived;
(D) Who is alleged to be in need of treatment or commitment as a mentally ill or mentally retarded child;
(E) Who is alleged to have committed a juvenile traffic offense as defined in Code Section 15-11-73; or
(F) Who has been placed under the supervision of the court or on probation to the court; provided, however, that such jurisdiction shall be for the sole purpose of completing, effectuating, and enforcing such supervision or a probation begun prior to the child's seventeenth birthday; or
(2) Involving any proceedings:

(A) For obtaining judicial consent to the marriage, employment, or enlistment in the armed services of any child if such consent is required by law;
(B) Under the Interstate Compact on Juveniles, or any comparable law, if enacted or adopted in this state;
(C) For the termination of the legal parent-child relationship and the rights of the biological father who is not the legal father of the child, other than that in connection with adoption proceedings under Chapter 8 of Title 19, in which the superior courts shall have concurrent jurisdiction to terminate the legal parent-child relationship and the rights of the biological father who is not the legal father of the child; or

GEORGIA LAWS 2000 SESSION

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(D) Under Article 3 of this chapter, relating to prior notice to a parent or guardian relative to an unemancipated minor's decision to seek an abortion.
(b) Criminal jurisdiction.
(1) Except as provided in paragraph (2) of this subsection, the court shall have concurrent jurisdiction with the superior court over a child who is alleged to have committed a delinquent act which would be considered a crime if tried in a superior court and for which the child may be punished by loss of life, imprisonment for life without possibility of parole, or confinement for life in a penal institution.
(2) (A) The superior court shall have exclusive jurisdiction over the trial of any child 13 to 17 years of age who is alleged to have committed any of the following offenses:

(i) Murder;

(ii) Voluntary manslaughter;

(iii) Rape; (iv) Aggravated sodomy;

(v) Aggravated child molestation;

(vi) Aggravated sexual battery; or (vii) Armed robbery if committed with a firearm.

(A.1) The granting of bail or pretrial release of a child charged with an offense enumerated in subparagraph (A) of this paragraph shall be governed by the provisions of Code Section 17-6-1.

(B) Mter indictment, the superior court may after investigation and for extraordinary cause transfer any case involving a child 13 to 17 years of age alleged to have committed any offense enumerated in subparagraph (A) of this paragraph which is not punishable by loss of life, imprisonment for life without possibility of parole, or confinement for life in a penal institution. Any such transfer shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. Any case transferred by the superior court to the juvenile court pursuant to this subparagraph shall be subject to the designated felony provisions of Code Section 15-11-63 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that such case is subject to the designated felony provisions of Code Section 15-11-63.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(C) Before indictment, the district attorney may, after investigation and for extraordinary cause, decline prosecution in the superior court of a child 13 to 17 years of age alleged to have committed an offense specified in subparagraph (A) of this paragraph. Upon declining such prosecution in the superior court, the district attorney shall immediately withdraw the case and lodge it in the appropriate juvenile court for adjudication. Any case transferred by the district attorney to the juvenile court pursuant to this subparagraph shall be subject to the designated felony provisions of Code Section 15-11-63 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that such case is subject to the designated felony provisions of Code Section 15-11-63.
(D) The superior court may transfer any case involving a child 13 to 17 years of age alleged to have committed any offense enumerated in subparagraph (A) of this paragraph and convicted of a lesser included offense not included in subparagraph (A) of this paragraph to the juvenile court of the county of the child's residence for disposition. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate.

(E) 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 exclusive jurisdiction as provided in subparagraph (A) of this paragraph or adjudicated delinquent 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. A local school system to which the child is assigned may request further information from the court's file.

(c) Concurrent custody and support jurisdiction. Where custody is the subject of controversy, except in those cases where the law gives the superior courts exclusive jurisdiction, in the consideration of these cases the juvenile court shall have concurrent jurisdiction to hear and determine the issue of custody and support when the issue is transferred by proper order of the superior court.
(d) Age limit for new actions. The juvenile court shall not have jurisdiction to initiate any new action against an individual for acts committed after he or she has reached the age of 17 years. This subsection does not affect the court's jurisdiction to enter extension orders pursuant to Code Section 1511-58.

(e) Concurrent jurisdiction as to legitimation petitions.

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(1) The juvenile court shall have concurrent jurisdiction to hear any legitimation petition transferred to the juvenile court by proper order of the superior court.
(2) The juvenile court shall have jurisdiction to hear any legitimation petition filed pursuant to Code Section 19-7-22 as to a child with respect to whom a deprivation proceeding is pending in the juvenile court at the time the legitimation petition is filed.
(3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, after a petition for legitimation is granted, if a demand for a jury trial as to support has been properly filed by either parent, then the case shall be transferred to superior court for such jury trial.

15-11-29.
(a) A proceeding under this article may be commenced in the county in which the child resides. If delinquent or unruly conduct is alleged, the proceeding may be commenced in the county in which the acts constituting the alleged delinquent or unruly conduct occurred. If deprivation is alleged, the proceeding may be brought in the county in which the child is present when it is commenced; provided, however, that for the convenience of the parties and witnesses, the court may transfer the proceeding to the county in which the child resides. If the proceeding is transferred, certified copies of all legal and social documents and records pertaining to the proceeding on file with the clerk of court shall accompany the transfer. A juvenile court judge, an associate juvenile court judge, a judge pro tempore of the juvenile court, or any person sitting as a juvenile court judge may conduct hearings in connection with any proceeding under this article in any county within the judicial circuit.

(b) When a superior court judge sits as juvenile court judge, hearings in connection with any proceeding under this article may be heard before the judge in any county within the judicial circuit over which the judge presides.
15-11-30.

(a) As used in this Code section, the term:

(1) 'Adjudicating court' means the juvenile court which makes a finding that a child has committed an unruly or delinquent act.

(2) 'Nonresident child' means a child who is a resident of a county of this state other than a county encompassed by the circuit of the adjudicating court.

(3) 'Resident child' means a child who is a resident of a county encompassed by the circuit of the adjudicating court.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) Except as provided in subsection (c) of this Code section, if the adjudicating court finds that a nonresident child has committed an unruly or delinquent act, the adjudicating court may after adjudication of delinquency or unruliness retain jurisdiction over the disposition of the nonresident child or may transfer the proceeding to the county of the child's residence for disposition. Like transfer may be made if the residence of the child changes pending the proceeding. Prior to making any order for disposition of the nonresident child, the adjudicating court shall, if it retains jurisdiction, communicate to the court of the county of the child's residence the fact of the adjudication of delinquency or unruliness. This communication shall state the date upon which the adjudicating court plans to enter an order for disposition of the nonresident child and shall request any information or recommendations relevant to the disposition of the nonresident child. Any such recommendation shall be considered by but shall not be binding upon the adjudicating court in making its order for disposition.
(c) If the adjudicating court finds that a nonresident child has committed an unruly or delinquent act and that the court has jurisdiction over one or more resident children who also participated in the same delinquent or unruly act, then the adjudicating court may retain jurisdiction over the disposition of the nonresident child or may transfer the proceedings as provided in subsection (b) of this Code section. Prior to making any order for disposition of the nonresident child the adjudicating court shall, if it retains jurisdiction, communicate to the court of the county of the child's residence the fact of the adjudication of delinquency or unruliness. This communication shall state the date upon which the adjudicating court plans to enter an order for disposition of the nonresident child and shall request any information or recommendations relevant to the disposition of the nonresident child. Any such recommendations shall be considered by but shall not be binding upon the adjudicating court in making its order for disposition.
(d) When any case is transferred pursuant to subsection (b) of this Code section certified copies of all legal and social documents and records pertaining to the case on file with the clerk of the court shall accompany the transfer.

15-11-30.1.

(a) The court is vested with jurisdiction to appoint a guardian of the person or property of any child and with jurisdiction over proceedings involving any child whose custody is the subject of controversy. Any such appointment shall be made pursuant to the same requirements of notice and hearing as are provided for appointments of guardians of the persons and properties of minors by the judge of the probate court.

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(b) Courts of record, in handling divorce, alimony, or habeas corpus cases involving the custody of a child or children, may transfer the question of the determination of custody and support to the juvenile court for investigation and a report back to the superior court or for investigation and determination. If the referral is for investigation and determination, then the juvenile court shall proceed to handle the matter in the same manner as though the action originated under this article in compliance with the order of the superior court. At any time prior to the determination of such question, the juvenile court may transfer the jurisdiction of the question back to the referring superior court.
15-11-30.2.
(a) Except as otherwise provided in subsection (b) of this Code section, after a petition has been filed alleging delinquency based on conduct which is designated a crime or public offense under the laws, including local ordinances, the court before hearing the petition on its merits may transfer the offense for prosecution to the appropriate court having jurisdiction of the offense if:
(1) A hearing on whether the transfer should be made is held in conformity with Code Sections 15-11-6, 15-11-7, and 15-11-41;
(2) Notice in writing of the time, place, and purpose of the hearing is given to the child and the child's parents, guardian, or other custodian at least three days before the hearing;
(3) The court in its discretion determines there are reasonable grounds to believe that:
(A) The child committed the delinquent act alleged;
(B) The child is not committable to an institution for the mentally retarded or mentally ill; and
(C) The interests of the child and the community require that the child be placed under legal restraint and the transfer be made; and
(4) The child was at least 15 years of age at the time of the alleged delinquent conduct or the child was 13 or 14 years of age and committed an act for which the punishment is loss of life or confinement for life in a penal institution.
(b) Mter a petition has been filed alleging delinquency based on conduct which is designated a crime or public offense under the laws, including local ordinances, the court before hearing the petition on its merits shall transfer the offense for prosecution to the appropriate court having jurisdiction of the offense if:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) A hearing on whether the transfer should be made is held in conformity with Code Sections 15-11-6, 15-11-7, and 15-11-41;

(2) Notice in writing of the time, place, and purpose of the hearing is given to the child and the child's parents, guardian, or other custodian at least three days before the hearing;

(3) The court in its discretion determines there are reasonable grounds to believe that the child while confined to a youth development center committed the offense of murder, voluntary manslaughter, aggravated assault, or aggravated battery as defined in Chapter 5 of Title 16; and

(4) The child was at least 14 years of age at the time of the alleged conduct described in paragraph (3) of this subsection.

(c) The transfer terminates the jurisdiction of the juvenile court over the child with respect to an adjudication of delinquency as to the delinquent acts alleged in the petition.
(d) No child, either before or after reaching 17 years of age, shall be prosecuted for an offense previously committed unless the case has been transferred as provided in this Code section.

(e) Statements made by the child at any hearing under this article are not admissible against the child over objection in the criminal proceedings following the transfer.

(f) This Code section shall not apply to any proceeding within the exclusive jurisdiction of the superior court pursuant to subparagraph (b) (2) (A) of Code Section 15-11-28.

15-11-30.3.

(a) Mter a petition has been filed alleging that a child 15 years of age or older has committed a designated felony act, the court shall follow the procedure specified in this Code section if the designated felony act alleged to have been committed would have constituted the crime of burglary if done by an adult and the child has been found at separate court appearances to have committed acts which would have constituted the crime of burglary if done by an adult on three or more previous occasions.

(b) If this Code section applies, the court shall hold a hearing in conformity with Code Sections 15-11-6, 15-11-7, and 15-11-41. Notice shall be given in writing of the time, place, and purpose of the hearing to the child and the child's parents, guardian, or other custodian at least three days before the hearing.

(c) If at the hearing the court determines that there are reasonable grounds to believe that the child committed the designated felony act alleged, the court shall transfer the offense to superior court for prosecution. The trans-

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fer terminates the jurisdiction of the juvenile court over the child with respect to the designated felony act al.lege~. The transf~r order shall constitute a determination by a court of mqmry that there ts probable cause to commit the child as a defendant to the criminal court competent to try the child. Mter such a transfer, until and unless a judgment of guilt is entered and sentence pronounced, the child shall be detained only as provided in subsection (a) of Code Section 15-11-48.
(d) Upon the transfer of any matter to superior court under this Code section, the district attorney shall after investigation report to the judge whether the matter should be retransferred to juvenile court; and the superior court may upon such a report or on its own motion order the matter retransferred to juvenile court. Mter such a retransfer, the provisions of subsection (d) of Code Section 15-11-63 shall apply as in other cases.

15-11-30.4.
If it appears to any court in a criminal proceeding or a quasi-criminal proceeding that the defendant is a child, except in cases where the superior court has exclusive or concurrent jurisdiction as provided in subsection (b) of Code Section 15-11-28, the case shall forthwith be transferred to the juvenile court together with a copy of the accusatory pleading and all other papers, documents, and transcripts of testimony relating to the case. The transferring court shall order that the child be taken forthwith to the juvenile court or to a place of detention designated by the court or shall release him or her to the custody of his or her parent, guardian, custodian, or other person legally responsible for him or her, to be brought before the juvenile court at a time designated by that court. The accusatory pleading may serve in lieu of a petition in the juvenile court unless that court directs the filing of a petition.
15-11-30.5.
Whenever an order of disposition incorporates a reunification plan and the residence of the parent is not in the county of the court with jurisdiction or the residence of the parent changes to a county other than the county of the court with jurisdiction, the court may transfer jurisdiction to the juvenile court of the residence of the parent or parents to whom reunification is directed. Said transferring court shall provide the receiving court within 30 days of the filing of the transfer order with certified copies of the adjudication order, the order of disposition, the order of transfer, the case plan, and such other court documents deemed necessary by the sending court to en-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

able the receiving court to assume jurisdiction over the matter. Compliance with this Code section shall terminate jurisdiction in the transferring court and initiate jurisdiction in the receiving court.
Part 4

15-11-35. A proceeding under this article may be commenced:

(1) By transfer of a case from another court as provided in Code Section 15-11-30.4;

(2) As provided in Code Section 15-11-73 in a proceeding charging ajuvenile traffic offense;
(3) By the court accepting jurisdiction as provided in Code Section 15-1188 or accepting supervision of a child as provided in Code Section 15-1190;
(4) In other cases of alleged delinquency, unruliness, or deprivation by the filing of a petition as provided in this article. The petition and all other documents in the proceeding shall be entitled 'In the interest of -------' a child,' except upon appeal, in which event the anonymity of the child shall be preserved by appropriate use of initials; or
(5) In other cases as provided by law.
15-11-36.

Upon application of a party, the court, or any authorized officer of the court, the clerk of the court shall issue, or the court on its own motion may issue, subpoenas requiring attendance and testimony of witnesses and production of papers at any hearing under this article.
15-11-37.

A petition alleging delinquency, deprivation, or unruliness of a child shall not be filed unless the court or a person authorized by the court has determined and endorsed upon the petition that the filing of the petition is in the best interest of the public and the child.
15-11-38.

Subject to Code Section 15-11-37, the petition alleging delinquency, deprivation, or unruliness of a child may be made by any person, including a law enforcement officer, who has knowledge of the facts alleged or is informed and believes that they are true.

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15-11-38.1.
The peuuon shall be verified and may be on information and belief. It shall set forth plainly:
(1) The facts which bring the child within the jurisdiction of the court, with a statement that it is in the best interest of the child and the public that the proceeding be brought and, if delinquency or unruly conduct is alleged, that the child is in need of supervision, treatment, or rehabilitation, as the case may be;
(2) The name, age, and residence address, if any, of the child on whose behalf the petition is brought;
(3) The names and residence addresses, if known to petitioner, of the parents, guardian, or custodian of the child and of the child's spouse, if any; or, if neither the child's parents, nor the child's guardian, nor the child's custodian resides or can be found within the state or if their respective places of residence address are unknown, the name of any known adult relative residing within the county or, if there is none, the known adult relative residing nearest to the location of the court; and
(4) If the child is in custody and, if so, the place of his or her detention and the time the child was taken into custody.
15-11-39.
(a) After the petition has been filed the court shall fix a time for hearing thereon, which, if the child is in detention, shall not be later than ten days after the filing of the petition. In the event the child is not in detention, the court shall fix a time for hearing thereon which shall be not later than 60 days from the date of the filing of the petition.
(b) The court shall direct the issuance of a summons to the parents, guardian, or other custodian, a guardian ad litem, and any other persons who appear to the court to be proper or necessary parties to the proceeding, requiring them to appear before the court at the time fixed to answer the allegations of the petition. The summons shall also be directed to the child if he or she is 14 or more years of age or is alleged to be a delinquent or unruly child. A copy of the petition shall accompany the summons unless the summons is served by publication, in which case the published summons shall indicate the general nature of the allegations and where a copy of the petition can be obtained.
(c) The court may endorse upon the summons an order directing the parents, guardian, or other custodian of the child to appear personally at the hearing and directing the person having the physical custody or control of the child to bring the child to the hearing. In the event a parent, guardian, or other custodian of the child willfully fails to appear personally at the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

hearing after being ordered to so appear, or the parent, guardian, or other custodian of the child willfully fails to bring the child to the hearing after being so directed, the court may enter any order authorized by and in accordance with the provisions of Code Section 15-11-5.
(d) The summons shall state that a party is entitled to counsel in the proceedings and that the court will appoint counsel if the party is unable without undue financial hardship to employ counsel.
(e) A party other than the child may waive service of summons by written stipulation or by voluntary appearance at the hearing. If the child is present at the hearing, the child's counsel, with the consent of the parent, guardian, other custodian, or guardian ad litem, may waive service of summons in the child's behalf.
15-11-39.1.
(a) If a party to be served with a summons is within this state and can be found, the summons shall be served upon him or her personally at least 24 hours before the hearing. If a party to be served is within this state and cannot be found but his or her address is known or can with reasonable diligence be ascertained, the summons may be served upon such party by mailing him or her a copy thereof by registered or certified mail at least five days before the hearing. If a party to be served is outside this state but he or she can be found or his or her address is known or his or her whereabouts or address can with reasonable diligence be ascertained, service of the summons may be made either by delivering a copy thereof to such party personally or by mailing a copy to him or her by registered or certified mail at least five days before the hearing.
(b) If, after reasonable effort, a party to be served with a summons cannot be found and such party's post office address cannot be ascertained, whether he or she is within or outside this state, the court may order service of the summons upon him or her by publication in accordance with Code Sections 9-11-4 and 9-11-5. The hearing shall not be earlier than five days after the date of the last publication.

(c) Service of the summons may be made by any suitable person under the direction of the court.
(d) The court may authorize the payment from county funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing.
15-11-39.2.
(a) If service of summons upon a party is made by publication, the court may conduct a provisional hearing upon the allegations of the petition and enter an interlocutory order of disposition if:

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(1) The petition alleges delinquency, unruly conduct, or deprivation of the child;
(2) The summons served upon any party:

(A) States that prior to the final hearing on the petition designated in the summons a provisional hearing thereon will be held at a specified time and place;
(B) Requires the party who is served other than by publication to appear and answer the allegations of the petition at the provisional hearing;
(C) States further that findings of fact and orders of disposition made pursuant to the provisional hearing will become final at the final hearing unless the party served by publication appears at the final hearing; and
(D) Otherwise conforms to Code Section 15-11-39; and

(3) The child is personally before the court at the provisional hearing.

(b) All provisions of this article applicable to a hearing on a petition, to orders of disposition, and to other proceedings dependent thereon shall apply under this Code section, but findings of fact and orders of disposition shall have only interlocutory effect pending final hearing on the petition. The rights and duties of the party served by publication are not affected except as provided in subsection (c) of this Code section.

(c) If the party served by publication fails to appear at the final hearing on the petition, the findings of fact and interlocutory orders made shall become final without further evidence and shall be governed by this article as if made at the final hearing. If the party appears at the final hearing, the findings and orders shall be vacated and disregarded and the hearing shall proceed upon the allegations of the petition without regard to this Code section.

15-11-40.

(a) An order of the court shall be set aside if:

(1) It appears that it was obtained by fraud or mistake sufficient therefor in a civil action;

(2) The court lacked jurisdiction over a necessary party or of the subject matter; or

(3) Newly discovered evidence so requires.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) An order of the court may also be changed, modified, or vacated on the ground that changed circumstances so require in the best interest of the child, except an order committing a delinquent child to the Department of Juvenile Justice, after the child has been transferred to the physical custody of the Department of Juvenile Justice, or an order of dismissal. An order granting probation to a child found to be delinquent or unruly may be revoked on the ground that the conditions of probation have not been observed.

(c) Any party to the proceeding, the probation officer, or any other person having supervision or legal custody of or an interest in the child may petition the court for the relief provided in this Code section. The petition shall set forth in clear and concise language the grounds upon which the relief is requested.
(d) After the petition is filed, the court shall fix a time for hearing and shall cause notice to be served, as a summons is served under Code Section 15-11-39.1, on the parties to the proceeding or those affected by the relief sought. After the hearing, which may be informal, the court shall deny or grant relief as the evidence warrants.

15-11-41.

(a) All hearings shall be conducted by the court without a jury. Any hearing may be adjourned from time to time within the discretion of the court as set forth in subsection (d) of Code Section 15-11-56.

(b) Unless waived by the child and the child's parent, guardian, or attorney, the proceedings shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means.

(c) In any proceeding before the juvenile court, the judge, upon the court's own motion, may request the assistance of the district attorney or a member of the district attorney's staff to conduct the proceedings on behalf of the petitioner. If for any reason the district attorney is unable to assist, the judge may appoint legal counsel for such purpose.

(d) In any delinquency proceeding in which a petition has been filed, the district attorney or a member of the district attorney's staff shall conduct the proceedings on behalf of the state if requested to do so by the juvenile court if the state is not otherwise represented by a solicitor of the juvenile court. Notwithstanding any other provisions of law to the contrary, in any delinquency proceedings conducted by the district attorney or a member of the district attorney's staff, the district attorney or staff member shall be entitled to complete access to all court files, probation files, hearing transcripts, delinquency reports, and any other juvenile court records which may be of assistance to the district attorney or staff member in the conduct of such delinquency proceedings. It shall be the duty of the clerk and proba-

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tion officers of the juvenile court to assist the district attorney or staff member in obtaining any such files, transcripts, reports, or records, or copies thereof, as may be requested by the district attorney or staff member. In any such case, the petition shall be dismissed by the court upon the motion of the district attorney setting forth that there is not sufficient evidence to warrant the further conduct of the proceeding.
(e)(l) In any delinquency proceeding in which a petition has been filed, the juvenile court shall notify any victim of a delinquent child's alleged offense that the victim may submit a victim impact statement if:
(A) The delinquent child, in committing a felony, caused physical, psychological, or economic injury to the victim; or

(B) The delinquent child, in committing a misdemeanor, caused serious physical injury or death to the victim.

(2) A victim impact statement submitted by a victim shall be attached to the case file and may be used by the district attorney or the judge during any stage of the proceedings against the child involving predisposition, disposition, or determination of restitution.
(3) A victim impact statement shall:
(A) Identify the victim of the offense and the perpetrator;
(B) Itemize any economic loss suffered by the victim as a result of the offense;
(C) Identify any physical injury suffered by the victim as a result of the offense along with its seriousness and permanence;
(D) Describe any change in the victim's personal welfare or familial relationships as a result of the offense;

(E) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense; and

(F) Contain any other information related to the impact of the offense upon the victim that the court requires.

(4) The victim may complete the victim impact statement form and submit such form to the juvenile court. If the victim is unable to do so because of such victim's mental, emotional, or physical incapacity, or because of such victim's age, the victim's attorney or a family member may complete the victim impact statement form on behalf of the victim.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(5) The court shall, in the manner prescribed by rule of court, provide the child with a copy of the victim impact statement within a reasonable time prior to any hearing at which it is to be considered and allow the child to have the opportunity to rebut the victim's written statements.

(6) No disposition of the child shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of any person.

(f) At any hearing on a petition alleging deprivation of a child, the court shall make and file its findings as to whether the child is a deprived child, as defined in paragraph (8) of Code Section 15-11-2, and whether such deprivation is found to have been the result of alcohol or other drug abuse.

Part 5

15-11-45.

(a) A child may be taken into custody:

(1) Pursuant to an order of the court under this article, including an order to an employee of the Department of Juvenile Justice designated in accordance with paragraph (2) of subsection (i) of Code Section 49-4A-8 or to an employee of the Department of Corrections, to apprehend a child who has escaped from an institution or facility operated either by the Department of Juvenile Justice or the Department of Corrections or a child who has been placed under supervision and who has broken the conditions thereof;

(2) Pursuant to the laws of arrest;

(3) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child has committed a delinquent act or if there are reasonable grounds to believe that he or she is an unruly child;

(4) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child is suffering from illness or injury or is in immediate danger from his or her surroundings and that his or her removal is necessary;

(5) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child has run away from his or her parents, guardian, or other custodian;

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(6) By a law enforcement officer or duly authorized officer of the court if a parent or guardian of a child has contacted a law enforcement agency and reported that the child is absent from parental custody without consent and a facility created pursuant to paragraph (2) of subsection (e) of Code Section 15-11-47 is available; or
(7) By a law enforcement officer or duly authorized officer of the court if a child is violating a curfew and a facility created pursuant to paragraph (2) of subsection (e) of Code Section 15-11-47 is available.
(b) The taking of a child into custody is not an arrest, except for the purpose of determining its validity under the Constitution of this state or of the United States.
(c) When a child who is taken into custody pursuant to this article has committed an act which would constitute a felony under the laws of this state if committed by an adult, the juvenile court, within 48 hours after it learns of the taking into custody, shall notify the district attorney or duly authorized assistant district attorney of the judicial circuit in which the juvenile proceedings are to be instituted.

15-11-46.
A child taken into custody shall not be detained or placed in shelter care prior to the hearing on the petition unless:
(1) The child's detention or care is required to protect the person or property of others or of the child;
(2) The child may abscond or be removed from the jurisdiction of the court;
(3) The child has no parent, guardian, or custodian or other person able to provide supervision and care for him or her and return him or her to the court when required; or
(4) An order for the child's detention or shelter care has been made by the court pursuant to this article.
15-11-46.1.
(a) As a matter of public policy, restraints on the freedom of accused children prior to adjudication shall be imposed only when there is probable cause to believe that the accused child did the act of which he or she is accused and there is clear and convincing evidence that the child's freedom should be restrained.
(b) The imposition of interim control or detention on an accused child may be considered for the purposes of:

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(1) Protecting the jurisdiction and process of the court;

(2) Reducing the likelihood that the child may inflict serious bodily harm on others during the interim period; or

(3) Protecting the accused child from imminent bodily harm upon his or her request.

(c) Interim control or detention shall not be imposed on an accused child:

(1) To punish, treat, or rehabilitate the child;

(2) To allow parents to avoid their legal responsibilities;

(3) To satisfy demands by a victim, the police, or the community;

(4) To permit more convenient administrative access to the child; or

(5) To facilitate further interrogation or investigation.

(d) Whenever an accused child cannot be unconditionally released, conditional or supervised release that results in the least necessary interference with the liberty of the child shall be favored over more intrusive alternatives.

(e) Whenever the interim curtailment of an accused child's freedom is permitted under this Code section, the exercise of authority shall reflect the following values:

( 1) Respect for the privacy, dignity, and individuality of the accused child and his or her family;

(2) Protection of the psychological and physical health of the child;

(3) Tolerance of the diverse values and preferences among different groups and individuals;

(4) Assurance of equality of treatment by race, class, ethnicity, and sex;

(5) Avoidance of regimentation and depersonalization of the child;

(6) Avoidance of stigmatization of the child; and

(7) Assurance that the child has been informed of his or her right to consult with an attorney and that if the child cannot afford an attorney, one will be provided.

15-11-47.

(a) Release to parents; delivery to medical facility, intake officer, or court. A person taking a child into custody, with all reasonable speed and without first taking the child elsewhere, shall:

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(1) Forthwith release without bond the child to the child's parents, guardian, or other custodian upon their promise to bring the child before the court when requested by the court;
(2) Forthwith deliver the child to a medical facility if the child is believed to suffer from a serious physical condition or illness which requires prompt treatment and, upon delivery, shall promptly contact a juvenile court intake officer. Immediately upon being notified by the person taking a child into custody, the intake officer shall determine if such child should be released, detained, or brought before the court. Prior to an informal detention hearing or committal hearing authorized under Code Sections 17-6-15 and 17-6-16 and Articles 1, 2, and 8 of Chapter 7 of Title 17, the child shall be placed in detention, if necessary, only in such places as are authorized by Code Section 15-11-48;
(3) Bring the child immediately before the juvenile court or promptly contact a juvenile court intake officer. The intake officer shall determine if the child should be released or detained. Prior to an informal detention hearing, the child shall be placed in detention, if necessary, only in such places as are authorized by Code Section 15-11-48; or

(4) Bring the child who is suspected of committing a delinquent act before the superior court of the county where the delinquent act occurred if the act is an act over which the superior court has exclusive or concurrent jurisdiction as provided in subsection (b) of Code Section 1511-28; however, pending a commitment hearing authorized under Code Sections 17-6-15 and 17-6-16 and Articles 1, 2, and 8 of Chapter 7 of Title 17 or an indictment, the child shall be returned and placed in detention, if necessary, only in such places as are authorized by Code Section 15-1148.
(b) Failure of parent to bring child before court. If a parent, guardian, or other custodian, when requested, willfully fails to bring the child before the court as provided in subsection (a) of this Code section, the court may issue its order directing that the child be taken into custody and brought before the court and, in addition, may enter any order authorized by and in accordance with the provisions of Code Section 15-11-5. If it is necessary to place the child in detention prior to his or her appearance in court, the child shall be placed in a facility as authorized by Code Section 15-11-48.

(c) Notice; temporary detention or questioning. The person taking a child into custody shall promptly give notice thereof, together with a statement of the reason for taking the child into custody, to a parent, guardian, or other custodian and to the court. Any temporary detention or questioning of the child necessary to comply with this Code section shall conform to the procedures and conditions prescribed by this article and rules of court.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(d) Bail. All children subject to the jurisdiction of the juvenile court and alleged to be delinquent or unruly, on application of the parent or guardian, shall have the same right to bail as adults; and the judge shall admit to bail all children under the court's jurisdiction in the same manner and under the same circumstances and procedures as are applicable to adults accused of the commission of crimes.

(e) Treatment of unruly child.

(1) With respect to a child suspected of being unruly as defined in paragraph (12) of Code Section 15-11-2 or a child who is in violation of a curfew, a person taking such a child into custody shall not exercise custody over the child except for a period of 12 hours. A child taken into custody may be detained in a holding facility for unruly children as provided for in paragraph (2) of this subsection. If a parent or guardian has not assumed custody of the child at the end of such period or if the child has not been brought before the juvenile court or if an intake officer has not made a detention decision, the child shall be released from custody. In no case shall such a child in custody be detained in a jail.

(2) Counties and municipalities are authorized to establish facilities where a child who is suspected of being unruly or who is in violation of a curfew may be informally detained until the parent or guardian assumes custody of the child. Immediately after a child is brought into such a facility, every effort shall be made to contact the parent or guardian of the child. A child shall not be restrained in a cell or other such place apart from other children unless such child engages in disruptive or unruly behavior while at the holding facility.
15-1148.

(a) Allegation of delinquency. A child alleged to be delinquent may be detained only in:

( 1) A licensed foster home or a home approved by the court which may be a public or private home or the home of the noncustodial parent or of a relative;

(2) A facility operated by a licensed child welfare agency; or

(3) A detention home or center for delinquent children which is under the direction or supervision of the court or other public authority or of a private agency approved by the court.

(b) Allegation of capital or violent offense. A child alleged to have committed an offense over which the superior court has exclusive or concurrent jurisdiction under subsection (b) of Code Section 15-11-28 shall be detained pending a commitment hearing under Code Sections 17-6-15 and 17-6-16 and Articles 1, 2, and 8 of Chapter 7 of Title 17 or an indictment only in a

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facility described in paragraphs (1) through (3) of subsection (a) of this Code section unless it appears to the satisfaction of the court in which the case is pending that public safety and protection reasonably require detention in the jail and the court so orders, but only where the detention is in a room separate and removed from those for adults and constructed in such a way that there can be no physical contact between a child and an adult
offender.
(c) Transfer following indictment. Following an indictment for an offense over which the superior court has exclusive or concurrent jurisdiction under subsection (b) of Code Section 15-11-28 or following the transfer of a case to any court for criminal prosecution under Code Section 15-11-30.2, the child shall be held only in a facility described in paragraphs (1) through (3) of subsection (a) of this Code section unless it appears to the satisfaction of the superior court that public safety and protection reasonably require detention in the jail and the court so orders, but only where the detention is in a room separate and removed from those for adults and constructed in such a way that there can be no physical contact between a child and an adult offender.
(d) Notification of court l7y official of jail. The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall immediately inform the juvenile court or a duly authorized officer of the juvenile court if a person who is or appears to be under the age of 17 years is received at the facility and shall bring him or her before the court upon request or deliver him or her to a detention or shelter care facility designated by the court; provided, however, the official in charge of a jail or other facility for the detention of adult offenders or persons charged with a crime shall immediately inform the court in which the case is pending or a duly authorized officer of such court if a person who is or appears to be 13 to 17 years of age and who is alleged to have committed any offense enumerated in subparagraph (b)(2)(A) of Code Section 15-11-28 is received at the facility and shall bring him or her before the court upon request or deliver him or her to a detention facility designated by the court. Such child shall not be held in the jail but may be held in a temporary holding area outside of the jail constructed as such for not longer than six hours pending transfer to the detention facility. For purposes of this Code section, the term 1ail' shall include not only the cells, but any other secured area of the jail adjacent to the cells in which adult offenders are held or through which they are transported.
(e) Allegation of unruliness. A child unruly or alleged to be unruly who has not been released from custody as provided in subsection (e) of Code Section 15-1147 may be detained or placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) of this Code section or in a secure juvenile detention facility for a period not to exceed 72 hours; pro-

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vided, however, upon written order of the judge having jurisdiction of the case and upon good cause shown, a child alleged to be unruly may be detained for one additional period not to exceed 48 hours; provided, further, that no child alleged to be or found to be unruly who has not previously been adjudicated unruly may be detained in a secure juvenile detention facility unless such child is alleged to be under the court's jurisdiction as provided in subparagraph (D) of paragraph (12) of Code Section 15-11-2 and then shall be detained in that facility only so long as is required to effect the child's return home or to ensure the child's presence at a scheduled court appearance when the child has previously failed to appear for a scheduled court appearance. In the event a child alleged to be unruly comes within the purview of the Interstate Compact on Juveniles and the proper authorities of a demanding state have made an official return request to the proper authorities of this state, the Interstate Compact on Juveniles shall apply to the child.

(f) Allegation of deprivation. A child alleged to be deprived may be placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) of this Code section or in a shelter care facility operated by the court. The actual physical placement of a child pursuant to this subsection shall require the approval of the judge of the juvenile court or his or her designee.

(g) Data to be maintained. All facilities that detain children for pretrial detention shall maintain the following data on each child detained:
(1) Name;
(2) Date of birth;

(3) Sex;

(4) Race; (5) Offense or offenses for which being detained; (6) Date of and authority for confinement;

(7) Date of and authority for release or transfer; and

(8) Where transferred or to whom released.

Such data shall be recorded and retained by the facility for three years and shall be made available for inspection during normal business hours by any court exercising juvenile court jurisdiction, by the Department of Juvenile Justice, by the Department of Corrections, and by the Georgia Council of Juvenile Court Judges.

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15-11-49.
(a) If a child is brought before the court or delivered to a detention or shelter care facility designated by the court, the intake or other authorized officer of the court shall immediately make an investigation and release the child unless it appears that the child's detention or shelter care is warranted or required under Code Section 15-11-46.

(b) If a child is so released and the case is to be prosecuted further other than by informal adjustment, a petition under Code Section 15-11-38.1 shall be made and presented to the court within 30 days.
(c)(1) If a child alleged to be delinquent is not so released, an informal detention hearing shall be held promptly and not later than 72 hours after the child is placed in detention or shelter care to determine whether detention or shelter care of the child is required under Code Section 1511-46, provided that, if the 72 hour time period expires on a Saturday, Sunday, or legal holiday, the hearing shall be held on the next day which is not a Saturday, Sunday, or legal holiday.

(2) If a child alleged to be unruly is not so released, the informal detention hearing shall be held promptly and not later than 72 hours after the child is placed in detention or shelter care as provided in subsection (e) of Code Section 15-11-48.
(3) If a child alleged to be deprived is not so released, the informal detention hearing shall be held promptly and not later than 72 hours after the child is placed in shelter care as provided in subsection (f) of Code Section 15-11-48, provided that, if the 72 hour time period expires on a Saturday, Sunday, or legal holiday, the hearing shall be held on the next day which is not a Saturday, Sunday, or legal holiday.

(4) Reasonable notice of the hearing specified in this subsection, either oral or written, stating the time, place, and purpose of the detention hearing, shall be given to the child and, if they can be found, to the child's parents, guardian, or other custodian. In the event the child's parents, guardian, or other custodian cannot be found, the court shall forthwith appoint a guardian ad litem. Prior to the commencement of the hearing, the court shall inform the parties of their right to counsel and to appointed counsel if they are indigent persons and of the child's right to remain silent with respect to any allegations of delinquency or unruly conduct.

(d) If the child is not so released and a parent, guardian, custodian, or guardian ad litem has not been notified of the hearing and did not appear or waive appearance at the hearing and files the affidavit of such person showing these facts, the court shall rehear the matter without unnecessary

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delay and shall order the child's release unless it appears from the hearing that the child's detention or shelter care is required under Code Section 1511-46.

(e) If the child is not so released, a petition under Code Section 15-11-38.1 shall be made and presented to the court within 72 hours of the detention hearing; provided, however, that, if the child not so released is alleged to be a deprived child, a petition under Code Section 15-11-38.1 shall be made and presented to the court within five days of the detention hearing.

15-11-49.1.

If it appears from a filed affidavit or from sworn testimony before the court that the conduct, condition, or surroundings of the child are endangering the child's health or welfare or those of others or that the child may abscond or be removed from the jurisdiction of the court or will not be brought before the court, notwithstanding the service of the summons, the court may endorse upon the summons an order that a law enforcement officer shall serve the summons and take the child into immediate custody and bring the child forthwith before the court.

15-11-50.
A child shall not be committed to a penal institution or other facility used primarily for the execution of sentences of persons convicted of a crime; provided, however, that this Code section shall not be construed as prohibiting the direct commitment of a child to the custody of the Department of Corrections for detention in a designated youth confinement unit as provided in this article.

Part 6

15-11-55.

(a) If the child is found to be a deprived child, the court may make any of the following orders of disposition best suited to the protection and physical, mental, and moral welfare of the child:

(1) Permit the child to remain with his or her parents, guardian, or other custodian, including a putative father, subject to conditions and limitations as the court prescribes, including supervision as directed by the court for the protection of the child;

(2) Subject to conditions and limitations as the court prescribes, transfer temporary legal custody to any of the persons or entities described in this paragraph. Without limiting the generality of the foregoing, such conditions and limitations shall include a provision that the court shall approve or direct the retransfer of the physical custody of the child back to the parents, guardian, or other custodian either upon the occurrence of speci-

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fied circumstances or in the discretion of the court. Any such retransfer of physical custody may be made subject to such further conditions and limitations as the court prescribes, including supervision for the protection of the child. The persons or entities to whom or which temporary legal custody may be transferred shall include the following:

(A) Any individual including a putative father who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child;

(B) An agency or other private organization licensed or otherwise authorized by law to receive and provide care for the child;

(C) Any public agency authorized by law to receive and provide care for the child; or

(D) An individual in another state with or without supervision by an appropriate officer under Code Section 15-11-89; or

(3) Without making any of the orders specified in paragraphs (1) and (2) of this subsection, transfer custody of the child to the court of another state exercising jurisdiction over children if authorized by and in accordance with Code Section 15-11-87 if the child is or is about to become a resident of that state.

(b) Unless a child found to be deprived is found also to be delinquent, such child shall not be committed to or confined in an institution or other facility designed or operated for the benefit of delinquent children.

(c) Notwithstanding any other provision of law, the court after transferring temporary legal custody of a child to the Division of Family and Children Services within the Department of Human Resources may at any time conduct sua sponte a judicial review of the current placement plan being provided to said child. Mter its review the court may order the division to comply with the current placement plan, order the division to devise a new placement plan within available division resources, or make any other order relative to placement or custody outside the Department of Human Resources as the court finds to be in the best interest of the child. Placement or a change of custody by the court outside the Department of Human Resources shall relieve the department of further responsibility for the child so placed.

(d) A juvenile court shall not be required to make an order of disposition pursuant to this Code section regarding a child who is discharged from a facility in which the child was hospitalized or habilitated pursuant to Chapter 3, 4, or 7 of Title 37 unless the child is to be discharged into the physical custody of any person who had such custody when the court made its most recent finding that such child was deprived.

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(e) If a child is found to be a deprived child and the deprivation is found to have been the result of alcohol or other drug abuse, as specified in subsection (f) of Code Section 15-11-41, and the court orders transfer of temporary legal custody of the child, as provided in paragraph (2) of subsection (a) of this Code section, the court is authorized to further order that legal custody of the child may not be transferred back to the person having custody of the child when the deprivation occurred unless such person undergoes substance abuse treatment and random substance abuse screenings and those screenings remain negative for a period of no less than six consecutive months.

15-11-56.
(a) Findings. After hearing the evidence on any petition alleging delinquency, unruliness, or deprivation, the court shall make and file its findings as to whether the child is a deprived child or, if the petition alleges that the child is delinquent or unruly, after hearing the evidence the court shall make and file its findings as to whether the acts ascribed to the child were committed by the child. If the court finds that the child is not a deprived child or that the allegations of delinquency or unruly conduct have not been established, it shall dismiss the petition and order the child discharged from any detention or other restriction theretofore ordered in the proceeding.

(b) Disposition. The court shall proceed immediately or at a postponed hearing to make a proper disposition of the case if the court finds from clear and convincing evidence that the child:

(1) Is deprived;

(2) Is in need of treatment or rehabilitation as a delinquent child; or

(3) Is in need of treatment or rehabilitation or supervision as an unruly child.

(c) Evidence. In dispositional hearings under subsection (b) of this Code section and in all proceedings involving custody of a child, all information helpful in determining the questions presented, including oral and written reports, may be received by the court and relied upon to the extent of its probative value even though not otherwise competent in the hearing on the petition. The parties or their counsel shall be afforded an opportunity upon request to examine and controvert written reports so received and to cross-examine individuals making the reports, except that portions of such reports not relied on by the court in reaching its decision which, if revealed, would be prejudicial to the interests of the child or any party to the proceeding may be withheld in the court's discretion. Confidential sources of information need not be disclosed.

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(d) Continuances; scheduling. On its own motion or that of a party, the court may continue the hearings under this Code section for a reasonable period to receive reports and other evidence bearing on the disposition or the child's need for treatment or rehabilitation. In this event, the court shall make an appropriate order for detention of the child or for the child's release from detention subject to supervision of the court during the period of the continuance. In scheduling investigations and hearings, the court shall give priority to proceedings in which a child is in detention or has otherwise been removed from his or her home before an order of disposition has been made.

15-11-57.
When any child is before a juvenile court and such child is found by the court to be a deprived child, the court shall be authorized, in addition to any other disposition authorized by this article, to order such child and such child's parents or guardian to participate in counseling or in counsel and advice as determined by the court. Such counseling and counsel and advice may be provided by the court, court personnel, probation officers, professional counselors or social workers, psychologists, physicians, qualified volunteers, or appropriate public, private, or volunteer agencies as directed by the court and shall be designed to assist in deterring future conditions of deprivation, or other conduct or conditions which would be harmful to the child or society.

15-11-58.

(a) A court's order removing a child from the child's home shall be based upon a finding by that court that continuation in the home would be contrary to the welfare of the child. The court shall also determine as a finding of fact whether reasonable efforts were made by the Division of Family and Children Services of the Department of Human Resources and any other appropriate agencies to preserve and reunify families prior to the placement of a child in foster care, to prevent or eliminate the need for removal of the child from that child's home, and to make it possible for the child to return safely to the child's home. Such findings shall also be made at every subsequent review of the court's order under this chapter.

(1) In determining reasonable efforts to be made with respect to a child, as described in this subsection, and in making such reasonable efforts, the child's health and safety shall be the paramount concern;

(2) Except as provided in paragraph (4) of this subsection, reasonable efforts shall be made to preserve and reunify families:

(A) Prior to the placement of a child in foster care, to prevent or eliminate the need for removing the child from the child's home; and

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(B) To make it possible for a child to return safely to the child's home;

(3) If continuation of reasonable efforts of the type described in paragraph (2) of this subsection is determined to be inconsistent with the permanency plan for the child, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child;

(4) Reasonable efforts of the type described in paragraph (2) of this subsection shall not be required to be made with respect to a parent of a child if a court of competent jurisdiction has determined that:

(A) The parent has subjected the child to aggravated circumstances which may include but need not be limited to abandonment, torture, chronic abuse, and sexual abuse;

(B) The parent has:

(i) Committed murder of another child of the parent;

(ii) Committed voluntary manslaughter of another child of the parent;

(iii) Aided or abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of another child of the parent; or

(iv) Committed a felony assault that results in serious bodily injury to the child or another child of the parent; or

(C) The parental rights of the parent to a sibling have been terminated involuntarily;

(5) If reasonable efforts of the type described in paragraph (2) of this subsection are not made with respect to a child as a result of a determination made by a court of competent jurisdiction in accordance with paragraph (4) of this subsection:

(A) A permanency hearing shall be held for the child within 30 days after such determination; and

(B) Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child; and

(6) Reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with reasonable efforts of the type described in paragraph (2) of this subsection.

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(b) Within 30 days of the date of removal of the child from the home and at each subsequent review of the disposition order, the Division of Family and Children Services of the Department of Human Resources must submit a written report to the court which shall either include a case plan for a reunification of the family or include a statement of the factual basis or bases for determining that a plan for reunification is not appropriate. Such report shall become a discrete part of the case record in a format determined by the Division of Family and Children Services of the Department of Human Resources and shall be made available to the parents or guardian of the foster child. The contents of the report shall be determined at a meeting to be held by the Division of Family and Children Services of the Department of Human Resources in consultation with the judicial citizen review panel, if one is designated by the court for such purpose, and the parents and children, when available. The parents shall be given written notice of the meeting at least five days in advance and shall be advised that the report will be submitted to become an order of the court. The report submitted to the court shall also contain any dissenting recommendations of the judicial citizen review panel, if applicable, and any recommendations of the parents, if such are available.
(c) If the report contains a plan for reunification services, such plan if adopted by the court shall be in effect until modification by the court. The plan shall address each reason requiring removal and shall contain at least the following:
(1) The purpose for which the child was placed in foster care, including a statement of the reasons why the child cannot be adequately protected at home and the harm which may occur if the child remains in the home and shall also include a description of the services offered and the services provided to prevent removal of the child from the home;
(2) A discussion of how the plan is designed to achieve a placement in a safe setting that is the least restrictive, most family-like, and most appropriate setting available and in close proximity to the home of the parents, consistent with the best interests and special needs of the child;
(3) A clear description of the specific actions to be taken by the parents and the specific services to be provided by the Division of Family and Children Services of the Department of Human Resources or other appropriate agencies in order to bring about the identified changes that must be made in order for the child to be safely returned home; provided, however, that all services and actions required of the parents which are not directly related to the circumstances necessitating separation cannot be made conditions of the return of the child without further court review;

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(4) Specific time frames in which the goals of the plan are to be accomplished to fulfill the purpose of the reunification plan;

(5) The person within the Division of Family and Children Services of the Department of Human Resources or other agency who is directly responsible for ensuring that the plan is implemented; and

(6) Consideration of the advisability of a reasonable visitation schedule which allows the parents to maintain meaningful contact with their children through personal visits, telephone calls, and letters.

(d) If the submitted report contains a proposed plan for reunification services, and no hearing is requested as provided in this Code section, the court shall enter a dispositional order or supplemental order incorporating all elements of the plan for reunification services which the court finds essential to reunification of the child with his or her family, specifying what must be accomplished by all parties before reunification of the family can be achieved. If the report contains a plan for reunification services, a copy of the report must be transmitted to the parents at the same time the report is transmitted to the court, along with written notice that the report will be made the order of the court unless, within five days from the date the copy of the report was received, the parents request a hearing before the court to review the report.

(e) If the report submitted to the court does not contain a plan for reunification services, upon proper notice being provided to the parents, the court shall, no later than 30 days following the filing of the report, hold a permanency hearing to review the report and the determination that a plan for reunification services is not appropriate.

(f) When a recommendation is made that reunification services are not appropriate and should not be allowed, the report shall address each reason requiring removal and shall contain at least the following:

(1) The purpose for which the child was placed in foster care, including a statement of the reasons why the child cannot be adequately and safely protected at home and the harm which may occur if the child remains in the home and a description of the services offered and the services provided to prevent removal of the child from the home; and

(2) A clear statement describing all of the reasons supporting a finding that reasonable efforts to reunify a child with the child's family will be detrimental to the child, and that reunification services therefore need not be provided, including specific findings as to whether any of the grounds for terminating parental rights exist, as set forth in subsection (b) of Code Section 15-11-94 or paragraph (4) of subsection (a) of this Code section.

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(g) At the permanency hearing held for the purpose of reviewing the determination by the Division of Family and Children Services of the Department of Human Resources that a reunification plan is not appropriate, the representative of the Division of Family and Children Services shall notifY the court whether and when it intends to proceed with termination of parental rights at that time. If the Division of Family and Children Services indicates that it does not intend to petition for the termination of parental rights, the court may appoint a guardian ad litem and charge such guardian with the duty of determining whether termination proceedings should be commenced.
(h) When reviewing the determination by the Division of Family and Children Services of the Department of Human Resources that a reunification plan is not appropriate, the court shall determine by clear and convincing evidence whether reasonable efforts to reunifY a child with his or her family will be detrimental to the child and that reunification services, therefore, should not be provided or should be terminated. There shall be a presumption that reunification services should not be provided if the court finds by clear and convincing evidence that:
(1) The parent has unjustifiably failed to comply with a previously ordered plan designed to reunite the family;
(2) A child has been removed from the home on at least two previous occasions and reunification services were made available on those occasions;

(3) Any of the grounds for terminating parental rights exist, as set forth in subsection (b) of Code Section 15-11-94; or

(4) Any of the circumstances set out in paragraph (4) of subsection (a) of this Code section exist, making it unnecessary to provide reasonable efforts to reunifY.
(i) If, after a judicial hearing in which the court finds that reunification is not in the best interests of the child and custody is granted to a relative, the custody order shall remain in effect until the child's eighteenth birthday unless modified following a petition for modification by a party pursuant to Code Section 15-11-40. Within 36 months of the custody order and every 36 months thereafter, a probation officer, judicial citizen review panel established by the court, or other person or agency designated by the court shall, after study or review, submit a report to the court addressing whether the relative with custody continues to be qualified to receive and care for the child. A copy of the report shall be mailed to the parents at their last known address.
(j) Whenever the permanency plan is adoption or placement in another permanent home, the report submitted to the court shall document the steps to be taken by the Division of Family and Children Services of the De-

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partment of Human Resources to find an adoptive family or other permanent living arrangement for the child; to place the child with an adoptive family, a fit and willing relative, a legal guardian, or in another planned permanent living arrangement; and to finalize the adoption or legal guardianship. At a minimum, such documentation shall include child specific recruitment efforts such as the use of state, regional, and national adoption exchanges including electronic exchange systems.

(k) Except as otherwise provided by law, an order of disposition placing a deprived child in foster care under the supervision of the Division of Family and Children Services of the Department of Human Resources shall continue in force for 12 months after the date the child is considered to have entered foster care or until sooner terminated by the court. For the purposes of this subsection, the date the child is considered to have entered foster care shall be the date of the first judicial finding that the child has been subjected to child abuse or neglect, or the date that is 60 days after the date on which the child is removed from the home, whichever is earlier. All cases of children in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources shall be initially reviewed within 90 days of the entering of the dispositional order but no later than six months following the child's placement and shall be conducted by the juvenile court judge, by an associate juvenile court judge or judge pro tempore, or by judicial citizen review panels established by the court, as the court directs, meeting such standards and using such procedures as shall be established by court rule by the Supreme Court of Georgia, with the advice and consent of the Council of Juvenile Court Judges. At the time of each review of every case of a child in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources, a representative of the Division of Family and Children Services shall notify the court whether such division intends to proceed with the termination of parental rights at that time. If such division indicates that it does not intend to petition for the termination of parental rights at that time, the court may appoint a guardian ad litem and charge such guardian with the duty of determining whether termination proceedings should be commenced. In the event the review is conducted by judicial citizen review panels, the panel shall transmit its report, including its findings and recommendations and those of such division, along with such division's proposed revised plan for reunification or other permanency plan, if necessary, to the court and the parents within five days after the review. Any party may request a hearing on the proposed revised plan in writing within five days after receiving a copy of such plan. Following such initial review, additional periodic reviews shall be held at six-month intervals. The foster parents, if any, of a child and any preadoptive parent or relative providing care for the child shall be provided with notice of and an opportunity to be heard in any review or hearing to be held with respect to the child, except that this provi-

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sion shall not be construed to require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to such a review or hearing solely on the basis of such notice and opportunity to be
heard.
(l) If no hearing is requested or scheduled by the court on its own motion, the court shall review the proposed revised plan and enter a supplemental order incorporating a revised plan as part of its disposition in the case. In the event that a hearing is held, the court shall, after hearing evidence, enter a supplemental order incorporating all elements that the court finds essential in the proposed revised plan. The judge's supplemental order shall be entered within a reasonable time from the conclusion of the hearing or expiration of the time for the hearing to be requested and shall also provide one of the following:
(1) That the child return to the home of his or her parents, legal guardian, or custodian with or without court imposed conditions;
(2) That the child continue in the current custodial placement and that the current placement is appropriate for the child's needs; or
(3) That the child continue in the current custodial placement but that the current placement plan is no longer appropriate for the child's needs and direct the department to devise another plan within available resources. The new plan must be submitted within ten days for court approval. Copies of any court approved revised plan shall be furnished to all parties.
In the event that the judicial citizen review panel determines that the parents have unjustifiably failed to comply with the ordered plan designed to reunite the family and that such failure is significant enough to warrant consideration of termination of parental rights, the panel may make a recommendation to the guardian ad litem of the child, the Division of Family and Children Services of the Department of Human Resources, and the intake officer of the court that a petition for termination of parental rights should be prepared. Any such party or officer of the court shall file a petition if, upon examination, they find sufficient evidence. In the event that no guardian ad litem has been appointed when the judicial citizen review panel recommends that a petition to terminate parental rights be filed, the court shall have the authority to appoint a guardian ad litem who shall have the duty to determine whether termination proceedings should be commenced.
(m) In the event that a child has been in foster care under the responsibility of the Division of Family and Children Services of the Department of Human Resources for 15 of the most recent 22 months, or, if the court has determined a child to be an abandoned infant, as set forth in subsection (b) of Code Section 15-11-94, or has made a determination that the parent has

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committed murder of another child of the parent; committed voluntary manslaughter of another child of the parent; aided or abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of another child of the parent, or committed felony assault that has resulted in serious bodily injury to the child or to another child of the parent, the department shall file a petition to terminate the parental rights of the child's parents or, if such a petition has been filed by another party, seek to be joined as a party to the petition, and, concurrently, to identify, recruit, process, and approve a qualified family for an adoption, unless, at the option of the Division of Family and Children Services of the Department of Human Resources, the child is being cared for by a relative; the case plan documents a compelling reason for determining that filing such a petition would not be in the best interests of the child; or the Division of Family and Children Services of the Department of Human Resources has not provided to the family of the child, consistent with the specific time frames for the accomplishment of the case plan goals, such services deemed necessary for the safe return of the child to the child's home.
(n) The court which made the order may extend its duration for not more than 12 months if:

(1) A hearing is held upon motion of the Division of Family and Children Services of the Department of Human Resources prior to the expiration of the order, which hearing shall, after the making of appropriate findings of fact, determine the permanency plan for the child. Such a permanency plan shall state whether and, if applicable, when the child shall be returned to the parent or referred for termination of parental rights and placed for adoption or referred for legal guardianship. In cases where the Division of Family and Children Services of the Department of Human Resources has documented to the court a compelling reason for determining that it would not be in the best interest of the child to return home, be referred for termination of parental rights, be placed for adoption, or be placed with a fit and willing relative or with a legal guardian, the permanency plan shall state that the child shall be placed in another planned permanent living arrangement. The permanency plan shall also state whether reunification services, if in effect, should be continued. With respect to a child placed out of state, procedural safeguards shall be applied as to whether the out-of-state placement continues to be appropriate and in the best interest of the child, and, in the case of a child who has attained age 16, the services needed to assisL the child to make a transition from foster care to independent living. Procedural safeguards shall also be applied with respect to parental rights pertaining to the removal of the child from the home of his or her parents, to a change in the child's placement, and to any determination affecting visitation privileges of parents;

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(2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected, including foster parents, if any, of a child and any preadoptive parent or relative providing care for the child except that this provision shall not be construed to require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to such a review or hearing solely on the basis of such notice and opportunity to be heard; and

(3) The court finds that the extension is necessary to accomplish the purposes of the order extended.
(o) Except as otherwise provided by law, any other order of disposition in a proceeding involving delinquency, unruliness, or deprivation, except in an order involving the appointment of a guardian of the person or property of a child, continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if:

(1) A hearing is held prior to the expiration of the order upon motion of a party or on the court's own motion;

(2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected;

(3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and

(4) The extension does not exceed two years from the expiration of the prior order.

(p) Except as provided in Code Section 15-11-70, the court may terminate an order of disposition or extension prior to its expiration, on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished.

(q) Unless otherwise provided by law, when the child reaches 21 years of age all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control.

15-11-62.

Part 7

(a) A child 13 to 17 years of age convicted of any offense enumerated in subparagraph (b) (2) (A) of Code Section 15-11-28 shall be committed to the custody of the Department of Corrections; provided, however, that any child in the custody of the Department of Corrections shall be housed in a designated youth confinement unit until reaching the age of 17 notwithstanding that such child was tried and convicted as an adult in superior court. Any designated youth confinement unit in which a child is housed shall be de-

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signed to ensure that children are at all times housed separately from any adult offender incarcerated in the facility in which such youth confinement unit is located and shall be designed to facilitate rehabilitation of such children, which shall mean that a youth confinement unit shall be of a nondormitory design whenever possible and whenever such facilities become available and staffed by personnel who have received specialized training in the field of juvenile justice. All designated youth confinement units shall provide to children 13 to 17 years of age who have been sentenced to such units as a result of a conviction in superior court as an adult of an offense enumerated in subparagraph (b)(2) (A) of Code Section 15-11-28 life skills training, academic or vocational training, and substance abuse and violence prevention counseling to the extent that appropriations are available for such activities.

(b) When given legal custody over a child for confinement in a youth confinement unit as provided under this Code section, the Department of Corrections shall have:
(1) The right of physical possession of the child;

(2) The right and duty to protect, train, and discipline the child;

(3) The responsibility to provide the child with food, clothing, shelter, and education;
(4) The right to determine the facility in which the child shall be confined; and
(5) The right and duty to provide or obtain for a child medical, hospital, psychiatric, surgical, or dental care or services as may be considered appropriate and necessary by competent medical authority without securing prior consent of parents or legal guardians.
15-11-63.

(a) As used in this Code section, the term:

(1) 'A carefully arranged and monitored home visit' means a home visit during which a child is monitored by appropriate personnel of the Department of Juvenile Justice designated pursuant to regulations of the commissioner of juvenile justice.
(2) 'Designated felony act' means an act which:
(A) Constitutes a second or subsequent offense under subsection (b) of Code Section 16-11-132 if committed by a child 13 to 17 years of age;
(B) If done by an adult, would be one or more of the following crimes:

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(i) Kidnapping or arson in the first degree, if done by a child 13 or more years of age;
(ii) Aggravated assault, arson in the second degree, aggravated battery, robbery, armed robbery not involving a firearm, or battery in violation of Code Section 16-5-23.1 if the victim is a teacher or other school personnel, if done by a child 13 or more years of age;

(iii) Attempted murder or attempted kidnapping, if done by a child 13 or more years of age;
(iv) The carrying or possession of a weapon in violation of subsection (b) of Code Section 16-11-127.1;

(v) Hijacking a motor vehicle, if done by a child 13 or more years of age;
(vi) Any violation of Code Section 16-7-82, 16-7-84, or 16-7-86 if done by a child 13 or more years of age;

(vii) Any other act which, if done by an adult, would be a felony, if the child committing the act has three times previously been adjudicated delinquent for acts which, if done by an adult, would have been felonies;
(viii) Any violation of Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine;

(ix) Any criminal violation of Code Section 16-14-4, relating to racketeering; or

(x) Any violation of Code Section 16-10-52, relating to escape, if the child involved in the commission of such act has been previously adjudicated to have committed a designated felony;

(C) Constitutes a second or subsequent adjudication of delinquency based upon a violation of Code Section 16-7-85 or 16-7-87;

(C.l) Constitutes any violation of Code Section 16-15-4, relating to criminal street gangs;

(D) Constitutes an offense within the exclusive jurisdiction of the superior court pursuant to subparagraph (b) (2) (A) of Code Section 15-11-28 which is transferred by the superior court to the juvenile court for adjudication pursuant to subparagraph (b) (2) (B) of Code Section 15-11-28 or which is transferred by the district attorney to the juvenile court for adjudication pursuant to subparagraph (b) (2)(C) of Code Section 15-1128; or

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(E) Constitutes a second or subsequent violation of Code Sections 16-82 through 16-8-9, relating to theft, if the property which was the subject of the theft was a motor vehicle.

(3) 'Intensive supervision' means the monitoring of a child's activities on a more frequent basis than regular aftercare supervision, pursuant to regulations of the commissioner of juvenile justice.

(b) Where a child is found to have committed a designated felony act, the order of disposition shall be made within 20 days of the conclusion of the dispositional hearing and shall include a finding based on a preponderance of the evidence as to whether, for the purposes of this Code section, the child does or does not require restrictive custody under this Code section, in connection with which the court shall make specific written findings of fact as to each of the elements set forth in paragraphs (I) through (5) of subsection (c) of this Code section as related to the particular child. If the court finds that restrictive custody under this Code section is not required, the order of disposition shall be as otherwise provided in this article. If the court finds that restrictive custody is required, it shall continue the proceeding and enter an order of disposition for restrictive custody. Every order under this Code section shall be a dispositional order, shall be made after a dispositional hearing, and shall state the grounds for the order.

(c) In determining whether restrictive custody is required, the court shall consider:

(1) The needs and best interests of the child;

(2) The record and background of the child;

(3) The nature and circumstances of the offense, including whether any injury involved was inflicted by the child or another participant;

(4) The need for protection of the community; and

(5) The age and physical condition of the victim.

(d) Notwithstanding subsection (c) of this Code section, the court shall order restrictive custody in any case where the child is found to have committed a designated felony act in which the child inflicted serious physical injury upon another person who is 62 years of age or more.

(e) When the order is for restrictive custody in the case of a child found to have committed a designated felony act:

(1) The order shall provide that:

(A) The child shall be placed in the custody of the Department of Juvenile Justice for an initial period of five years;

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(B) The child shall initially be confined in a youth development center for a period set by the order, to be not less than 12 nor more than 60 months; provided, however, that time spent in secure detention subsequent to the date of the order and prior to placement in a youth development center shall be counted toward the period set by the order; and, provided, further, that, where the order of the court is made in compliance with subsection (f) of this Code section, the child shall initially be confined in a youth development center for 18 months;

(C) Mter the period set under subparagraph (B) of this paragraph, the child shall be placed under intensive supervision for a period of 12 months; and
(D) The child may not be released from a youth development center or transferred to a nonsecure facility during the period provided in subparagraph (B) of this paragraph nor may the child be released from intensive supervision during the period provided in subparagraph (C) of this paragraph, unless by court order. No home visits shall be permitted during the first six-month period of confinement in a youth development center unless authorized by the court except for emergency visits for medical treatment or severe illness or death in the family. All home visits must be carefully arranged and monitored while a child is confined in a youth development center, whether such confinement is pursuant to a court order or otherwise;

(2) During the placement or any extension thereof:

(A) Mter the expiration of the period provided in subparagraph (C) of paragraph (1) of this subsection, the child shall not be released from intensive supervision without the written approval of the commissioner of juvenile justice or such commissioner's designated deputy;

(B) While in a youth development center, the child may be permitted to participate in all youth development center services and programs and shall be eligible to receive special medical and treatment services, regardless of the time of confinement in the youth development center. Mter the first six months of confinement in a youth development center, a child may be eligible to participate in youth development center sponsored programs including community work programs and sheltered workshops under the general supervision of a youth development center staff outside of the youth development center; and, in cooperation and coordination with the Department of Human Resources, the child may be allowed to participate in state sponsored programs for evaluation and services under the Division of Rehabilitation Services and Division of Mental Health, Mental Retardation, and Substance Abuse;

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(C) The child shall not be discharged from the custody of the Department of Juvenile Justice unless a motion therefor is granted by the court, which motion shall not be made prior to the expiration of one year of custody; and

(D) Unless otherwise specified in the order, the Department of Juvenile Justice shall report in writing to the court not less than once every six months during the placement on the status, adjustment, and progress of the child; and

(3) Upon the expiration of the initial period of placement in a youth development center, or any extension thereof, the placement may be extended on motion by the Department of Juvenile Justice, after a dispositional hearing, for an additional period of 12 months, provided that no initial placement or extension of custody under this Code section may continue beyond the individual's twenty-first birthday.

(f) When the order is for restrictive custody in the case of a child found to have committed any designated felony act and such child has been found by a court to have committed a designated felony act on a prior occasion, regardless of the age of the child at the time of commission of such prior act, the order of the court shall be made pursuant to subparagraph (e) (1) (B) of this Code section.

(g) The Department of Juvenile Justice shall retain the power to continue the confinement of the child in a youth development center or other program beyond the periods specified by the court within the term of the order.

(h) Any court making a finding or adjudication that a child has committed a designated felony act shall identifY the school last attended by such child and the school which such child intends to attend and shall transmit a copy of such adjudication or finding to the principals of the school which the child last attended and the school which the child intends to attend within 15 days of the adjudication or finding. Such information shall be subject to notification, distribution, and requirements as provided in Code Section 202-671.

15-11-64.

Any proceeding or other processes or actions relating to a child in which the sole allegation is that the child deserted without cause the child's home or place of abode for the first time shall be terminated or dismissed upon the request of the parent or legal custodian of the child.

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81

15-11-65.
(a) Dispositional hearing for delinquent or unruly child. If the court finds on proof beyond a reasonable doubt that the child committed the acts by reason of which he or she is alleged to be delinquent or unruly, it shall proceed immediately or at a later time to conduct a dispositional hearing for the purpose of hearing evidence as to whether the child is in need of treatment, rehabilitation, or supervision and shall make and file its findings thereon. If the child is to be held in custody at a detention facility between the adjudicatory hearing and the dispositional hearing, the court shall conduct the dispositional hearing within 30 days of the adjudicatory hearing. If the dispositional hearing is conducted more than 30 days after the adjudicatory hearing, the court shall make and file written findings of fact explaining the need for the delay. In the absence of evidence to the contrary, evidence sufficient to warrant a finding that acts have been committed which constitute a felony is also sufficient to sustain a finding that the child is in need of treatment or rehabilitation. If the court finds that the child is not in need of treatment, rehabilitation, or supervision, it shall dismiss the proceeding and discharge the child from any detention or other restriction theretofore ordered.
(b) Evidence. In dispositional hearings under subsection (a) of this Code section and in all proceedings involving custody of a child, all information helpful in determining the questions presented, including oral and written reports, may be received by the court and relied upon to the extent of its probative value even though not otherwise competent in the hearing on the petition. The parties or their counsel shall be afforded an opportunity upon request to examine and controvert written reports so received and to cross-examine individuals making the reports, except that portions of such reports not relied on by the court in reaching its decision which, if revealed, would be prejudicial to the interests of the child or any party to the proceeding may be withheld in the court's discretion. Confidential sources of information need not be disclosed.
15-11-66.
(a) At the conclusion of the adjudicatory hearing, if the child is found to have committed a delinquent act and is subsequently determined to be in need of treatment or rehabilitation, the court may make any of the following orders of disposition best suited to the child's treatment, rehabilitation, and welfare:
(1) Any order authorized by Code Section 15-11-55 for the disposition of a deprived child;
(2) An order placing the child on probation under conditions and limitations the court prescribes, under the supervision of:

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(A) The probation officer of the court or the court of another state as provided in Code Section 15-11-89;
(B) Any public agency authorized by law to receive and provide care for the child; or
(C) The chief executive officer of any community rehabilitation center acknowledging in writing such officer's willingness to accept the responsibility for the supervision of the child;
(3) An order placing the child in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority;
(4) An order committing the child to the Department of Juvenile Justice;
(5) An order requiring that the child make such restitution as defined in paragraph (7) of Code Section 17-14-2. Such order may remain in force and effect simultaneously with any other order of the court, including, but not limited to, an order of commitment to the Department of Juvenile Justice. While an order requiring restitution is in effect, the enforcement thereof may be transferred to the Department of Juvenile Justice. In the event that the child changes his or her place of residence while the order is still in effect, the court may tr;~nsfer enforcement of its order to the juvenile court of the county of the child's residence and its probation staff; however, no order of restitution shall be enforced while such child is in placement at a youth development center unless the commissioner of juvenile justice certifies that a restitution program is available at such facility. Payment of funds under this paragraph shall be made by the child or the child's family or employer directly to the clerk of the juvenile court entering the order or another employee of that court designated by the judge, and that court shall disburse such funds in the manner authorized in the order;

(6) An order requmng that the child perform community service in a manner prescribed by the court and under the supervision of an individual designated by the court; or
(7) An order requiring the child to remit to the general fund of the county a sum not to exceed the maximum applicable to an adult for commission of any of the following offenses: homicide by vehicle, manslaughter resulting from the operation of a motor vehicle, any felony in the commission of which a motor vehicle is used, hit and run or leaving the scene of an accident, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, fraudulent or fictitious use of a license, driving under the influence of alcohol or drugs, possession of

GEORGIA LAWS 2000 SESSION

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controlled substances or marijuana, driving without proof of minimum required motor vehicle insurance, or any violation of the Code sections contained in Title 40 which is properly adjudicated as a delinquent act.
(b) At the conclusion of the adjudicatory hearing, if the child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the driver's license of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of a child who does not have a driver's license, prohibit the issuance of a driver's license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the driver's license for a period of suspension and return it to the offender at the end of such period. The court shall notify the Department of Public Safety of any such actions taken pursuant to this subsection. If the child is adjudicated for the commission of a delinquent act, the court may in its discretion, in addition to any other treatment or rehabilitation, order the child to serve up to a maximum of 90 days in a youth development center.
(b.l) Notwithstanding the provisions of subsections (a) and (b) of this Code section, at the conclusion of the adjudicatory hearing, if the child is found to have committed a delinquent offense which would be a violation of subsection (k) of Code Section 40-6-391 if committed by an adult, the court shall make an order of disposition which, for purposes of the child's rehabilitation, imposes the same penalty, period of confinement, and period of community service provided in Code Section 40..6-391 which are applicable to an adult convicted of violating subsection (k) of Code Section 40..6-391, with any such period of confinement to be served in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority or, if no such facility is available, in a regional youth detention center, provided that such child shall be kept segregated from all children other than those confined for violating subsection (k) of Code Section 40-6-391. A previous finding that the child committed such a delinquent offense shall be deemed a previous conviction for purposes of this subsection. The judge shall have the same authority and discretion regarding allowing service of confinement on weekends or during nonworking hours as is provided under subsection (a) of Code Section 17-10-3.1.
(c) In any case in which a child who has not achieved a high school diploma or the equivalent is placed on probation, the court may require as a condition of probation that the child pursue a course of study designed to lead to achieving a high school diploma or the equivalent; and, in any case in which such a condition of probation may be imposed, the court shall give express consideration to whether such a condition should be imposed.

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15-11-66.1.
(a) Any term used in this Code section and defined in Code Section 31-229.1 shall have the meaning provided for such term in Code Section 31-229.1.
(b) As part of any order of disposition regarding a child adjudged to have committed a delinquent act constituting an AIDS transmitting crime, the court may in its discretion and after conferring with the director of the health district, as such officer is provided for in Code Section 31-3-15, order that child to submit to an HIV test within 45 days following the adjudication of delinquency and shall mail the Department of Juvenile Justice a copy of such order within three days following the issuance thereof.
(c) The Department of Juvenile Justice, within 30 days following receipt of the copy of order under subsection (b) of this Code section, shall arrange for the HIV test for the child ordered to submit thereto.
(d) Any child sentenced to the custody and control of the Department of Corrections or the Department of Juvenile Justice shall be HIV tested in accordance with the policies and procedures of the respective department.
(e) If a child is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the child shall be deemed to be AIDS confidential information and shall be reported to:
(1) The Department of Juvenile Justice or the Department of Corrections, as the case may be, and the Department of Human Resources, the latter of which may disclose the name of the child if necessary to provide and shall provide counseling to each victim of that child's AIDS transmitting crime or to any parent or guardian of any victim who is a minor or incompetent person, if the Department of Juvenile Justice or the Department of Corrections believes the crime posed a reasonable risk of transmitting HIV to the victim;
(2) The court which ordered the HIV test; and

(3) Those persons in charge of any facility to which the child has been confined by order of the court. In addition to any other restrictions regarding the confinement of children, a child determined to be an HIV infected person may be confined in that facility separately from any other children in that facility other than those who have been determined to be infected with HIV if:

(A) That child is reasonably believed to be sexually active while confined;

GEORGIA lAWS 2000 SESSION

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(B) That child is reasonably believed to be sexually predatory either during or prior to detention; or
(C) The commissioner of juvenile justice or the commtsswner of corrections, as the case may be, reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted.

15-11-67.
H the child is found to be unruly, the court may make any disposition authorized for a delinquent child except that, if commitment to the Department of Juvenile Justice is ordered, the court shall first find that the child is not amenable to treatment or rehabilitation pursuant to paragraph (1), (2), or (3) of subsection (a) of Code Section 15-11-66.

15-11-68.
When any child is before a juvenile court and such child is found by the court to have committed a delinquent act, to be an unruly child, or to have committed ajuvenile traffic offense as defined in Code Section 15-11-73, the court shall be authorized, in addition to any other disposition authorized by this article, to order such child and such child's parents or guardian to participate in counseling or in counsel and advice as determined by the court. Such counseling and counsel and advice may be provided by the court, court personnel, probation officers, professional counselors or social workers, psychologists, physicians, qualified volunteers, or appropriate public, private, or volunteer agencies as directed by the court and shall be designed to assist in deterring future delinquent or unruly acts, or other conduct or conditions which would be harmful to the child or society.
15-11-69.
(a) Before a pet1Uon is filed, the probation officer or other officer of the court designated by the court, subject to the court's direction, may give counsel and advice to the parties with a view to an informal adjustment if it appears that:
( 1) The admitted facts bring the case within the jurisdiction of the court;
(2) Counsel and advice without an adjudication would be in the best interest of the public and the child; and
(3) The child and the child's parents, guardian, or other custodian consent thereto with knowledge that consent is not obligatory.
(b) The giving of counsel and advice cannot extend beyond three months from the day commenced unless extended by the court for an additional period not to exceed three months and does not authorize the detention of the child if not otherwise permitted by this article.

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(c) An incriminating statement made by a participant to the person giving counsel or advice and in the discussion or conferences incident thereto shall not be used against the declarant over objection in any hearing except in a hearing on disposition in a juvenile court proceeding or in a criminal proceeding against such declarant after conviction for the purpose of a presentence investigation.

(d) If a child is alleged to have committed a designated felony act as defined in Code Section 15-11-63, the case shall not be subject to informal adjustment, counsel, or advice without the prior written notification of the district attorney or his or her authorized representative.
15-11-70.
Except as otherwise provided by law, an order of disposition committmg a delinquent or unruly child to the Department of Juvenile Justice continues in force for two years or until the child is sooner discharged by the Department of Juvenile Justice. The court which made the order may extend its duration for an additional two years subject to like discharge, if:

(1) A hearing is held upon motion of the Department of Juvenile Justice prior to the expiration of the order;
(2) Reasonable notice of the factual basis of the motion and of the hearing and an opportunity to be heard are given to the child and the parent, guardian, or other custodian; and
(3) The court finds that the extension is necessary for the treatment or rehabilitation of the child.
15-11-71.
(a) The purpose of this Code section is to allow the juvenile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to expand the provision of the following types of ancillary services:

(1) Housing in nonsecure facilities that meet the requirements of Code Section 15-11-48; (2) Educational services, tutorial services, or both; (3) Counseling and diagnostic testing; (4) Mediation; (5) Transportation to and from court ordered services; (6) Restitution programs; and

(7) Job development or work experience programs.

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(b) The juvenile court may order each delinquent or unruly child who receives supervision under paragraph (5) of subsection (a) of Code Section 15-11-66, Code Section 15-11-67, or paragraph (2) of subsection (a) of Code Section 15-11-69 to pay:
(1) An initial court supervision user's fee of not less than $10.00 nor more than $200.00; and
(2) A court supervision user's fee of not less than $2.00 nor more than $30.00 for each month that the child receives supervision
to the clerk of the court. The child and each parent, guardian, or legal custodian of the child may be jointly and severally liable for the payment of the fee and shall be subject to the enforcement procedure stated in subsection (b) of Code Section 15-11-8. The judge shall attempt to provide that any such fees shall be imposed on such terms and conditions as shall assure that the funds for the payment are from moneys earned by the child. All moneys collected by the clerk under this subsection shall be transferred to the county treasurer, or such other county official or employee who performs duties previously performed by said treasurer, who shall deposit the moneys into a county supplemental juvenile services fund. The governing authority of the county shall appropriate moneys from the county supplemental juvenile services fund to the juvenile court for the court's discretionary use in providing supplemental community based services described in subsection (a) of this Code section to offenders who are children. These funds shall be administered by the county and the court may draw upon them by submitting invoices to the county. The county supplemental juvenile services fund may be used only for these services. Any moneys remaining in the fund at the end of the county fiscal year shall not revert to any other fund but shall continue in the county supplemental juvenile services fund. The county supplemental juvenile services fund may not be used to replace other funding of services.
(c) For the purpose of this Code section, the term 'guardian' or 'legal custodian' shall not be interpreted or construed to include the Department of Human Resources.
15-11-72.
An order of disposition or other adjudication in a proceeding under this article is not a conviction of a crime and does not impose any civil disability ordinarily resulting from a conviction nor operate to disqualify the child in any civil service application or appointment.

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15-11-73.

(a) Definition. Except as provided in subsection (c) of this Code section, a juvenile traffic offense consists of a violation by a child under the age of 17 of:
(1) A law or local ordinance governing the operation of a moving motor vehicle upon the streets or highways of this state or upon the waterways within or adjoining this state; or

(2) Any other motor vehicle traffic law or local ordinance if the child is taken into custody and detained for its violation or is transferred to the juvenile court by the court hearing the charge.

(b) Jurisdiction. Notwithstanding the provisions of Title 40 which grant jurisdiction over traffic court offenses to certain courts, the juvenile court shall have exclusive original jurisdiction over juvenile traffic offenses.

(c) Exceptions. The following offenses shall be delinquent offenses and shall not be handled as juvenile traffic offenses: homicide by vehicle, manslaughter resulting from the operation of a vehicle, any felony in the commission of which a motor vehicle is used, racing on highways and streets, using a motor vehicle in fleeing or attempting to elude an officer, fraudulent or fictitious use of a license, hit and run or leaving the scene of an accident, driving under the influence of alcohol or drugs, possession of a controlled substance or marijuana, and any other offense for which driving privileges may be suspended or revoked for an adult.

(d) Nature of offense. A juvenile traffic offense is not an act of delinquency unless the case is transferred to the delinquency calendar as provided in subsection (i) of this Code section.

(e) Procedure. The summons, notice to appear, or other designation of a citation accusing a child of committing a juvenile traffic offense constitutes the commencement of the proceedings in the court of the county in which the alleged violation occurred and serves in place of a summons and petition under this article. These cases shall be filed and heard separately from other proceedings of the court. If the child is taken into custody on the charge, Code Sections 15-1146 and 15-1149 shall apply. If the child is, or after commencement of the proceedings becomes, a resident of another county of this state, the court in the county where the alleged traffic offense occurred may retain jurisdiction over the entire case.

(f) Hearing. The court shall fix a time for a hearing and shall give reasonable notice thereof to the child and, if their address is known, to the parents, guardian, or custodian. If the accusation made in the summons, notice to appear, or other designation of a citation is denied, an informal hearing

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shall be held at which the parties shall have the right to subpoena witnesses, present evidence, cross-examine witnesses, and appear by counsel. The hearing shall be open to the public.

(g) Disposition. If the court finds on the admission of the child or upon the evidence that the child committed the offense charged, it may make one or more of the following orders:

(1) Reprimand, counsel, or warn the child and the child's parents; provided, however, that this dispositional order is not available for any offense listed in subsection (c) of this Code section;

(2) As a matter of probation or if the child is committed to the custody of the state, order the Department of Public Safety to suspend the child's privilege to drive under stated conditions and limitations for a period not to exceed 12 months;

(3) Require the child to attend a traffic school conducted by the Department of Public Safety or a substance abuse clinic or program approved by either the Department of Human Resources or the Council of Juvenile Court Judges for a reasonable period of time;

(4) Order the child to remit to the general fund of the county a sum not exceeding the maximum applicable to an adult for a like offense;

(5) Require the child to participate in a program of community service as specified by the court;

(6) Impose any sanction authorized by Code Section 15-11-66, 15-11-67, or 15-11-68; or

(7) Place the child on probation subject to the conditions and limitations imposed by Title 40 on probation granted to adults for like offenses, but such probation shall be supervised by the court as provided in Code Section 15-11-66.

(h) Fines. If a fine is assessed under paragraph (4) of subsection (g) of this Code section, such fine shall be subject to all additions and penalties as specified under this title and Title 47.

(i) Transfer to delinquency calendar. In lieu of the preceding orders, if the evidence indicates the advisability thereof, the court may transfer the case to the delinquency calendar of the court and direct the filing and service of a summons and petition in accordance with this article. The judge so ordering is disqualified, upon objection, from acting further in the case prior to an adjudication that the child committed a delinquent act.
(j) Reporting procedure. Upon finding that the child has committed a juvenile traffic offense or a delinquent offense which would be a violation of Title 40 if committed by an adult, the court shall forward, within ten days, a report

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of the final adjudication and disposition of the charge to the Department of Public Safety; provided, however, that this procedure shall not be applicable to those cases which have been dismissed or in which the child and the child's parents have been reprimanded, counseled, or warned by the court pursuant to paragraph (1) of subsection (g) of this Code section. The Department of Public Safety shall record the adjudication and disposition of the offense on the child's permanent record and such adjudication and disposition shall be deemed a conviction for the purpose of suspending or revoking the individual's driver's license. Such record shall also be available to law enforcement agencies and courts as are the permanent traffic records of adults.
Part 8

15-11-78.

(a) Except as otherwise provided by subsection (b) of this Code section, the general public shall be excluded from hearings involving delinquency, deprivation, or unruliness. Only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court. The court may temporarily exclude the child from the hearing except while allegations of his or her delinquency or unruly conduct are being heard.

(b) The general public shall be admitted to:

( 1) An adjudicatory hearing involving an allegation of a designated felony pursuant to Code Section 15-11-63;

(2) An adjudicatory hearing involving an allegation of delinquency brought in the interest of any child who has previously been adjudicated delinquent; provided, however, the court shall close any delinquency hearing on an allegation of sexual assault or any delinquency hearing at which any party expects to introduce substantial evidence related to matters of deprivation;

(3) Any child support hearing;

(4) Any hearing in a legitimation action filed pursuant to Code Section 19-7-22; or

(5) At the court's discretion, any dispositional hearing involving any proceeding under this article.

15-11-79.

(a) Except as provided in subsection (b) of this Code section, all files and records of the court in a proceeding under this article are open to inspection only upon order of the court.

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{b) Subject to the requirements of subsection (c) of Code Section 15-11-56, subsection (b) of Code Section 15-11-65, and Code Section 15-11-79.2, the general public shall be allowed to inspect court files and records for cases arising under Code Section 15-11-73 or any complaint, petition, or order from any case that was open to the public pursuant to subsection (b) of Code Section 15-11-78. The general public shall be allowed to inspect court files and records for proceedings involving a legitimation petition under the jurisdiction of the juvenile court pursuant to paragraph (1) or (2) of subsection (e) of Code Section 15-11-28.
(c) (1) The judge may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution the judge may deem proper and may punish by contempt any violation of those conditions.
(2) The judge may permit any school principal or any school guidance counselor, school social worker, or school psychologist who is certified under Chapter 2 of Title 20 and who is counseling a child as a part of such counseling person's school employment duties to review official records of the court in any proceeding under this chapter concerning that child, including but not limited to records of that child's controlled substance or marijuana abuse, which records are protected by Code Section 49-5-41.1, under whatever conditions that the judge may deem proper and may punish by contempt any violation of those conditions.
(d) The judge shall permit authorized representatives of the Department of Juvenile Justice, the Department of Corrections, the Children and Youth Coordinating Council, and the Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on children and to make copies pursuant to the order of the court.
(e) Notwithstanding any other provision of law, the complaint, petition, order of adjudication, and order of disposition in any delinquency case in which the child has been adjudicated to be delinquent for a violation of the criminal laws of this state shall be disclosed upon request of counsel for the state or the accused for use preliminarily to or in conjunction with a subsequent juvenile or criminal proceeding in a court of record.
15-11-79.1.
The disposition of a child and evidence adduced in a hearing in the juvenile court may not be used against such child in any proceeding in any court other than for a proceeding for delinquency or unruliness, whether before or after reaching majority, except in the establishment of conditions of bail, plea negotiations, and sentencing in felony offenses; and, in such excepted

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cases, such records of dispositions and evidence shall be available to district attorneys and superior court judges and the accused and may be used in the same manner as adult records.

15-11-79.2.

(a) On application of a person who has been adjudicated delinquent or unruly or on the court's own motion, and after a hearing, the court shall order the sealing of the files and records in the proceeding, including those specified in Code Sections 15-11-82 and 15-11-83, if the court finds that:

(1) Two years have elapsed since the final discharge of the person;
(2) Since the final discharge of the person he or she has not been convicted of a felony or of a misdemeanor involving moral turpitude or adjudicated a delinquent or unruly child and no proceeding is pending against the person seeking conviction or adjudication; and

(3) The person has been rehabilitated. (b) Reasonable notice of the hearing shall be given to:

(1) The district attorney;

(2) The authority granting the discharge if the final discharge was from an institution or from parole; and
(3) The law enforcement officers or department having custody of the files and records if the files and records specified in Code Sections 15-1182 and 15-11-83 are included in the application or motion.
(c) Upon the entry of the order the proceeding shall be treated as if it had never occurred. All index references shall be deleted and the person, the court, the law enforcement officers, and the departments shall properly reply that no record exists with respect to the person upon inquiry in any matter. Copies of the order shall be sent to each agency or official therein named and shall also be sent to the deputy director of the Georgia Crime Information Center. Inspection of the sealed files and records thereafter may be permitted by an order of the court upon petition by the person who is the subject of the records and only by those persons named in the order or to criminal justice officials upon petition to the court for official judicial enforcement or criminal justice purposes.
(d) Except as otherwise provided by the court, no order sealing files and records under this Code section may be issued regarding any proceeding in which the general public may not be excluded from the hearing under subsection (a) or (b) of Code Section 15-11-78.

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15-11-80.
Within 30 days of any proceeding in which a child is adjudicated delinquent for a second or subsequent time or any adjudicatory proceeding involving a designated felony, the 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 delinquent act or designated felony act that such child committed.
15-11-81.
(a) Records. Subject to the earlier sealing of certain records pursuant to Code Section 15-11-79.2, the juvenile court shall make and keep records of all cases brought before it and shall preserve the records pertaining to a child in accordance with the common records retention schedules for courts approved by the State Records Committee pursuant to Code Section 50-1892. Thereafter, the court may destroy such records, except that records of cases where orders were entered permanently depriving a parent of the custody of a child and records of cases involving a petition for legitimation of a child filed pursuant to Code Section 19-7-22 shall be preserved permanently. The court shall notify the deputy director of the Georgia Crime Information Center upon the destruction of any such felony records. The juvenile court shall make official minutes consisting of all petitions and orders filed in a case and any other pleadings, certificates, proofs of publication, summonses, warrants, and other writs which may be filed therein and shall make social records consisting of records of investigation and treatment and other confidential information. The provisions of this subsection notwithstanding, identification data shall be maintained and shall be disseminated to criminal justice officials for official judicial enforcement or criminal justice purposes as provided in Code Section 35-3-33.
(b) Records, dockets, indexes, Jiles. Nothing in this chapter shall restrict or oth-
erwise prohibit a juvenile court clerk from electing to store for computer retrieval any or all records, dockets, indexes, or files; nor shall a juvenile court clerk be prohibited from combining or consolidating any books, dockets, files, or indexes in connection with the filing for record of papers of the kind specified in this chapter or any other law, provided that any automated or computerized record-keeping method or system shall provide for the systematic and safe preservation and retrieval of all books, dockets, records, or indexes. When the clerk of a juvenile court elects to store for computer retrieval any or all records, the same data elements used in a manual system shall be used, and the same integrity and security maintained.

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15-11-82.
(a) Except as provided in Code Sections 15-11-79 and 15-11-83, law enforcement records and files concerning a child shall be kept separate from the records and files of arrests of adults.

(b) Unless a charge of delinquency is transferred for criminal prosecution under Code Section 15-11-30.2, or the interest of national security requires, or the case is one in which the general public may not be excluded from the hearings under subsection (a) or (b) of Code Section 15-11-78, or the court otherwise orders in the interest of the child, the records and files shall not be open to public inspection nor shall their contents be disclosed to the public.
(c) Inspection of the records and files is permitted by:

(1) A juvenile court having the child before it in any proceeding;

(2) Counsel for a party to the proceedings, with the consent of the court;

(3) The officers of public institutions or agencies to whom the child is committed;

(4) Law enforcement officers of this state, the United States, or any other jurisdiction when necessary for the discharge of their official duties;
(5) A court in which the child is convicted of a criminal offense, for the purpose of a presentence report or other dispositional proceeding;

(6) Officials of penal institutions and other penal facilities to which the child is committed;

(7) A parole board in considering the child's parole or discharge or in exercising supervision over the child; or

(8) Any school superintendent, principal, assistant principal, school guidance counselor, school social worker, school psychologist certified under Chapter 2 of Title 20, or school law enforcement officer appointed pursuant to Chapter 2, 3, or 8 of Title 20 when necessary for the discharge of his or her official duties.

(d) The court shall allow authorized representatives of the Department of Juvenile Justice, the Department of Corrections, and the Council of Juvenile Court Judges to inspect and copy law enforcement records for the purpose of obtaining statistics on children.
(e) Any law enforcement records and files involving an offense over which the superior court shall have exclusive jurisdiction as provided in paragraph (2) of subsection (b) of Code Section 15-11-28 shall be kept and reported in the same manner as the records and files of adults.

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(f) Access to fingerprint records submitted to the Georgia Bureau of Investigation pursuant to Code Section 15-11-83 shall be limited to the administration of criminal justice purposes as defined in Code Section 15-11-2.

15-11-83.
(a) Every child charged with an act which would be a felony if committed by an adult, other than those status offender crimes as defined in Code Section 15-11-2, shall be fingerprinted and photographed upon being taken into custody. Fingerprints and photographs of children shall be taken and filed separately from those of adults by law enforcement officials to be used in investigating the commission of crimes and to be made available as provided in this article and as may be directed by the court.
(b) All children sentenced to the custody of the Department of Corrections shall be fingerprinted. The fingerprinting of child inmates will be processed in accordance with the Department of Corrections' policies for adult inmates.
(c) Fingerprint files and photographs of children may be inspected by law enforcement officers when necessary for criminal justice purposes and for the discharge of their official duties. The names and addresses of children who have been fingerprinted or photographed and the offense or offenses charged shall be made available in the discretion of the court to the appropriate department of family and children services and school superintendent. This information may be disseminated by the appropriate school superintendent to the child's teachers and counselors in the superintendent's discretion. Other inspections may be authorized by the court in individual cases upon a showing that it is necessary in the public interest.
(d) If a child has been charged with an offense that if committed by an adult would be a felony, or if the case is transferred to another court for prosecution, the child's fingerprints, personal identification data, and other pertinent information shall be forwarded to the Georgia Crime Information Center of the Georgia Bureau of Investigation. The Georgia Crime Information Center shall create a juvenile fingerprint file and enter the data into the computerized criminal history files. The Georgia Bureau of Investigation shall act as the official state repository for juvenile history data and is authorized to disseminate such data for the purposes specified in Code Section 15-11-82.
(e) Upon application of the child, fingerprints and photographs of a child shall be removed from the file and destroyed if a petition alleging delinquency is not filed or the proceedings are dismissed after either a petition is filed or the case is transferred to the juvenile court as provided in Code Section 15-11-30.4 or the child is adjudicated not to be a delinquent child. The court shall notify the deputy director of the Georgia Crime Information

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Center when fingerprints and photographs are destroyed pursuant to this subsection, and the Georgia Bureau of Investigation shall treat such records in the same manner as expunged records pursuant to subsection (c) of Code Section 35-3-37.
(f) Except as provided in this Code section, without the consent of the judge, a child shall not be photographed after he or she is taken into custody unless the case is transferred to another court for prosecution.

(g) (1) The name or picture of any child under the jurisdiction of the juvenile court for the first time shall not be made public by any news media, upon penalty of contempt under Code Section 15-11-5, except as otherwise provided in paragraph (2) of this subsection or as authorized by an order of the court.
(2) It shall be mandatory upon the judge of the juvenile court or his or her designee to release the name of any child with regard to whom a petition has been filed alleging the child committed a designated felony act or alleging the child committed a delinquent act if the child has previously been adjudicated delinquent or if the child has previously been before the court on a delinquency charge and adjudication was withheld. No person, firm, or corporation shall be guilty of any offense by making public the name or picture of any such child.
Part 9

15-11-87.

(a) If the court finds that a child who has been adjudged to have committed a delinquent act or to be unruly or deprived is or is about to become a resident of another state which has adopted the Uniform Juvenile Court Act or a substantially similar act which includes provisions corresponding to this Code section and Code Section 15-11-88, the court may defer the hearing on the need for treatment or rehabilitation and disposition and may request by any appropriate means the juvenile court of the child's residence or prospective residence to accept jurisdiction of the child.
(b) If the child becomes a resident of another state while on probation or under protective supervision under order of a court of this state, the court may request the juvenile court of the county of the state in which the child has become a resident to accept jurisdiction of the child and to continue his or her probation or protective supervision.

(c) Upon receipt and filing of an acceptance, the court of this state shall transfer custody of the child to the accepting court and cause the child to be delivered to the person designated by that court to receive custody of the child. It also shall provide that court with certified copies of the order adjudging the child to be a delinquent, unruly, or deprived child, of the order

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of transfer, and, if the child is on probation or under protective supervision under order of the court, of the order of disposition. It also shall provide that court with a statement of the facts found by the court of this state and any recommendations and other information it considers of assistance to the accepting court in making a disposition of the case or in supervising the child on probation or otherwise.
(d) Upon compliance with subsection (c) of this Code section the jurisdiction of the court of this state over the child is terminated.

15-11-88.
(a) If a juvenile court of another state which has adopted the Uniform Juvenile Court Act or a substantially similar act which includes provisions corresponding to this Code section and Code Section 15-11-87 requests a court of this state to accept jurisdiction of a child found by the requesting court to have committed a delinquent act or to be an unruly or deprived child and the court of this state finds, after investigation, that the child is or is about to become a resident of the county in which the court presides, it shall promptly and not later than 14 days after receiving the request issue its acceptance in writing to the requesting court and shall direct its probation officer or other person designated by it to take physical custody of the child from the requesting court and bring the child before the court of this state or make other appropriate provisions for the child's appearance before the court.
(b) Upon the filing of certified copies of the orders of the requesting court determining that the child committed a delinquent act or is an unruly or deprived child and committing the child to the jurisdiction of a court of this state, the court of this state shall immediately fix a time for a hearing on the need for treatment or rehabilitation and disposition of the child or on the continuance of any probation or protective supervision.

(c) The hearing and notice thereof and all subsequent proceedings shall be governed by this article. The court may make any order of disposition permitted by the facts and this article. The orders of the requesting court are conclusive that the child committed the delinquent act or is an unruly or deprived child and of the facts found by the court in making the orders, subject only to Code Section 15-11-40. If the requesting court has made an order placing the child on probation or under protective supervision, a like order shall be entered by the court of this state. The court may modifY or vacate the order in accordance with Code Section 15-11-40.
15-11-89.

(a) Subject to the provisions of this article governing dispositions and to the extent that funds of the county are available, the court may place a child in the custody of a suitable person in another state. On obtaining the written

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consent of a juvenile court of another state which has adopted the Uniform Juvenile Court Act or a substantially similar act which includes provisions corresponding to this Code section and Code Section 15-11-90, the court of this state may order that the child be placed under the supervision of a probation officer or other appropriate official designated by the accepting court. One certified copy of the order shall be sent to the accepting court and another shall be filed with the clerk of the governing authority of the county of the requesting court of this state.
(b) The reasonable cost of the supervision, including the expenses of necessary travel, shall be borne by the county of the requesting court of this state. Upon receiving a certified statement signed by the judge of the accepting court of the cost incurred by the supervision, the court of this state shall certify if it appears that the sum so stated was reasonably incurred and shall file it with the appropriate officials of the county for payment. The appropriate officials shall thereupon issue a warrant for the sum stated payable to the appropriate officials of the county of the accepting court.
15-11-89.1.
If a child has been placed on probation or protective supervision by a juvenile court of another state which has adopted the Uniform Juvenile Court Act or a substantially similar act which includes provisions corresponding to this Code section and the child is in this state with or without the permission of that court, the probation officer of that court or other person designated by that court to supervise or take custody of the child has all the powers and privileges in this state with respect to the child as are given by this article to like officers or persons of this state, including the rights of visitation, counseling, control, direction, taking into custody, and returning to that state.
15-11-90.
(a) Upon receiving a request from a court exercising jurisdiction over children of another state which has adopted the Uniform Juvenile Court Act or a substantially similar act which includes provisions corresponding to this Code section and Code Section 15-11-89 to provide supervision of a child under the jurisdiction of that court, a court of this state may issue its written acceptance to the requesting court and may designate its probation or other appropriate officer who is to provide supervision, stating the probable cost per day therefor.
(b) Upon the receipt and filing of a certified copy of the order of the requesting court placing the child under the supervision of the officer so designated, the officer shall arrange for the reception of the child from the re-

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questing court, shall provide supervision pursuant to the order and this article, and shall report thereon from time to time to the requesting court, including in the report any recommendations which he or she may have.

(c) The court in this state from time to time shall certify to the requesting court the cost of supervision that has been incurred and shall request payment therefor from the appropriate officials of the county of the requesting court to the appropriate officials of the county of the accepting court.

(d) The court of this state at any time may terminate supervision by notifying the requesting court. In that case, or if the supervision is terminated by the requesting court, the probation officer supervising the child shall return the child to a representative of the requesting court authorized to receive the child.
ARTICLE 2

15-11-93.
An order terminating the parental rights of a parent under this article is without limit as to duration and terminates all the parent's rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in the proceedings.

15-11-94.
(a) In considering the termination of parental rights, the court shall first determine whether there is present clear and convincing evidence of parental misconduct or inability as provided in subsection (b) of this Code section. If there is clear and convincing evidence of such parental misconduct or inability, the court shall then consider whether termination of parental rights is in the best interest of the child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home.
(b) Except as provided in subsections (e) through (h) of Code Section 1511-96, the court by order may terminate the parental rights of a parent with respect to the parent's child if:

(1) The written consent of the parent, acknowledged before the court, has been given; provided, however, that acknowledgment before the court is not necessary where the parent or parents voluntarily surrender the child for adoption as provided by subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7;

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(2) A decree has been entered by a court of competent jurisdiction of this or any other state ordering the parent, guardian, or other custodian to support the child, and the parent, guardian, or other custodian has wantonly and willfully failed to comply with the order for a period of 12 months or longer;

(3) The parent has abandoned the child or the child was left under circumstances that the identity of the parent is unknown and cannot be ascertained despite diligent searching, and the parent has not come forward to claim the child within three months following the finding of the child; or

(4) (A) The court determines parental misconduct or inability by finding that:

(i) The child is a deprived child, as such term is defined in Code Section 15-11-2;

(ii) The lack of proper parental care or control by the parent in question is the cause of the child's status as deprived;

(iii) Such cause of deprivation is likely to continue or will not likely be remedied; and

(iv) The continued deprivation will cause or is likely to cause serious physical, mental, emotional, or moral harm to the child.
(B) In determining whether the child is without proper parental care and control, the court shall consider, without being limited to, the following:

(i) A medically verifiable deficiency of the parent's physical, mental, or emotional health of such duration or nature as to render the parent unable to provide adequately for the physical, mental, emotional, or moral condition and needs of the child;

(ii) Excessive use of or history of chronic unrehabilitated abuse of intoxicating liquors or narcotic or dangerous drugs or controlled substances with the effect of rendering the parent incapable of providing adequately for the physical, mental, emotional, or moral condition and needs of the child;

(iii) Conviction of the parent of a felony and imprisonment therefor which has a demonstrable negative effect on the quality of the parentchild relationship;

(iv) Egregious conduct or evidence of past egregious conduct of the parent toward the child or toward another child of a physically, emotionally, or sexually cruel or abusive nature;

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(v) Physical, mental, or emotional neglect of the child or evidence of past physical, mental, or emotional neglect of the child or of another child by the parent; and
(vi) Injury or death of a sibling under circumstances which constitute substantial evidence that such injury or death resulted from parental neglect or abuse.
(C) In addition to the considerations in subparagraph (B) of this paragraph, where the child is not in the custody of the parent who is the subject of the proceedings, in determining whether the child is without proper parental care and control, the court shall consider, without being limited to, whether the parent without justifiable cause has failed significantly for a period of one year or longer prior to the filing of the petition for termination of parental rights:
(i) To develop and maintain a parental bond with the child in a meaningful, supportive manner;

(ii) To provide for the care and support of the child as required by law or judicial decree; and

(iii) To comply with a court ordered plan designed to reunite the child with the parent or parents.

(c) If the court does not make an order of termination of parental rights, it may grant an order under Code Section 15-11-55 if the court finds from clear and convincing evidence that the child is a deprived child.

15-11-95.

(a) The petition to terminate parental rights and all subsequent court docu-

ments in the proceeding shall be entitled 'In the matter of

,a

child.', except upon appeal, in which event the anonymity of the child shall

be preserved by appropriate use of initials. The petition shall be in writing.

(b) The petition shall be made, verified, and endorsed by the court as provided in Article 1 of this chapter for a petition alleging deprivation.

(c) The petition shall state clearly that an order for termination of parental rights is requested and that the effect thereof will be as stated in Code Section 15-11-93, and shall set forth in ordinary and concise language the facts required by Code Section 15-11-38.1.

(d) When a petition seeks termination of the rights of a biological father who is not the legal father and who has not surrendered his rights to the child, the petition shall be amended to include a certificate from the putative father registry disclosing the name, address, and social security number of any registrant acknowledging paternity of the child pursuant to subparagraph (d) (2)(A) of Code Section 19-11-9 or indicating the possibility of pa-

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ternity of a child of the child's mother pursuant to subparagraph (d) (2) (B) of Code Section 19-11-9 for a period beginning no later than two years immediately prior to the child's date of birth. Such certificate shall document a search of the registry on or after the date of the filing of the petition and shall include a statement that the registry is current as to filings of registrants as of the date of the petition or as of a date later than the date of the petition.
15-11-96.
(a) Upon filing of the petttion, summons shall be issued forthwith on the child's parents, guardian, lawful custodian, and on the person presently having physical custody of the child.

(b) A copy of the petition shall be attached to the summons in all cases other than service by publication. When served by publication, the notice shall indicate the general nature of the allegations and where a copy of the petition may be obtained by the child's parents, guardian, lawful custodian, and the person presently having physical custody of the child. Such copy shall be available from the court during business hours. A free copy shall be available to the parent or, upon request, shall be mailed to the parent. All summons shall contain a statement to the effect that the hearing is for the purpose of terminating parental rights.
(c) The summons shall require the person who has physical custody of the child to appear personally and to bring the child before the court at the time and place stated in the summons. Where, at the court's discretion, it is deemed in the interest of the child that the child need not be brought before the court, the court may so indicate. The summons shall be served at least 30 days before the time set for the hearing, and a copy of the petition shall be served together with the summons and shall be made in the manner provided in Code Section 9-11-4, relating to service in civil practice.
(d) If the paternity of a child born out of wedlock has been established in a judicial proceeding to which the father was a party prior to the filing of the petition, the father shall be served with summons as provided by this article. Such father has the right to be heard unless he has relinquished all paternal rights with reference to the child.
(e) If there is a biological father who is not the legal father of a child and he has not executed a surrender as specified in paragraph (2) of subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 he shall be notified of the proceedings pursuant to this Code section in the following circumstances:
(1) If his identity is known to the petitioner or the petitioner's attorney;

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(2) If he is a registrant on the putative father registry who has acknowledged paternity of the child in accordance with subparagraph (d) (2) (A) of Code Section 19-11-9;
(3) If he is a registrant on the putative father registry who has indicated possible paternity of a child of the child's mother in accordance with subparagraph (d) (2) (B) of Code Section 19-11-9 during a period beginning two years immediately prior to the child's date of birth; or

(4) If the court finds from the evidence, including but not limited to the affidavit of the mother executed in compliance with the court's requirement pursuant to subsection (g) of this Code section in the form provided in subsection (h) of Code Section 19-8-26, that such biological father who is not the legal father has performed any of the following acts:

(A) Lived with the child;

(B) Contributed to the child's support;

(C) Made any attempt to legitimate the child; or

(D) Provided support or medical care for the mother either during her pregnancy or during her hospitalization for the birth of the child.

(f) Notification provided for in subsection (e) of this Code section shall be given to a biological father who is not a legal father by the following methods:
(1) Registered or certified mail, return receipt requested, at his last known address, which notice shall be deemed received upon the date of delivery shown on the return receipt;

(2) Personal service, which notice shall be deemed received when personal service is perfected; or

(3) Publication once a week for three weeks in the official organ of the county where the petition has been filed and of the county of his last known address, which notice shall be deemed received upon the date of the last publication.

If feasible, the methods specified in paragraph (1) or (2) of this subsection shall be used before publication.

(g) If there is a biological father who is not the legal father of the child and the identity of such biological father is not known to the petitioner or the petitioner's attorney, then the court shall be authorized to require the mother to execute an affidavit regarding such father in the form provided in subsection (h) of Code Section 19-8-26 or show cause before the court if

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she refuses. If the court finds from the evidence including but not limited to the affidavit of the mother that such biological father who is not the legal father has not performed any of the following acts:

( 1) Lived with the child;

(2) Contributed to the child's support;

(3) Made any attempt to legitimate the child; or
(4) Provided support or medical care for the mother either during her pregnancy or during her hospitalization for the birth of the child,

and the petitioner provides a certificate from the putative father registry stating that there is no entry on the putative father registry either acknowledging paternity of the child or indicating possible paternity of a child of the child's mother for a period beginning no later than two years immediately prior to the child's date of birth, then it shall be rebuttably presumed that the biological father who is not the legal father is not entitled to notice of the proceedings. Absent evidence rebutting the presumption, then no further inquiry or notice shall be required by the court and the court shall enter an order terminating the rights of such biological father to the child.

(h) When notice is given pursuant to subsection (e) of this Code section, it shall advise such biological father who is not the legal father that he loses all rights to the child and will not be entitled to object to the termination of his rights to the child unless, within 30 days of receipt of such notice, he files:

(1) A petition to legitimate the child pursuant to Code Section 19-7-22; and

(2) Notice of the filing of the petition to legitimate with the court in which the action under this Code section is pending.

(i) A biological father who is not the legal father loses all rights to the child and the court shall enter an order terminating all such father's rights to the child and such father may not thereafter object to the termination of his rights to the child if within 30 days from his receipt of the notice provided for in subsection (e) of this Code section he:

( 1) Does not file a legitimation petition and give notice as required in subsection (h) of this Code section;

(2) Files a legitimation petition which is subsequently dismissed for failure to prosecute; or

(3) Files a legitimation petition and the action is subsequently concluded without a court order declaring a finding that he is the legal father of the child.

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15-11-97.
(a) If any person named in and properly served with summons shall without reasonable cause fail to appear or, when directed in the summons, to bring the child before the court, then the court may issue a rule nisi against such person, directing the person to appear before the court to show cause why such person should not be held in contempt of court.
(b) If the summons cannot be served or if the person to whom the summons is directed fails to obey it, the court may issue an order to take the child into protective custody.
15-11-98.
(a) In any proceeding for terminating parental rights or any rehearing or appeal thereon, the court shall appoint an attorney to represent the child as the child's counsel and may appoint a separate guardian ad litem or a guardian ad litem who may be the same person as the child's counsel.
(b) If the parent or parents of the child desire to be represented by counsel but are indigent, the court shall appoint an attorney for such parent or parents, which shall be a charge upon the funds of the county upon certification thereof by the court in the same manner as authorized for other expenses under Code Section 15-11-8.
15-11-99.
In all proceedings under this article, the standard of proof to be adduced to terminate parental rights shall be by clear and convincing .evidence.
15-11-100.
The court may require a physical or mental evaluation of any parent, stepparent, guardian, or child involved in a proceeding under this article.
15-11-101.
The record of the testimony of the parties adduced in any proceeding under this article shall not be admissible in any civil, criminal, or any other cause or proceedings in any court against a person named as respondent for any purpose whatsoever, except in subsequent deprivation or termination proceedings involving the same child or deprivation or termination proceedings involving the same respondent under this article.
15-11-102.
The court shall conduct hearings, where appropriate, in accordance with Code Section 15-11-39.2.

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15-11-103.

(a) (1) If, upon the entering of an order terminating the parental rights of a parent, there is no parent having parental rights, the court shall first attempt to place the child with a person related to the child by blood or marriage or with a member of the child's extended family. A thorough search for a suitable family member shall be made by the court and the Department of Human Resources in attempting to effect this placement. A placement effected under this paragraph shall be conditioned upon the family member who is given permanent custody or who is granted an adoption of the child agreeing to abide by the terms and conditions of the order of the court. A placement shall be made under the terms of this paragraph only if such a placement is in the best interest of the child.

(2) If no placement of the child is effected under paragraph (1) of this subsection, the court may make any of the following dispositions: commit the child to the custody of the Department of Human Resources or to a licensed child-placing agency willing to accept custody for the purpose of placing the child for adoption or, in the absence of an adoption, in a foster home, or take other suitable measures for the care and welfare of the child.
(b) The court shall transmit a copy of every final order terminating the parental rights of a parent to the Division of Family and Children Services Adoption Unit of the Department of Human Resources within 15 days of the filing of such order.
(c) The custodian has authority to consent to the adoption of the child, the child's marriage, the child's enlistment in the armed forces of the United States, and surgical and other medical treatment for the child.
(d) If a petition seeking the adoption of the child is not filed within one year after the date of the disposition order, the court shall then, and at least yearly thereafter as long as the child remains unadapted, review the circumstances of the child to determine what efforts have been made to assure that the child will be adopted. The court may then enter such orders as it deems necessary to further the adoption, including but not limited to another placement.

15-11-104.
In a proceeding under this article, the provisions of Article 1 of this chapter shall apply unless in conflict with this article.
15-11-105.

Nothing in this article shall be construed as affecting the rights of a parent other than the parent who is the subject of the proceedings.

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15-11-106.
All hearings contemplated by this article shall be conducted in an expedient manner. An order of disposition shall be issued by the juvenile court no later than one year after the filing of the petition required by Code Section 15-11-95, provided that no just cause has been shown for delay. This Code section shall not affect the right to request a rehearing or the right to appeal the juvenile court's order."
SECTION 2.
Said title is further amended by striking in its entirety Article 4, relating to procedures and policies relative to juveniles who may be mentally ill, and inserting in lieu thereof the following:
"ARTICLE 4
15-11-149.
(a) Study and repffft. If, at any time, the evidence indicates that a child may be suffering from mental retardation or mental illness, the court may commit the child to an appropriate institution, agency, or individual for study and report on the child's mental condition.
(b) Determination of disability. The juvenile court judge shall determine whether a child has been determined to be handicapped as defined in 20 U.S.C. Sections 1401 (a) (1) and 1401 (a) (15). If there is an Individualized Education Program (IEP) as defined in 20 U.S.C. Section 1401 (a) (20), it shall be made a part of the dispositional hearing record.
(c) Commitment. If it appears from the study and report undertaken pursuant to subsection (a) of this Code section that the child is committable under the laws of this state as a mentally retarded or mentally ill child, the court shall order the child detained and shall proceed within ten days to commit the child to the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources.
(d) Other disposition fff transfer. If the child is found not to be committable, the court shall proceed to the disposition or transfer of the child as otherwise provided by Article 1.
(e) Applicability of Code Section 15-11-62. The provisions of Code Section 1511-62 shall not apply to any child 13 to 15 years of age who is found to be suffering from mental illness or mental retardation. Any such child shall not be committed to the Department of Corrections but shall be committed to the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources as provided in this Code section.

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15-11-150.

(a) The purpose of this article is to:
(1) Set forth procedures for a determination of mental incompetency and a declaration of dependency for any child while the child is determined to be not mentally competent; and
(2) Provide a mechanism for the development and implementation of a mental competency plan for treatment, habilitation, support, or supervision, within current resources, for any child who is determined to be not mentally competent to participate in an adjudication or disposition hearing and is adjudicated dependent upon the court.

(b) The provisions of this article shall not apply to any case in which the superior court has jurisdiction pursuant to Code Section 15-11-62.

15-11-151.

As used in this article, the term:
( 1) 'Dependent' means a child who is alleged to have committed a delinquent or unruly act, is found not mentally competent by the court, and has charges pending which have not been dismissed by the court.

(2) 'Judge' means any judge, associate judge, or judge pro tempore of the court exercising jurisdiction over juvenile matters.
(3) 'Mental competency plan' means an interagency treatment, habilitation, support, or supervision plan developed at an interagency meeting of state or local agency representatives, parties, and other interested persons, which is achievable within the limits of current resources, following a court's finding that a child is not mentally competent and dependent upon the court and submitted to the court for approval as part of the disposition of the dependency case. The goal of a mental competency plan is supervision, to bring or restore the child to mental competency such that he or she is able to participate in adjudication, a disposition hearing for delinquency or unruliness, or a proceeding regarding transfer to superior court.

(4) 'Mental competency proceedings' means hearings conducted to determine whether a child is mentally competent to participate in adjudication, a disposition hearing, or a transfer proceeding held pursuant to this chapter.
(5) 'Mentally competent' means having sufficient present ability to understand the nature and objectives of the proceedings, against himself or herself, to comprehend his or her own situation in relation to the proceed-

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ings, and to render assistance to the defense attorney in the preparation and presentation of his or her case in all adjudication, disposition, or transfer hearings held pursuant to this chapter.
(6) 'Plan manager' means a person who is under the supervision of the court and is appointed by the court to convene a meeting of all relevant parties for the purpose of developing a mental competency plan. Said person is responsible for collecting all previous histories of the child including evaluations, assessments, and school records.
(7) 'Qualified examiner' means a licensed psychologist or psychiatrist who has expertise in child development and has received training in forensic evaluation procedures through formal instruction, professional supervision, or both.
15-11-152.
(a) If at any time after the filing of a petition alleging delinquency or unruliness the court has reason to believe that the child named in the petition may not be mentally competent, the court on its own motion or on the motion of the attorney representing the child, any guardian ad litem for the child, or the attorney representing the state may stay all delinquency or unruly conduct proceedings relating to that petition and order an evaluation of the child's mental condition. All time limits under Article 1 of this chapter for adjudication and disposition of that petition are tolled during the evaluation, adjudication, and disposition phases of the mental competency proceeding.
(b) An evaluation ordered under subsection (a) of this Code section shall be conducted by a qualified examiner who shall consider whether the child is mentally competent. If the basis for questioning the child's mental competency concerns a problem with intellectual functioning, mental retardation, or a learning disability, the qualified examiner must be a licensed psychologist. The probation officers of juvenile court shall provide the qualified examiner with any law enforcement or court records necessary for understanding the petition alleging delinquency or unruliness. The attorney for the child may provide the qualified examiner with any records from any other available sources that are deemed necessary for the mental competency evaluation.
(c) A qualified examiner who conducts an evaluation under subsection (b) of this Code section shall submit a written report to the court, within 30 days from receipt of the court order requiring the evaluation, which report shall contain the following:
(1) The reason for the evaluation;

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(2) The evaluation procedures used, including any psychometric instruments administered, any records reviewed, and the identity of any persons interviewed;

(3) Any available pertinent background information;

(4) The results of a mental status exam, including the diagnosis and description of any psychiatric symptoms, cognitive deficiency, or both;

(5) A description of abilities and deficits in the following mental competency functions:

(A) The ability to understand and appreciate the nature and object of the proceedings;
(B) The ability to comprehend his or her situation in relation to the proceedings; and

(C) The ability to render assistance to the defense attorney in the preparation of his or her case;

(6) An opinion regarding the potential significance of the child's mental competency, strengths, and deficits; and

(7) An opinion regarding whether or not the child should be considered mentally competent.
(d) If, in the opinion of the qualified examiner, the child should not be considered mentally competent, the evaluation report shall also include the following:

(1) A diagnosis made as to whether there is a substantial probability that the child will attain mental competency to participate in adjudication, a disposition hearing, and a transfer hearing in the foreseeable future;

(2) Recommendations for the general level and type of remediation necessary for significant deficits; and
(3) Recommendations for modifications of court procedure which may help compensate for mental competency weaknesses.

(e) The court in its discretion may grant the qualified examiner an extension in filing the evaluation report.

(f) Copies of the written evaluation report shall be provided by the court to the attorney representing the child, the attorney representing the state, the district attorney or a member of his or her staff, and any guardian ad litem for the child no later than five working days after receipt of the report by the court.

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(g) Upon a showing of good cause by any party or upon the court's own motion, the court may order additional examinations by other qualified examiners. In no event shall more than one examination be conducted by a qualified examiner employed by the Department of Human Resources.
(h) No statement made by a child or information obtained in the course of an evaluation, hearing, or other proceeding provided for in this Code section, whether the evaluation is with or without the consent of the child, shall be admitted into evidence against the child in any future proceeding in the state's case-in-chief.

15-11-153.
(a) A hearing of mental competency shall be conducted within 60 days after the initial court order for evaluation. At least ten days' prior written notice of the hearing shall be transmitted to the child, any parent, guardian, or other legal custodian of the child, any guardian ad litem for the child, the attorney representing the child, and the attorney representing the state. Ten days' prior written notice of the hearing shall be served on the district attorney, for all mental competency proceedings in which the district attorney, or a member of the district attorney's staff, may participate. The hearing may be continued by the court for good cause shown.
(b) At the hearing of mental competency, the attorney representing the child and the attorney representing the state shall have the right to:
(1) Present evidence;
(2) Call and examine witnesses;
(3) Cross-examine witnesses; and
(4) Present arguments.
The qualified examiner appointed by the court shall be considered the court's witness and shall be subject to cross-examination by both the attorney representing the child and the attorney representing the state.
(c) The court's findings of fact shall be based on any evaluations of the child's mental condition conducted by qualified examiners appointed by the court and any evaluations of the child's mental condition conducted by independent evaluators hired by the parties. The burden of proving that the child is not mentally competent shall be on the child. The standard of proof necessary for proving mental incompetency shall be a preponderance of the evidence. Copies of the court's findings shall be transmitted to the same parties to whom notice of the hearing was provided within ten days following the issuance of those findings.

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(d) If the court finds that the child is mentally competent, the proceedings which have been suspended shall be resumed and the time limits under Article 1 of this chapter for adjudication and disposition of the petition shall begin to run from the date of the order finding the child mentally competent.

(e) If the court finds that the child is not mentally competent, the child may be adjudicated dependent by the court. If the court determines that a child alleged to have committed an act which is a misdemeanor if committed by an adult or an unruly act is not mentally competent, and the child is adjudicated dependent, the court may dismiss the petition without prejudice. A child who is thus found not to be mentally competent shall not be subject to discretionary transfer to superior court, adjudication, disposition, or modification of disposition as long as such mental incompetency exists. At the time the child is adjudicated dependent upon the court, the court shall appoint a guardian ad litem to represent the best interests of the child if a guardian ad litem has not been appointed previously.
15-11-154.
(a) If at any time following an adjudication of dependency, the court determines that the child is a resident of a county of this state other than the county in which the court sits, the court may transfer the proceeding to the county of the child's residence unless the act alleged would be a felony if committed by an adult. When any case is transferred pursuant to this Code section, certified copies of all legal, social history, health, or mental health records pertaining to the case on file with the clerk of the court shall accompany the transfer. Compliance with this Code section shall terminate jurisdiction in the sending court and initiate jurisdiction in the receiving court. If the child's mental competency is restored, jurisdiction of the case may be returned to the sending court.
(b) Upon an adjudication of dependency, the court having jurisdiction of the case shall appoint a plan manager who may be any guardian ad litem for the child or may be any other person who is under the supervision of the court. The person so appointed shall submit a mental competency plan to the court within 30 days of the court's adjudication of dependency. That plan shall include the following:
(1) The specific deficits the plan is attempting to address, including supervision, mental competency, or mental competency restoration;
(2) An outline of the specific provisions for supervision of the child for protection of the community and the child;
(3) An outline of a plan designed to provide for treatment, habilitation, support, or supervision services achievable within the limits of current resources; and

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(4) Identification of all parties, including the child, agency representatives, and other persons responsible for each element of the plan.

The court in its discretion may grant the plan manager an extension in filing the mental competency plan.
(c) (1) The mental competency plan shall be developed at a meeting of all relevant parties convened by the plan manager. The plan manager shall request that the following persons attend the meeting:

(A) Any parent, guardian, or other legal custodian of the child;

(B) The attorney representing the child;

(C) The attorney representing the state; (D) Any guardian ad litem of the child;

(E) Mental health or mental retardation representatives;

(F) Any probation officer or caseworker who works with the child; and

(G) A representative from the child's school.

(2) The plan manager may request that other relevant persons attend the mental competency plan meeting including but not limited to the following:
(A) A representative from the division of public health;

(B) A child protective services worker;

(C) Representatives of the public and private resources to be utilized in the plan; and

(D) Any family member of the child who has shown an interest and involvement in the child's well-being.

(3) The plan manager shall be responsible for collecting all previous histories of the child, including but not limited to previous evaluations, assessments, and school records, and for making such histories available for consideration by the persons at the meeting.

15-11-155.

(a) The court shall hold a disposition hearing for the purpose of approving the mental competency plan within 30 days after the mental competency plan has been submitted to the court. Thereafter, the court shall hold a hearing for the purpose of reviewing the child's condition and approving the mental competency plan every six months during the child's dependency. Before the disposition hearing and any review hearings, the plan manager shall be responsible for convening a meeting of all parties, repre-

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sentatives of all agencies, and other persons responsible for the plan and for identifying to the court any persons who should provide testimony at such hearing.
(b) The persons required to be notified of the mental competency hearing and witnesses identified by the plan manager shall be given at least ten days' prior notice of the disposition hearing and any subsequent hearing to review the child's condition and shall be afforded an opportunity to be heard at any such hearing. The victim, if any, of the child's delinquent or unruly act shall also be provided with the same ten days' prior notice regarding any such hearing and shall be afforded an opportunity to be heard and to present a victim impact statement to the court at any such hearing. The judge shall make a determination regarding sequestration of witnesses in order to protect the privileges and confidentiality rights of the child.
(c) At the disposition hearing, the court shall enter an order incorporating a mental competency plan as part of the disposition. If, upon subsequent review, the court determines that the child may be mentally competent, the court shall proceed as provided in Code Sections 15-11-152, 15-11-153, and 15-11-154 and enter findings of fact as to the child's mental competency.
(d) At any time, in the event of a change in circumstances regarding the child, the court on its own motion or on the motion of the attorney representing the child, any guardian ad litem for the child, the attorney for the state, or the plan manager may set a hearing for review of the mental competency plan and any proposed amendments to that plan. The court may issue an appropriate order incorporating an amended mental competency plan.
(e) At the disposition hearing and at every review hearing, the court shall consider whether the petition alleging delinquency or unruliness should be withdrawn, maintained, or dismissed, without prejudice, upon grounds other than the child's not being mentally competent. If the court dismisses the petition, the state may seek to refile petitions alleging felonies if the child is later determined to be mentally competent. The state may also seek transfer to superior court if the child is later determined to be mentally competent.
(f) The district attorney or a member of his or her staff may seek civil commitment pursuant to Chapters 3 and 4 of Title 37. If, during the disposition hearing or any subsequent review hearing, the court determines that the child meets criteria for commitment and that services are available under the relevant Code provisions for commitment to any agency or agencies for treatment, habilitation, support, or supervision, the court may commit the child to an appropriate agency or agencies for services under applicable law.

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(g) (1) If the court determines that a child alleged to have committed an act which is a felony if committed by an adult is not mentally competent and the child is adjudicated as a dependent, the court shall retain jurisdiction of the child for up to two years after the date of the order of adjudication. The order may be extended for additional two-year periods as provided in subsection (o) of Code Section 15-11-58.
(2) If the court determines that a child alleged to have committed an act which is a misdemeanor if committed by an adult or an unruly act is not mentally competent and the child is adjudicated as a dependent, the court shall retain jurisdiction of the child for up to 120 days following the disposition order incorporating the mental competency plan. The order may not be extended by the court.
(h) If the court finds that a child is not mentally competent to stand trial, any party may file at any time a motion for a rehearing on the issue of the child's mental incompetency. The court shall grant such motion upon a showing by the moving party that there are reasonable grounds to believe that the child is now mentally competent. If this motion is granted, the court shall proceed as provided in Code Sections 15-11-152, 15-11-153, 15-11154, and this Code section and shall enter findings of fact as to the child's mental competency.
(i) If a child is under a mental competency plan when the child reaches the age of 18, the plan manager shall make a referral to appropriate adult services."
SECTION 3.

Title 5 of the Official Code of Georgia Annotated, relating to appeals, is amended in Code Section 5-7-1, relating to appealable orders, decisions, or judgments, by striking in its entirety paragraph (5) of subsection (a) and inserting in lieu thereof the following:

"(5) From an order, decision, or judgment transferring a case to the juvenile court pursuant to subparagraph (b) (2) (B) of Code Section 15-11-28."

SECTION 4.

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code Section 15-23-7, relating to collection of additional legal costs in civil actions for purposes of providing alternative dispute resolution programs, by striking subsection (e) in its entirety and inserting in lieu thereof the following:

"(e) Juvenile court supervision fees collected pursuant to Code Section 1511-71 may be used for mediation services provided by court programs pursuant to this chapter."

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SECTION 5.

Title 16 of the Official Code of Georgia Annotated, relating to crimes, is amended in Code Section 16-5-45, relating to interference with custody, by striking in its entirety paragraph (3) of subsection (a) and inserting in lieu thereof the following:

"(3) 'Lawful custody' means that custody inherent in the natural parents, that custody awarded by proper authority as provided in Code Section 1511-45, or that custody awarded to a parent, guardian, or other person by a court of competent jurisdiction."

SECTION 6.

Said title is further amended in Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property, by striking subsection (b) in its entirety and inserting in lieu thereof the following:

"(b) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both. A child who violates this subsection shall be subject to the provisions of Code Section 15-11-63."

SECTION 7.

Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Code Section 17-10-1, relating to fixing sentence, suspension or probation of sentence, changing sentence, parole eligibility, prohibited modifications, and exceptions, by striking subsection (e) in its entirety and inserting in lieu thereof the following:

"(e) In any case involving a felony in which the defendant previously appeared before a juvenile court, the records of the dispositions of the defendant as well as any evidence used in any juvenile court hearing shall be available to the district attorney, the defendant, and the superior court judge in determining sentencing as provided in Code Section 15-11-79.1."

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SECTION 8.

Said title is further amended in Code Section 17-10-14, relating to committal of persons under 17 convicted of felonies and sentencing certain juveniles to the Department o~ C~rrections, by striking i.n their entirety subsections (b) and (c) and inserting Ill heu thereof the followmg:
"(b) If a child is transferred to superior court according to subsection (b) of Code Section 15-11-30.2 and convicted of aggravated assault as defined in Chapter 5 of Title 16, the court may sentence such child to the Department of Corrections. Such child shall be housed in a designated youth confinement unit until such person is 17 years of age, at which time such person may be housed in any other unit designated by the Department of Corrections.
(c) In any case where a child 13 to 17 years of age is convicted of a felony provided under subparagraph (b)(2)(A) of Code Section 15-11-28, such child shall be committed to the custody of the Department of Corrections and shall be housed in a designated youth confinement unit until such person is 17 years of age, at which time such person may be housed in any other unit designated by the Department of Corrections."

SECTION 9.

Said title is further amended in Code Section 17-15-13, relating to the debt to the state created by payment of benefits to a crime victim, payment of such debt as a condition of probation or parole, and payment into the Georgia Crime Victims Emergency Fund, by striking subsection (d) in its entirety and inserting in lieu thereof the following:
"(d) When a child is adjudicated delinquent in a juvenile court proceeding involving a crime upon which a claim under this chapter can be made, the juvenile court in its discretion may order that the child pay the debt to the state as an adult would have to pay had an adult committed the crime. Any assessments so ordered may be made a condition of probation as provided in paragraph (2) of subsection (a) of Code Section 15-11-66."

SECTION 10.

Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in Code Section 19-7-22, relating to petitions for legitimation, by striking subsection (d) in its entirety and inserting in lieu thereof the following:

"(d) A legitimation petition may be filed, pursuant to paragraph (2) of subsection (e) of Code Section 15-11-28, in the juvenile court of the county in which a deprivation proceeding regarding the child is pending."

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SECTION 11.

Said title is further amended in Code Section 19-8-10, relating to instances when surrender or termination of parental rights are not required, by striking subsection (a) in its entirety and inserting in lieu thereof the following:

"(a) Surrender or termination of rights of a parent pursuant to subsection (a) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall not be required as a prerequisite to the filing of a petition for adoption of a child of that parent pursuant to Code Section 19-8-13 where the court determines by clear and convincing evidence that the:

( 1) Child has been abandoned by that parent;

(2) Parent cannot be found after a diligent search has been made;

(3) Parent is insane or otherwise incapacitated from surrendering such rights; or

(4) Parent has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (2), (3), or (4) of subsection (b) of Code Section 15-11-94,

and the court is of the opinion that the adoption is in the best interests of that child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home."

SECTION 12.

Said article is further amended in Code Section 19-8-11, relating to petitions for termination of parental rights, by striking paragraph (3) of subsection (a) in its entirety and inserting in lieu thereof the following:

"(3) Parental rights may be terminated pursuant to paragraph (1) or (2) of this subsection where the court determines by clear and convincing evidence that the:

(A) Child has been abandoned by that parent;

(B) Parent of the child cannot be found after a diligent search has been made;

(C) Parent is insane or otherwise incapacitated from surrendering such rights; or

(D) Parent has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (2), (3), or (4) of subsection (b) of Code Section 15-11-94,

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and the court shall set the matter down to be heard in chambers not less than 30 and not more than 60 days following the receipt by such remaining parent of the notice under subsection (b) of this Code section and shall enter an order terminating such parental rights if it so finds and if it is of the opinion that adoption is in the best interests of the child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home."
SECTION 13.

Said title is further amended in Code Section 19-8-13, relating to the filing and contents of an adoption petition, financial disclosure, and attorney's affidavit, by striking subsection (g) in its entirety and inserting in lieu thereof the following:
"(g) Notwithstanding the provisions of Code Sections 19-8-5 and 19-8-7 and this Code section which require obtaining and attaching a written voluntary surrender and acknowledgment thereof and affidavits of the legal mother and a representative of the petitioner, where the adoption is sought under subsection (a) of Code Section 19-8-5 or 19-8-7 following the termination of parental rights and the placement of the child by the juvenile court pursuant to paragraph (1) of subsection (a) of Code Section 15-11-103, obtaining and attaching to the petition a certified copy of the order terminating parental rights of the parent shall take the place of obtaining and attaching those otherwise required surrenders, acknowledgments, and affidavits."
SECTION 14.

Said title is further amended in Code Section 19-13-20, relating to definitions relative to family violence, by striking paragraph (5) in its entirety and inserting in lieu thereof the following:

"(5) 'Family violence shelter' means a facility approved by the department for the purpose of receiving, on a temporary basis, persons who are subject to family violence. Family violence shelters are distinguished from shelters operated for detention or placement of children only, as provided in subsection (a) of Code Section 15-1148."

SECTION 15.

Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Code Section 20-2-670, relating to requirements for transferring students beyond the sixth grade, conditional admission, and compliance, by striking subsection (b) in its entirety and inserting in lieu thereof the following:

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"(b) In lieu of complying with the provision of subsection (a) of this Code section, a transferring student may be admitted on a conditional basis if he or she and his or her parent or legal guardian executes a document providing the name and address of the school last attended and authorizing the release of all academic and disciplinary records to the school administration. The parent or guardian shall be notified of the transfer of such records and shall, upon written request made within ten days of such notice, be entitled to receive a copy of such records. Within five days of the receipt of a copy of such records, the parent or guardian may make a written request for and shall be entitled to a hearing before the principal of the school or his or her designee which is the custodian of such records for the purpose of challenging the content of the records. The student or his or her parent or legal guardian shall also disclose on the same document as the release whether the child has ever been adjudicated guilty of the commission of a designated felony act as defined in Code Section 15-11-63 and, if so, the date of such adjudication, the offense committed, the jurisdiction in which such adjudication was made, and the sentence imposed. Any form document to authorize the release of records which is provided by a school to a transferring student or such student's parent or legal guardian shall include a list of designated felony acts. The student or his or her parent or legal guardian shall also disclose on the document whether the student is currently serving a suspension or expulsion from another school, the reason for such discipline, and the term of such discipline. If a student so conditionally admitted is found to be ineligible for enrollment pursuant to the provisions of Code Section 20-2-751.2, or is subsequently found to be so ineligible, he or she shall be dismissed from enrollment until such time as he or she becomes so eligible."

SECTION 16.

Said title is further amended by striking in its entirety Code Section 20-2-671, relating to transfer students who have committed felony acts, and inserting in lieu thereof the following:

"20-2-671.

If any school administrator determines from the information obtained pursuant to Code Section 15-11-63 or 20-2-670 or from any other source that a student has committed a designated felony act, 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 subsection (b) of Code Section 20-2-670 received from other schools or from the juvenile courts. Such information shall be kept confidential."

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SECTION 17.

Said title is further amended in Code Section 20-2-751.2, relating to students subject to disciplinary orders of other school systems, by striking subsection (d) in its entirety and inserting in lieu thereof the following:

"(d) If any school administrator determines from the information obtained pursuant to this Code section or from Code Section 15-11-28 or 15-11-80 that a student has been convicted of or has been adjudicated to have committed an offense which is a designated felony act under Code Section 15-11-63, such administrator shall so inform all teachers to whom the student is assigned. Such teachers and other certificated professional personnel as the administrator deems appropriate may review the information in the student's file provided pursuant to this Code section that has been received from other schools or from the juvenile courts or superior courts. Such information shall be kept confidential."
SECTION 18.

Said title is further amended in Code Section 20-2-768, relating to expulsion or suspension of students for felonies, by striking subsection (a) in its entirety and inserting in lieu thereof the following:

"(a) Each local board of education is authorized to refuse to readmit or enroll any student who has been suspended or expelled for being convicted of, being adjudicated to have committed, being indicted for, or having information filed for the commission of any felony or any delinquent act under Code Section 15-11-28 which would be a felony if committed by an adult. If refused readmission or enrollment, the student or the student's parent or legal guardian has the right to request a hearing pursuant to the procedures provided for in Code Section 20-2-754."

SECTION 19.

Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended in Code Section 24-9-47, relating to disclosure of AIDS confidential information, by striking subsection (q) in its entirety and inserting in lieu thereof the following:

"(q) A public safety agency or district attorney may obtain the results from an HIV test to which the person named in the request has submitted under Code Section 15-11-66.1, 17-10-15, 42-5-52.1, or 42-9-42.1, notwithstanding that the results may be contained in a sealed record."

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SECTION 20.

Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code Section 31-22-9.2, relating to reporting of positive HIV tests, counseling, violations, exception for insurance coverage, and exposure of health care provider, by striking subsection (c) in its entirety and inserting in lieu thereof the following:

"(c) Unless exempted under this Code section, each health care provider who orders an HIV test for any person shall do so only after counseling the person to be tested. Unless exempted under this subsection, the person to be tested shall have the opportunity to refuse the test. The provisions of this subsection shall not be required if the person is required to submit to an HIV test pursuant to Code Section 15-11-66.1, 17-10-15, 31-17A-3, 42-552.1, or 42-942.1. The provisions of this subsection shall not be required if the person is a minor or incompetent and the parent or guardian thereof permits the test after compliance with this subsection. The provisions of this subsection shall not be required if the person is unconscious, temporarily incompetent, or comatose and the next of kin permits the test after compliance with this subsection. The provisions of this subsection shall not apply to emergency or life-threatening situations. The provisions of this subsection shall not apply if the physician ordering the test is of the opinion that the person to be tested is in such a medical or emotional state that disclosure of the test would be injurious to the person's health. The provisions of this subsection shall only be required prior to drawing the body fluids required for the HIV test and shall not be required for each test performed upon that fluid sample."

SECTION 21.

Title 35 of the Official Code of Georgia Annotated, relating to law enforcement, is amended in Code Section 35-3-33, relating to the powers and duties of the Georgia Crime Information Center, by striking subsection (c) in its entirety and inserting in lieu thereof the following:

"(c) The provisions of this article notwithstanding, information and records of children shall only be inspected and disclosed as provided in Code Sections 15-11-82 and 15-11-83. Such records and information shall be destroyed according to the procedures outlined in Code Sections 15-11-79.2 and 15-11-81."

SECTION 22.

Title 36 of the Official Code of Georgia Annotated, relating to local governments, is amended in Code Section 36-32-10, relating to municipal court handling of cases of furnishing alcoholic beverages to and purchase and possession of alcoholic beverages by underage persons, by striking subsection (e) in its entirety and inserting in lieu thereof the following:

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"(e) Nothing in this Code section shall affect the original and exclusive jurisdiction of the juvenile court as set forth in Code Section 15-11-28."
SECTION 23.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended in Code Section 40-5-75, relating to suspension of drivers' licenses for conviction of certain offenses relating to marijuana or controlled substances, by striking subsection (g) in its entirety and inserting in lieu thereof the following:
"(g) Notwithstanding the provisions of Code Section 15-11-72 and except as provided in subsection (c) of this Code section, an adjudication of a minor child as a delinquent child or an unruly child for any offense listed in subsection (a) of this Code section shall be deemed a conviction for purposes of this Code section."
SECTION 24.
Title 47 of the Official Code of Georgia Annotated, relating to retirement, is amended in Code Section 47-2-295.1, relating to employees of the Department of Juvenile Justice, by striking in their entirety paragraphs (2) and (3) of subsection (a) and by striking subsection (b) in its entirety and inserting in lieu thereof the following:
"(2) 'Local retirement system' means a retirement or pension system maintained by a county which includes as members thereof county probation and intake employees who become employees of the department as a result of the county probation and intake services' being transferred to the department pursuant to the provisions of Code Section 15-11-24.3, and the term includes any such retirement or pension system created by law or created by ordinance or resolution of the county under the home rule provisions of the Constitution of Georgia.
(3) 'Probation and intake employee' means a probation and intake employee as such term is defined in paragraph (1) of subsection (a) of Code Section 15-11-24.3.
(b) Any person becoming an employee of the department at any time on or after July 1, 1993, as a result of a transfer of county probation and intake services to the department pursuant to the provisions of Code Section 15-1124.3 shall have the options and rights provided for by this Code section. The options available to any such employee under this Code section must be exercised within 18 months after the date the applicable county probation and intake services are transferred to the department. Any such option shall be exercised by such employee notifYing, in writing, the Board of Trustees of the Employees' Retirement System of Georgia, the governing authority of the applicable county, and, when applicable, the board of trustees or other

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managing body of any local retirement system of which the employee is a member. If the employee is a member of a local retirement system, such membership shall continue pending the exercise of an option provided by this Code section. The choice made by an employee in selecting an option provided by this Code section shall be irrevocable and may not at any time thereafter be rescinded or modified."

SECTION 25.
Said title is further amended in Code Section 47-23-1, relating to definitions relative to the Georgia Judicial Retirement System, by striking in its entirety paragraph (10) and inserting in lieu thereof the following:
"(10) 'Juvenile court judge' means a juvenile court judge now or hereafter appointed or otherwise holding office pursuant to Code Section 15-1118 relative to the creation of juvenile courts, except judges of the superior courts sitting as juvenile court judges and juvenile court judges who are members of local retirement or pension systems created by local law."
SECTION 26.
Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended in Code Section 494A-8, relating to commitment of delinquent or unruly children to the Department of Juvenile Justice, powers of the department regarding such children, return of mentally ill or retarded children, escapees, discharge, records, and restitution, by striking in their entirety paragraph (1) of subsection (e.1) and paragraph (4) of subsection (i) and inserting in lieu thereof the following:

"(e.1) (1) When a child who has been adjudicated delinquent for the commission of a designated felony act as defined in Code Section 15-11-63 is released from confinement or custody of the department, it shall be the responsibility of the department to provide notice to any person who was the victim of the child's delinquent acts that the child is being released from confinement or custody."
"(4) An employee designated pursuant to paragraph (2) of this subsection may take a child into custody without a warrant upon personal knowledge or written request of a person having knowledge of the escape or violation of conditions of supervision, or a child may be taken into custody pursuant to Code Section 15-1145. When taking a child into custody pursuant to this paragraph, a designated employee of the department shall have the power to use all force reasonably necessary to take the child into custody."

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SECTION 27.

Said title is further amended in Code Section 494A-9, relating to youthful offenders and their sentencing, modification of orders relating to such offenders, review, transfer, and program participation, by striking subsection (b) in its entirety and inserting in lieu thereof the following:

"(b) Any final order of judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the court of jurisdiction to change the form of the commitment or transfer the custody of the child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will be conducive to the welfare of the child and the best interests of the state; provided, however, that the release or parole of any child committed to the department for detention in any of its institutions under the terms of this chapter during the period of one year from the date of commitment shall be had only with the concurrence and recommendation of the commissioner or the commissioner's designated representative; provided, further, that upon releasing or paroling any child adjudicated delinquent for the commission of a designated felony act as defined in Code Section 15-11-63 and committed to the department for detention in any of its institutions under the terms of this chapter, the department shall provide notice to any person who was the victim of the child's delinquent acts that the child is being released or paroled. As long as a good faith attempt to comply with the notice requirement of this subsection has been made, the department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide the notice required by this subsection."
SECTION 28.

Said title is further amended in Code Section 49-5-131, relating to definitions relative to programs and protection for children, by striking paragraph (2) in its entirety and inserting in lieu thereof the following:

"(2) 'Delinquent act' means an act defined in paragraph (6) of Code Section 15-11-2; provided, however, that such term shall not include a 'designated felony act' as such term is defined in paragraph (2) of subsection (a) of Code Section 15-11-63."

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SECTION 29. All laws and parts of laws in conflict with this Act are repealed.

Approved March 1, 2000.

HEALTH - COMMISSION ON MEN'S HEALTH.
Code Title 31, Chapter 43 Enacted.
No. 468 (House Bill No. 1235).
AN ACT
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create the Commission on Men's Health and provide for its assignment for administrative purposes and for its staff; to provide for findings; to provide for appointment, qualifications, terms, compensation, expenses, vacancies, and removal of commission members; to provide for commission organization, powers, and duties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end a new chapter to read as follows:
"CHAPTER 43
31-43-1.
As used in this chapter, the term 'commission' means the Commission on Men's Health created in Code Section 31-43-3.
31-43-2.
The General Assembly makes the following findings:
( 1) There is a silent health crisis affecting the health and well-being of Georgia's men;
(2) This health crisis is of particular concern to men, but is also a concern for women, and especially to those who have fathers, husbands, sons, and brothers;

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(3) Men's health is likewise a concern for employers who lose productive employees as well as pay the costs of medical care, and is a concern to state government and society which absorb the enormous costs of premature death and disability, including the costs of caring for dependents left behind;
(4) The life expectancy gap between men and women has steadily increased from one year in 1920 to seven years in 1990;
(5) Almost twice as many men than women die from heart disease, and 28.5 percent of all men die as a result of stroke;
(6) In 1995, blood pressure of black males was 356 percent higher than that of white males, and the death rate for stroke was 97 percent higher for black males than for white males;
(7) The incidence of stroke among men is 19 percent higher than for women;
(8) Significantly more men than women are diagnosed with AIDS each year;
(9) Fifty percent more men than women die of cancer;
(10) Although the incidence of depression is higher in women, the rate of life-threatening depression is higher in men, with men representing 80 percent of all suicides cases, and with men 43 times more likely to be admitted to psychiatric hospitals than women;
(11) Prostate cancer is the most frequently diagnosed cancer in the United States among men, accounting for 36 percent of all cancer cases;
(12) An estimated 180,000 men will be newly diagnosed with prostate cancer this year alone, of which 37,000 will die;
(13) Prostate cancer rates increase sharply with age, and more than 75 percent of such cases are diagnosed in men age 65 and older;

(14) The incidence of prostate cancer and the resulting mortality rate in African American men is twice that in white men;
(15) Studies show that men are at least 25 percent less likely than women to visit a doctor, and are significantly less likely to have regular physician check-ups and obtain preventive screening tests for serious diseases;

(16) Appropriate use of tests such as prostate specific antigen (PSA) exams and blood pressure, blood sugar, and cholesterol screens, in conjunction with clinical exams and self-testing, can result in the early detection of many problems and in increased survival rates;

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(17) Educating men, their families, and health care providers about the importance of early detection of male health problems can result in reducing rates of mortality for male-specific diseases, as well as improve the health of Georgia's men and its overall economic well-being;
(18) Recent scientific studies have shown that regular medical exams, preventive screenings, regular exercise, and healthy eating habits can help save lives; and
(19) A Commission on Men's Health is needed to investigate these findings and take such further actions as may be needed to promote men's health in this state.
31-43-3.
There is created the Commission on Men's Health. The commisswn shall be assigned to the Department of Community Health for administrative purposes only, as provided in Code Section 504-3, except that such department shall provide staff to the commission.
31-43-4.
The commission shall consist of 11 members: seven members appointed by the Governor; two members of the Senate appointed by the President of the Senate, one of whom shall be the chairperson of the Senate Health and Human Services Committee or his or her designee; and two members of the House of Representatives appointed by the Speaker of the House, one of whom shall be the chairperson of the House Committee on Health and Ecology or his or her designee. The Governor may also appoint an honorary chairperson to serve as a member of the commission.
31-43-5.
Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. The members of the commission appointed by the Governor shall be representative of major public and private agencies and organizations, shall be experienced in or have demonstrated particular interest in men's health issues.
31-43-6.
(a) A person may not serve as a member of the commission if the person is required to register as a lobbyist because of the person's activities for compensation on behalf of a profession related to the operation of the commission.
(b) The elected official who appoints members to the commission may remove any member appointed by such official who:
( 1) Violates a prohibition established by this chapter;

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(2) Cannot because of illness or disability discharge the member's duties for a substantial part of the term for which the member is appointed; or

(3) Is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the commission.

(c) The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.

(d) If a member of the commission has knowledge that a potential ground for removal exists, the member shall notify the presiding officer of the commission of the potential ground. The presiding officer shall then notify the elected official who appointed such member that a potential ground for removal exists.

31-43-7.
(a) The initial members of the commission who are members of the General Assembly shall serve for initial terms of office which expire December 31, 2000. Thereafter, those members of the commission who are members of the General Assembly shall serve for terms of office of two years each. Members of the commission who are not members of the General Assembly shall serve for terms of office of three years each. Members of the commission shall serve for the terms of office specified in this Code section and until their respective successors are appointed and qualified. Members of the commission may be reappointed to the commission upon the expiration of their terms of office if they otherwise continue to meet the qualifications for such office.

(b) If a vacancy occurs in the membership of the commission, the elected official who appointed the member to the position which became vacant shall appoint a successor for the remainder of the unexpired term and until a successor is appointed and qualified.

31-43-8.

(a) The commission annually shall elect one of its members as presiding officer.

(b) The presiding officer of the commission may appoint subcommittees for any purpose consistent with the duties of the commission under this chapter.

31-43-9.

A member of the commission is not entitled to compensation or expenses, except that any member of the commission who is a member of the General Assembly shall receive the same expenses and allowances for each day of service upon the commission as is authorized for members of interim legislative study committees of the General Assembly.

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31-43-10.

(a) The commission may meet at the times and places that the commission designates.

(b) The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission.

31-43-11.

The commission shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the commission during the preceding fiscal year.

31-43-12.

The commission shall: (1) Adopt rules as necessary for its own procedures;

(2) Develop strategies, public policy recommendations, and programs, including community outreach and public-private partnerships, that are designed to educate Georgia's men on the benefits of regular physician check-ups, early detection and preventive screening tests, and healthy lifestyle practices;

(3) Focus on improving health outcomes of men in specific disease areas including but not necessarily limited to prostate and testicular cancer, cardiovascular disease including high blood pressure, stroke and heart attacks, depression and suicide, and diabetes;

(4) Monitor state and federal policy and legislation that may affect the areas of men's health;

(5) Recommend assistance, services, and policy changes that will further the goals of the commission; and

(6) Submit a report of its findings and recommendations under this chapter to the Governor, the President of the Senate, and the Speaker of the House of Representatives not later than October 1 of each year.

31-43-13.

The commission may solicit and accept donations, gifts, grants, property, or matching funds from a public or private source for the use of the commission in performing its functions under this chapter."

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SECTION 2.

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

Approved March 10, 2000.

RETIREMENT AND PENSIONS- CODE REVISION; TECHNICAL CORRECTIONS.
Code Title 47 Amended.
No. 472 (House Bill No. 1258).
AN ACT
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended as follows:
(1) By striking "survivor's" and inserting in its place "survivors" in Code Section 47-1-1, relating to intent of codification and enactment of this title.
(2) By striking "survivor's" and inserting in its place "survivors" in Code Section 47-1-15, relating to circumstances when survivors benefits are paid to secondary beneficiary.
(3) By striking "pension;" and inserting in its place "pension; and" in paragraph (3) of subsection (a) of Code Section 47-2-51, relating to annuity savings fund and employee contributions to it, deductions, effect of default with respect to employer contributions, payments, withdrawal, or transfer of funds.
(4) By striking "on the compensation" and inserting in its place "of the compensation" twice in subsection (f) of Code Section 47-2-96, relating to prior service credit and payments required to obtain credit.
(5) By striking "subparagraphs (B) through (E) of paragraph (1) of subsection (b)" and inserting in its place "subparagraphs (b)(1)(B) through (b)(1)(E)" in the introductory language of subsection (a) and by striking "the above

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paragraphs" and inserting in its place "paragraphs (1) through (3)" in the undesignated language in subsection (a) of Code Section 47-2-111, relating toretirement allowance for members subject to involuntary separation and persons eligible to retire at age 55.
(6) By striking "year for year" and inserting in its place "year-for-year" in subsection (c) of Code Section 47-2-295, relating to transfer from county retirement system of contributions made as juvenile detention facility employee, credit for past service, payment of contributions, and eligibility.
(7) By redesignating "(h)" as "(h)(1)" in the introductory language and by redesignating the undesignated text as "(h) (2)" in subsection (h) of Code Section 47-2-296, relating to county probation system employees.
(8) By striking "Chapter 23 of Title 50," and inserting in its place "Article 1 of Chapter 23 of Title 50," in paragraph (1) of subsection (a) of Code Section 472-318, relating to membership in the retirement system of officers and employees of the Georgia Environmental Facilities Authority, creditable service, and contributions.
(9) By striking "forego" and inserting in its place "forgo" in subparagraph (M) of paragraph (28) of Code Section 47-3-1, relating to definitions relative to the Teachers Retirement System of Georgia.
(10) By striking "cancelling" and inserting "canceling" in subsection (b) of Code Section 47-3-65, relating to membership, rights, and benefits in local retirement funds, issuance of prior service certificates to such persons, dissolution of local retirement fund, and election of additional contributions and benefits for persons in service to employers who operate local retirement funds.
(11) By striking the periods and inserting in their place semicolons at the end of paragraphs (1), (2), and (4) in subsection (b), by striking "chapter." and inserting in its place "chapter; and" at the end of paragraph (5) of subsection (b), by striking "(as determined by the board of trustees)" and inserting in its place ", as determined by the board of trustees," in paragraphs (1) and (2) of subsection (b) and in subsection (c), and by striking "(as determined by the board of trustees)." and inserting in its place ", as determined by the board of trustees;" and by deleting the comma after "system" in paragraph (3) of subsection (b) of Code Section 47-3-87.1, relating to credit for service rendered in independent school system prior to, but not later than, June 30, 1979.
(12) By striking "state-supported" and inserting in its place "state supported" and by striking "Interior" and inserting in its place "the Interior" in subsection (a) and by striking "University" and inserting in its place "the University" in subsections (a) and (b) in Code Section 47-3-89, relating to credit for service rendered in governmentally supported or operated schools other than public schools in Georgia and payments required to obtain credit for such service.

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(13) By striking "the word" and inserting in its place "the term" in subsection (a) and by inserting a comma preceding the word "through" throughout the fee schedule in subsection (b) of Code Section 47-3-126.1, relating to postretirement benefit adjustments effective July 1, 1984.
(14) By striking "the word" and inserting in its place "the term" in the introductory language of subsection (a) of Code Section 47-3-126.2, relating to postretirement benefit adjustments effective July 1, 1986.

(15) By striking "the word" and inserting in its place "the term" in subsection (a) and by inserting a comma preceding the word "through" throughout the fee schedule in subsection (b) of Code Section 47-3-126.3, relating to postretirement benefit adjustments.

(16) By striking "Board of Regents," and inserting in its place "board of regents," in paragraph (5) of subsection (e) of Code Section 47-3-127, relating to effect of restoration to service on retirement allowances and creditable service after restoration to service.

(17) By inserting the word "the" preceding "University" in subsection (b) of Code Section 47-3-129, relating to rights when member retires before 60 with ten years of service or 20 years before 1954 and reestablishment of credits earned before that retirement.

(18) By striking the period and inserting in its place "; and" at the end of paragraph (1) of subsection (a) of Code Section 474-41, relating to membership of persons employed by local units of administration which operate local retirement systems.
(19) By striking "year to year" and inserting in its place "year-to-year" in subsection (b) of Code Section 47-4-100, relating to normal, early, and delayed retirement and vesting of right to a retirement benefit.

(20) By striking "the word" and inserting in its place "the term" in subsection (f) of Code Section 47-4-104, relating to benefits payable upon the death of a member and refunds to members whose employment has been terminated.

(21) By striking "as created by Chapter 3 of Title 38, the 'Georgia Emergency Management Act of 1981'" in subparagraph (B) of paragraph (9), by striking "are created" and "are governed" and inserting in their place "is created" and "is governed", and by striking "employ" and inserting in its place "employs" in subparagraph (D) of paragraph (9) of Code Section 47-5-2, relating to definitions relative to the Georgia Municipal Employees Benefit System.

(22) By striking "herein" and inserting in its place "in this chapter" and by deleting "of this Code" from Code Section 47-5-72, relating to exemption of chapter from regulation under Title 33.

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(23) By striking "trustees" and inserting in its place "trustee" in subsection (a) of Code Section 47-6-23, relating to investment powers of the Board of Trustees of the Employees' Retirement System of Georgia, members' and employees' dealings with funds; and vouchers for payments.

(24) By adding "and" at the end of paragraph (1) of subsection (a) of Code Section 47-6-81, relating to optional retirement allowances.
(25) By striking "firefighters'" and inserting in its place "firefighter's" both times it appears in Code Section 47-7-80, relating to transfer of service credits from one fire department to another.

(26) By striking "pro tern" and inserting in its place "pro tempore" in subsection (i) of Code Section 47-840, relating to eligibility for appointment to the office of senior judge, salary, and creditable service.
(27) By striking "application blank" and inserting in its place "application form" three times in subsection (a) of Code Section 47-1740, relating to application for membership in the Peace Officers' Annuity and Benefit Fund and credit for prior service.
(28) By striking "Act; provided" and inserting in its place "Act; provided, however," and by striking "agency; except" and inserting in its place "agency, except" in the introductory language of subsection (a) of Code Section 47-1841, relating to plans for old-age, survivors, and disability insurance coverage submitted by state political subdivisions; contents; approval; contributions required; and penalties.

(29) By striking "money (through discounts for interest)" and inserting in its place "money, through discounts for interest," and by striking "payment (by means of decrements such as for death, disability, withdrawal, or retirement)" and inserting in its place "payment, by means of decrements such as for death, disability, withdrawal, or retirement" in paragraph (6) of Code Section 47-20-3, relating to definitions relative to the Public Retirement Systems Standards Law.
(30) By striking the period and inserting in its place ", as follows:" at the end of the introductory language of subsection (a) of Code Section 47-20-10, relating to the minimum annual employer contribution.
(31) By striking "survivor's" and inserting in its place "survivors" in Code Section 47-2343, relating to election for participation in the Georgia Judicial Retirement System.
(32) By striking "survivor's" and inserting in its place "survivors" in subsection (f) of Code Section 47-23-105, relating to spouses' benefits, ceasing spouses' benefits, vesting, and designation of survivors benefits.

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SECTION 2.

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

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

Approved March 16, 2000.

ELECTIONS - CODE REVISION.
Code Sections 21-2-230 and 21-2-374 Amended.
No. 473 (House Bill No. 1260).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended as follows:
(1) By striking "subsection (d)" and inserting in its place "subsection (e)" in subsection (e) of Code Section 21-2-230, relating to challenge of persons on list of electors by other electors, procedure, hearing, and right of appeal.
(2) By redesignating subsection (d) as subsection (c) in Code Section 21-2-374, relating to proper programming, proper order, testing, and supplies.
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 3.

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

Approved March 16, 2000.

OFFICIAL CODE OF GEORGIA ANNOTATED - CODE REVISION; REENACTMENT; CORRECTIONS.
No. 474 (House Bill No. 1262).
AN ACT
To amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to repeal portions of the Code which have become obsolete; to delete portions of the Code which have been superseded by subsequent state laws; to provide for and to correct citations in the Official Code of Georgia Annotated and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the Official Code of Georgia Annotated; to provide for other matters relating to the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Reserved.
SECTION 2.
Reserved.
SECTION 3.
Reserved.
SECTION 4.
Reserved.
SECTION 5.
Reserved.

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SECTION 6.

Reserved.

SECTION 7.

Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended as follows:

(1) By striking paragraph (1) of subsection (b) of Code Section 7-1-7, relating to publication of notices or advertisements, which reads as follows:

"(1) In order to facilitate a merger, consolidation, or sale of assets pursuant to paragraph (3) of subsection (c) of Code Section 7-1-601, whether with an existing bank or a bank newly organized as a successor to a failing bank;",

and inserting in its place the following:

"(1) In order to facilitate a merger, consolidation, or sale of assets when one of the parties is a failed or failing bank;"

(2) By striking "subsection (c)" and inserting in its place "subsection (a)" in Code Section 7-1-611, relating to penalties for violations.

SECTION 8.

Reserved.

SECTION 9.

Reserved.

SECTION 10.

Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended as follows:

(1) By striking "146 et" and inserting in its place "146, et" in paragraph (2) of subsection (d) of Code Section 10-1-3, relating to requirements for retail installment contracts, limitations on time price differential, prepayment, and inclusion of construction permit costs.

(2) By striking "146 et" and inserting in its place "146, et" in subsection (b) of Code Section 10-1-33, relating to finance charge limitations and assignment of contract.

(3) By striking "container label and" and inserting in its place "container label, and" in Code Section 10-1-203, relating to inspection of antifreeze samples and annual license to sell antifreeze.

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(4) By striking "for or" and inserting in its place "for sale or" in division (a) (1) (C) (ii) and by striking "when vendor's" and inserting in its place "when the vendor's" in paragraph (3) of subsection (a) of Code Section 10-1-360, relating to definitions, records, penalties, and applicability regarding flea market vendor's record keeping.

(5) By striking "Code Section 10-1-393, Code Section 10-1-393.1, Code Section 10-1-393.2, Code Section 10-1-393.3, Code Section 10-1-393.4, or by" and inserting in its place "Code Section 10-1-393, 10-1-393.1, 10-1-393.2, 10-1-393.3, or 10-1-393.4 or by" in subsection (a) of Code Section 10-1-397, relating to the authority of administrator to issue cease and desist order or impose civil penalty, judicial relief, and receivers.

(6) By striking "Section 1 et" and inserting in its place "Section 1, et" in subsection (d) of Code Section 10-1-510, relating to conveyance of rights in works of fine art, statement of customer's right or license authorizing duplication, and liability.

(7) By striking "his business" and inserting in its place "his or her business" and by striking "he refuses" and inserting in its place "he or she refuses" in subsection (a) and by striking "the Official Code of Georgia Annotated," and inserting in its place "this Code," in subsection (f) of Code Section 10-1-623, relating to action for violation of article, punitive damages, and equitable relief.

(8) By deleting the comma following "purposes" in the introductory language of paragraph (1) and by striking "U.S.C. 1601 et seq." and inserting in its place "U.S.C. Section 1601, et seq." in subparagraph (A) of paragraph (1) of Code Section 10-1-681, relating to definitions relative to lease-purchase agreements.

(9) By inserting a colon at the end of items 3, 4, 5, 6, and 7 in the leasepurchase disclosure form in Code Section 10-1-689, relating to an example of the form.

(10) By striking "warehousemen" both times it appears and inserting in its place "warehouseman" only in subsection (a) of Code Section 10-4-19, relating to warehouse receipts required, obtaining printed forms, and use of electronic receipts authorized.

(11) By striking "insure" and inserting in its place "ensure" in Code Section 10-4-152, relating to regulations and physical standards for premises and inspection of premises.

(12) By striking "to date of" and inserting in its place "to the date of the" and by striking "of occupant's" and inserting in its place "of the occupant's" in Code Section 10-4-212, relating to lien of owner of self-service storage facility upon property located at facility, priority, and attachment.

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(13) By striking "advisor" and inserting in its place "adviser" in subparagraph (C) of paragraph (8) of Code Section 10-5A-l, relating to definitions relative to commodities and commodity contracts and options.
(14) By striking ''With respect any" and inserting in its place ''With respect to any" in subsections (b), (c), and (d) of Code Section 10-5B-5, relating to applicability to persons subject to other provisions of the Code.
(15) By striking "safe deposit" and inserting in its place "safe-deposit" in item 6 in the form in Code Section 10-6-142, relating to the statutory form for financial power of attorney.
(16) By deleting "after the date of enactment of this chapter" in divisions (2)(A)(ii), (iii), (iv), and (v), by deleting "(2)" in subparagraph (B) of paragraph (2), by striking "paragraph" and inserting in its place "division" in division (2)(B)(i), by deleting "(B)" in division (2)(B)(iii), by deleting "(2)" in subparagraph (C) of paragraph (2), by striking "Code section" and inserting in its place "paragraph" in subparagraph (C) of paragraph (2), by striking "Code section" and inserting in its place "paragraph" in division (2)(C)(i), and by striking "Code section" and inserting in its place "paragraph" in the second sentence of division (2) (C) (ii) of Code Section 10-13-3, relating to deposits into escrow accounts and violations.
SECTION 11.
Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, is amended as follows:
(1) By striking "mean not only 'branch bank,' but also 'bank office' and 'bank facility' as those terms are" and inserting in its place "mean 'branch office' as that term is" in subsection (4) of Code Section 11-1-201, relating to general definitions and principles of interpretation.
SECTION 12.
Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended as follows:
(1) By striking "privy" and inserting in its place "privity" in subsection (a) of Code Section 12-13-12, relating to recovery in event of discharge or threat of discharge of regulated substance and lien.
SECTION 13.
Reserved.

Reserved.

SECTION 14.

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SECTION 15.

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended as follows:

(1) By striking "who had" and inserting in its place "who has" and by adding "and" after the word and symbol "custody;" in paragraph (1) of subsection (a) and by striking "foster care," and inserting in its place "foster care" in the undesignated text following paragraph (2) of subsection (a) of Code Section 1511-17.1, relating to emergency care and supervision of child by Department of Human Resources, search for care provider, shelter care, medical treatment, and liability.

SECTION 16.

Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows:

(1) By striking "Protection" and inserting "Prevention" in subsection (a) of Code Section 16-11-170, relating to intent to provide state background check law and construction of part.

SECTION 17.

Reserved.

SECTION 18.

Reserved.

SECTION 19.

Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended as follows:

(1) By inserting "support" between "family" and "registry" in subsection (h) of Code Section 19-6-33.1, relating to family support registry.

(2) By striking "19 _)" and inserting in its place "__)" in the form in paragraph (2) of subsection (h) in Code Section 19-8-26, relating to how surrender of parental rights is executed, how and when surrender may be withdrawn, and forms.

SECTION 20.

Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows:

(1) By striking "The requirements of this Code section shall apply notwithstanding any contrary provision of Code Section 20-2-751.3." in subsection (c) of Code Section 20-2-751.4, relating to policies prohibiting bullying, assignment to alternative school, and notice.

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(2) By striking "school-related" and inserting in its place "school related" in paragraph (1) of subsection (a) and subparagraph (a)(1)(G) of Code Section 20-2-751.5, relating to student codes of conduct, copy of provisions to be sent to State Board of Education, and distribution.

(3) By striking "Section" and inserting in its place "section" in subsection (f) of Code Section 20-2-984.5, relating to the Professional Standards Commission, preliminary investigations, disciplinary actions, and hearings.

(4) By striking "eleven" and inserting in its place "11" in subsection (a) of Code Section 20-3-84, relating to the Center for Trade and Technology Transfer, board of directors, appointment of members, qualifications, officers, duties, reporting, and affiliation.

(5) By striking "Drug-Free" and inserting in its place "Drug-free" in paragraph (5) of Code Section 20-3-519.1, relating to ineligibility for scholarships or grants.
SECTION 21.

Reserved.

SECTION 22.

Reserved.

SECTION 23.

Reserved.

SECTION 24.

Reserved.

SECTION 25.

Reserved.

SECTION 26.

Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended as follows:

(1) By inserting the catchline "Qualifications." to subsection (a) of Code Section 264-41, relating to qualification for license, examination, internship, and other training programs.
SECTION 27.

Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended as follows:

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(1) By striking "stamp attached to his or her sport fishing license with the name of such person signed across the face of the stamp." and inserting in its place "license in addition to his or her fishing license." at the end of subsection (a) of Code Section 27-2-6, relating to trout license, official Georgia waterfowl license, and big game license.

(2) By striking "subparagraph (B) of paragraph (1) of subsection (g)" and inserting in its place "subparagraph (g) (1) (B)" in subsection (e) of Code Section 27-4-151, relating to use of crab traps and identification of boats or vessels.
SECTION 28.

Reserved.

SECTION 29.

Reserved.

SECTION 30.

Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended as follows:

(1) By striking "director's" and inserting in its place "director's" in paragraph (5) of Code Section 30-5-3, relating to definitions relative to protection of disabled adults and elder persons.
SECTION 31.

Title 31 of the Official Code of Georgia Annotated, relating to health, is amended as follows:

(1) By striking "department" and inserting in its place "Department of Human Resources" in the introductory language and in the undesignated text in subsection (a) of Code Section 31-6-45.1, relating to automatic revocation of certificate of need or authority.

(2) By inserting after "or board established in this chapter" "or in Chapter 5 of this title" in Code Section 31-6-48, relating to prior units abolished and transfer of contractual obligations.

(3) By striking "Code Section 31-6-21" and inserting in its place "Chapter 5A of this title" in paragraph (1) of subsection (c) of Code Section 31-7-94.1, relating to short title, legislative findings, certification of rural hospitals for grant eligibility, and rules and regulations.

(4) By striking 'The state Department of Community Health;" and inserting in its place "Reserved;" in paragraph (4) of Code Section 31-7-282, relating to collection and submission of data.

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(5) By striking "descendants can be" and inserting in its place "descendants can be" in paragraph (3) of subsection (a) of Code Section 31-21-45, relating to public exhibit or display of dead human bodies of American Indians or American Indian human remains.

SECTION 32.

Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended as follows:

(1) By striking "the Interstate and National Defense System" and inserting in its place ''The Dwight D. Eisenhower System of Interstate and Defense Highways" in paragraph (10) of Code Section 32-1-3, relating to definitions relative to the 'Georgia Code of Public Transportation.'

(2) By striking "national interstate and defense highways" and inserting in its place "of The Dwight D. Eisenhower System of Interstate and Defense Highways" in paragraph (1) of Code Section 32-4-1, relating to classification of public roads.
(3) By striking "the National System of Interstate and Defense Highways" and inserting in its place "The Dwight D. Eisenhower System of Interstate and Defense Highways" in subsection (b) of Code Section 32-6-22, relating to height of vehicles and loads.

(4) By striking "41 feet; this" and inserting in its place "41 feet. This" in subparagraph (b) (1) (B) in Code Section 32-6-24, relating to length of vehicles and loads.

(5) By striking "the National System of Interstate and Defense Highways" and inserting in its place "The Dwight D. Eisenhower System of Interstate and Defense Highways" in Code Section 32-6-25, relating to exemptions for farming, agricultural, and forest management equipment.

(6) By striking "the National System of Interstate and Defense Highways" and inserting in its place "The Dwight D. Eisenhower System of Interstate and Defense Highways" in Code Section 32-6-25.1, relating to exemptions for port vehicles used to transport cargo or containers.

(7) By striking "the National System of Interstate and Defense Highways" and inserting in its place ''The Dwight D. Eisenhower System of Interstate and Defense Highways" in paragraph (3) of subsection (a) of Code Section 32-6-26, relating to weight of vehicle and load.

(8) By striking "the National System of Interstate and Defense Highways" and inserting in its place ''The Dwight D. Eisenhower System of Interstate and Defense Highways" both times it appears in subparagraph (a) (1) (A) and in paragraph (3) of subsection (c) of Code Section 32-6-28, relating to permits for excess weight and dimensions.

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(9) By deleting "32-6-3," from Code Section 32-6-31, relating to construction of Code Sections 32-1-7, 32-1-10, 32-6-3, 32-6-26, 32-6-27, and 32-6-29.

(10) By striking "the National System of Interstate and Defense Highways" and inserting in its place 'The Dwight D. Eisenhower System of Interstate and Defense Highways" in paragraph (9) of Code Section 32-6-71, relating to definitions relative to control of signs and signals on the state highway system.

(11) By striking "the National System of Interstate and Defense Highways" and inserting in its place 'The Dwight D. Eisenhower System of Interstate and Defense Highways" in paragraph (12) of Code Section 32-10-1, relating to definitions relative to the Georgia Highway Authority.

SECTION 33.

Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended as follows:

(1) By striking "federal reserve system" and inserting in its place "Federal Reserve System" in paragraph (5.1) of Code Section 33-1-2, relating to definitions relative to insurance.

(2) By inserting a comma following "certificate" in the first sentence of Code Section 33-1-10, relating to limitations upon right to choose funeral services for insured.

(3) By striking "less" and inserting in its place "not more" in subparagraphs (B) and (C) of paragraph (1) of Code Section 33-2-8.2, relating to contents of Commissioner's quarterly report to legislative committees on insurance.

(4) By striking "act or violation" and inserting in its place "act in violation" both times it appears in subsection (g) of Code Section 33-2-24, relating to enforcement of title and rules, regulations, and orders; issuance of orders without hearings; civil actions; criminal violations; and penalties.

(5) by inserting a comma following "insured" in paragraph (2) of subsection (a) of Code Section 33-3-28, relating to request by claimant for information as to name of insurer, name of each insured, and limits of coverage.

(6) By striking "infers" and inserting in its place "implies" and by striking "he" and inserting in its place "he or she" in paragraph (2) and by striking "agent, agency, or broker, as defined in Code Section 33-23-40" and inserting in its place "agent or agency, as defined in Code Section 33-23-1" in subparagraph (C) of paragraph (6), by deleting "and" at the end of paragraph (12), by striking "his" and inserting in its place "his or her" in division (13) (A) (iii), and by inserting "; and" following the quotation marks at the end of subparagraph (C) of paragraph (13) of Code Section 33-6-5, relating to other unfair methods of competition and unfair and deceptive acts or practices.

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(7) By striking "subsection (a) of this Code section," and inserting in its place "this subsection" in paragraph (5) of subsection (a) of Code Section 33-11-29, relating to acquisition or holding of real property generally.
(8) By striking the period and inserting in its place "; or" at the end of paragraph (3) and by deleting ", except as to policy loans authorized under Code Section 33-11-24" in paragraph (4) of subsection (a) of Code Section 33-11-33, relating to prohibited investments and underwriting of offering of securities or property by other persons.
(9) By striking Code Section 33-11-51, relating to definitions, which reads as follows:
"33-11-51.
For purposes of this article, the term:

(1) 'Admitted assets' means assets permitted to be reported as admitted assets on the statutory financial statement of the insurer most recently required to be filed with the Commissioner.
(2) 'Asset-backed/mortgage-backed securities' shall include the types of securities defined below:

(A) 'Single-class mortgage-backed/asset-backed securities' means passthrough certificates and other securitized loans issued using only one class where the payment of interest or principal or both of the security is directly proportional to interest or principal or both received by the business entity from the loans supporting the security;

(B) 'Multiclass residential mortgage-backed securities' means mortgagebacked securities which have been divided into two or more classes, which do not receive proportionate payments of principal and interest, each of which represents an ownership interest in instruments which are directly or indirectly secured by liens on one-family to four-family residential properties, including:
(i) 'Defined multiclass residential mortgage-backed securities' which are first liens and are rated in one of the two highest generic rating categories established by a nationally recognized statistical rating organization that is recognized by the Securities Valuation Office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner; and

(ii) 'Other multiclass residential mortgage-backed securities' which are not first liens or, if secured by first liens, are rated below the two highest generic rating categories established by a nationally recog-

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nized statistical rating organization that is recognized by the Securities Valuation Office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner; and
(C) 'Multiclass commercial mortgage-backed/asset-backed securities' means securities which have been divided into two or more classes, which do not receive proportionate payments of principal and interest, each of which represents an ownership interest in instruments or cash flows, but not including those secured by liens on one to four family residential properties, including:
(i) 'Defined multiclass commercial mortgage-backed securities' which have been divided into two or more classes, which do not receive proportionate payments of principal and interest, each of which represents an ownership interest in instruments, directly or indirectly secured by a first lien on one or more parcels of real estate upon which is located one or more commercial structures, and rated in one of the two highest generic rating categories established by a nationally recognized statistical rating organization that is recognized by the Securities Valuation Office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner; and

(ii) 'Other multiclass commercial mortgage-backed/asset-backed securities' which have been divided into two or more classes, which do not receive proportionate payments of principal and interest, each of which represents an ownership interest in instruments or cash flows, including, but not limited to, instruments secured by liens on one or more parcels of real estate upon which is located one or more commercial structures that are not first liens or, if secured by first liens, the securities are rated below the two highest generic rating categories established by a nationally recognized statistical rating organization that is recognized by the Securities Valuation Office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner.
(2.1) 'Asset-valuation reserve' means the reserve required to be computed and reported in the annual and quarterly financial statements, adopted for use by the Commissioner, which is designed to address the credit related and equity risks of a domestic life or accident and sickness insurer's assets.

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(3) 'Debt-like preferred stock' means an investment with the structure of a preferred stock that has the cash flow characteristics of a debt instrument.

(4) 'Counterparty exposure amount' means:

(A) The net amount of credit risk attributable to a derivative instrument entered into with a business entity other than through a qualified exchange, qualified foreign exchange, or cleared through a qualified clearinghouse ('over-the-counter derivative instrument'). The amount of credit risk equals:

(i) The market value of the over-the-counter derivative instrument if the liquidation of the derivative instrument would result in a final cash payment to the insurer; or

(ii) Zero if the liquidation of the derivative instrument would not result in a final cash payment to the insurer;

(B) If over-the-counter derivative instruments are entered into under a written master agreement which provides for netting of payments owed by the respective parties, and the domiciliary jurisdiction of the counterparty is either within the United States or, if not within the United States, within a foreign jurisdiction listed in the NAIC Purposes and Procedures of the Securities Valuation Office as eligible for netting in accordance with procedures adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner, the net amount of credit risk shall be the greater of zero or the net sum of:

(i) The market value of the over-the-counter derivative instruments entered into under the agreement, the liquidation of which would result in a final cash payment to the insurer; and

(ii) The market value of the over-the-counter derivative instruments entered into under the agreement, the liquidation of which would result in a final cash payment by the insurer to the business entity; and

(C) For open transactions, market value shall be determined at the end of the most recent quarter of the insurer's fiscal year and shall be reduced by the market value of acceptable collateral held by the insurer or placed in escrow by one or both parties.

(5) 'Derivative instrument' means a cap, collar, floor, forward, future, option, swap, or warrant, as defined below:

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(A) 'Cap' means an option contract in which the cap writer (seller), in return for a premium, agrees to limit, or cap, the cap holder's (purchaser's) risk associated with an increase in a reference rate or index;

(B) 'Collar' means a combination of a cap and a floor (one purchased and one written). A collar fixes the rate between two levels (the strike prices of the cap and the floor);
(C) 'Floor' means an option contract in which the floor writer (seller), in return for a premium, agrees to limit the risk associated with a decline in a reference rate or index;
(D) 'Forward' means a contract in which there is an agreement (other than a futures) between two parties that commits one party to purchase and the other to sell the instrument or commodity underlying the contract at a specified future date;
(E) 'Future' means a standardized forward contract traded on organized exchanges. Each exchange specifies the standard terms of futures contracts it sponsors. Futures contracts are available for a wide variety of underlying instruments, including insurance, agricultural commodities, minerals, debt instruments (such as U.S. Treasury bonds and bills), composite stock indices, and foreign currencies;
(F) 'Option' means a contract that gives the option holder (purchaser of the option rights) the right, but not the obligation, to enter into a transaction with the option writer (seller of the option rights) on terms specified in the contract. A call option allows the holder to buy the underlying instrument, while a put option allows the holder to sell the underlying instrument;
(G) 'Swap' means a contract to exchange, for a period of time, the investment performance of one underlying instrument for the investment performance of another underlying instrument, typically without exchanging the instruments themselves. An interest rate swap is a contractual agreement between two parties to exchange interest rate payments (usually fixed for variable) based on a specified amount of underlying assets or liabilities (known as the notional amount) for a specified period. The swap does not involve an exchange of principal. The result of these transactions is to transform payments from a variable rate to a fixed rate, from a fixed rate to a variable rate, or from one variable rate index to another variable rate index; and

(H) 'Warrant' means an instrument that gives the holder the right to purchase an underlying financial instrument at a given price and time or at a series of prices and times outlined in the warrant agreement.

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(6) 'Derivative transaction' means a transaction involving the use of one or more derivative instruments.
(7) 'Domestic jurisdiction' means the United States, Canada, any state, any province of Canada, or any political subdivision of any of the foregoing.
(8) 'Equity-like preferred stock' means an investment with the structure of a preferred stock that has the characteristics of an equity instrument.
(9) 'Government sponsored enterprise' means a:
(A) Governmental agency; or
(B) Corporation, limited liability company, assoe1at10n, partnership, joint stock company, joint venture, trust, or other entity or instrumentality organized under the laws of any domestic jurisdiction to accomplish a public policy or other governmental purpose.
(10) 'Hedging transaction' means a derivative transaction which is entered into and maintained to reduce or manage:
(A) The risk of a change in the value, yield, price, cash flow, or quantity of assets or liabilities which the insurer has acquired or incurred or anticipates acquiring or incurring; or
(B) The currency exchange rate risk or the degree of exposure as to assets or liabilities which an insurer has acquired or incurred or anticipates acquiring or incurring.
(11) 'High grade investment' means an investment rated 1 or 2 by the Securities Valuation Office or any successor office, in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner.
(12) 'Lower grade investment' means an investment rated 4, 5, or 6 by the Securities Valuation Office or any successor office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner.
(13) 'Medium grade investment' means an investment rated 3 by the Securities Valuation Office or any successor office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner.

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(14) 'Minimum asset requirement' means the sum of an insurer's liabilities and its minimum financial security benchmark.

(15) 'Minimum financial security benchmark' means the amount an insurer is required to maintain under Code Section 33-11-52.

(16) 'Potential exposure' means the amount determined in accordance with the NAIC Annual Statement Instructions adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner.

( 17) 'Replication' means a derivative transaction involving one or more derivative instruments being used to modify the cash flow characteristics of one or more investments held by an insurer in a manner so that the aggregate cash flows of the derivative instruments and investments reproduce the cash flows of another investment having a higher risk-based capital charge than the risk-based capital charge of the original investments or investments.

(18) 'Special rated credit instrument' means an asset-backed/mortgagebacked security authorized by paragraph (2) of subsection (a) of Code Section 33-11-55 where the investment is structured such that:

(A) The payments are the interest only portion of the underlying collateral;

(B) Such payments are reduced as the balance of the underlying collateral is reduced; and

(C) Such reduction may cause a significant loss of the original investment. For purposes of this subparagraph, 'significant' shall mean a loss of 15 percent or more.

(19) 'SVO listed mutual fund' means a money market mutual fund or short-term bond fund that is registered with the United States Securities and Exchange Commission under the Investment Company Act of 1940, and that has been determined by the Securities Valuation Office or any successor office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner to be eligible for special reserve and reporting treatment other than as common stock.",

and inserting in lieu thereof the following:

"33-11-51.

For purposes of this article, the term:

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(1) 'Admitted assets' means assets permitted to be reported as admitted assets on the statutory financial statement of the insurer most recently required to be filed with the Commissioner.

(2) 'Asset-backed/mortgage-backed securities' shall include single-class mortgage-backed/asset-backed securities, multiclass residential mortgagebacked securities, and multiclass commercial mortgage-backed/asset backed securities.

(3) 'Asset-valuation reserve' means the reserve required to be computed and reported in the annual and quarterly financial statements, adopted for use by the Commissioner, which is designed to address the credit related and equity risks of a domestic life or accident and sickness insurer's assets.
(4) 'Cap' means an option contract in which the cap writer (seller), in return for a premium, agrees to limit, or cap, the cap holder's (purchaser's) risk associated with an increase in a reference rate or index.

(5) 'Collar' means a combination of a cap and a floor (one purchased and one written). A collar fixes the rate between two levels (the strike prices of the cap and the floor).

(6) 'Counterparty exposure amount' means:

(A) The net amount of credit risk attributable to an over-the-counter derivative instrument. The amount of credit risk equals:
(i) The market value of the over-the-counter derivative instrument if the liquidation of the derivative instrument would result in a final cash payment to the insurer; or
(ii) Zero if the liquidation of the derivative instrument would not result in a final cash payment to the insurer;

(B) If over-the-counter derivative instruments are entered into under a written master agreement which provides for netting of payments owed by the respective parties and the domiciliary jurisdiction of the counterparty is either within the United States or, if not within the United States, within a foreign jurisdiction listed in the Purposes and Procedures Manual of the NAIC Securities Valuation Office as eligible for netting in accordance with procedures adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner, the net amount of credit risk shall be the greater of zero or the net sum of:

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(i) The market value of the over-the-counter derivative instruments entered into under the agreement, the liquidation of which would result in a final cash payment to the insurer; and

(ii) The market value of the over-the-counter derivative instruments entered into under the agreement, the liquidation of which would result in a final cash payment by the insurer to the business entity; and

(C) For open transactions, market value shall be determined at the end of the most recent quarter of the insurer's fiscal year and shall be reduced by the market value of acceptable collateral held by the insurer or placed in escrow by one or both parties.
(7) 'Debt-like preferred stock' means an investment with the structure of a preferred stock that has the cash flow characteristics of a debt instrument.
(8) 'Derivative instrument' means a cap, collar, floor, forward, future, option, swap, or warrant.

(9) 'Derivative transaction' means a transaction involving the use of one or more derivative instruments.

(10) 'Domestic jurisdiction' means the United States, Canada, any state, any province of Canada, or any political subdivision of any of the foregoing.

(11) 'Equity-like preferred stock' means an investment with the structure of a preferred stock that has the characteristics of an equity instrument.

(12) 'Floor' means an option contract in which the floor writer (seller), in return for a premium, agrees to limit the risk associated with a decline in a reference rate or index.
(13) 'Forward' means a contract in which there is an agreement (other than a futures) between two parties that commits one party to purchase and the other to sell the instrument or commodity underlying the contract at a specified future date.

(14) 'Future' means a standardized forward contract traded on organized exchanges. Each exchange specifies the standard terms of futures contracts it sponsors. Futures contracts are available for a wide variety of underlying instruments, including insurance, agricultural commodities, minerals, debt instruments (such as United States Treasury bonds and bills), composite stock indices, and foreign currencies.
(15) 'Government sponsored enterprise' means a:

(A) Governmental agency; or

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(B) Corporation, limited liability company, association, partnership, joint-stock company, joint venture, trust, or other entity or instrumentality organized under the laws of any domestic jurisdiction to accomplish a public policy or other governmental purpose.
(16) 'Hedging transaction' means a derivative transaction which is entered into and maintained to reduce or manage:
(A) The risk of a change in the value, yield, price, cash flow, or quantity of assets or liabilities which the insurer has acquired or incurred or anticipates acquiring or incurring; or
(B) The currency exchange rate risk or the degree of exposure as to assets or liabilities which an insurer has acquired or incurred or anticipates acquiring or incurring.
(17) 'High-grade investment' means an investment rated 1 or 2 by the Securities Valuation Office or any successor office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner.
(18) 'Lower grade investment' means an investment rated 4, 5, or 6 by the Securities Valuation Office or any successor office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner.
(19) 'Medium grade investment' means an investment rated 3 by the Securities Valuation Office or any successor office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner.
(20) 'Minimum asset requirement' means the sum of an insurer's liabilities and its minimum financial security benchmark.
(21) 'Minimum financial security benchmark' means the amount an insurer is required to maintain under Code Section 33-11-52.
(22) 'Multiclass commercial mortgage-backed/asset-backed securities' means securities which have been divided into two or more classes, which do not receive proportionate payments of principal and interest, each of which represents an ownership interest in instruments or cash flows, but not including those secured by liens on one-family to four-family residential properties, including:

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(A) Defined multiclass commercial mortgage-backed securities which have been divided into two or more classes, which do not receive proportionate payments of principal and interest, each of which represents an ownership interest in instruments, directly or indirectly secured by a first lien on one or more parcels of real estate upon which is located one or more commercial structures, and rated in one of the two highest generic rating categories established by a nationally recognized statistical rating organization that is recognized by the Securities Valuation Office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner; and

(B) Other multiclass commercial mortgage-backed/asset-backed securities which have been divided into two or more classes, which do notreceive proportionate payments of principal and interest, each of which represents an ownership interest in instruments or cash flows, including, but not limited to, instruments secured by liens on one or more parcels of real estate upon which is located one or more commercial structures that are not first liens or, if secured by first liens, the securities are rated below the two highest generic rating categories established by a nationally recognized statistical rating organization that is recognized by the Securities Valuation Office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner.

(23) 'Multiclass residential mortgage-backed securities' means mortgagebacked securities which have been divided into two or more classes, which do not receive proportionate payments of principal and interest, each of which represents an ownership interest in instruments which are directly or indirectly secured by liens on one-family to four-family residential properties, including:
(A) Defined multiclass residential mortgage-backed securities which are first liens and are rated in one of the two highest generic rating categories established by a nationally recognized statistical rating organization that is recognized by the Securities Valuation Office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner; and

(B) Other multiclass residential mortgage-backed secunttes which are not first liens or, if secured by first liens, are rated below the two highest generic rating categories established by a nationally recognized statis-

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tical rating organization that is recognized by the Securities Valuation Office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner.

(24) 'Option' means a contract that gives the option holder (purchaser of the option rights) the right, but not the obligation, to enter into a transaction with the option writer (seller of the option rights) on terms specified in the contract. A call option allows the holder to buy the underlying instrument, while a put option allows the holder to sell the underlying instrument.

(25) 'Over-the-counter derivative instrument' means a derivative instrument entered into with a business entity other than through a qualified exchange, qualified foreign exchange, or cleared through a qualified clearing-house.

(26) 'Potential exposure' means the amount determined in accordance with the Annual Statement Instructions adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner.
(27) 'Replication' means a derivative transaction involving one or more derivative instruments being used to modify the cash flow characteristics of one or more investments held by an insurer in a manner so that the aggregate cash flows of the derivative instruments and investments reproduce the cash flows of another investment having a higher risk-based capital charge than the risk-based capital charge of the original investments or investments.

(28) 'Single-class mortgage-backed/asset-backed securities' means passthrough certificates and other securitized loans issued using only one class where the payment of interest or principal or both of the security is directly proportional to interest or principal or both received by the business entity from the loans supporting the security.

(29) 'Special rated credit instrument' means an asset-backed/mortgagebacked security authorized by paragraph (2) of subsection (a) of Code Section 33-11-55 where the investment is structured such that:

(A) The payments are the interest only portion of the underlying collateral;

(B) Such payments are reduced as the balance of the underlying collateral is reduced; and

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(C) Such reduction may cause a significant loss of the original investment. For purposes of this subparagraph, 'significant' shall mean a loss of 15 percent or more.
(30) 'SVO listed mutual fund' means a money market mutual fund or short-term bond fund that is registered with the United States Securities and Exchange Commission under the Investment Company Act of 1940 and that has been determined by the Securities Valuation Office or any successor office in accordance with valuation standards adopted by the National Association of Insurance Commissioners and adopted by regulation promulgated by the Commissioner or as otherwise prescribed by regulation promulgated by the Commissioner to be eligible for special reserve and reporting treatment other than as common stock.
(31) 'Swap' means a contract to exchange, for a period of time, the investment performance of one underlying instrument for the investment performance of another underlying instrument, typically without exchanging the instruments themselves. An interest rate swap is a contractual agreement between two parties to exchange interest rate payments (usually fixed for variable) based on a specified amount of underlying assets or liabilities (known as the notional amount) for a specified period. The swap does not involve an exchange of principal. The result of these transactions is to transform payments from a variable rate to a fixed rate, from a fixed rate to a variable rate, or from one variable rate index to another variable rate index.
(32) 'Warrant' means an instrument that gives the holder the right to purchase an underlying financial instrument at a given price and time or at a series of prices and times outlined in the warrant agreement."
(10) By striking "High grade" and inserting in its place "High-grade" in subparagraph (b) (3) (I) of Code Section 33-11-52, relating to determining minimum financial security benchmark.
(11) By striking "high grade" and inserting in its place "high-grade" in division (a) (3) (D) (iii) of Code Section 33-11-55, relating to investments eligible for support of outstanding liabilities.
(12) By deleting the comma after "33-11-63" in paragraph (2) of subsection (b) of Code Section 33-11-57, relating to nonconforming investments, requirements regarding assets at time of acquiring, nonadmitted assets, activities prior to effective date, relation of investment limitation, qualification of investments, documentation, authority of Commissioner, and insurance futures.
(13) By striking "advisors" and inserting in its place "advisers" in subsection (c) of Code Section 33-11-63, relating to determination by the Commissioner of noncompliance, reasonable additional restrictions, and consideration of other assets by the Commissioner.

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(14) By striking "Commissioners" and inserting in its place "Commissioners"' in paragraph (2) and by striking "subsection (b) of this Code section" and inserting in its place "this subsection" in paragraph (3) of subsection (b) of Code Section 33-13-2, relating to acquisition or organization of subsidiaries by domestic insurers, conduct of business by subsidiaries, and investment by insurers in securities of subsidiaries.
(15) By striking "increases" and inserting in its place "increase" in subdivision (b) (2) (E) (iii) (II) and by striking the period and inserting in its place a colon at the end of the introductory language of subsection (c) of Code Section 3313-3.1, relating to acquisition of insurer and effect on competition.

(16) By deleting the comma following "investments in" and by inserting a comma preceding "provided" in subparagraph (a) (2) (B) of Code Section 3313-5, relating to standards governing transactions by registered insurers with affiliates generally, extraordinary distributions, and adequacy of surplus.

(17) By inserting a comma between "employee" and "or" in Code Section 3313-10, relating to institution of criminal proceedings.
(18) By striking "insure" and inserting in its place "ensure" in subsection (b) of Code Section 33-14-17, relating to voting securities.

(19) By striking "state in time" and inserting in its place "state the time" in subsection (a) of Code Section 33-16-8, relating to contents of bylaws generally, amendment of bylaws, and provision for exclusion of members.

(20) By striking "relation" and inserting in its place "relationship" in subsection (b); by striking the semicolon after "maintained" and inserting a comma in its place, by striking "chapter, provided that" and inserting in its place "chapter; provided, however, that", by striking "plan, to ensure" and inserting in its place "plan so as to ensure", and by deleting the comma after "services" in subsection (c); and by striking "members" and inserting in its place "member" in subsection (d) of Code Section 33-20-18, relating to sale of contracts providing for payment of specified charges made by participating physicians, right of subscribers to select physicians, and liability of corporations for negligence of physicians.

(21) By inserting "of subsection (b)" following "paragraph (5)" in subsection (b) of Code Section 33-20A-6, relating to financial incentive programs prohibited and capitated payment arrangement allowed.

(22) By striking "referenda" and inserting in its place "referendums" in subsection (b) of Code Section 33-21-6, relating to composition of governing body and duty to establish mechanism for participation by enrollees in matters of policy and operation.

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(23) By striking "agent, agency, or broker" and inserting in its place "agent or agency" four times and by striking "33-23-40" and inserting in its place "33-231" in paragraph (6) of Code Section 33-22-16, relating to applicability of chapter.

(24) By striking "post-graduate" and inserting in its place "postgraduate" in paragraph (2) of subsection (e) of Code Section 33-24-28.4, relating to coverage of general anesthesia and hospital or ambulatory surgical facility charges for certain dental care.

(25) By inserting "Section" following "U.S.C." in Code Section 33-32-6, relating to tobacco crop insurance coverage.

(26) By deleting "State" from Code Section 33-45-3, relating to certificate of authority required for operation of continuing care facilities.

SECTION 34.

Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended as follows:

(1) By striking "Workers' Compensation Act" and inserting in its place "this chapter" and by deleting "subsections (a) and (b) of" in paragraph (3) of subsection (b) of Code Section 34-9-226, relating to the appointment of a guardian for a minor or incompetent claimant.

SECTION 35.

Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended as follows:

(1) By striking "92-544" and inserting in its place "92-544, 42 U.S.C. Section 14616" in paragraph (4) of subsection (a); by striking '"Interstate identification system' or 'III system'" and inserting in its place '"Interstate Identification Index System' or 'III System"' in paragraph (5) of subsection (a); by striking "III system - indexed" and inserting in its place "III System-indexed" in paragraph (2) of subsection (d); by striking "III system" and inserting in its place "III System" twice in subsection (e); and by striking "III system" and inserting in its place "III System" in subsection (f) of Code Section 35-3-39.1, relating to the National Crime Prevention and Privacy Compact.

SECTION 36.

Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended as follows:

(1) By striking "council member" and inserting in its place "councilmember" in subsection (f) of Code Section 36-32-40, relating to the creation of the Council of Municipal Court Judges of Georgia.

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SECTION 37.

Reserved.

SECTION 38.

Reserved.

SECTION 39.

Reserved. SECTION 40.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended as follows:

(1) By striking "the National System of Interstate and Defense Highways" and inserting in its place 'The Dwight D. Eisenhower System of Interstate and Defense Highways" in Code Section 40-2-20, relating to registration and license requirements and penalties.
(2) By inserting a comma between "provided" and "further" and by striking "subsection" and inserting in its place "paragraph" in paragraph (9) of subsection (c) of Code Section 40-2-130, relating to records of certificates of registration.
(3) By striking "a National System of Interstate and Defense Highways" and inserting in its place 'The Dwight D. Eisenhower System of Interstate and Defense Highways" in paragraphs (1) and (2) of subsection (a) and by striking "the National System of Interstate and Defense Highways" and inserting in its place "The Dwight D. Eisenhower System of Interstate and Defense Highways" in subsection (b) of Code Section 40-6-160, relating to speed limits.
(4) By striking "the National System of Interstate and Defense Highways" and inserting in its place 'The Dwight D. Eisenhower System of Interstate and Defense Highways" in paragraph (5) of subsection (c) of Code Section 40-6-206, relating to when police officers may remove vehicles.

Reserved.

SECTION 41.

SECTION 42.
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended as follows:

(1) By striking "subparagraph (1 )(A)" and inserting in its place "paragraph (1)" in paragraph (3) 0f subsection (b), by striking "subparagraph (1) (A)" and inserting in its place "subparagraph (A) of paragraph (1)" and by striking "subparagraph (1)(B)" and inserting in its place "subparagraph (B) of para-

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graph (1)" in paragraph (2) of subsection (d), and by striking "subparagraph (1) (A)" and inserting in its place "subparagraph (A) of paragraph (1)" in paragraph (3) of subsection (d) of Code Section 42-4-13, relating to possession of drugs, weapons, or alcohol by inmates.
(2) By deleting the comma after "frivolous" in Code Section 42-12-7.2, relating to number of forma pauper is actions limited.
SECTION 43.

Title 43 of the Official Code of Georgia annotated, relating to professions and business, is amended as follows:

( l) By striking "43-3-23.2, 43-3-25," and inserting in its place "43-3-25" in Code Section 43-3-36.1, relating to exemptions from continuing professional education requirements.

(2) By inserting a semicolon after "records" in subsection (g) of Code Section 43-SA-21, relating to powers and duties of the boxing commission.

(3) By striking "crises intervention" and inserting in its place "crisis intervention" in the undesignated text at the end of subparagraph (b)(l5)(D) and by striking "General Educational Development" and inserting in its place "general educational development" in subparagraph (b) (15.1) (C) of Code Section 43lOA-7, relating to licensing requirement and exceptions.

(4) By striking "designated" and inserting in its place "designed" in paragraph (15) of subsection (a) of Code Section 43-11-47, relating to refusal to grant, or revocation of, licenses and disciplining licensees.

(5) By striking "43-11-47 in accordance" and inserting in its place "43-11-47, in accordance" and by striking "in that Code Section" and inserting in its place "in that Code section" in Code Section 43-11-72, relating to sanctioning licenses.

(6) By striking "Chapter" and inserting in its place "chapter" in paragraph (5) of subsection (c) of Code Section 43-17-12, related to prohibited acts of charitable solicitations.

SECTION 44.

Title 44 of the Official Code of Georgia Annotated, relating to property, is amended as follows:

(1) By deleting "

County" at the end of the form in subsection

(c) of Code Section 44-2-242, relating to creditor's certificate and endorsement

of certificate.

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(2) By striking 'July 1, 1999" and inserting in its place 'July 1, 1999" in paragraph (3) of Code Section 44-12-310, relating to definitions of dies, molds, forms, and patterns.
(3) By striking the semicolon and inserting a period at the end of subparagraph (A) and by striking "; or" and inserting a period at the end of subparagraph (B) of paragraph (2) of Code Section 44-14-3, relating to furnishing of cancellation by grantee or holder upon payment, liability for failure to comply, cancellation of instrument after failure to comply, and liability of agents.

SECTION 45.

Reserved.

SECTION 46.

Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended as follows:

(1) By striking "enhanced wireless" and inserting in its place "wireless enhanced" the four times it appears in paragraph (4) of subsection (d) of Code Section 46-5-134, relating to billing of subscribers, liability of subscriber for service charge, taxes on service, establishment of Emergency Telephone System Fund, records, and use of federal, state, municipal, or private funds.

SECTION 47.

Reserved.

SECTION 48.

Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended as follows:

(1) By striking "reevaluation" and inserting in its place "revaluation" in subsection (a) of Code Section 48-5-304, relating to approval of tax digests when assessments in arbitration or on appeal, procedure, and withholding of grants by Office of Treasury and Fiscal Services.

(2) By striking "reevaluation" and inserting in its place "revaluation" in paragraph (3) of subsection (e) of Code Section 48-5-311, relating to creation of county boards of equalization, duties, review of assessments, and appeals.

(3) By striking "Code Sections 49-4-15 and 49-4-128" and inserting in its place "Code Section 49-4-15" in subparagraph (A) of paragraph (1) of Code Section 48-7-161, relating to definitions regarding setoff debt collection.

Reserved.

SECTION 49.

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SECTION 50.

Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended as follows:

(1) By striking "the programs" and inserting in its place "the program" in paragraph (3) of Code Section 50-9-110, relating to definitions relative to the Georgia Building Authority.

(2) By striking the word "chapter" and inserting in its place "article" in subsection (h) of Code Section 50-18-72, relating to when public disclosure not required and disclosure of exempting legal authority.

SECTION 51.

Reserved.

SECTION 52.

Reserved.

SECTION 53.

Reserved.

SECTION 54.

Except for Title 47, the text of Code sections and title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, and subdivision numbers and designations as contained in the Official Code of Georgia Annotated published under authority of the state by The Michie Company in 1982 and contained in Volumes 3 through 40 of such publication or replacement volumes thereto, as amended by the text and numbering of Code sections as contained in the 1999 supplements to the Official Code of Georgia Annotated published under authority of the state in 1999 by LEXIS Publishing, is reenacted and shall have the effect of statutes enacted by the General Assembly of Georgia. Annotations; editorial notes; Code Revision Commission notes; research references; notes on law review articles; opinions of the Attorney General of Georgia; indexes; analyses; title, chapter, article, part, and subpart captions or headings, except as otherwise provided in the Code; catchlines of Code sections or portions thereof, except as otherwise provided in the Code; and rules and regulations of state agencies, departments, boards, commissions, or other entities which are contained in the Official Code of Georgia Annotated are not enacted as statutes by the provisions of this Act. Material which has been added in brackets or parentheses and editorial, delayed effective date, effect of amendment, or other similar notes within the text of a Code section by the editorial staff of the publisher in order to explain or to prevent a misapprehension concerning the contents of the Code section and which is explained in an editorial note is not enacted by the provisions of this section and shall not be considered a part of the Official Code of Georgia An-

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notated. The reenactment of the statutory portion of the Official Code of Georgia Annotated by this Act shall not affect, supersede, or repeal any Act of the General Assembly, or portion thereof, which is not contained in the Official Code of Georgia Annotated and which was not repealed by Code Section 1-1-10, specifically including those Acts which have not yet been included in the text of the Official Code of Georgia Annotated because of effective dates which extend beyond the effective date of the Code or the publication date of the Code or its supplements. The provisions contained in other sections of this Act and in the other Acts enacted at the 2000 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated reenacted by this section.
SECTION 55.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 56.

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

Approved March 16, 2000.

EDUCATION - RAPE PREVENTION AND PERSONAL SAFETY PROGRAMS FOR TEENAGERS.
Code Section 20-2-314 Enacted.
No. 475 (House Bill No. 171).
AN ACT
To amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain educational programs, so as to require the State Board of Education to develop a rape prevention and personal safety education program for grade 8 through grade 12; to provide that local boards of education may implement such program; to require the state board to make information regarding such program available to the Board of Regents of the University System of Georgia; 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 certain educational programs, is amended by inserting at the end thereof the following:

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"20-2-314.

The State Board of Education shall develop, with input from appropriate experts and rape crisis centers and by the start of the 2000-2001 school year, a rape prevention and personal safety education program for grade 8 through grade 12 which is consistent with the core curriculum provided for in Code Section 20-2-140. Local boards may implement such a program at any time and for any grade level it finds appropriate, and the state board shall encourage the implementation of such program. In addition, the state board shall make information regarding such program available to the Board of Regents of the University System of Georgia."

SECTION 2.

This Act shall become effective on July 1, 2000.

SECTION 3.

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

Approved March 16, 2000.

LOCAL GOVERNMENT - ANNEXATION; DEANNEXATION; REGULATION; PROCEDURES.
Code Title 36, Chapter 36 Amended.
No. 477 (House Bill No. 1439).
AN ACT
To amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, so as to provide for comprehensive regulation of maps, surveys, and reports with respect to annexed areas; to provide for procedures; to change certain provisions regarding prohibitions with respect to the creation of unincorporated islands; to change certain provisions regarding notice of proposed annexations; to repeal certain restrictions regarding annexation of unincorporated islands; to change the definition of contiguous area with respect to the 100 percent method of annexation; to repeal the limitation regarding utilization of the 100 percent method of annexation in any municipality within any county of this state having a population of 100,000 or more according to the United States decennial census of 1990 or any future such census; to change certain provisions regarding deannexation; to provide for procedures and limitations regarding annexation across county lines under the 100 percent method of annexation; to change certain provisions regarding identification of annexed property and territory; to change certain definitions regarding annexation of unincorporated islands; to change certain provisions

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regarding annexation of unincorporated islands; to authorize annexation of all or any portion of unincorporated islands; 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 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, is amended by striking Code Section 36-36-3, relating to maps and surveys, and inserting in its place a new Code Section 36-36-3 to read as follows:
"36-36-3.
(a) The clerk, city attorney, or other person designated by the governing authority of any municipality annexing property shall file a report identifying any property annexed with the Department of Community Affairs and with the county governing authority of the county in which the property being annexed is located. Such reports shall be filed, at a minimum, not more than 30 days following the last day of the quarter in which the annexation becomes effective but may be filed more frequently. Each report shall include the following:
(1) The legal authority under which the annexation was accomplished, which shall be the ordinance or resolution number for any annexation effected pursuant to Article 2, 3, 4, or 6 of this chapter or the Act number if effected by local Act of the General Assembly; and
(2) A map and a complete survey by a registered surveyor, containing no fewer than four surveyed map registration points and recorded with the Georgia Coordinate System of 1985, showing the boundaries of the area being annexed and the existing boundaries of the annexing municipality between the points at which these boundaries close, if applicable. The accuracy of the surveyed map shall meet the requirements set forth in the Rules and Regulations of the State of Georgia, Section 180-7-01 Technical Standards for Property Surveys. The map demarcation of the map registration points should be well distributed along, within, or near the boundary of the annexed area. This map and survey must also meet the requirements set forth in Code Section 15-6-67 for filing maps or plats relating to real estate with the clerk of superior court.
(b) The submission of a report required under subsection (a) of this Code section shall be made in writing and may also be made in electronic format, ,at the discretion of the submitting municipality.
(c)(l) The Department of Community Mfairs shall notify the clerk of the annexing municipality within 30 days after receipt of a report submitted under subsection (a) of this Code section if it determines the submission

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to be incomplete. The annexing municipality shall file a corrected report with the department and the county governing authority where the annexed property is located within 45 days from the date of the notice of any deficiency.

(2) No annexed area shall be added to the state map until such report has been properly submitted to the Department of Community Mfairs.

(3) Compliance with the requirements of this Code section shall be construed to be merely ancillary to and not an integral part of the annexation procedure such that an annexation shall, if otherwise authorized by law, become effective even though required filings under this Code section are temporarily delayed or omitted.
(d) The Department of Community Mfairs shall, upon request, provide technical assistance to any municipality with respect to the requirements of subsection (a) of this Code section.

(e) The Department of Community Mfairs shall maintain the annexation reports submitted to it pursuant to this Code section for two years. Annexation reports shall be subject to disclosure and inspection under Article 4 of Chapter 18 of Title 50 while maintained in the possession of the Department of Community Affairs. Two years after receipt of an annexation report from a municipality, the Department of Community Affairs shall transfer possession of such report to the Department of Archives and History for permanent retention.

(f) The clerk, city attorney, or other person designated by the governing authority of any municipality annexing property shall also file a copy of the transmittal letter to the United States Department of Justice seeking preclearance, without the attachments to such letter, with the Department of Community Mfairs and with the governing authority of the county in which the property being annexed is located. This subsection shall apply so long as a filing with the United States Department of Justice is required."
SECTION 2.

Said chapter is further amended by striking subsection (a) of Code Section 3636-4, relating to prohibitions regarding the creation of unincorporated islands, and inserting in its place a new subsection (a) to read as follows:

"(a) The creation of unincorporated islands as described in paragraph (1), (2), or (3) of this subsection shall be prohibited:

(1) Annexation or deannexation which would result in the creation of an unincorporated area with its aggregate external boundaries abutting the annexing municipality;

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(2) Annexation or deannexation which would result in the creation of an unincorporated area with its aggregate external boundaries abutting any combination of the annexing municipality and one or more other municipalities; or
(3) Annexation or deannexation which would result in the creation of an unincorporated area to which the county would have no reasonable means of physical access for the provision of services otherwise provided by the county governing authority solely to the unincorporated area of the county."
SECTION 3.

Said chapter is further amended by striking Code Section 36-36-5, relating to restrictions regarding annexation of unincorporated islands, and inserting in its place a new Code Section 36-36-5 to read as follows:

"36-36-5. Reserved."

SECTION 4.

Said chapter is further amended by striking Code Section 36-36-6, relating to certain notice of proposed annexations, and inserting in its place a new Code Section 36-36-6 to read as follows:

"36-36-6.
Upon accepting an application for annexation pursuant to Code Section 3636-21 or a petition for annexation pursuant to Code Section 36-36-32, or upon adopting a resolution calling for an annexation referendum pursuant to Code Section 36-36-57, the governing authority of the annexing municipality shall within five business days give written notice of the proposed annexation to the governing authority of the county wherein the area proposed for annexation is located. Such notice shall include a map or other description of the site proposed to be annexed sufficient to identify the area. Where the proposed annexation is to be effected by a local Act of the General Assembly, a copy of the proposed legislation shall in accordance with Code Section 28-1-14.1 be provided to the governing authority of the county wherein the proposed annexation is located at the same time the notice of intent required by state law is published."

SECTION 5.
Said chapter is further amended by striking Code Section 36-36-20, relating to the definition of contiguous area with respect to the 100 percent method of annexation, and inserting in its place a new Code Section 36-36-20 to read as follows

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"36-36-20.

(a) As used in this article, the term 'contiguous area' means, at the time the annexation procedures are initiated, any area that meets the following conditions:

(1) At least one-eighth of the aggregate external boundary or 50 feet of the area to be annexed, whichever is less, either abuts directly on the municipal boundary or 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 of:

(A) Any street or street right of way;

(B) Any creek or river; or

(C) Any right of way of a railroad or other public service corporation

which divides the municipal boundary and any area proposed to be annexed;

(2) The entire parcel or parcels of real property owned by the person seeking annexation is being annexed; provided, however, that lots shall not be subdivided in an effort to evade the requirements of this paragraph; and

(3) The private property annexed, excluding any right of way of a railroad or other public service corporation, complies with the annexing municipality's minimum size requirements, if any, to construct a building or structure occupiable by persons or property under the policies or regulations of the municipal development, zoning, or subdivision ordinances.

(b) Notwithstanding the limitations of subsection (a) of this Code section, an area may be annexed by agreement between the municipal corporation and the governing body of the county in which the territory proposed to be annexed is located.

(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;

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(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."

SECTION 6.

Said chapter is further amended by striking Code Section 36-36-21, relating to the 100 percent method of annexation, and inserting in its place a new Code Section 36-36-21 to read as follows:

"36-36-21.
Authority is granted to the governing bodies of the several municipal corporations of this state to annex to the existing corporate limits thereof unincorporated areas contiguous to the existing corporate limits at the time of such annexation, in accordance with the procedures provided in this article and in Article 1 of this chapter, upon the written and signed applications of all of the owners of all of the land, except the owners of any public street, road, highway, or right of way, proposed to be annexed, containing a complete description of the lands to be annexed. Lands to be annexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the municipal corporation when any one part of the entire body abuts such limits. When such application is acted upon by the municipal authorities and the land is, by ordinance, annexed to the municipal corporation, an identification of the property so annexed shall be filed with the Department of Community Affairs and with the governing authority of the county in which the property is located in accordance with Code Section 36-36-3. When so annexed, such lands shall constitute a part of the lands within the corporate limits of the municipal corporation as completely and fully as if the limits had been marked and defined by local Act of the General Assembly. Except as provided in subsection (c) of Code Section 36-36-20, nothing in this article shall be construed to authorize annexation of the length of any public right of way except to the extent that such right of way adjoins private property otherwise annexed by the municipal corporation."

SECTION 7.

Said chapter is further amended by striking Code Section 36-36-22, relating to deannexation, and inserting in its place a new Code Section 36-36-22 to read as follows:

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"36-36-22.
Authority is granted to the governing bodies of the several municipal corporations of this state to deannex an area or areas of the existing corporate limits thereof, in accordance with the procedures provided in this article and in Article 1 of this chapter, upon the written and signed applications of all of the owners of all of the land, except the owners of any public street, road, highway, or right of way, proposed to be deannexed, containing a complete description of the lands to be deannexed and the adoption of a resolution by the governing authority of the county in which such property is located consenting to such deannexation. Lands to be deannexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the municipal corporation when any one part of the entire body abuts such limits. When such application is acted upon by the municipal authorities and the land is, by ordinance, deannexed from the municipal corporation, an identification of the property so deannexed shall be filed with the Department of Community Affairs and with the governing authority of the county in which the property is located in accordance with Code Section 36-36-3. When so deannexed, such lands shall cease to constitute a part of the lands within the corporate limits of the municipal corporation as completely and fully as if the limits had been marked and defined by local Act of the General Assembly."
SECTION 8.

Said chapter is further amended by adding a new Code section immediately following Code Section 36-36-22, to be designated Code Section 36-36-23, to read as follows:

"36-36-23.

(a) Annexation pursuant to this article by a municipal corporation into an adjoining county in which the municipality is not already located shall be accomplished in accordance with this Code section. Within ten business days of receiving an application for annexation, the municipal corporation shall provide written notice to the county governing authority of the adjoining county of its intent to annex into the county. Such notice shall include a map or other description of the land proposed for annexation sufficient for the county to identifY the location of the proposed annexation. A meeting between the county governing authority and municipal governing authority shall be held to discuss the proposed annexation if the county governing authority files a written request for such meeting with the municipal governing authority within 15 days of receipt of the notice of the proposed annexation. The requested meeting shall be held within 15 days of the request by the county unless otherwise agreed to by the county and the municipality.

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(b) No municipality may annex into an adjoining county in which the municipality is not already located unless otherwise agreed to by the county governing authority of the adjoining county. Such annexation shall be deemed approved, unless the county governing authority adopts a resolution opposing the annexation within 30 days following the earlier of:
(1) The completion of the meeting between the municipal and county governing authorities, if any, pursuant to subsection (a) of this Code section; or
(2) Thirty days after notice of the proposed annexation from the municipal corporation to the county governing authority, if no meeting is requested by the county governing authority.

(c) In making its decision, the county governing authority shall consider the following factors:
(1) Whether the annexation ordinance is reasonable for the long-range economic and overall well-being of the counties, school districts, and municipalities affected by the annexation;
(2) Whether the health, safety, and welfare of property owners and citizens of the county, municipalities, and area proposed to be annexed will be negatively affected by the annexation;

(3) Whether the proposed annexation has any negative fiscal impact on the county, school districts, and other municipalities that have not been mitigated by an agreement; and

(4) The interests of the property owner seeking annexation.

(d) If the county governing authority disapproves the annexation, the municipal corporation may challenge the disapproval by filing a complaint in the superior court of the adjoining county into which such annexation has been proposed. The challenge shall be heard by either a judge or senior judge who is not from the circuit in which either the county or the municipality is located. If the court finds by a preponderance of the evidence that the determination by the county based upon the factors enumerated in subsection (c) of this Code section is correct, then the denial by the county shall be sustained. If the denial is not sustained, the annexation may proceed."

SECTION 9.

Said chapter is further amended by striking subsection (a) of Code Section 3636-38, relating to filing of identification of annexed property with the county and Secretary of State, and inserting in its place a new subsection (a) to read as follows:

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"(a) When an application pursuant to Code Section 36-36-32 is acted upon by the municipal authorities and the land, by ordinance, is annexed to the municipal corporation, an identification of the annexed property shall be filed with the Department of Community Mfairs and with the county m which the property is located in accordance with Code Section 36-36-3."
SECTION 10.
Said chapter is further amended by striking Code Section 36-36-59, relating to filing of identification of annexed territory with Secretary of State and the county governing authority, and inserting in its place a new Code Section 3636-59 to read as follows:
"36-36-59.
Whenever the limits of a municipal corporation are enlarged in accordance with this article, it shall be the duty of the clerk, city attorney, or other person designated by the governing authority of the municipal corporation to cause an identification of the annexed territory to be filed with the Department of Community Mfairs and with the governing authority of the county in which the property is located in accordance with Code Section 36-36-3."
SECTION 11.
Said chapter is further amended by striking Code Section 36-36-90, relating to annexation of unincorporated islands, and inserting in its place a new Code Section 36-36-90 to read as follows:
"36-36-90.

As used in this article, the term:
(1) 'Contiguous area' means any unincorporated area which, on or after January I, 1999, had an aggregate external boundary directly abutting a municipal boundary. Any area shall be considered 'contiguous' if the aggregate external boundary would directly abut the municipal boundary if not otherwise separated, in whole or in part, from the municipal boundary by lands owned by the municipal corporation, by lands owned by a county, or by lands owned by this state or by the definite width of:
(A) Any street or street right of way;

(B) Any creek or river; or
(C) Any right of way of a railroad or other public service corporation.
(2) 'Municipal corporation' means a municipal corporation which has a population of 200 or more persons according to the United States decennial census of 1980 or any future such census.
(3) 'Unincorporated island' means:

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(A) An unincorporated area in existence on January 1, 1991, with its aggregate external boundaries abutting the annexing municipality;
(B) An unincorporated area in existence as of January 1, 1991, with its aggregate external boundaries abutting any combination of the annexing municipality and one or more other municipalities; or

(C) An unincorporated area in existence as of January 1, 1991, which the county governing authority has by resolution adopted not later than 90 days following July 1, 1992, that identifies any unincorporated area of the county to which the county has no reasonable means of physical access for the provision of services otherwise provided by the county governing authority solely to the unincorporated area of the county."
SECTION 12.
Said chapter is further amended by striking subsections (a) and (b) of Code Section 36-36-92, relating to annexation of unincorporated islands, and inserting in their place new subsections (a) and (b) to read as follows:

"(a) The governing body of each municipal corporation of the state may annex to the existing corporate limits thereof all or any portion of unincorporated islands which are contiguous to the existing limits at the time of such annexation upon compliance with the procedures set forth in this article and in accordance with the procedures provided in Article 1 of this chapter.
(b) Annexation of unincorporated islands as authorized in subsection (a) of this Code section shall be accomplished by ordinance at a regular meeting of the municipal governing authority within 30 days after written notice of intent to annex such property is mailed to the owner of such property at the last known address for such owner as it appears on the ad valorem tax records of the county in which such property is located. Mter the adoption of the annexation ordinance, an identification of the property annexed shall be filed with the Department of Community Mfairs and with the governing authority of the county in which the property is located, in accordance with Code Section 36-36-3."
SECTION 13.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 14.

All laws and parts of laws in conflict with this Act are repealed. Approved March 17, 2000.

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BANKING AND FINANCE- FINANCIAL INSTITUTIONS.

Code Title 7, Chapter 1 Amended.

No. 480 (House Bill No. 1231).

AN ACT

To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to change certain definitions; to change certain notice requirements for a merger when a party is a failed or failing bank; to allow the Department of Banking and Finance to modify certain qualifying or limiting requirements imposed by this chapter; to expand certain operating powers of banks and trust companies; to allow a bank to own or lease certain real property; to allow a bank to elect to use the federal limits on obligations of one person or corporation instead of the state limits; to change provisions relating to transacting business in securities by banks; to change provisions relating to boards of directors of banks to allow for exceptions to the residency requirements, to allow for staggered terms, and to allow nonpolicymaking regional boards; to change provisions relating to disposal of nonconforming assets in a merger or consolidation; to provide that the commissioner has discretion in allowing the retention of certain nonconforming assets after a national to state bank or trust company conversion; to change provisions relating to branch offices; to provide an additional exception to the five-year age requirement for certain activities following an acquisition; to provide for cooperation with other state regulators regarding reports by branches established by interstate banking and branching by merger; to change provisions relating to criminal records checks for check sellers, check cashers, and mortgage brokers and mortgage lenders; to list additional situations when a check-cashing license may be revoked or suspended; to provide that certain entities are exempt from being licensed or registered as a mortgage broker or mortgage lender if they follow certain notification requirements; to provide for registration and notification; to prohibit a person from purchasing, selling, or transferring mortgage loan applications without a license, registration, or exemption; to consolidate and clarify the bonding and financial information requirements of mortgage brokers and mortgage lenders and to authorize a letter of credit to substitute for a bond; to authorize the department to provide for minimum education and experience requirements for mortgage brokers; to change the dates for filing or renewing a license or registration; to provide that branch managers of mortgage brokers or mortgage lenders must be approved by the department; to provide for certain increased rule-making authority for the department in certain situations; to correct certain references; to provide 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.

Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by striking paragraph (21) of Code Section 71-4, relating to definitions, and inserting in lieu thereof a new paragraph to read as follows:

"(21) 'Financial institution' means:

(A) A bank;

(B) A trust company;
(C) A building and loan association;
(D) A credit union;
(E) A corporation licensed to engage in the business of selling checks in this state on April 1, 1975, or so licensed pursuant to Article 4 of this chapter;

(F) Business development corporations existing-on April 1, 1975, pursuant to the former 'Georgia Business Development Corporation Act of 1972,' approved April 3, 1972 (Ga. L. 1972, p. 798), or organized pursuant to Article 6 of this chapter;
(G) An international bank agency doing business in this state on April 1, 1975, pursuant to the former 'International Bank Agency Act,' approved April 6, 1972 (Ga. L. 1972, p. 1140), or authorized to do business in this state pursuant to Article 5 of this chapter;

(H) In addition, as the context requires, a national bank, savings and loan association, or federal credit union for the purpose of the following provisions:
(i) Code Section 7-1-2, relating to findings of the General Assembly;

(ii) Code Section 7-1-3, relating to objectives of this chapter;

(iii) Code Section 7-1-8, relating to supplementary principles of law;

(iv) Code Section 7-1-37, relating to restrictions on officials and personnel;
(v) Code Section 7-1-70, relating to disclosure of information;

(vi) Code Section 7-1-90, relating to judicial review of department action;
(vii) Subsection (d) of Code Section 7-1-91, relating to orders to desist from conduct illegal under the laws and regulations of this state;

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(viii) Code Section 7-1-94, relating to the evidentiary results of examinations and investigations;

(ix) Code Sections 7-1-111 and 7-1-112, relating to emergency closings;

(x) Code Sections 7-1-110 and 7-1-294, relating to permissive closings; (xi) Code Section 7-1-133, relating to prohibited advertising;

(xii) Paragraph (11) of Code Section 7-1-261, relating to additional operational powers of banks and trust companies;

(xiii) Paragraph (3) of subsection (a) of Code Section 7-1-394, relating to criteria to be considered in approving new banks;

(xiv) Code Section 7-1-658, relating to loans;

(xv) Code Section 7-1-840, relating to criminal prosecutions; and

(xvi) Code Section 7-1-841, relating to application of Title 16 provisions;
(I) For the purposes of Code Section 7-1-61, 'financial institution' shall also include a bank holding company as defined in Code Section 7-1605;
(J) For the purposes of paragraph (10) of Code Section 7-1-261, relating to agency relationships, 'financial institution' shall include banks chartered by states other than Georgia; and

(K) For the purposes of Part 6 of Article 2 of this chapter, relating to deposits, safe deposit agreements, and money received for transmission, and Article 8 of this chapter, relating to multiple party deposit accounts, 'financial institution' shall also include federal credit unions."
SECTION 2.

Said chapter is further amended by striking subsection (b) of Code Section 71-7, relating to publication of notices or advertisements, and inserting in lieu thereof a new subsection to read as follows:

"(b) The department may waive or modify any requirement to publish a notice:

(1) In order to facilitate a merger, consolidation, or sale of assets when one of the parties is a failed or failing bank as determined by the commissioner;

(2) Whenever it determines that the public benefit is not significantly served by a second or subsequent publication in a situation where a series of transactions would otherwise require multiple publications;

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(3) Where a similar publication required by another state or federal regulator serves substantially the same purpose;
(4) By regulation or order, whenever it determines that a lesser number of publications will reduce administrative burden and will adequately serve the public benefit of the notice; or

(5) For other reasons of regulatory parity." SECTION 3.

Said chapter is further amended by striking Code Section 7-1-61, relating to rules and regulations, and inserting in lieu thereof a new Code section to read as follows:
"7-1-61.
(a) The department shall have the authority to promulgate rules and regulations to effectuate the objectives or provisions of this chapter. Without limiting the generality of the foregoing, the department is expressly authorized to make rules and regulations, consistent with this chapter, relating to organization, operations, and powers of financial institutions to:
(1) Enable financial institutions existing under the laws of this state to compete fairly with financial institutions and others providing financial services in this state existing under the laws of the United States, other states, or foreign governments; or

(2) Protect financial institutions jeopardized or challenged by new economic or technological conditions or by significant changes in the legal environment.
(b) In the exercise of the discretion permitted by this Code section, the commissioner shall consider:

(1) The ability of financial institutions to exercise any additional powers in a safe and sound manner;

(2) The authority of national banks operating pursuant to federal law, regulation, or authoritative pronouncement;
(3) The powers of other entities providing financial services in this state; and

(4) Any specific limitations on financial institution operations or powers contained in this chapter.

(c) In the further exercise of the discretion permitted by this Code section and to provide parity with other federally insured financial institutions, the commissioner may, by specific order directed to an individual financial insti-

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tution or category of financial institutions, modify or amend the following qualifying or limiting requirements imposed on financial institutions by this chapter:

(1) Collateral requirements and limits on the amount of obligations owing to it from any one person or corporation;

(2) Loan to value or other limitations in real estate lending;

(3) Limitations on the amount of investments in stock or other capital securities of a corporation or other entity; and

(4) Limitations on the amount of bank acceptances to be issued.

No such order will be issued unless the commissioner determines that such activity will not present undue safety and soundness risks to the financial institution or institutions involved. In making such a determination, the commissioner shall consider the financial condition and regulatory safety and soundness ratings of the institution or institutions affected and the ability of management to administer and supervise the activity. Any such order pursuant to this subsection will be available for public review.

(d) Rules and regulations promulgated by the department may provide for controls, registration, or restrictions reasonably necessary to:

(1) Prevent unfair or deceptive business practices which are prohibited under Code Section 10-1-393;

(2) Prevent deceptive or misleading business practices by financial services providers which may occur by way of alternate delivery systems for the provision of financial products and services such as the Internet or other telecommunication capabilities; or

(3) Prevent or control unfair or deceptive business practices which would operate to the detriment of any competing business or enterprise or to persons utilizing the services of any financial institution, its subsidiary, or affiliate.

(e) All rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' including the requirements for hearing as stated in that chapter. Regulations issued under this or other provisions of this chapter may make appropriate distinctions between types of financial institutions and may be amended, modified, or repealed from time to time."

SECTION 4.

Said chapter is further amended by striking paragraphs (5) and (11) of Code Section 7-1-261, relating to additional operating powers of banks and trust companies, and inserting in lieu thereof new paragraphs to read as follows:

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"(5) To acquire and hold real property to the extent permitted by Code Sections 7-1-262, 7-1-282, and 7-1-286;"
"(11) To have and exercise all powers necessary, convenient, or incidental to effect any and all purposes for which the bank or trust company and its subsidiaries and affiliates is organized, provided that the commissioner may establish approval procedures by regulation for additional powers as needed to satisfy the objectives of this chapter. Powers shall include but not be limited to: sale of securities, annuities, and other investment products upon the order of and for the account of its customers, subject to applicable federal or state securities requirements; sale of insurance subject to state insurance laws, regulations, and licensing requirements, applicable federal laws, and departmental regulations and policies; sale or lease of excess computer capacity; expansion of customer services through the use of technology; other powers including those bank and trust powers authorized to subsidiaries of the bank or trust company pursuant to subparagraph (c) (2) (F) of Code Section 7-1-288; and other such powers to carry on banking, trust, or other activities determined by the commissioner to be financial in nature or incident or complementary to such financial activities and consistent with the objectives of this chapter and the regulations of the department."
SECTION 5.
Said chapter is further amended by striking Code Section 7-1-282, relating to direct leasing of personal property by banks, and inserting in lieu thereof a new Code section to read as follows:
"7-1-282.
Notwithstanding any other provlSlon of law to the contrary and subject to such regulations as the department may prescribe, a bank may:
(1) Become the owner and lessor of personal property acquired upon the specific request and for the use of a customer and may incur such additional obligations as may be incident to becoming an owner and lessor of such property. At the end of any lease, the bank shall, within six months, enter into a new lease with respect to the property or dispose of it. The leasing shall constitute an indebtedness under Code Section 7-1-285 and shall be subject to the lending limitations of such Code section.
(2) Become the owner and lessor of certain public real property and facilItJ.es. A bank may purchase or construct a municipal building, school building, or other similar state, local, or other governmental authority facility if, as holder of legal title, such purchase is for the purpose of leasing the facility to a municipality or other public or governmental authority which has the authority to enter into such lease, is authorized to levy taxes or is backed by the taxing authority of another political subdivision, and

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has the resources sufficient to make lease payments as they come due. The lease agreement must provide that the lessee will become the owner of the building or facility upon the expiration of the lease."

SECTION 6.

Said chapter is further amended by striking subsection (d) of Code Section 71-285, relating to limits on obligations of one person or corporation, and inserting in lieu thereof two new subsections to read as follows:

"(d) In lieu of following the limitations contained in subsections (a) through (c) of this Code section, a bank may petition the department for approval to utilize limits applicable to national banks regarding obligations of a single person or corporation.

(e) The department may, by regulation not inconsistent with this Code section, prescribe definitions of and requirements for transactions included in or excluded from the indebtedness to which this Code section applies. The department may also by regulation prescribe less restrictive limitations than those listed in subsections (a) through (c) of this Code section for banks meeting certain financial and management criteria. In addition, the department may, by regulation or otherwise, specify that the liabilities of a group of one or more persons or corporations or both shall be considered as owed by one person or corporation for the purposes of this Code section because the group relies substantially on a common source for the payment of its obligations or makes common use of funds received by it."
SECTION 7.

Said chapter is further amended by striking subsection (d) of Code Section 71-286, relating to real estate loans, and inserting in lieu thereof a new subsection to read as follows:

"(d) Notwithstanding any other provisions of this chapter and otherwise subject to regulations of the department, a bank or trust company may acquire, directly or indirectly, an ownership interest in real estate incidental to the financing of the purchase, development, or improvement of such real estate, provided:

(1) The amount of such ownership interest shall not exceed 25 percent of the appraised value of the real estate;

(2) The amount of such ownership interest when aggregated with the amount financed shall not exceed the limitations prescribed by this Code section and Code Section 7-1-285;

(3) The ownership interest shall be terminated upon substantial repayment of the financing in the manner prescribed in Code Section 7-1-263, relating to the divestiture of real estate interest; and

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(4) Any time real estate owned by a bank or trust company pursuant to this subsection is held or disposed of pursuant to the provisions of Code Section 7-1-263, said action to hold or dispose shall be reported in writing annually to the stockholders. Said report shall include disclosure of any real estate acquired by foreclosure or the taking by a deed in lieu of foreclosure and the name or names of the corporation or individuals from whom title was taken."
SECTION 8.
Said chapter is further amended by striking subsection (c) of Code Section 7-1288, relating to transactions by banks in corporate stock and securities, and inserting in lieu thereof two new subsections to read as follows:
"(c) Notwithstanding any other provisions of law to the contrary, a bank may acquire and hold for its own account:
(1) Shares of stock of a federal reserve bank without limitation of amount;
(2) Shares of stock of:
(A) Any state or federal government sponsored instrumentality for the guarantee, underwriting, or marketing of residential housing or financing of residential housing;
(B) A business development corporation or small minority business development corporation authorized under Article 6 of this chapter;
(C) An agricultural credit corporation duly organized under the laws of this state having authority to make loans to farmers of this state for agricultural purposes under programs administered by the federal farm credit system;
(D) A bank service corporation created to provide support services for one or more financial institutions;
(E) (i) A bank principally engaged in foreign or international banking or banking in a dependency or insular possession of the United States, either directly or through the agency, ownership, or control of local institutions in foreign countries or in such dependencies or insular possessions, including the stock of one or more corporations existing pursuant to Section 25(a) of the Federal Reserve Act, provided that, before a bank may purchase a majority interest in any such banking institution, it shall enter into an agreement with the department to restrict its operations in such manner as the department may prescribe; and provided, further, that, if the department determines that said restrictions have not been complied with, it may order the disposition of said stock upon reasonable notice.

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(ii) A bank engaged in providing banking or other financial services to depository financial institutions, which bank's ownership consists primarily of such depository financial institutions;
(F) A corporation engaged in functions or activities that the bank or trust company is authorized to carry on, including, but not limited to: conducting a safe-deposit business; holding real estate; acting as a financial planner or investment adviser; offering of a full range of investment products; promoting and facilitating international trade and commerce; and exercising powers incidental to financial activities as provided in paragraph (11) of Code Section 7-1-261; in addition to functions or activities which include exercising powers granted by department regulations or exercising powers determined by the commissioner to be financial in nature or incidental to the provision of financial services, so long as these activities do not pose undue risk to the safety and soundness of the financial institution and are consistent with the objectives of this chapter as stated in Code Section 7-1-3; provided, however, unless the bank is exempt, nothing contained in this subparagraph shall relieve any such corporation from undertaking registration, licensing, or other qualification to engage in such functions or activities as may otherwise be required by law; and
(G) Other corporations created pursuant to act of Congress or pursuant to Chapter 3 of Title 14, known as the 'Georgia Nonprofit Corporation Code,' for the purpose of meeting the agricultural, housing, health, transit, educational, environmental, or similar needs where the department determines that investment therein by banks is in the public interest,
provided that the bank's investment in any such category of stock under this paragraph shall not exceed 10 percent of its statutory capital base, except that, in the case of stock acquired under subparagraph (F) of this paragraph, such investment shall not exceed the lesser of 10 percent of the total assets of the bank or 100 percent of the statutory capital base of the bank; and provided, further, that no acquisitions may be made pursuant to subparagraphs (D) through (G) of this paragraph without the prior approval of the department;
(3) Shares of stock of small business investment companies organized under acts of Congress and doing business in this state, provided that the aggregate investment by the bank in such shares shall not exceed 5 percent of its statutory capital base; and
(4) Shares of stock or partnership interests in a corporation or partnership the primary business of which, as determined by the department, is to promote the public welfare or community development by engaging in the development of low and moderate-income housing, job training and

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job placement programs, credit counseling, public education regarding financial matters, small business development, and other similar purposes. The ability to invest in such stock or partnership interests shall also be subject to such limitations and approval procedures as the department deems necessary in order to assure that such investments are not a safety and soundness concern.
(d) The department may by rule or regulation prescribe less restrictive investment limitations than those contained in this Code section for banks meeting certain financial and management criteria."
SECTION 9.
Said chapter is further amended by striking Code section 7-1480, relating to board of directors, and inserting in lieu thereof a new Code section to read as follows:
"7-1480.
(a} Administration of the business and affairs of a bank or trust company shall be the responsibility of a board of directors.
(b) Each director shall be a citizen of the United States and at least a majority of the directors shall:
(1) Reside in Georgia; or
(2) Reside within 40 miles of any banking location authorized to offer a complete banking or trust service.
(c) The residency requirements of subsection (b) of this Code section shall not apply to banks having branches in states other than Georgia provided the residency of directors is consistent with the banks articles of incorporation and bylaws.
(d) The department may waive or modify the requirements of subsection (b) of this Code section with respect to special purpose banks organized pursuant to subsection (c) of Code Section 7-1-394.
(e) Notwithstanding other provisions of this Code section, directors who were legally qualified to serve on April 1, 1975, may continue to serve for such time as they are continuously members of the board of directors of ' their bank or trust company."
SECTION 10.
Said chapter is further amended by striking Code Section 7-1482, relating to the number, term, and compensation of directors, and inserting in lieu thereof a new Code section to read as follows:

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"7-1482.

(a) The articles or bylaws of any bank or trust company may fix the number of directors of its policy-making board at not less than five nor more than 25 and may provide that the board may, within such limitation, increase or decrease the number of directors by not more than two in any one year, provided that nothing in this subsection shall require a bank with a board of directors of less than five on July 1, 1972, to increase its board to five members.

(b) Except as otherwise provided in this chapter, each director shall be elected by the shareholders for a term of one year or for staggered terms as provided in Code Section 14-2-806, and shall serve until he or she resigns, is removed, or becomes disqualified or until his or her successor shall have been duly elected and qualified.

(c) Except as otherwise provided in the articles or bylaws, the board of directors may fix the compensation for directors; and a director may be a salaried officer of the bank or trust company.

(d) Notwithstanding the requirements of this Code section, the board of directors of a bank may appoint one or more nonpolicy-making regional boards of directors to consist of a number of persons to be determined by the board. The members of such regional boards may not set bank policy but may exercise certain powers, duties, and responsibilities as delegated by the board. Such regional board members shall have the same status as nonpolicy-making officers of the bank. All such delegations shall be documented in detail in the minutes of the board."

SECTION 11.

Said chapter is further amended by adding at the end of Code Section 7-1-530, relating to the authority to merge or consolidate, a new subsection to read as follows:

"(e) In the case of a merger of a Georgia state bank with another bank or banks, with the Georgia bank as the resulting bank, any assets or lines of business which accrue to the resulting bank which would not be allowed for a Georgia state bank shall be provided for in the plan of merger. Such plan shall include the proposal for disposal of such assets or the termination of such business or activity within a reasonable time as determined by the department but in no event longer than four years from the date of merger, unless special permission for the activity is given pursuant to Code Section 71-628.6."

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SECTION 12.

Said chapter is further amended by striking paragraph (5) of subsection (b) of Code Section 7-1-555, relating to the effect of issuing a certificate of conversion for a national bank to state bank or trust company conversion, and inserting in lieu thereof a new paragraph (5) to read as follows:

"(5) The bank or trust company shall have the authority to engage only in such business and exercise only such powers as are then permissible upon original incorporation under this chapter and shall be subject to the same prohibitions and limitations as it would then be subject to upon original incorporation; provided, however, that if the converting institution owns or holds assets or engages in any business that would not be allowed of a state bank, then the plan of conversion shall include a plan for disposal of such nonconforming assets or the termination of such business within a reasonable time but in no event longer than four years from the date of conversion. If such nonconforming assets exist in states outside of Georgia, Code Section 7-1-628.6 shall also apply, and the commissioner shall use his or her discretion in allowing the retention of such assets; and".

SECTION 13.

Said chapter is further amended by striking subsections (a) and (d) of Code Section 7-1-602, relating to bank offices and bank facilities, and inserting in lieu thereof new subsections to read as follows:

"(a) Application to establish a branch office shall be made to the department in such form as it may prescribe from time to time. The department shall exercise its discretion in its consideration of the application; but the department shall not approve the application until it has ascertained to its satisfaction that the public need and advantage will be promoted by the establishment of the proposed branch office, based upon the following factors:

(1) Reasonable opportunity for the proposed branch office to generate a sufficient profit;

(2) The character and fitness of the board of directors and management of the bank to command the confidence of the community and to warrant the belief that the business of the bank or trust company at the branch office will be honestly and efficiently conducted;

(3) The adequacy of the capital structure of the bank or trust company, particularly in view of the anticipated business to be generated by the proposed branch office; and

(4) The overall financial condition and safety and soundness of the applicant bank or trust company.

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Where the department by rule, regulation, or written policy has provided for expedited processing of applications or for notice procedures, it may abbreviate its review of these criteria."

"(d) The department may provide by regulation that a bank which meets certain financial and managerial criteria may, in lieu of application, file a written notification with the department at a time to be specified in such regulation. The department may waive publication requirements for such a procedure."

SECTION 14.

Said chapter is further amended by striking subsection (b) of Code Section 71-608, relating to unlawful acquisitions by bank holding companies and exceptions, and inserting in lieu thereof a new subsection to read as follows:

"(b) Notwithstanding the provisions of this Code section, the following activities are permitted. These activities regarding acquisitions by purchase and by formation are to be considered exceptions to the five-year age requirement contained in paragraph (2) of subsection (a) of this Code section:

(1) A bank holding company may acquire all or substantially all of the shares of a bank or trust company organized solely for the purpose of facilitating the acquisition of a federal or state chartered bank, savings and loan association, savings bank, building and loan association, or other corporation doing a banking business in this state or the trust department of such institutions, which has been in existence and continuously operating or incorporated as such an institution or exercising trust powers for the minimum period prescribed in subsection (a) of this Code section;

(2) A company may become a bank holding company by virtue of acquiring control of a bank if neither the company nor any other company controlled by or controlling such company controls any other bank domiciled in this state or elsewhere;

(3) A bank holding company registered with the department and lawfully owning a bank or a branch of a bank which was formed by the acquisition and subsequent merger of a Georgia bank, which bank or branch does a lawful banking business in this state, may acquire control through formation of a de novo bank in Georgia, provided that departmental approval and any required federal approvals are obtained. No out-of-state bank holding company may enter Georgia to do a banking business by formation of a de novo bank; and

(4) A de novo bank established or formed pursuant to paragraph (3) of this subsection shall be subject to the five-year age requirement contained in paragraph (2) of subsection (a) of this Code section. A bank holding

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company may, however, merge or consolidate a de novo bank which may be less than five years old and that is established pursuant to paragraph (3) of this subsection into another bank owned by that holding company."
SECTION 15.

Said chapter is further amended by striking paragraph (20) of Code Section 71-621, relating to definitions applicable to interstate acquisitions of banks and bank holding companies, and inserting in lieu thereof a new paragraph to read as follows:
"(20) 'Principal place of business' of a bank holding company means the state of charter in which the aggregate deposits of the bank subsidiaries of such bank holding company are largest."

SECTION 16.

Said chapter is further amended by striking paragraph (19) of Code Section 71-628.1, relating to definitions applicable to interstate banking and branching by merger, and inserting in lieu thereof a new paragraph to read as follows:

"(19) 'Principal place of business' of a bank holding company means the state of charter in which the aggregate deposits of the bank subsidiaries of such bank holding company are largest."
SECTION 17.

Said chapter is further amended by striking subsections (e) through (g) of Code Section 7-1-628.7, relating to examinations of and reports by branches established by interstate banking and branching by merger, and inserting in lieu thereof five new subsections to read as follows:
"(e) If appropriate in the discretion of the commissioner and pursuant to an interstate agreement with the pertinent host state regulator for the purpose of facilitating the regulation and supervision of a multistate Georgia state bank, the department may approve and collect from its chartered bank, as agent and home state regulator, examination and supervision fees assessed by a state where the Georgia bank has a branch and may remit such fees to the assessing out-of-state regulator. Such fees shall not be considered revenue payable to the State of Georgia.

(f) In order to facilitate or implement interstate efforts to regulate and supervise a multistate Georgia state bank, the department may adjust its normal supervision examination fee assessment schedule and other rates and charges. Such adjustment may include any examination and supervision fees assessed by host state regulators, pursuant to subsection (e) of this Code section, as a part of the standard supervision and examination assessment.

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(g) The commissioner may enter into joint examinations or joint enforcement actions with other bank supervisory agencies having concurrent jurisdiction over any branch in Georgia of an out-of-state state bank or any branch of a Georgia state bank in any host state, provided that the commissioner may at any time take such actions independently if he or she deems such actions to be necessary or appropriate to carry out his or her responsibilities under this part or to ensure compliance with the laws of this state, but provided further that, in the case of an out-of-state state bank, the commissioner shall recognize the exclusive authority of the home state regulator over corporate governance matters and the primary responsibility of the home state regulator with respect to safety and soundness matters.

(h) Each out-of-state bank that maintains one or more branches in this state may be assessed and, if assessed, shall pay supervisory and examination fees in accordance with the laws of this state and regulations of the department.

(i) Any examinations or reports originated by Georgia or by another bank supervisory agency shall be deemed and treated as confidential according to Georgia law, and such confidentiality shall not be affected by the sharing of the examination or reports. The department shall not be obligated to provide or disclose such examinations or reports to any third party."

SECTION 18.

Said chapter is further amended by adding at the end of Code Section 7-1-682, relating to qualifications and investments required of licensed sellers of checks or money orders, a new subsection to read as follows:

"(c) The department shall be authorized to obtain conviction data with respect to any applicant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant. Upon receipt of information from the Georgia Crime Information Center that is incomplete or that indicates an applicant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant has a criminal record in a state other than Georgia, the department shall submit to the Georgia Crime Information Center two complete sets of fingerprints of such applicant or such person, the required records search fees, and such other information as may be required. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check, or if there is no such finding. All conviction data received by the department shall be used by the department for the exclusive purpose

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of carrying out its responsibilities under this article, shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except to any person or agency which otherwise has a legal right to inspect the file. All such records shall be maintained by the department pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this subsection, 'conviction data' means a record of a finding, verdict, or 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."
SECTION 19.
Said chapter is further amended by striking subsection (c) of Code Section 7-1702, relating to background investigations of check casher applicants, and inserting in lieu thereof a new subsection to read as follows:
"(c) The department shall be authorized to obtain conviction data with respect to any applicant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant. Upon receipt of information from the Georgia Crime Information Center that is incomplete or that indicates an applicant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant has a criminal record in a state other than Georgia, the department shall submit to the Georgia Crime Information Center two complete sets of fingerprints of such applicant or such person, the required records search fees, and such other information as may be required. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notifY the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check, or if there is no such finding. All conviction data received by the department shall be used by the department for the exclusive purpose of carrying out its responsibilities under this article, shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except to any person or agency which otherwise has a legal right to inspect the file. All such records shall be maintained by the department pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this subsection, 'conviction data' means a record of a finding, verdict, or 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."

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SECTION 20.

Said chapter is further amended by adding at the end of Code Section 7-1-707, relating to suspension or revocation of a check-cashing license, a new subsection to read as follows:

"(e) (1) Whenever it shall appear to the department that any person required to be licensed or registered under this article has violated any law of this state or any order or regulation of the department, the department may issue an initial written order requiring such person to cease and desist immediately from such unauthorized practices. Such cease and desist order shall be final 20 days after it is issued unless the person to whom it is issued makes a written request within such 20 day period for a hearing. The hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' A cease and desist order to an unlicensed person that orders such person to cease doing a checkcashing business without the appropriate license shall be final 30 days from the date of issuance, and there shall be no opportunity for an administrative hearing. If the proper license or evidence of exemption is obtained within the 30 day period, the order shall be rescinded by the department.

(2) Whenever a person required to be licensed under this article shall fail to comply with the terms of an order of the department which has been properly issued under the circumstances, the department, upon notice of three days to such person, may, through the Attorney General, petition the principal court for an order directing such person to obey the order of the department within the period of time as shall be fixed by the court. Upon the filing of such petition, the court shall allow a motion to show cause why it should not be granted. Whenever, after a hearing upon the merits or after failure of such person to appear when ordered, it shall appear that the order of the department was properly issued, the court shall grant the petition of the department.

(3) Any person required to be licensed under this article who violates the terms of any order issued pursuant to this Code section shall be liable for a civil penalty not to exceed $1,000.00. Each day the violation continues shall constitute a separate offense. In determining the amount of penalty, the department shall take into account the appropriateness of the penalty relative to the size of the financial resources of such person, the good faith efforts of such person to comply with the order, the gravity of the violation, the history of previous violations by such person, and such other factors or circumstances as shall have contributed to the violation. The department may at its discretion compromise, modify, or refund any penalty which is subject to imposition or has been imposed pursuant to this Code section. Any person assessed as provided in this subsection shall

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have the right to request a hearing into the matter within ten days after notification of the assessment has been served upon the licensee involved; otherwise, such penalty shall be final except as to judicial review as provided in Code Section 7-1-90.
(4) Initial judicial review of the decision of the department entered pursuant to this Code section shall be available solely in the superior court of the county of domicile of the department.
(5) For purposes of this Code section, the term 'person' includes any officer, director, employee, agent, or other person participating in the conduct of the affairs of the person subject to the orders issued pursuant to this Code section.
(6) In addition to any other administrative penalties authorized by this article, the department may, by regulation, prescribe administrative fines for violations of this article and of any rules promulgated by the department pursuant to this article."
SECTION 21.
Said chapter is further amended by striking Code Section 7-1-709, relating to the applicability of the check-cashing article, and inserting in lieu thereof a new Code section to read as follows:

"7-1-709.
(a) This article shall not apply to any bank, trust company, credit union, building and loan association, or savings and loan association which is chartered under the laws of this state or under federal law and domiciled in this state.
(b) The provisions of Code Sections 7-1-701, 7-1-702, and 7-1-703, and of subsections (a) through (d) of Code Section 7-1-707 shall not apply to persons, partnerships, associations, or corporations engaged in the business of cashing checks, drafts, or money orders:
(1) Incidental to the retail sale of goods or services for a consideration of not more than 1 percent of the face amount of the check, draft, or money order or $1.00 per check, draft, or money order, whichever is greater, and where the aggregate gross income received by such person, partnership, association, or corporation as consideration for the cashing of checks does not exceed $25,000.00 per annum for each business location; or

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(2) Where the aggregate gross income received by such person, partnership, association, or corporation as consideration for the cashing of checks, drafts, or money orders does not exceed $12,000.00 by such person, partnership, association, or corporation during its most recently completed fiscal year.

In all other respects, such persons, partnerships, associations, or corporations shall be deemed to be licensees under this article.

(c) Persons, partnerships, associations, or corporations claiming exemption under paragraph (2) of subsection (b) of this Code section shall register with the department on or before August 1 of each year certifying as to the basis for such exemption. A single registration accompanied by a registration fee to be established by regulations of the department shall cover all locations operated by such person, partnership, association, or corporation."

SECTION 22.
Said chapter is further amended in Article 13, relating to licensing of mortgage lenders and mortgage brokers, by striking paragraph ( 15) of Code Section 7-1-1000, relating to definitions, and inserting in lieu thereof a new paragraph to read as follows:
"(15) 'Registrant' means any person required to register pursuant to Code Sections 7-1-1001 and 7-1-1003.2."
SECTION 23.

Said article is further amended by striking Code Section 7-1-1001, relating to exemptions and registration of exempt persons, and inserting in lieu thereof a new Code section to read as follows:
"7-1-1001.

The following persons shall not be required to obtain a mortgage broker or mortgage lender license and shall not be subject to the provisions of this article but may be subject to registration or notification requirements, unless otherwise provided by this article:

(1) Any lender authorized to engage in business as a bank, credit card bank, savings institution, building and loan association, or credit union under the laws of the United States, any state or territory of the United States, or the District of Columbia, the deposits of which are federally insured;

(2) Any wholly owned subsidiary of any lender described in paragraph (1) of this subsection; provided, however, such subsidiary shall be subject to the filing of a notification statement in order to facilitate the department's handling of consumer inquiries. Such requirements are contained in Code Section 7-1-1003.4. Any subsidiary which fails to file the notification

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statement or keep the information current will immediately be subject to the registration requirements of this article. In addition, any subsidiary that violates any applicable law of this article may be subject to a cease and desist order as provided for in Code Section 7-1-1018;
(2.1) Any wholly owned subsidiary of any bank holding company; provided, however, such subsidiary shall be subject to registration requirements in order to facilitate the department's handling of consumer inquiries. Such requirements are contained in Code Section 7-1-1003.3;
(3) An attorney at law licensed to practice law in Georgia who is not principally engaged in negotiating mortgage loans when such attorney renders services in the course of his or her practice as an attorney at law;
(4) A real estate broker or real estate salesperson not actively engaged in the business of negotiating mortgage loans; however, a real estate broker or real estate salesperson who receives any fee, commission, kickback, rebate, or other payment for directly or indirectly negotiating, placing, or finding a mortgage for others shall not be exempt from the provisions of this article;
(5) Any person performing any act relating to mortgage loans under order of any court;
(6) Any natural person or the estate of or trust created by a natural person making a mortgage loan with his or her own funds for his or her own investment, including those natural persons or the estates of or trusts created by such natural persons who make a purchase money mortgage for financing sales of their own property;
(7) The United States of America, the State of Georgia or any other state, and any agency, division, or corporate instrumentality of any governmental entity, including without limitation: the Georgia Housing and Finance Authority, the Georgia Development Authority, the Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC), the Government National Mortgage Association (GNMA), the United States Department of Housing and Urban Development (HUD), the Federal Housing Administration (FHA), the Department of Veterans Affairs (VA), the Farmers Home Administration (FmHA), and the Farm Credit Administration and its chartered agricultural credit associations;
(8) Any person who makes a mortgage loan to an employee of such person as an employment benefit;
(9) Any licensee under Chapter 3 of this title, the 'Georgia Industrial Loan Act,' provided that any mortgage loan made by such licensee is for $3,000.00 or less;

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(10) Nonprofit corporations making mortgage loans to promote home ownership or improvements for the disadvantaged;

(11) A natural person employed by a licensed mortgage broker, a licensed mortgage lender, or any person exempted from the licensing requirements of this article when acting within the scope of employment and under the supervision of the licensee or exempted person as an employee and not as an independent contractor. To be exempt, a natural person must be employed by only one such employer;

(12) Any person who purchases mortgage loans from a mortgage broker or mortgage lender solely as an investment and who is not in the business of brokering, making, purchasing, or servicing mortgage loans; or

(13) Any natural person who makes five or fewer mortgage loans in any one calendar year. A person other than a natural person who makes five or fewer mortgage loans in any one calendar year shall not be exempt from the licensing requirements of this article unless such person applies for and is granted an exemption by the department in accordance with regulations promulgated by the department."
SECTION 24.

Said article is further amended by striking subsections (a) and (b) of Code Section 7-1-1002, relating to transaction of a mortgage business without a license, registration, or exemption, and inserting in lieu thereof two new subsections to read as follows:

"(a) On and after July 1, 1993, it is prohibited for any person to transact business in this state directly or indirectly as a mortgage broker or a mortgage lender unless such person:

(1) Is licensed or registered as such by the department; or

(2) Is a person exempted from the licensing or registration requirements pursuant to Code Section 7-1-1001.

(b) On and after July 1, 1995, it is prohibited for any person, as defined in Code Section 7-1-1000, including a corporation but not including any natural person who purchases five or fewer mortgage loans in any one calendar year, knowingly to purchase, sell, or transfer one or more mortgage loans or loan applications from or to a mortgage broker or mortgage lender who is neither licensed nor exempt from the licensing or registration provisions of this article. Such a purchase shall not affect the obligation of the borrower under the terms of the mortgage loan. The department shall provide for distribution or availability of information regarding approved or revoked licenses."

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SECTION 25.

Said article is further amended by striking subsection (c) of Code Section 7-11003, relating to applications for mortgage licenses, and inserting in lieu thereof a new subsection to read as follows:

"(c) The application shall be filed together with:
(1) Investigation and supervision fees established by regulation. The investigation fee shall not be refundable; provided, however, any supervision fee paid at the time of the application shall be refunded if the license is not granted; and
(2) The items required by Code Section 7-1-1003.2."
SECTION 26.

Said article is further amended by inserting three new Code sections following Code Section 7-1-1003.1, relating to physical place of business, to read as follows:
"7-1-1003.2.

(a) Each licensed mortgage broker must provide the department with a bond. The bond for a mortgage broker shall be in the principal sum of $50,000.00 or such greater sum as the department may require. In lieu of a bond, a mortgage broker may provide the department with an audited financial statement that discloses that the broker has a bona fide and verifiable tangible net worth of $25,000.00. All other mortgage brokers must, upon initial application, submit an unaudited financial statement certified to be true and correct by the mortgage broker.
(b) Except as otherwise provided in subsection (c) of this Code section, the department shall not license or register any mortgage lender unless the applicant or registrant submits audited financial statements covering the most recent fiscal year preceding the date of the application or registration and such other financial data as the department may require that disclose that the applicant or registrant has a bona fide and verifiable tangible net worth of $250,000.00 or such greater amount as the department may reasonably require, which net worth must be continuously maintained as a condition of licensure or registration.

(c) The department may issue a mortgage lender's license to an applicant with a bona fide and verifiable tangible net worth of less than $250,000.00 but not less than $100,000.00, provided that such applicant satisfies the following requirements in support of an application for a mortgage lender's license in addition to all other applicable requirements for licensure under this article:

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(1) The applicant shall certify that such applicant transfers or assigns all mortgage loans funded with such applicant's own funds, including, but not limited to, draws on a warehouse line of credit to another mortgage lender prior to the due date of the first payment by the borrower but in no event later than 45 days after the date of funding; and

(2) The applicant shall submit the following to the department:
(A) Audited financial statements covering the applicant's most recent fiscal year preceding the date of the application and such other financial data as the department may require that disclose that the applicant has a bona fide and verifiable tangible net worth of $100,000.00 or such greater amount as the department may reasonably require;

(B) A corporate surety bond in the principal amount of $100,000.00, which bond shall be in a form satisfactory to the department, shall be issued by a bonding company or insurance company authorized to do business in this state and approved by the department, and shall run to the State of Georgia for the benefit of any person damaged by noncompliance of a licensee with any condition of such bond. Such bond shall be continuously maintained thereafter in full force. Such bond shall be conditioned upon the applicant or the licensee conducting his or her licensed business in conformity with this article and all applicable laws; and

(C) Evidence of having received approval to participate as a mortgagee loan correspondent in the mortgage insurance programs administered by the United States Department of Housing and Urban Development.

(d) An irrevocable letter of credit from a federally insured financial institution in form and terms acceptable and payable to the department may be substituted for the bond requirement for a mortgage broker or mortgage lender license.

(e) Any person who may be damaged by noncompliance of a licensee with any condition of a bond may proceed on such bond against the principal or surety thereon, or both, to recover damages.

(f) The department may promulgate rules and regulations with respect to the definition of net worth and the requirement for maintaining net worth as a condition of licensure or registration.

7-1-1003.3.

(a) An application to register as a mortgage lender or broker under this article shall be made in writing, under oath, on a form provided by the department and shall be renewed each year by April 1.

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(b) The application shall include all of the items requested of applicants for licenses in Code Section 7-1-1003.

7-1-1003.4. (a) A notification statement shall contain the following:

(1) The name or names under which business will be conducted in Georgia;
(2) The name and address of the parent financial institution;

(3) The name, mailing address, telephone number, and fax number of the person or persons responsible for handling consumer inquiries and complaints;

(4) The name and address of the registered agent for service of process in Georgia; and

(5) A statement signed by the president or chief executive officer of the entity stating that the entity will receive and process consumer inqumes and complaints promptly, fairly, and in compliance with all applicable laws.
(b) A notification statement shall be filed before commencing to do a mortgage business in this state and shall be updated by the entity as the information changes. Any entity which fails to file the notification statement or keep the information current will immediately be subject to the registration requirements of Code Section 7-1-1003.3."
SECTION 27.

Said article is further amended by striking Code Section 7-1-1004, relating to investigation of a mortgage license applicant, and inserting in lieu thereof a new Code section to read as follows:

"7-1-1004.

(a) Upon receipt of an application for license, the department shall conduct such investigation as it deems necessary to determine that the applicant and its officers, directors, and principals are of good character and ethical reputation; that the applicant demonstrates reasonable financial responsibility; that the applicant has reasonable policies and procedures to receive and process customer grievances and inquiries promptly and fairly; and that the applicant has and maintains a registered agent for service in this state.

(b) The department shall not license any applicant unless it is satisfied that the applicant may be expected to operate its mortgage lending or brokerage activities in compliance with the laws of this state and in a manner which protects the contractual and property rights of the citizens of this state.

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(c) The department may establish by rule or regulation minimum education or experience requirements for an applicant for a mortgage broker license or renewal of such a license.
(d) The department may not issue or may revoke a license if it finds that the applicant, or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant, has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime which, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty, or such decision, judgment, or verdict, shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the Governor or other pardoning authority in the jurisdiction where the conviction was had or shall have received an official certification or pardon granted by the State Board of Pardons and Paroles which removes the legal disabilities resulting from such conviction and restores civil and political rights in this state.

(e) The department shall be authorized to obtain conviction data with respect to any applicant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant. Upon receipt of information from the Georgia Crime Information Center that is incomplete or that indicates an applicant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant has a criminal record in any state other than Georgia, the department shall submit to the Georgia Crime Information Center two complete sets of fingerprints of such applicant or such person, the required records search fees, and such other information as may be required. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notifY the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check, or if there is no such finding. All conviction data received by the department shall be used by the department for the exclusive purpose of carrying out the responsibilities of this article, shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency

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except to any person or agency which otherwise has a legal right to inspect the file. All such records shall be maintained by the department pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this subsection, 'conviction data' means a record of a finding, 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.
(f) The department may deny a license or otherwise restrict a license if it finds that the applicant or any person who is a director, officer, partner, agent, or ultimate equitable owner of 10 percent or more of the applicant has had a license denied, revoked, or suspended within one year of the date of the application.
(g) The department shall not issue a license to and may revoke a license from an applicant or licensee if such person employs any other person against whom a final cease and desist order has been issued within the preceding 12 months, if such order was based on a violation of Code Section 71-1013 or based on the conducting of a mortgage business without a required license, or whose license has been revoked within 12 months of the date such person was hired.
(h) Within 90 days after receipt of a completed application and payment of licensing fees prescribed by this article, the department shall either grant or deny the request for license.
(i) A person shall not be indemnified for any act covered by this article or for any fine or penalty incurred pursuant to this article as a result of any violation of the law or regulations contained in this article, due to the legal form, corporate structure, or choice of organization of such person, including but not limited to a limited liability corporation."
SECTION 28.
Said article is further amended by striking Code Section 7-1-1005, relating to renewal of mortgage licenses and registrations, and inserting in lieu thereof a new Code section to read as follows:
"7-1-1005.
(a) Except as otherwise specifically provided in this article, all licenses and registrations issued pursuant to this article shall expire on June 30 of each year and application for renewal shall be made annually on or before April 1 of each year; provided, however, that licenses and registrations issued for the calendar year 2000 will expire on June 30, 2001.
(b) Any licensee or registrant making proper application, including all supporting documents and all applicable fees required by this article and any regulations promulgated by the department, for a license or registration re-

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newal to operate during the following license year and filing the application prior to April 1 shall be permitted to continue to operate pending final approval or disapproval of the application for the license or registration renewal for the following year if final approval or disapproval is not granted prior to July 1.

(c) No investigation fee shall be payable in connection with the renewal application, but an annual license or registration fee established by regulation of the department to defray the cost of supervision shall be paid with each renewal application, which fee shall not be refunded or prorated if the renewal application is approved.

(d) Any person holding a license or registration pursuant to this article who fails to file a proper application for a license or registration renewal for the following license year, including the proper fee accompanying the application, on or before April 1 and who files an application after April 1 may be required to pay, in addition to the license or registration fees, a fine in an amount to be established by regulations promulgated by the department."

SECTION 29.

Said article is further amended by striking Code Section 7-1-1006, relating to the contents, posting, and transference of a license and operating additional offices, and inserting in lieu thereof a new Code section to read as follows:

"7-1-1006.

(a) Each license issued under this article shall state the name of the licensee.

(b) A licensee shall post a copy of such license m a conspicuous place in each place of business of the licensee.

(c) A license may not be transferred or assigned.

(d) No licensee shall transact business under any name other than that designated in the license.

(e) Each licensee shall notifY the department in writing of any change in the address of the principal place of business or of any additional location of business in Georgia, any change in registered agent or registered office, any change of principal officer, director, contact person for consumer complaints, or ultimate equitable owner of 10 percent or more of any corporation or other entity licensed under this article, or of any material change in the licensee's financial statement. Notice of a change in address or an addition of a new location shall be submitted no later than 15 days before the change is made. Notice of other changes must be received by the department no later than 30 business days after the change is effective.

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(f) No licensee shall open an additional office in Georgia without prior approval of the department. Applications for such additional office shall be made in writing on a form prescribed by the department and shall be accompanied by payment of a $350.00 nonrefundable application fee. The application shall be approved unless the department finds that the applicant has not conducted business under this article efficiently, fairly, in the public interest, and in accordance with law. The application shall be deemed approved if notice to the contrary has not been mailed by the department to the applicant within 30 days of the date the application is received by the department. Mter approval, the applicant shall give written notice to the department within ten days of the commencement of business at the additional office.
(g) All branch managers in Georgia must be approved by the department. A licensee may place a new branch manager subject to the department's approval but must file for approval within 15 days of the placement and must remove the person immediately should the department deny approval."

SECTION 30.
Said article is further amended by striking subsection (b) of Code Section 7-11009, relating to maintenance of books, accounts, and records and investigation of licensees and registrants by the department, and inserting in lieu thereof a new subsection to read as follows:
"(b) The department may, by its designated officers and employees, as often as it deems necessary, but at least once every 24 months, investigate and examine the affairs, business, premises, and records of any person required to be licensed or registered under this article insofar as such affairs, business, premises, and records pertain to any business for which a license or registration is required by this article. Notwithstanding the provisions of this subsection, the department has the discretion to examine a person less frequently, provided that its record of complaints, comments, or other information demonstrates that person's ability to meet the standards of Code Sections 7-1-1003, 7-1-1003.2, and 7-1-1004. In the case of registrants, the department shall not be required to conduct such examinations if it determines that the registrant has been adequately examined by another bank regulatory agency. In order to avoid unnecessary duplication of examinations, the department may accept examination reports performed and produced by other state or federal agencies, unless the department determines that the examinations are not available or do not provide information necessary to fulfill the responsibilities of the department under this article."

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SECTION 31.

Said article is further amended by striking Code Section 7-1-1010, relating to annual reports and financial statements, and inserting in lieu thereof a new Code section to read as follows:

"7-1-1010.

(a) Each mortgage broker licensed or registered under this article shall submit to the department initially an unaudited financial statement certified to be true and correct by the mortgage broker; provided, however, that if the mortgage broker is using its net worth and not a surety bond or letter of credit to meet the requirements for licensure in Code Section 7-1-1003.2, the mortgage broker shall submit to the department with the initial application for licensure and with any renewal applications an audited financial statement. The department may require the mortgage broker to have made an audit of the books and affairs of the licensed or registered 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) Each mortgage lender licensed or registered under this article shall at least once each year have made an audit of the books and affairs of the licensed or registered business and submit to the department at renewal an audited financial statement, except that a mortgage lender licensed or registered under this article which is a subsidiary shall comply with this provision by annually providing a consolidated audited financial statement of its parent company and a financial statement, which may be unaudited, of the licensee or registrant which is prepared in accordance with generally accepted accounting principles. An audit must be less than 15 months old to be acceptable. The department may by regulation establish additional minimum standards for audits and reports under this Code section."

SECTION 32.

Said article is further amended by striking Code Section 7-1-1013, relating to prohibition of certain acts, and inserting in lieu thereof a new Code section to read as follows:

"7-1-1013.

It is prohibited for any person transacting a mortgage business in or from this state, including any person required to be licensed or registered under this article and any person exempted from the licensing or registration requirements of this article under Code Section 7-1-1001, to:

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(1) Misrepresent the material facts or make false statements or promises
a likely to influence, persuade, or induce an applicant for a mortgage loan,
a mortgagee, or a mortgagor to take mortgage loan, or pursue a course of misrepresentation to the department or anyone through agents or otherwise;
(2) Misrepresent or conceal or cause another to misrepresent or conceal material factors, terms, or conditions of a transaction to which a mortgage lender or broker is a party, pertinent to an applicant or application for a mortgage loan or a mortgagor;

(3) Fail to disburse funds in accordance with a written commitment or agreement to make a mortgage loan;

(4) Improperly refuse to issue a satisfaction of a mortgage loan;

(5) Fail to account for or deliver to any person any personal property obtained in connection with a mortgage loan such as money, funds, deposit, check, draft, mortgage, or other document or thing of value which has come into the possession of the mortgage lender or broker and which is not the property of the mortgage lender or broker, or which the mortgage lender or broker is not in law or at equity entitled to retain;

(6) Engage in any transaction, practice, or course of business which is not in good faith or fair dealing, or which operates a fraud upon any person, in connection with the attempted or actual making of, purchase of, or sale of any mortgage loan;
(7) Engage in any fraudulent home mortgage underwriting practices;

(8) Induce, require, or otherwise permit the applicant for a mortgage loan or mortgagor to sign a security deed, note, loan application, or other pertinent financial disclosure documents with any blank spaces to be filled in after it has been signed, except blank spaces relating to recording or other incidental information not available at the time of signing;

(9) Make, directly or indirectly, any residential mortgage loan with the intent to foreclose on the borrower's property. For purposes of this paragraph, there is a presumption that a person has made a residential mortgage loan with the intent to foreclose on the borrower's property if the following circumstances can be demonstrated:
(A) Lack of substantial benefit to the borrower;
(B) Lack of probability of full payment of the loan by the borrower; and

(C) A significant proportion of similarly foreclosed loans by such person;

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(10) Provide an extension of credit or collect a mortgage debt by extortionate means; or

(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 during the course of an examination or on any application or renewal form sent to the department."

SECTION 33.

Said article is further amended by striking subsection (a) of Code Section 7-l1018, relating to cease and desist orders, and inserting in lieu thereof a new subsection to read as follows:

"(a) Whenever it shall appear to the department that any person required to be licensed, registered, or required to file a notification statement under this article or any person employed by a licensee or registrant pursuant to Code Section 7-1-1001 has violated any law of this state or any order or regulation of the department, the department may issue an initial written order requiring such person to cease and desist immediately from such unauthorized practices. Such cease and desist order shall be final 20 days after it is issued unless the person to whom it is issued makes a written request within such 20 day period for a hearing. The hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' A cease and desist order to an unlicensed person that orders them to cease doing a mortgage business without the appropriate license shall be final 30 days from the date of issuance, and there shall be no opportunity for an administrative hearing. If the proper license or evidence of exemption or valid employment status is obtained within the 30 day period, the order shall be rescinded by the department. In the case of an unlawful purchase of mortgage loans, such initial cease and desist order to a purchaser shall constitute the knowledge required under subsection (b) of Code Section 7-11002 for any subsequent violations."

SECTION 34.

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

SECTION 35. All laws and parts of laws in conflict with this Act are repealed.

Approved March 24, 2000.

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COURTS - SUPERIOR COURTS; ADDITIONAL JUDGES FOR CERTAIN CIRCUITS.

Code Section 15-6-2 Amended. No. 481 (House Bill No. 1425).

AN ACT

To amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts, so as to provide for additional judges of the Atlanta Judicial Circuit, the Bell-Forsyth Judicial Circuit, the Chattahoochee Judicial Circuit, the Cobb Judicial Circuit, the Tallapoosa Judicial Circuit, and the Towaliga Judicial Circuit; to provide for the initial appointment of the new judges and subsequent election of successors to the new judges; to provide for terms of office and powers, duties, dignity, jurisdiction, privileges, and immunities; to provide for senior judges and chief judges and their powers and duties; to provide for employment of personnel; to provide for construction; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I

SECTION 1.

Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts, is amended in Code Section 15-6-2, relating to the number of judges, by striking in their entirety paragraphs (3), (5.1), (8), (11), (38), and (40.1) and inserting in their place the following:
"(3) Atlanta Circuit... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18"

"(5.1) Bell-Forsyth Circuit.......................................... 2"

"(8) Chattahoochee Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6"

"( 11) Cobb Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9"

"(38) Tallapoosa Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4"

"(40.1) Towaliga Circuit............................................ 2"

PART II

SECTION 2.

One new judge of the superior court is added to the Atlanta Circuit, increasing to 18 the number of judges of such circuit.

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SECTION 3.

The initial new judge appointed pursuant to this Act shall be appointed by the Governor for a term beginning July 1, 2000, and expiring December 31, 2002, and until a successor is elected and qualified. A successor to the initial judge shall be elected in the manner provided by law for the election of judges in the superior courts of this state at the general election in November, 2002, for a term of four years beginning on January 1, 2003, and until the election and qualification of a successor. Future successors shall be elected at the general elections every four years thereafter for terms of four years and until their successors are elected and qualified and shall take office of the first day of January following their election.

SECTION 4.

The new judge initially appointed and subsequently elected pursuant to this Act shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior court. The new judge is authorized to employ court personnel on the same basis as other judges of the Atlanta Judicial Circuit.

SECTION 5.

Except as expressly stated, this Act shall not be construed to alter or repeal any provision of any local Act relating to the Atlanta 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 6.

The compensation, salary, and contingent expense allowance of said additional judge shall be the same as that of the other judges of the superior court of the Atlanta Judicial Circuit. Any salary supplements heretofore enacted by the county of said circuit shall also be applicable to the additional judge provided for in this Act.

PART III

SECTION 7.

One new judge of the superior court is added to the Bell-Forsyth Judicial Circuit, increasing to two the number of judges of such circuit.

SECTION 8.

The initial new judge appointed pursuant to this Act shall be appointed by the Governor for a term beginning July 1, 2000, and expiring December 31, 2002, and until a successor is elected and qualified. A successor to the initial judge shall be elected in the manner provided by law for the election of judges in

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the superior courts of this state at the general election in November, 2002, for a term of four years beginning on January 1, 2003, and until the election and qualification of a successor. Future successors shall be elected at the general elections every four years thereafter for terms of four years and until their successors are elected and qualified and shall take office of the first day of January following their election.

SECTION 9.

The new judge initially appointed and subsequently elected pursuant to this Act shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior court. The new judge is authorized to employ court personnel on the same basis as other judges of the Bell-Forsyth Judicial Circuit.

SECTION 10.

Except as expressly stated, this Act shall not be construed to alter or repeal any provision of any local Act relating to the Bell-Forsyth 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.

PART IV

SECTION 11.

A new judge of the superior court is added to the Chattahoochee Judicial Circuit, thereby increasing to six the number of judges of said circuit.

SECTION 12.

The initial judge appointed as provided by this Act shall be appointed by the Governor for a term beginning July 1, 2000, and expiring December 31, 2002, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 2002, for a term of four years beginning on January 1, 2003, and until the election and qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state.

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SECTION 13.

Said additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the superior court of said circuit may preside over any case therein and perform any official act as judge thereof.

SECTION 14.

The compensation, salary, and contingent expense allowance of said additional judge shall be the same as that of the other judges of the superior court of the Chattahoochee Judicial Circuit. Any salary supplements paid by the county of said circuit shall also be applicable to the additional judge provided for in this Act.

SECTION 15.

The judges of said circuit are authorized to adopt, promulgate, amend, and enforce such rules of practice and procedure as are consistent with the Constitution and laws of this state as they deem suitable and proper for the effective transaction of the business of the superior courts of said circuit.

SECTION 16.

The judges of said circuit in transacting the business of the superior courts of said circuit and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each of them. In the event of disagreement between said judges in respect to the aforesaid, the decision of the senior judge in point of continuous service as superior court judge shall be controlling. In the event that none of said judges shall be senior in point of continuous service as superior court judge, the judge who was first admitted to the State Bar of Georgia shall be considered the senior judge.

SECTION 17.

The judge of said circuit who is senior in point of continuous service as superior court judge shall be the chief judge of said circuit. In the event that none of said judges shall be senior in point of continuous service as superior court judge, the judge who was first admitted to the State Bar of Georgia shall be chief judge.

PARTV

SECTION 18.

A new judge of the superior court is added to the Cobb Judicial Circuit, thereby increasing to nine the number of judges of said circuit.

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SECTION 19.

The initial judge appointed as provided by this Act shall be appointed by the Governor for a term beginning July 1, 2000, and expiring December 31, 2002, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 2002, for a term of four years beginning on January 1, 2003, and until the election and qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state.

SECTION 20.

Said additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the superior court of said circuit may preside over any case therein and perform any official act as judge thereof.

SECTION 21.

The compensation, salary, and contingent expense allowance of said additional judge shall be the same as that of the other judges of the superior court of the Cobb Judicial Circuit. Any salary supplements paid by the county of said circuit shall also be applicable to the additional judge provided for in this Act.

SECTION 22.

Except as expressly stated, this Act shall not be construed to alter or repeal any provision of any local Act relating to the Cobb Judicial Circuit.

PART VI

SECTION 23.

A new judge of the superior court is added to the Tallapoosa Judicial Circuit, thereby increasing to four the number of judges of said circuit.

SECTION 24.

The initial judge appointed as provided by this Act shall be appointed by the Governor for a term beginning July 1, 2000, and expiring December 31, 2002, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 2002, for a term of four years beginning on January 1, 2003, and until the election and qualification of a successor. Future successors shall be elected at the general

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election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state.

SECTION 25.

Said additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the superior court of said circuit may preside over any case therein and perform any official act as judge thereof.

SECTION 26.

The qualifications of the additional judge authorized by this Act, and of the successors to such additional judge, shall be as provided by law for judges of the superior courts.

SECTION 27.

The compensation, salary, and contingent expense allowance of said additional judge shall be the same as that of the other judges of the superior court of the Tallapoosa Judicial Circuit. Any salary supplements paid by the counties of said circuit shall also be applicable to the additional judge provided for in this Act. The judges of said circuit are authorized to employ an additional court reporter for the circuit, whose compensation shall be as now or hereafter provided by law.

SECTION 28.

This Act shall not be construed to repeal or supersede current provlSlons of law applicable to the Tallapoosa Judicial Circuit not inconsistent with this Act.

PART VII

SECTION 29.

A new judge of the superior court is added to the Towaliga Judicial Circuit, thereby increasing to two the number of judges of said circuit.

SECTION 30.

The initial judge appointed as provided by this Act shall be appointed by the Governor for a term beginning July 1, 2000, and expiring December 31, 2002, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 2002, for a term of four years beginning on January 1, 2003, and until the election and qualification of a successor. Future successors shall be elected at the general

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election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state.
SECTION 31.

Said additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the superior court of said circuit may preside over any case therein and perform any official act as judge thereof.

SECTION 32.

The compensation, salary, and contingent expense allowance of said additional judge shall be the same as that of the other judges of the superior court of the Towaliga Judicial Circuit. Any salary supplements paid by the county of said circuit shall also be applicable to the additional judge provided for in this Act.

PART VIII

SECTION 33.

(a) Notwithstanding the provisions of Code Section 1-3-4.1, the provisions of this Act relating to appointment of the additional judges shall become effective upon the signature of the Governor or upon becoming law without such signature.
(b) Notwithstanding the provisions of Code Section 1-3-4.1, all other provisions of this Act shall become effective July 1, 2000.

SECTION 34.

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

Approved March 27, 2000.

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CIVIL PRACTICE - LIMITATION PERIODS; CERTAIN ACTIONS RELATING TO SYNTHETIC EXTERIOR SIDING.

Code Section 9-3-30 Amended.

No. 482 (House Bill No. 837). AN ACT

To amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, so as to provide when the cause of action for certain specified damage to a dwelling accrues; to provide for periods of limitation; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, is amended by striking in its entirety Code Section 9-3-30, relating to trespass upon or damage to realty, and inserting in its place the following:
"9-3-30.

(a) All actions for trespass upon or damage to realty shall be brought within four years after the right of action accrues.

(b) (1) The causes of action specified in Code Section 51-1-11 and subsection (a) of Code Section 9-3-51 for recovery of damages to a dwelling due to the manufacture of or the negligent design or installation of synthetic exterior siding shall accrue when the damage to the dwelling is discovered or, in the exercise of reasonable diligence, should have been discovered, whichever first occurs. In any event, such cause of action shall be brought within the time limits provided in Code Sections 51-1-11 and 9-3-51, respectively.

(2) This subsection shall apply to causes of action which had not expired under the former law before the effective date of this subsection. This subsection shall not revive any cause of action which was barred by former law before the effective date of this subsection."

SECTION 2.

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

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SECTION 3.

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

Approved March 28, 2000.

CONSERVATION AND NATURAL RESOURCES- COMMERCIAL ANALYTICAL LABORATORIES SUBMITTING REGULATORY DATA;
REGULATIONS.
Code Section 12-2-9 Amended.
No. 483 (House Bill No. 1376).
AN ACT
To amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Natural Resources, so as to provide that the rules and regulations of the Environmental Protection Division applicable to accreditation of commercial analytical laboratories submitting regulatory data shall become effective on or after July 1, 2001; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Natural Resources, is amended by striking in its entirety Code Section 12-2-9, relating to accreditation of commercial analytical laboratories submitting regulatory data, and inserting in lieu thereof a new Code Section 12-2-9 to read as follows:
"12-2-9.
All commercial analytical laboratories submitting data for regulatory purposes shall be accredited or approved as specified in the Environmental Protection Division's rules and regulations. Such regulations shall provide for procedures, identification of accrediting organizations, reciprocity, and an effective date which allows a phase-in period; provided, however, that the effective date of such rules and regulations shall be on or after July 1, 2001."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 3.

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

Approved March 28, 2000.

REVENUE AND TAXATION- EXCISE TAXES ON ROOMS, LODGINGS, AND ACCOMMODATIONS; LEVY AND COLLECTION;
EXPENDITURES.
Code Section 48-13-51 Amended.
No. 484 (House Bill No. 1375).
AN ACT
To amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, is amended by striking paragraphs ( 1) and (2) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of such excise tax, and inserting in their place new paragraphs (1) and (2) to read as follows:
"(a) (1)(A) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity li-

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censed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. The provisions of this Code section shall control over the provisions of any local ordinance or resolution to the contrary enacted pursuant to Code Section 48-13-53 and in effect prior to July 1, 1998. Any such ordinance shall not be deemed repealed by this Code section but shall be administered in conformity with this Code section.

(B) (i) The excise tax shall be imposed on any person or legal entity licensed by or required to pay a business or occupation tax to the governing authority imposing the tax for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value and shall apply to the furnishing for value of any room, lodging, or accommodation. Every person or entity subject to a tax levied as provided in this Code section shall, except as provided in this Code section, be liable for the tax at the applicable rate on the lodging charges actually collected or, if the amount of taxes collected from the hotel or motel guest is in excess of the total amount that should have been collected, the total amount actually collected must be remitted.

(ii) Any tax levied as provided in this Code section is also imposed upon every person or entity who is a hotel or motel guest and who receives a room, lodging, or accommodation that is subject to the tax levied under this Code section. Every such guest subject to the tax levied under this Code section shall pay the tax to the person or entity providing the room, lodging, or accommodation. The tax shall be a debt of the person obtaining the room, lodging, or accommodation to the person or entity providing such room, lodging, or accommodation until it is paid and shall be recoverable at law by the person or entity providing such room, lodging, or accommodation in the same manner as authorized for the recovery of other debts. The person or entity collecting the tax from the hotel or motel guest shall remit the tax to the governing authority imposing the tax, and the tax remitted shall be a credit against the tax imposed by division (i) of this subparagraph on the person or entity providing the room, lodging, or accommodation.

(C) The tax authorized by this Code section shall not apply to charges made for any rooms, lodgings, or accommodations provided to any persons who certify that they are staying in such room, lodging, or accommodation as a result of the destruction of their home or residence by fire or other casualty. The tax authorized by this Code section shall ap-

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ply to the fees or charges for any rooms, lodgings, or accommodations during the first ten days of continuous occupancy and shall not apply to charges imposed for any continuous occupancy thereafter. The tax authorized by this Code section shall not apply to charges made for the use of meeting rooms and other such facilities or to any rooms, lodgings, or accommodations provided without charge. The tax authorized by this Code section shall not apply to the charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local governmental officials or employees when traveling on official business.

(D) Except as provided in paragraphs (3), (3.1), (3.2), (3.3), (3.5), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), and (5.2) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings.

(2) A county or municipality levying a tax as provided in paragraph (1) of this subsection shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (3), (3.1), (3.2), (3.3), (3.5), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), and (5.2) of this subsection; and in such case the expenditure requirements of such paragraph of this subsection pursuant to which such tax is levied shall apply instead."

SECTION 2.

Said article is further amended by striking paragraph (3.4) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, which reads as follows:

"(3.4) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and municipalities within a county in which community auditorium or theater facilities owned and operated by the municipality have

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been renovated which renovations are completed substantially on or before July 1, 1995, and which county and municipalities have not previously levied a 6 percent tax under paragraph (4) of this subsection may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3.4)) an amount equal to 33 1/3 percent of the total taxes collected under this subparagraph for the purpose of promoting tourism, conventions, and trade shows under a contract with a private sector nonprofit organization defined in subparagraph (A) of paragraph (8) of this subsection. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph (3.4)) an amount equal to 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of either marketing or operating community auditorium or theater facilities or community convention or trade center of which the theater or auditorium is a part. Marketing and operating expenditures may include a preopening marketing program for such facilities and an escrow account accrued prior to opening such facilities to cover operating expenses to be incurred after the opening of such facilities.",

and inserting in its place a new paragraph (3.4) to read as follows: "(3.4) Reserved." SECTION 3.

Said article is further amended by striking paragraph (3.6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, which reads as follows:
"(3.6) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and municipalities within a county in which an attraction honoring the inventor of the cotton gin is planned, owned, or operated by the municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3.6)) an amount equal to 83 1/3 percent of the total taxes collected at the rate of 6 percent for the purpose of promoting tourism, conventions, and trade shows; and an amount equal to 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of constructing, marketing, or operating an attraction honoring the inventor of the cotton gin. Marketing and operating expenditures may include a pre-

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opening marketing program for such facility and an escrow account accrued prior to opening such facility to cover operating expenses to be incurred after the opening of such facility.",

and inserting in its place a new paragraph (3.6) to read as follows:

"(3.6) Reserved."

SECTION 4.

Said article is further amended by striking paragraph (4) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in its place a new paragraph (4) to read as follows:
"(4) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 43 1/3 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; (E) supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and such facility was substantially completed and in operation prior to December 31, 1993; or (F) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful man-

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ner. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph (4) shall further expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 1 percent of the total taxes collected at the rate of 6 percent for the purpose of supporting a museum of aviation and aviation hall of fame or an amount equal to at least 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of construction or expansion of either: (A) a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (B) a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if such support is provided to a governmental entity with which the county or municipality levying the tax had in effect on January 1, 1987, a contractual agreement concerning governmental support of a convention and trade show facility; (C) a facility owned or operated for convention and trade show purposes, visitor welcome center purposes, or any other similar or related purposes by a convention and visitors bureau authority created by local Act of the General Assembly for a municipality; (D) a facility owned or operated for convention and trade show purposes or any other similar or related purposes by a coliseum and exhibit hall authority created by local Act of the General Assembly for a county and one or more municipalities therein; (E) a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and such facility was substantially completed and in operation prior to December 31, 1993; (F) a system of bicycle or pedestrian trails or walkways or both connecting a historic district within the levying county or municipality and surrounding areas (and with respect to this purpose (F) construction and expansion shall include acquisition and development), if not later than December 1, 1993, the county or municipality has adopted ordinances, resolutions, or contracts which: (i) designate such historic district; (ii) obligate the county or municipality to provide funds to promote tourism to a historic district owners and business association which qualifies as a private sector nonprofit organization under subparagraph (a) (8) (A) of this Code section and Section 501 (c) (6) of the Internal Revenue Code; (iii) provide a 'comprehensive plan' as provided for in Chapters 70 and 71 of Title 36; (iv) provide a transportation plan as a component of such comprehensive plan; and (v) provide a recreation plan which is designed to identify recreation needs through the year 2000 and which includes provisions for such system of trails or walkways or both; provided that the authority to expend funds for such system of trails or walkways or both shall expire

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when all capital costs of the initial acquisition, construction, and development of such system as identified in the relevant plan have been paid and in no event later than July 1, 2002. Amounts so expended to meet such 16 2/3 percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities; or (G) a system of bicycle or pedestrian greenways, trails, walkways, or any combination thereof connecting a downtown historic or business district within the levying county or municipality and surrounding areas (and with respect to this purpose (G) construction and expansion shall include acquisition and development), if not later than December 1, 2000, the county or municipality has adopted ordinances, resolutions, or contracts which: (i) designate such historic or downtown business district; (ii) obligate the county or municipality to provide funds to promote tourism to a downtown business district owners and business association or chamber of commerce which qualify as private sector nonprofit organizations under subparagraph (a) (8) (A) of this Code section and Section 501 (c) (6) of the Internal Revenue Code; (iii) provide a 'comprehensive plan' as provided for in Chapters 70 and 71 of Title 36; (iv) provide a transportation plan as a component of such comprehensive plan; and (v) provide a recreation plan as a component of such comprehensive plan which includes provisions for such system of trails or walkways or both; provided that the authority to expend funds for such system of trails or walkways or both shall expire when all capital costs of the initial acquisition, construction, and development of such system as identified in the relevant plan have been paid and in no event later than July 1, 2005. Amounts so expended to meet such 16 2/3 percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities."
SECTION 5.
Said article is further amended by adding a new paragraph immediately following paragraph (4.6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (4.7) to read as follows:

"(4.7) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a trade and convention center facility is substantially funded by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, which tax was levied prior to January 1, 1994, and is substantially funded by a state grant or grants authorized on or before January 1, 1996, may levy a tax under this Code section at a rate of 7 percent. A county or municipality levying a tax pursuant to this paragraph shall ex-

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pend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 28.6 percent of the total taxes collected at the rate of 7 percent for the purpose of promoting tourism, conventions, and trade shows under a contract with a private sector nonprofit organization as defined in subparagraph (A) of paragraph (8) of this subsection. In addition to the other amounts required to be expended under this paragraph, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 14.3 percent of the total taxes collected at the rate of 7 percent for the purpose of either marketing or operating trade and convention facilities which are managed or operated by the Georgia International and Maritime Trade Center Authority. Marketing and operating expenditures may include a preopening marketing program for such a facility and an escrow account accrued prior to opening such facility to cover operating expenses to be incurred after the opening of such a facility. In the event such facility is not constructed, such 14.3 percent may be used for any lawful purpose relating to tourism by the county or municipality levying a tax pursuant to this paragraph. In addition to the amounts required to be expended under this paragraph, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 14.3 percent of the total taxes collected at the rate of 7 percent for the purpose of planning, constructing, marketing, or operating an attraction honoring the inventor of the cotton gin. Marketing and operating expenditures may include a preopening marketing program for such facility and an escrow account accrued prior to opening such facility to cover operating expenses to be incurred after the opening of such facility. In the event such facility is not constructed, such 14.3 percent may be used for any lawful purpose relating to tourism by the county or municipality levying a tax pursuant to this paragraph."

SECTION 6.

Said article is further amended by adding a new paragraph immediately following paragraph (5.1) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (5.2) to read as follows:

"(5.2) (A) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and municipalities within a county in which community auditorium or theater facilities owned and operated by the municipality have been renovated which renovations are completed substantially on or before July 1, 1995, and which county and municipalities have not previously levied a 6 percent tax under paragraph (4) of this subsection may levy a tax under this Code section at a rate of 8 percent.

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(B) A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 33 l/3 percent of the total taxes collected at the rate of 8 percent under this subparagraph for the purpose of promoting tourism, conventions, and trade shows under a contract with a private sector nonprofit organization defined in subparagraph (A) of paragraph (8) of this subsection.
(C) In addition to the amounts required to be expended pursuant to subparagraph (B) of this paragraph, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 16 2/3 percent of the total taxes collected at the rate of 8 percent for the purpose of either marketing or operating community auditorium or theater facilities or community convention or trade center of which the theater or auditorium is a part. Marketing and operating expenditures may include a preopening marketing program for such facilities and an escrow account accrued prior to opening such facilities to cover operating expenses to be incurred after the opening of such facilities.
(D) In addition to the amounts required to be expended pursuant to subparagraphs (B) and (C) of this paragraph, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 33 1/3 percent of the total taxes collected at the rate of 8 percent for general recreation purposes. Amounts so expended shall be expended only through a contract or contracts with a recreation authority created by local Act of the General Assembly."
SECTION 7.
Said article is further amended by striking paragraph (6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in its place a new paragraph (6) to read as follows:

"(6) At no time shall a county or municipality levy a tax under more than one paragraph of this subsection. Following the termination of a tax under paragraph (3.1), (3.2), (3.3), (3.5), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (3.1), (3.2), (3.3), (3.5), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (3.1), (3.2), (3.3), (3.5), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection."

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SECTION 8.

Said article is further amended by striking paragraphs (9) and (10) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their places new paragraphs (9) and (10) to read as follows:

"(9) (A) A county or municipality imposing a tax under paragraph (1), (2), (3), (3.1), (3.2), (3.3), (3.5), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifYing how the expenditure requirements of this Code section will be met. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan.

(B) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), (3.1), (3.2), (3.3), (3.5), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 3681-7, and shall be determined by: (i) calculating the amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (3), (3.1), (3.2), (3.3), (3.5), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection, whichever is applicable, during the fiscal year; and (ii) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (3), (3.1), (3.2), (3.3), (3.5), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection.

(10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2), (3), (3.1), (3.2), (3.3), (3.5), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection."

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SECTION 9.

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

SECTION 10.

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

Approved March 28, 2000.

CRIMINAL PROCEDURE- SENTENCING; ENHANCED PUNISHMENT WHEN DEFENDANT MOTIVATED BY BIAS OR PREJUDICE.
Code Sections 17-10-17 through 17-10-19 Enacted.
No. 486 (Senate Bill No. 390).
AN ACT
To amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide for enhanced sentences in any case in which the trier of fact determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense because of bias or prejudice; to provide procedures under which such enhanced sentences may be sought; to provide for other matters relative to the foregoing; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, is amended by adding following Code Section 17-10-16 new Code Sections 17-1017 through 17-10-19 to read as follows:
"17-10-17.
(a) Subject to the notice requirement provided in Code Section 17-10-18 and in enhancement of the penalty imposed, if the trier of fact determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property of the victim as the object of the offense because of bias or prejudice, the judge imposing sentence shall:

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(1) If the offense for which the defendant was convicted is a misdemeanor, increase the sentence and the fine normally imposed by the court through court policy or voluntary sentencing guidelines by 50 percent up to the maximum authorized by law;
(2) If the offense for which the defendant was convicted is a misdemeanor of a high and aggravated nature, increase the sentence and fine normally imposed by the court through court policy or voluntary sentencing guidelines by 50 percent up to the maximum authorized by law; or
(3) If the offense for which the defendant was convicted is a felony, increase the sentence normally imposed by the court through court policy or voluntary sentencing guidelines by up to five years, not to exceed the maximum authorized by law.
(b) The judge shall state when the judge imposes the sentence the amount of the increase of the sentence based on the application of subsection (a) of this Code section.
(c) Any person convicted of a felony and given an enhanced sentence under this Act shall not be eligible for any form of parole or early release until such person has served at least 90% of the sentence imposed by the sentencing court.
17-10-18.
At any time after the filing of an indictment or accusation but not later than the arraignment, the state shall notify the defendant of its intention to seek the enhanced penalty or penalties authorized by Code Section 17-10-17. The notice shall be in writing and shall allege the specific factor or factors authorizing an enhanced sentence in the case pursuant to Code Section 1710-17.
17-10-19.
(a) In a case where notice has been given pursuant to Code Section 17-1018, the trier of fact shall initially determine the defendant's guilt on the charge or charges. If the trier of fact finds the defendant guilty of such charge or charges, the trial shall immediately be recommenced to receive evidence as is relevant to determine whether the defendant intentionally selected the victim or the property of the victim as the object of the offense as set forth in the notice given pursuant to Code Section 17-10-18.
(b) If the trier of fact determines beyond a reasonable doubt that the defendant so acted, the judge shall enhance the sentence imposed in accordance with the provisions of Code Section 17-10-17."

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SECTION 2.

This Act shall become effective on July 1, 2000, and shall apply to offenses committed on or after July 1, 2000.
SECTION 3.

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

Approved March 30, 2000.

HEALTH - CLINICAL LABORATORIES; EXEMPTION FOR PHARMACISTS PERFORMING CERTAIN CAPILLARY BLOOD TESTS.
Code Section 31-22-9 Amended.
No. 487 (House Bill No. 1234).
AN ACT
To amend Chapter 22 of Title 31 of the Official Code of Georgia Annotated, relating to clinical laboratories, so as to change the provisions relating to applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 22 of Title 31 of the Official Code of Georgia Annotated, relating to clinical laboratories, is amended by striking Code Section 31-22-9, relating to applicability, and inserting in its place the following:
"31-22-9.
(a) This chapter shall not apply to clinical laboratories which are:
(1) Operated by the Medical College of Georgia, the Emory University School of Medicine, any other medical schools in Georgia, or the United States government;
(2) Operated and maintained exclusively for research and teaching purposes, involving no patient or public health services;
(3) Operated and maintained as part of a hospital regulated and licensed by the department at any period of time during which the department, as part of its licensure and regulation of such hospital, imposes upon the medical laboratory involved the same standards of administration, performance, and operation as are imposed by this chapter upon medical laboratories covered in this chapter. In such cases and under such conditions, licensure of the hospital involved constitutes licensure of the hospital laboratory; or

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(4) Operated by duly licensed physicians exclusively in connection with the diagnosis and treatment of their own patients.
(b) This chapter shall not apply to pharmacists licensed pursuant to Chapter 4 of Title 26 practicing in accordance with the provisions thereof who are performing capillary blood tests and interpreting the results as a means to screen for or monitor disease risk factors and facilitate patient education as authorized in Code Section 264-4, so long as such capillary blood tests are available to and for use by the public without licensure of the user of the test."
SECTION 2.

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

Approved March 30, 2000.

MOTOR VEHICLES AND TRAFFIC - SECURITY INTERESTS; PERFECTION.
Code Section 40-3-50 Amended.
No. 489 (House Bill No. 1364).
AN ACT
To amend Code Section 40-3-50 of the Official Code of Georgia Annotated, relating to perfection of security interests in motor vehicles generally, so as to provide for perfection by delivery of notice; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 40-3-50 of the Official Code of Georgia Annotated, relating to perfection of security interests in motor vehicles generally, is amended by striking subsection (b) and inserting in lieu thereof the following:
"(b) (1) A security interest is perfected by delivery to the commissioner or to the county tag agent of the county in which the seller is located, of the county in which the sale takes place, of the county in which the vehicle is delivered, or of the county wherein the vehicle owner resides, of the required fee and:
(A) The existing certificate of title, if any, and an application for a certificate of title containing the name and address of the holder of a security interest; or

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(B) A notice of security interest on forms prescribed by the commissioner.

(2) The security interest is perfected as of the time of its creation if the initial delivery of the application or notice to the commissioner or local tag agent is completed within 20 days thereafter, regardless of any subsequent rejection of the application or notice for errors; otherwise, as of the date of the delivery to the commissioner or local tag agent. The local tag agent shall issue a receipt or other evidence of the date of filing of such application or notice. When the security interest is perfected as provided for in this subsection, it shall constitute notice to everybody of the security interest of the holder."

SECTION 2.

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

Approved March 30, 2000.

CIVIL PRACTICE - SUPERSEDEAS BOND ON APPEAL OF PUNITIVE DAMAGES; STAY OF ENFORCEMENT OF FOREIGN JUDGMENT; VENUE
REGARDING BUSINESS CORPORATIONS.
Code Sections 5-6-46, 9-12-134, and 14-2-510 Amended.
No. 490 (House Bill No. 1346).
AN ACT
To enact the "Civil Litigation Improvement Act of 2000"; to amend Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to supersedeas in civil cases and supersedeas bonds, so as to provide a maximum amount for a supersedeas bond for the punitive damages portion of a civil judgment; to provide for exceptions; to amend Code Section 9-12-134 of the Official Code of Georgia Annotated, relating to appeal or stay of foreign judgment, so as to clarify that a foreign judgment shall be stayed because an appeal is pending or will be taken or the time for filing an appeal has not expired; to provide that a foreign judgment shall be stayed until appeals are concluded or the time for taking an appeal has expired; to provide that this Act's amendment of Code Section 5-6-46 applies to security for satisfaction of a foreign judgment; to amend Part 2 of Article 5 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to venue regarding business corporations, so as to change venue provisions relating to corporations; to provide for removal of certain cases; 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.

The Act shall be known and may be cited as the "Civil Litigation Improvement Act of 2000."
SECTION 2.

Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to supersedeas in civil cases and supersedeas bonds, is amended by inserting two new subsections at the end of said Code section to read as follows:

"(e) If the appellee in a civil action obtains a judgment including punitive damages and the appellant files a notice of appeal of the judgment in order to obtain review by an appellate court, the supersedeas bond for the punitive damages portion of the judgment shall not exceed $25,000,000.00.

(f) If after notice and hearing the court finds that the appellee has proven by a preponderance of the evidence that a party bringing an appeal, for whom the supersedeas bond requirement has been limited pursuant to subsection (e) of this Code section is purposefully dissipating or secreting its assets, or diverting assets outside the jurisdiction of the United States courts, the limitation contained in subsection (e) of this Code section shall not apply."
SECTION 3.

Code Section 9-12-134 of the Official Code of Georgia Annotated, relating to appeal or stay of foreign judgment, is amended by striking subsection (b) in its entirety and inserting in lieu thereof the following:

"(b) If the judgment debtor shows the court any ground on which enforcement of a judgment of the court of this state would be stayed, including the ground that an appeal from the foreign judgment is pending or will be taken or that the time for taking such an appeal has not yet expired, the court shall stay enforcement of the foreign judgment for an appropriate period until all available appeals are concluded or the time for taking all appeals has expired and require the same security for satisfaction of the judgment that is required in this state, subject to the provisions of subsections (e) through (f) of Code Section 5-6-46."

SECTION 4.

Part 2 of Article 5 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to venue regarding business corporations, is amended by striking in its entirety Code Section 14-2-510, relating to venue, and inserting in lieu thereof the following:

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"14-2-510.

(a) Venue in proceedings against a corporation shall be determined in accordance with the pertinent constitutional and statutory provisions of this state in effect as of July 1, 1989, or thereafter.
(b) Each domestic corporation and each foreign corporation authorized to transact business in this state shall be deemed to reside and to be subject to venue as follows:

(1) In civil proceedings generally, in the county of this state where the corporation maintains its registered office; or if the corporation fails to maintain a registered office, it shall be deemed to reside in the county where its last named registered office or principal office, as shown by the records of the Secretary of State, was maintained;
(2) In actions based on contracts, in that county in this state where the contract to be enforced was made or is to be performed, if the corporation has an office and transacts business in that county;

(3) In actions for damages because of torts, wrong, or injury done, in the county where the cause of action originated, if the corporation has an office and transacts business in that county;

(4) In actions for damages because of torts, wrong, or injury done, in the county where the cause of action originated. If venue is based solely on this paragraph, the defendant shall have the right to remove the action to the county in Georgia where the defendant maintains its principal place of business. A notice of removal shall be filed within 45 days of service of the summons. Upon motion by the plaintiff filed within 45 days of the removal, the court to which the case is removed may remand the case to the original court if it finds that removal is improper under the provisions of this paragraph. Upon the defendant's filing of a notice of removal, the 45 day time period for filing such notice shall be tolled until the remand, the entry of an order by the court determining that the removal is valid, or the expiration of the time period for the plaintiff to file a motion challenging the removal, whichever occurs first; and

(5) In garnishment proceedings, in the county of this state in which is located the corporate office or place of business where the employee who is the defendant in the main action is employed.

(c) Any residences established by this Code section shall be in addition to, and not in limitation of, any other residence that any domestic or foreign corporation may have by reason of other laws.

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(d) Whenever this chapter either requires or permits a proceeding to be brought in the county where the registered office of the corporation is maintained, if the proceeding is against a corporation having a principal office as required under a prior general corporation law, the action or proceeding may be brought in the county where the principal office is located."

SECTION 5.

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

SECTION 6.

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

Approved March 30, 2000.

COURTS -JUVENILE PROCEEDINGS; CHILD IN IMMINENT DANGER; TEMPORARY PROTECTNE CUSTODY BY PHYSICIAN WITHOUT ORDER
OR CONSENT.
Code Sections 15-11-15 and 15-11-17.2 Enacted.
No. 493 (Senate Bill No. 315).
AN ACT
To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that a physician may retain temporary protective custody of a child without a court order and without parental consent if the physician has reasonable cause to believe the child's life or health is in imminent danger; to provide a short title; to provide for procedures; to provide for authority and duties of the Department of Human Resources; to provide for immunity from liability; to amend said chapter as reorganized by House Bill 1112 of 2000 accordingly; to provide for other matters relative thereto; to provide for effective dates and contingent automatic repealers; 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 'Terrell Peterson Act."
PART I

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SECTION 2.

Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by inserting immediately following Code Section 15-11-17.1 a new Code Section 15-11-17.2 to read as follows:

"15-11-17.2.

(a) Notwithstanding Code Section 15-11-17 or any other provision of law, a physician, licensed to practice medicine in the State of Georgia in accordance with Article 2 of Chapter 34 of Title 43, who is treating a child may take or retain temporary protective custody of the child, without a court order and without the consent of a parent, guardian, or custodian, provided that:

(1) The physician has reasonable cause to believe that the child is in a circumstance or condition that presents an imminent danger to the child's life or health as a result of suspected abuse or neglect; and

(2) There is not sufficient time for a court order to be obtained under this article for temporary custody of the child before the child may be removed from the presence of the physician.

(b) A physician detaining a child in temporary custody shall:

(1) Make reasonable and diligent efforts to inform the parents, guardian, or custodian of the child of the whereabouts of the child;

(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, as required by subsection (e) of Code Section 19-7-5, and inform the child welfare agency designated by the Department of Human Resources to which such report is made that the child has been detained in temporary custody as provided in this Code section; and

(3) Not later than 24 hours after the child is detained in temporary custody:

(A) Contact a juvenile court intake officer as provided in paragraph (2) of subsection (a) of Code Section 15-11-19, and inform such intake officer that the 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 the child into custody and promptly bring the child before a juvenile court intake officer as provided in Code Sections 15-11-19 and 15-11-21.

(c) A child who meets the requirements for inpatient admission shall be retained in the hospital or institution until such time as the child is medically ready for discharge. Upon notification by the hospital or institution to the

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department that a child who is not eligible for inpatient admission or who is medically ready for discharge has been taken into custody by a physician in accordance with subsection (b) of this Code section, provided that the child has been placed in the custody of the Department of Human Resources, the department shall take physical custody of the child within six hours of being notified.
(d) If the intake officer determines that the child is to be detained, in accordance with Code Sections 15-11-18 and 15-11-20 and subsection (a) of Code Section 15-11-21 and the court orders that the child be detained in the legal custody of the Department of Human Resources, acting by and through any of the county departments of family and children services, then:
( 1) If the child remains in the physical care of the physician, the department shall take physical possession of the child within six hours of being notified by the physician, unless the child meets the criteria for admission to a hospital, or other medical institution or facility where he or she has been detained in the temporary custody by a physician; or

(2) If the child has been brought before the juvenile court by a law enforcement officer, the department shall promptly take physical possession of the child.
(e) If the child is not released, then the court shall notify the child's parents, guardian, or other custodian, the physician, and the Department of Human Resources of the detention hearing which is to be held within 72 hours as provided in subsection (c) of Code Section 15-11-21.
(f) If the intake officer determines that the child should not be detained, the child shall be released pursuant to the provisions set forth in Code Section 15-11-21.

(g) If after the detention hearing the child is not released, the physician shall file the petition required by subsection (e) of Code Section 15-11-21 in accordance with this article, provided that such physician continues to believe that the child's life or health is in danger as a result of suspected abuse or neglect.
(h) Any hospital or physician authorized and acting in good faith and in accordance with acceptable medical practice in the treatment of a child under this Code section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of taking or failing to take any action, pursuant to this Code section. This Code section shall not be construed as imposing any additional duty not already otherwise imposed by law."

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PART II

SECTION 3.

Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by inserting a new Code Section 15-11-15 to read as follows:

"15-11-15.

(a) Notwithstanding Code Section 15-11-45 or any other provision of law, a physician, licensed to practice medicine in the State of Georgia in accordance with Article 2 of Chapter 34 of Title 43, who is treating a child may take or retain temporary protective custody of the child, without a court order and without the consent of a parent, guardian, or custodian, provided that:

( 1) The physician has reasonable cause to believe that the child is in a circumstance or condition that presents an imminent danger to the child's life or health as a result of suspected abuse or neglect; and

(2) There is not sufficient time for a court order to be obtained under this article for temporary custody of the child before the child may be removed from the presence of the physician.

(b) A physician detaining a child in temporary custody shall:

(1) Make reasonable and diligent efforts to inform the parents, guardian, or custodian of the child of the whereabouts of the child;

(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, as required by subsection (e) of Code Section 19-7-5, and inform the child welfare agency designated by the Department of Human Resources to which such report is made that the child has been detained in temporary custody as provided in this Code section; and

(3) Not later than 24 hours after the child is detained in temporary custody:

(A) Contact a juvenile court intake officer as provided in paragraph (2) of subsection (a) of Code Section 15-11-47, and inform such intake officer that the 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 the child into custody and promptly bring the child before a juvenile court intake officer as provided in Code Sections 15-11-47 and 15-11-48.

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(c) A child who meets the requirements for inpatient admission shall be retained in the hospital or institution until such time as the child is medically ready for discharge. Upon notification by the hospital or institution to the department that a child who is not eligible for inpatient admission or who is medically ready for discharge has been taken into custody by a physician in accordance with subsection (b) of this Code section, provided that the child has been placed in the custody of the Department of Human Resources, the department shall take physical custody of the child within six hours of being notified.
(d) If the intake officer determines that the child is to be detained, in accordance with Code Sections 15-11-46 and 15-11-48 and subsection (a) of Code Section 15-11-49 and the court orders that the child be detained in the legal custody of the Department of Human Resources, acting by and through any of the county departments of family and children services, then:
(1) If the child remains in the physical care of the physician, the department shall take physical possession of the child within six hours of being notified by the physician, unless the child meets the criteria for admission to a hospital, or other medical institution or facility where he or she has been detained in the temporary custody by a physician; or

(2) If the child has been brought before the juvenile court by a law enforcement officer, the department shall promptly take physical possession of the child.

(e) If the child is not released, then the court shall notify the child's parents, guardian, or other custodian, the physician, and the Department of Human Resources of the detention hearing which is to be held within 72 hours as provided in subsection (c) of Code Section 15-11-49.

(f) If the intake officer determines that the child should not be detained, the child shall be released pursuant to the provisions set forth in Code Section 15-11-49.

(g) If after the detention hearing the child is not released, the physician shall file the petition required by subsection (e) of Code Section 15-11-49 in accordance with this article, provided that such physician continues to believe that the child's life or health is in danger as a result of suspected abuse or neglect.

(h) Any hospital or physician authorized and acting in good faith and in accordance with acceptable medical practice in the treatment of a child under this Code section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of taking or failing

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to take any action, pursuant to this Code section. This Code section shall not be construed as imposing any additional duty not already otherwise imposed by law."
PART III

SECTION 4.

(a) If House Bill 1112, reorganizing Articles 1, 2, and 4 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is approved by the Governor or becomes law without such approval, Sections 1 and 3 of this Act shall become effective July 1, 2000, and Section 2 of this Act shall be automatically repealed on such date.

(b) If House Bill 1112, reorganizing Articles 1, 2, and 4 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is not approved by the Governor and does not become law without such approval, Sections 1 and 2 of this Act shall become effective July 1, 2000, and Section 3 of this Act shall be automatically repealed on such date.
SECTION 5.

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

Approved April 6, 2000.

INSURANCE - UNFAIR PRACTICES; DISCRIMINATION AGAINST FAMILY VIOLENCE VICTIMS; DISCLOSURES OF FAMILY VIOLENCE INFORMATION.
Code Section 33-6-4 Amended.
No. 494 (Senate Bill No. 464).
AN ACT
To amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, so as to prohibit certain discrimination against victims of family violence; to prohibit certain disclosures of family violence information; 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 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, is amended in subsection (b) by striking the word "or"

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at the end of paragraph (13), by striking the period and inserting in its place "; or" at the end of paragraph (14) and by adding a new paragraph (15) to read as follows:
"(15) (A) As used in this paragraph:
(i) 'Family violence' means family violence as defined in Code Sections 19-13-1 and 19-13-20 and as limited by Code Section 19-13-1.
(ii) 'Confidential family violence information' means information about acts of family violence, the status of a victim of family violence, an individual's medical condition that the insurer knows or has reason to know is related to family violence, or the home and work addresses and telephone numbers of a subject of family violence.
(B) No person shall deny or refuse to accept an application; refuse to insure; refuse to renew; refuse to reissue; cancel, restrict, or otherwise terminate; charge a different rate for the same coverage; add a premium differential; or exclude or limit coverage for losses or deny a claim incurred by an insured on the basis that the applicant or insured is or has been a victim of family violence or that such person knows or has reason to know the applicant or insured may be a victim of family violence; nor shall any person take or fail to take any of the aforesaid actions on the basis that an applicant or insured provides shelter, counseling, or protection to victims of family violence.
(C) No person shall request, directly or indirectly, any information the person knows or reasonably should know relates to acts of family violence or an applicant's or insured's status as a victim of family violence or make use of such information however obtained, except for the limited purpose of complying with legal obligations, verifying an individual's claim to be a subject of family violence, cooperating with a victim of family violence in seeking protection from family violence, or facilitating the treatment of a family violence related medical condition. When a person has information in their possession that clearly indicates that the insured or applicant is a subject of family violence, the disclosure or transfer of the information by a person to any person, entity, or individual is a violation of this Code section, except:
(i) To the subject of abuse or an individual specifically designated in writing by the subject of abuse;
(ii) To a health care provider for the direct provision of health care services;

(iii) To a licensed physician identified and designated by the subject of abuse;

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(iv) When ordered by the Commissioner or a court of competent jurisdiction or otherwise required by law;
(v) When necessary for a valid business purpose to transfer information that includes family violence information that cannot reasonably be segregated without undue hardship. Family violence information may be disclosed pursuant to this division only to the following persons or entities, all of whom shall be bound by this subparagraph:
(I) A reinsurer that seeks to indemnify or indemnifies all or any part of a policy covering a subject of abuse and that cannot underwrite or satisfy its obligations under the reinsurance agreement without that disclosure;
(II) A party to a proposed or consummated sale, transfer, merger, or consolidation of all or part of the business of the person;

(III) Medical or claims personnel contracting with the person, only where necessary to process an application or perform the person's duties under the policy or to protect the safety or privacy of a subject of abuse; or
(IV) With respect to address and telephone number, to entities with whom the person transacts business when the business cannot be transacted without the address and telephone number;
(vi) To an attorney who needs the information to represent the person effectively, provided the person notifies the attorney of its obligations under this paragraph and requests that the attorney exercise due diligence to protect the confidential abuse information consistent with the attorney's obligation to represent the person;
(vii) To the policy owner or assignee, in the course of delivery of the policy, if the policy contains information about abuse status; or
(viii) To any other entities deemed appropriate by the Commissioner.
(D) It is unfairly discriminatory to terminate group coverage for a subject of family violence because coverage was originally issued in the name of the perpetrator of the family violence and the perpetrator has divorced, separated from, or lost custody of the subject of family violence, or the perpetrator's coverage has terminated voluntarily or involuntarily. If termination results from an act or omission of the perpetrator, the subject of family violence shall be deemed a qualifying eligible individual under Code Section 33-24-21.1 and may obtain continuation and conversion of such coverages notwithstanding the act or omission of the perpetrator. A person may request and receive family violence information to implement the continuation and conversion of coverages under this subparagraph.

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(E) Subparagraph (C) of this paragraph shall not preclude a subject of family violence from obtaining his or her insurance records. Subparagraph (C) of this paragraph shall not prohibit a person from asking about a medical condition or a claims history or from using medical information or a claims history to underwrite or to carry out its duties under the policy to the extent otherwise permitted under this paragraph and other applicable law.
(F) No person shall take action that adversely affects an applicant or insured on the basis of a medical condition, claim, or other underwriting information that the person knows or has reason to know is family violence related and which:

(i) Has the purpose or effect of treating family violence status as a medical condition or underwriting criterion;

(ii) Is based upon correlation between a medical condition and family violence;

(iii) Is not otherwise permissible by law and does not apply in the same manner and to the same extent to all applicants and insureds similarly situated without regard to whether the condition or claim is family violence related; or

(iv) Except for claim actions, is not based on a determination, made in conformance with sound actuarial and underwriting principles and guidelines generally applied in the insurance industry and supported by reasonable statistical evidence, that there is a correlation between the applicant's or insured's circumstances and a material increase in insurance risk.

(G) No person shall fail to pay losses arising out of family violence against an innocent first-party claimant to the extent of such claimant's legal interest in the covered property, if the loss is caused by the intentional act of an insured against whom a family violence complaint is brought for the act causing this loss.

(H) No person shall use other exclusions or limitations on coverage which the Commissioner has determined through the policy filing and approval process to unreasonably restrict the ability of victims of family violence to be indemnified for such losses.

(I) Any person issuing, delivering, or renewing a policy of insurance in this state at any time within a period of 24 months after the effective date of this paragraph shall include with such policy or renewal certificate a notice attached thereto containing the following language:

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'NOTICE
The laws of the State of Georgia prohibit insurers from unfairly discriminating against any person based upon his or her status as a victim of family violence.'"

SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 2000.

SOCIAL SERVICES- FAMILY AND CHILDREN SERVICES; COUNTY DEPARTMENTS.
Code Title 49 Amended.
No. 495 (House Bill No. 1406).
AN ACT
To amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to provide additional methods to remove county directors and district directors; to change the method of appointing county directors; to provide for annual reports and for appearances to answer certain questions; to change the provisions regarding salaries of county department staff; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by striking Code Section 49-1-5, relating to suspension and removal of county board members, county directors, and other employees, and inserting in its place the following:
"49-1-5.
(a) In order that the public welfare laws of this state may be better enforced, the Governor is authorized and empowered to suspend any member of any county board, any county director, or any employee or official of the department whenever he or she shall find that good cause for such suspension exists. Such suspension shall be by executive order of the Governor, which shall state the reason therefor. A copy of such order of suspension shall be sent to the person so suspended within five days after it is issued, by registered or certified mail, return receipt requested, together with a notice from the Governor or his or her executive secretary that the suspended person may be heard before the Governor at such time as may be stated in the

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notice, which hearing shall be not less than ten nor more than 20 days from the date of the notice. Upon such hearing, if the Governor shall find that good cause for the removal of the person so suspended exists, he or she is authorized and empowered to remove such member of any county board, any county director, or any employee or official in the department; whereupon, such person's tenure of office or employment shall terminate, subject to the right of appeal granted to any employee under the State Merit System of Personnel Administration by Chapter 20 of Title 45, and the vacancy shall be filled as provided by law. If the Governor shall find that good cause for the removal of such person does not exist, he or she shall, by appropriate executive order, restore him or her to duty.

(b) In addition to removal by the Governor as specified in subsection (a) of this Code section, the director of the Division of Family and Children Services may terminate the employment of any county director or district director subject to any right of appeal such director may have under the State Merit System of Personnel Administration by Chapter 20 of Title 45, and the vacancy shall be filled as provided by law."

SECTION 2.

Said title is further amended by striking subsection (a) of Code Section 49-3-3, relating to appointment of county director, and inserting in its place the following:
"(a) The commissioner shall obtain from the State Merit System of Personnel Administration a register of qualified applicants for the position of county director. Each county board of family and children services, upon procuring from the commissioner that register, shall recommend from that register to the commissioner of human resources one or more names for appointment to the position of county director. The commissioner is designated as the appointing authority for the department and may accept or reject any such recommendation."
SECTION 3.

Said title is further amended by adding after Code Section 49-3-3 a new Code section to read as follows:
"49-3-3.1.

(a) The county director of the department of family and children services of each county shall provide an annual report no later than December 31 of each year, beginning in the year 2000, to the county board, county commission, the director of the Division of Family and Children Services, and each member of the General Assembly whose legislative district includes any part of that county. The report shall include the following information for the 12 month period ending June 30 of that year:

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(1) The number of children for whom the county department has received a complaint of child abuse pursuant to Code Section 19-7-5;
(2) General demographic data such as gender, race, and age regarding children specified in paragraph (1) of this Code section;

(3) The number of children taken into county department custody;
(4) The number of placements of children in county department custody by the type of placement;

(5) The length of time in county department custody by the number of children; and

(6) Any other information required by the director of the Division of Family and Children Services.

(b) A majority of the legislative delegation whose members are required to receive a report pursuant to subsection (a) of this Code section shall be authorized to require the director of the department of family and children services of the county which provided that report to appear before that delegation and to answer questions regarding that report and other matters relating to issues of child abuse and child protective services."
SECTION 4.

Said title is further amended by striking subsection (b) of Code Section 49-3-4, relating to appointment of staff, and inserting in its place the following:
"(b) The salaries of the members of the staff shall be fixed by the county director in conformity with the salary schedule prescribed by the Department of Human Resources."

SECTION 5.

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

Approved April 6, 2000.

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COURTS -JUVENILE PROCEEDINGS; OFFICE OF CHILD ADVOCATE FOR THE PROTECTION OF CHILDREN; STATE-WIDE CHILD ABUSE PREVENTION PANEL; ACCESS TO CHILD ABUSE REPORT RECORDS.

Code Title 15, Chapter 11, Article 5 Enacted. Code Sections 19-154 and 49-541 Amended.
No. 496 (House Bill No. 1422).
AN ACT
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for a short title, legislative intent, and definitions; to create the Office of the Child Advocate for the Protection of Children; to provide for administrative assignment; to provide for staff and personnel; to provide for contracts; to provide for duties, rights, and powers; to require and permit certain reports; to authorize the advocate to request certain investigations by the Georgia Bureau of Investigation and provide for the conduct and results of such investigations; to amend Code Section 19-154 of the Official Code of Georgia Annotated, relating to the State-wide Child Abuse Prevention Panel, so as to include the advocate as a member of the panel; to amend Code Section 49-541 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records concerning reports of child abuse, so as to provide for public access to certain child abuse records; 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 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding at the end a new article to read as follows:
"ARTICLE 5
15-11-170.

(a) This article shall be known and may be cited as the 'Georgia Child Advocate for the Protection of Children Act.'
(b) In keeping with this article's purpose of assisting, protecting, and restoring the security of children whose well-being is threatened, it is the intent of the General Assembly that the mission of protection of the children of this state should have the greatest legislative and executive priority. Recognizing that the needs of children must be attended to in a timely manner and that more aggressive action should be taken to protect children from abuse and neglect, the General Assembly creates the Office of the Child Advocate for the Protection of Children to provide independent oversight of persons, or-

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ganizations, and agencies responsible for providing services to or caring for children who are victims of child abuse and neglect, or whose domestic situation requires intervention by the state. The Office of the Child Advocate for the Protection of Children will provide children with an avenue through which to seek relief when their rights are violated by state officials and agents entrusted with their protection and care.

15-11-171.

As used in this article, the term:

(1) 'Advocate' or 'child advocate' means the Child Advocate for the Protection of Children established under Code Section 15-11-172.

(2) 'Agency' shall have the same meaning and application as provided for in paragraph (1) of subsection (a) of Code Section 50-14-1.

(3) 'Child' or 'children' means an individual receiving protective services from the division, for whom the division has an open case file, or who has been, or whose siblings, parents, or other caretakers have been the subject of a report to the division within the previous five years.

(4) 'Department' means the Department of Human Resources.

(5) 'Division' means the Division of Family and Children Services of the Department of Human Resources.

15-11-172.

(a) There is created the Office of the Child Advocate for the Protection of Children. The Governor, by executive order, shall create a nominating committee which shall consider nominees for the position of the advocate and shall make a recommendation to the Governor. Such person shall have knowledge of the child welfare system, the juvenile justice system, and the legal system and shall be qualified by training and experience to perform the duties of the office as set forth in this article.

(b) The advocate shall be appointed by the Governor from a list of at least three names submitted by the nominating committee for a term of three years and until his or her successor is appointed and qualified and may be reappointed. The salary of the advocate shall not be less than $60,000.00 per year, shall be fixed by the Governor, and shall come from funds appropriated for the purposes of the advocate.

(c) The Office of the Child Advocate for the Protection of Children shall be assigned to the Office of Planning and Budget for administrative purposes only, as described in Code Section 50-4-3.

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(d) The advocate may appoint such staff as may be deemed necessary to effectively fulfill the purposes of this article, within the limitations of the funds available for the purposes of the advocate. The duties of the staff may include the duties and powers of the advocate if performed under the direction of the advocate. The advocate and his or her staff shall receive such reimbursement for travel and other expenses as is normally allowed to state employees, from funds appropriated for the purposes of the advocate.

(e) The advocate shall have the authority to contract with experts in fields including but not limited to medicine, psychology, education, child development, juvenile justice, mental health, and child welfare, as needed to support the work of the advocate, utilizing funds appropriated for the purposes of the advocate.

(f) Notwithstanding any other provision of state law, the advocate shall act independently of any state official, department, or agency in the performance of his or her duties.

(g) The advocate or his or her designee shall be an ex officio member of the State-wide Child Abuse Prevention Panel.

15-11-173.

The advocate shall perform the following duties:

(1) Identify, receive, investigate, and seek the resolution or referral of complaints made by or on behalf of children concerning any act, omission to act, practice, policy, or procedure of an agency or any contractor or agent thereof that may adversely affect the health, safety, or welfare of the children;

(2) Refer complaints involving abused children to appropriate regulatory and law enforcement agencies;

(3) Report the death of any child to the chairperson of the child fatality review subcommittee of the county in which such child resided at the time of death, unless the advocate has knowledge that such death has been reported by the county medical examiner or coroner, pursuant to Code Section 19-15-3, and to provide such subcommittee access to any records of the advocate relating to such child;

(4) Provide periodic reports on the work of the Office of the Child Advocate for the Protection of Children, including but not limited to an annual written report for the Governor and the General Assembly and other persons, agencies, and organizations deemed appropriate. Such reports shall include recommendations for changes in policies and procedures to improve the health, safety, and welfare of children and shall be made expeditiously in order to timely influence public policy;

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(5) Establish policies and procedures necessary for the Office of the Child Advocate for the Protection of Children to accomplish the purposes of this article including without limitation providing the division with a form of notice of availability of the Office of the Child Advocate for the Protection of Children. Such notice shall be posted prominently, by the division, in division offices and in facilities receiving public moneys for the care and placement of children and shall include information describing the Office of the Child Advocate for the Protection of Children and procedures for contacting that office; and

(6) Convene quarterly meetings with organizations, agencies, and individuals who work in the area of child protection to seek opportunities to collaborate and improve the status of children in Georgia.

15-11-174.

The advocate shall have the following rights and powers:

(1) To communicate privately, by mail or orally, with any child and with each child's parent or guardian;

(2) To have access to all records and files of the division concerning or relating to a child, and to have access, including the right to inspect, copy, and subpoena records held by clerks of the various courts, law enforcement agencies, service providers, including medical and mental health, and institutions, public or private, with whom a particular child has been either voluntarily or otherwise placed for care or from whom the child has received treatment within the state. To the extent any such information provides the names and addresses of individuals who are the subject of any confidential proceeding or statutory confidentiality provisions, such names and addresses or related information which has the effect of identifying such individuals shall not be released to the public without the consent of such individuals;

(3) To enter and inspect any and all institutions, facilities, and residences, public and private, where a child has been placed by a court or the division and is currently residing. Upon entering such a place, the advocate shall notify the administrator or, in the absence of the administrator, the person in charge of the facility, before speaking to any children. Mter notifying the administrator or the person in charge of the facility, the advocate may communicate privately and confidentially with children in the facility, individually or in groups, or the advocate may inspect the physical plant. To the extent possible, entry and investigation provided by this Code section shall be conducted in a manner which will not significantly disrupt the provision of services to children;

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(4) To apply to the Governor to bring legal action in the nature of a writ of mandamus or application for injunction pursuant to Code Section 4515-18 to require an agency to take or refrain from taking any action required or prohibited by law involving the protection of children;

(5) To apply for and accept grants, gifts, and bequests of funds from other states, federal and interstate agencies, independent authorities, private firms, individuals, and foundations for the purpose of carrying out the lawful responsibilities of the Office of the Child Advocate for the Protection of Children;

(6) When less formal means of resolution do not achieve appropriate results, to pursue remedies provided by this article on behalf of children for the purpose of effectively carrying out the provisions of this article; and

(7) To engage in programs of public education and legislative advocacy concerning the needs of children requiring the intervention, protection, and supervision of courts and state and county agencies.

15-11-175.

(a) No person shall discriminate or retaliate in any manner against any child, parent or guardian of a child, employee of a facility, agency, institution or other type of provider, or any other person because of the making of a complaint or providing of information in good faith to the advocate, or willfully interfere with the advocate in the performance of his or her official duties.
(b) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.

15-11-176.

The advocate shall be authorized to request an investigation by the Georgia Bureau of Investigation of any complaint of criminal misconduct involving a child.

15-11-177.

(a) There is established a Child Advocate Advisory Committee. The advisory committee shall consist of:

(1) One representative of a not for profit children's agency appointed by the Governor;

(2) One representative of a for profit children's agency appointed by the President of the Senate;

(3) One pediatrician appointed by the Speaker of the House of Representatives;

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(4) One social worker with experience and knowledge of child protective services who is not employed by the state appointed by the Governor;
(5) One psychologist appointed by the President of the Senate;
(6) One attorney appointed by the Speaker of the House of Representatives from the Children and the Courts Committee of the State Bar of Georgia; and
(7) One juvenile court judge appointed by the Chief Justice of the Supreme Court of Georgia.
Each member of the advisory committee shall serve a two-year term and until the appointment and qualification of such member's successor. Appointments to fill vacancies in such offices shall be filled in the same manner as the original appointment.
(b) The advisory committee shall meet a mmtmum of three times a year with the advocate and his or her staff to review and assess the following:
(1) Patterns of treatment and service for children;
(2) Policy implications; and
(3) Necessary systemic improvements.
The advisory committee shall also provide for an annual evaluation of the effectiveness of the Office of the Child Advocate for the Protection of Children."

SECTION 2.
Code Section 19-154 of the Official Code of Georgia Annotated, relating to the State-wide Child Abuse Prevention Panel, is amended by striking the word "and" at the end of paragraph (13) of subsection (a), by inserting a new paragraph (14) to read as follows:
"(14) The child advocate created by Article 5 of Chapter 11 of Title 15; and",

and by renumbering existing paragraph (14) of subsection (a) as paragraph (15) 0
SECTION 3.
Code Section 49-541 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records concerning reports of child abuse, is amended by striking in its entirety subsection (e) of said Code section and inserting in lieu thereof the following:

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"(e) Notwithstanding any other provisions of law, with the exception of medical and mental health records made confidential by other provisions of law, child abuse and deprivation records applicable to a child who at the time of his or her death was:

(1) In the custody of a state department or agency or foster parent; (2) A child as defined in paragraph (3) of Code Section 15-11-171; or

(3) The subject of an investigation, report, referral, or compliant under Code Section 15-11-137

shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records."

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 6, 2000.

STATE GOVERNMENT - INFORMATION TECHNOLOGY AND DISTRIBUTION; CONSOLIDATION AND REORGANIZATION OF
STATE GOVERNMENT FUNCTIONS AND RESPONSIBILITIES.
Code Title 50 Amended. Code Sections 28-3-24.1 and 40-5-2 Amended.
No. 497 (Senate Bill No. 465).
AN ACT
To amend Code Section 28-3-24.1 of the Official Code of Georgia Annotated, relating to the public distribution of legislative information in electronic format, so as to establish the GeorgiaNet Division of the Georgia Technology Authority; to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to the keeping of records of applications for licenses and information on licensees, so as to refer to the GeorgiaNet Division of the Georgia Technology Authority; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to establish the Georgia Technology Authority as the successor in interest to the GeorgiaNet Authority; to repeal certain provisions relating to the Electronic Data Processing-Printing Committee; to provide definitions; to provide for the membership and officers of the Georgia Technology Authority; to provide for an executive director of

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the authority; to provide for the powers of the authority; to provide for the establishment of a technology empowerment fund; to provide for purchasing procedures; to amend Chapter 29 of Title 50 of the Official Code of Georgia Annotated, the "Information Technology Policy Act of 1995," so as to repeal certain provisions relating to said Act; to change provisions relating to the Electronic Commerce Study Committee; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 28-3-24.1 of the Official Code of Georgia Annotated, relating to the public distribution of legislative information in electronic format, is amended by striking subsection (b) and inserting in lieu thereof the following:
"(b) The Secretary of the Senate and the Clerk of the House of Representatives may provide legislative information in electronic format to the GeorgiaNet Division of the Georgia Technology Authority for purposes of public distribution as provided in Code Section 50-25-14. The information may be provided on at least a daily basis in the most current format available. The information provided may include at a minimum: available schedules and agenda for committee meetings; available bill and resolution status information; and full text of all available prefiled and introduced versions of bills and resolutions, including amendments and substitutes. The information provided may include such other matters as will in the determination of the Secretary and the Clerk contribute to the purposes of this Code section. The Georgia Technology Authority shall work with the General Assembly to develop a single Internet site for the Georgia General Assembly. The content and the format of the General Assembly Internet site shall be determined by the Legislative Services Committee."
SECTION 2.
Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to the keeping of records of applications for licenses and information on licensees, is amended by striking subparagraph (c) (1) (F) and paragraph (1) of subsection (d) inserting in lieu thereof the following:
"(F) With the written release of the driver, to a rental car company for use in the normal course of its business; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subparagraph shall be limited to name, address, driver identification number, and medical or disability information. Such access shall be provided and funded

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through the GeorgiaNet Division of the Georgia Technology Authority, and the department shall bear no costs associated with such access; and"

"(d) (1) The commissioner shall designate members of the department to be the official custodians of the records of the department. No disclosure or release of operating records or personal information shall be made without the signed written approval of a designated custodian; except that such approval shall not be required for any release or disclosure through the GeorgiaNet Division of the Georgia Technology Authority pursuant to the signed written consent of the driver, provided that any such signed written consent shall be retained for a period of not less than four years by the party requesting the information. The custodians may certify copies or compilations, including extracts thereof, of the records of the department. When so certified, such records shall be admissible as evidence in any civil or criminal proceeding as proof of the contents thereof."

SECTION 3.

Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Sections 50-5-10 and 50-5-11 by striking said Code sections in their entirety and inserting in lieu thereof the following:

"50-5-10.

Reserved.

50-5-11.

Reserved."

SECTION 4.
Said title is further amended in Part 1 of Article 5 of Chapter 5, the 'Telecommunications Consolidation Act of 1973," by striking in their entirety Code Sections 50-5-160 through 50-5-169 and inserting in lieu thereof the following:

"Part 1 Reserved
SECTION 5.
Said title is further amended in Part 2 of Article 5 of Chapter 5, the "Public Safety Radio Services Act of 1975," by striking Code Section 50-5-180 through Code Section 50-5-186 and inserting in lieu thereof the following:

"Part 2 Reserved"

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SECTION 6.
Said title is further amended in Part 3 of Article 5 of Chapter 5, the "Georgia Distance Learning and Telemedicine Act of 1992," by striking Code Sections 50-5-191 through 50-5-202 and inserting in lieu thereof the following:

"50-5-191.

(a) The General Assembly finds and declares that it is in the public interest to provide appropriate means for the continued development and enhancement of educational opportunities and medical care throughout the State of Georgia through the use of audio and video systems employing interactive technology. Systems which would make this concept a reality are technologically feasible, but they have not been constructed in Georgia. Such systems are in the public interest. If deployed state wide and linked with other networks on a national or international basis, they would permit students interactive access to a greater variety of instruction, thus enhancing educational quality throughout Georgia, and they would improve the delivery of medical care to all areas of Georgia.

(b) It is the intention and purpose of the General Assembly that a statewide distance learning and telemedicine network be developed whereby educational quality throughout the state will be enhanced and delivery of medical care to all areas of the state will be improved. It is the further intention of the General Assembly that there be a method of funding the state-wide network from the Universal Service Fund through a newly created Distance Learning and Telemedicine Network Governing Board, and that the Georgia Technology Authority be the sole administrator of the Universal Service Fund for such purposes.

50-5-192.

As used in this part, the term:

(1) 'Costs' means the reasonable and customary charges for goods and services incurred or to be incurred in the establishment of a state-wide distance learning and telemedicine network with the exception of charges from a transport provider, or network provider for the provision of equipment or facilities which are multiple use. The charges for such multiple use facilities must be prorated by the Georgia Technology Authority.
(2) 'Distance learning' means an interactive telecommunications system that utilizes audio, video, and other appropriate elements and is compatible with other distance learning networks and that is used for the purpose of enhancing instructional opportunities in Georgia schools.
(3) 'Governing board' means the Distance Learning and Telemedicine Network Governing Board.

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(4) 'Medical facilities' means any fully licensed and accredited, publicly funded medical care providers that furnish either inpatient or outpatient services. Research facilities are specifically excluded.
(5) 'School' means any accredited public institution providing instruction at levels K-12 or any accredited public postsecondary institution.
(6) 'Telemedicine' means an interactive telecommunications system that utilizes audio, video, and other appropriate elements and is compatible with other telemedicine networks and that is used for the purpose of enhancing the delivery of medical care to medical facilities throughout Georgia.
(7) 'Universal Service Fund' means that fund which was created by the Public Service Commission in Public Service Commission Docket No. 3905-U and 3921-U, and which is also known as the Economic Development Fund.
50-5-193.
The Georgia Technology Authority is authorized and directed to develop a consolidated, integrated, state-wide shared use distance learning and telemedicine network and to implement same at the earliest possible time. The authority shall be responsible for the management and administration of the consolidated state-wide network and shall provide all the distance learning and telemedicine service requirements of the schools and medical facilities whose applications are approved by the governing board.
50-5-194.
Reserved.
50-5-195.
The Georgia Technology Authority is authorized to withdraw funds from the Universal Service Fund for the purchase, lease, or other forms of acquisition of the common components, network facilities, and other commonly shared items of the state-wide distance learning and telemedicine network infrastructure and for the payment of all salaries, wages, or any other costs incidental to the planning and provision of the state-wide, shared use network as approved by the governing board.
50-5-196.

(a) There is established a Distance Learning and Telemedicine Network Governing Board.
(b) The governing board shall consist of 11 members and shall be comprised of the following: the executive director of the Georgia Technology Authority, the director of the Office of Planning and Budget, the State

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School Superintendent, the commissioner of technical and adult education, the executive director of the Georgia Public Telecommunications Commission, a member of the Public Service Commission to be appointed by the Governor, a rural hospital administrator with telemedicine network experience to be appointed by the Governor, a rural physician with telemedicine network experience to be appointed by the Governor, a member of the House of Representatives to be appointed by the Speaker of the House of Representatives, a member of the Senate to be appointed by the President of the Senate, and the Chancellor of the University System of Georgia, or their appointed representatives. The executive director of the Georgia Technology Authority shall serve as the chairperson of the governing board. The governing board shall elect from its members such other officers as are considered necessary to serve terms of one year each; provided, however, no person shall hold the same office for more than two consecutive terms.
(c) It shall be the function of the governing board and the governing board shall have the power, duty, and authority to set policies, review applications, and award funding for the state-wide distance learning and telemedicine network in accordance with Code Sections 50-5-198 and 50-5-199.
(d) The governing board shall hold meetings as often as it determines to do so. The governing board may establish a regular meeting schedule and a procedure for calling special meetings. Unless the governing board establishes another procedure, the chairperson or any six members of the governing board may call a special meeting upon adequate written, personal, telephone, e-mail, or facsimile notice to governing board members. Six members of the governing board shall constitute a quorum for conducting business, and a majority of those present at any meeting shall be required to approve any action taken by the governing board. A member must be present at a meeting to count for purposes of determining whether a quorum exists and to vote and otherwise act in matters which come before that meeting. The governing board may establish such additional rules and procedures as it deems appropriate for conducting its business from time to time. These rules and procedures may be established in bylaws or in such other form as the governing board deems appropriate.
(e) Members of the governing board shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this part in accordance with state travel regulations promulgated by the Office of Planning and Budget and the Department of Audits and Accounts in the same manner that employees of the state merit system are reimbursed.

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(f) The governing board shall prepare and submit annually to the Governor and the General Assembly a report detailing its activities and operations for the prior year, to include but not be limited to information as to the number of applications received, the identities of the applicants, the identities of those applicants awarded funding, and the respective award amounts.
50-5-197.
The Georgia Technology Authority shall be sole administrator of the Universal Service Fund, with full power and authority to distribute funds pursuant to the funding awards of the governing board and to otherwise administer the fund for and in accordance with the purposes of this part.
50-5-198.
(a) Schools desiring to become a part of the state-wide distance learning network shall make application to the governing board, which application shall contain:
(1) A statement of need; and
(2) A description of the proposed distance learning system for that school, which shall include projected equipment needs, projected network or transport needs, planned curriculum, the number of students having access to the system, and all other associated needs, with an itemized cost statement for each element of the proposed system.
(b) Upon receipt of the application described in subsection (a) of this Code section, the governing board shall consider the application of the school and the cost statements attendant thereto and shall make a determination regarding the merits of the application.
(c) In considering the merits of the application, the governing board shall consider:
(1) The number of students to be served by the proposed system;

(2) The geographic location of the applicant and whether the granting of the application would contribute to the creation of a state-wide network;

(3) Whether the proposed curriculum meets a special need;
(4) The relative costs of the proposal in relationship to the relative benefit to the public interest; and
(5) Whether the system as proposed is technologically compatible with the preexisting distance learning network.
(d) Upon a determination that the application is meritorious, the governing board shall issue a finding that it will award funds sufficient to cover documented actual costs of construction of the system to the applicant from the

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Universal Service Fund. The actual award of funds will occur upon completion of construction. Such documented actual costs may not include any capability not used for distance learning, and to the extent that facilities are used for distance learning as well as for other uses the documented actual costs will be prorated accordingly. Documentation of actual costs, which may include but shall not be limited to an affidavit of expenditures accompanied by supporting data, will be submitted to the Georgia Technology Authority upon completion of construction for determination of the specific amount to be awarded.
(e) In addition to the award of actual costs described in subsection (d) of this Code section, the governing board may award sufficient funds to the applicant to cover 50 percent of documented recurring costs for a period of two years.
(f) The Georgia Technology Authority, as administrator of the Universal Service Fund, shall make distributions from the fund in accordance with the awards of the governing board under this part.
50-5-199.

(a) Medical facilities desiring to become a part of the state-wide telemedicine network shall make application to the governing board, which application shall contain:
(1) A statement of need; and
(2) A description of the proposed telemedicine system for that medical facility which shall include projected equipment needs, projected network or transport needs, planned uses and capabilities, the number of patients having access to the system, and all other associated needs, with an itemized cost statement for each element of the proposed system.
(b) Upon receipt of the application described in subsection (a) of this Code section, the governing board shall consider the application of the medical facility and the cost statements attendant thereto and shall make a determination regarding the merits of the application.
(c) In considering the merits of the application, the governing board shall consider:
(1) The number of patients to be served by the proposed system;
(2) The geographic location of the applicant and whether the granting of the application would contribute to the creation of a state-wide network;
(3) Whether the proposed capability meets a special need;
(4) The relative costs of the proposal in relationship to the relative benefit to the public interest; and

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(5) Whether the system as proposed is technologically compatible with the preexisting telemedicine network.

(d) Upon a determination that the application is meritorious, the governing board shall issue a finding that it will award funds sufficient to cover documented actual costs of construction of the system to the applicant from the Universal Service Fund. The actual award of funds will occur upon completion of construction. Such documented actual costs may not include any capability not used for telemedicine, and to the extent that facilities are used for telemedicine as well as for other uses the documented actual costs will be prorated accordingly. Documentation of actual costs, which may include but shall not be limited to an affidavit of expenditures accompanied by supporting data, will be submitted to the Georgia Technology Authority upon completion of construction for determination of the specific amount to be awarded.

(e) In addition to the award of actual costs described in subsection (d) of this Code section, the governing board may award sufficient funds to the applicant to cover 50 percent of documented recurring costs for a period of two years.
(f) The Georgia Technology Authority, as administrator of the Universal Service Fund, shall make distributions from the fund in accordance with the awards of the governing board under this part.

50-5-200.

(a) Except as further provided in subsection (b) of this Code section, all funds remaining in the Universal Service Fund as of March 20, 1992, which are not used for qualifying hardship assistance filings shall be used solely for the purpose of funding awards by the governing board and the other distance learning and telemedicine purposes provided under this part. Qualifying hardship assistance filings are those hardship assistance filings approved by the Public Service Commission pursuant to Public Service Commission Docket No. 3921-U before March 20, 1992, which result in payments to the successful applicant for a period not to exceed two years from the date of filing.

(b) For a period of three years after March 20, 1992, an amount not to exceed $23 million may be used from the Universal Service Fund for the purpose of offsetting transitional expenses and costs associated with the 16 mile calling radius as permitted under subsection (g) of Code Section 46-2-25.2. The Georgia Technology Authority, as sole administrator of the Universal Service Fund, is authorized to make disbursements from the Universal Service Fund for such purposes upon proper certification of same by the Public Service Commission. Any portion of the $23 million not so disbursed by the Georgia Technology Authority for said purposes within three years after

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March 20, 1992, shall become available solely for the purpose of funding awards by the governing board and the other distance learning and telemedicine purposes provided for in this part.
50-5-201.
Any applicant receiving funds awarded by the governing board under this part must use the funds solely for the approved purpose of payment for construction, equipment, transport, recurring costs, and all other costs of establishing the system to the Georgia Technology Authority who provided goods and services used in establishing the system. Any funds not being used for the approved purpose must be returned to the Universal Service Fund.

50-5-202.

The Georgia Technology Authority may provide a means whereby private nonprofit schools and medical facilities may utilize and participate in the state-wide distance learning and telemedicine network upon such terms and under such conditions as the authority may establish; provided, however, such private nonprofit schools and medical facilities must bear the cost of such utilization and participation."
SECTION 7.
Said title is further amended in Chapter 25, relating to the GeorgiaNet Authority, by striking Code Section 50-25-1, relating to the establishment of the GeorgiaNet Authority, which reads as follows:

"50-25-1.

(a) There is established the GeorgiaNet Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions.

(b) As used in this chapter, the term:

(1) 'Authority' means the GeorgiaNet Authority.
(2) 'File' means a group of data consisting of a collection of related records which concern one or more functions of a state department, agency, board, bureau, commission, or authority, and which is treated as a single unit in an electronic data processing system.
(3) 'Record' means a group of related fields of data used to electronically store data about a subject, such as an employee, customer, vendor, or other individual, or a transaction.

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(c) The purpose of the authority shall be the centralized marketing, provision, sale, and leasing, or executing license agreements for access on line or in volume, of certain public information maintained in electronic format to the public, on such terms and conditions as may be determined to be in the best interest of the state in light of the following factors:
(1) The public interest in providing ready access to public state information for individuals, businesses, and other entities;

(2) The public interest in providing ready access to state information for other governmental entities, so as to better enable such other governmental entities to carry out their public purposes;

(3) Fair and adequate compensation to the state for costs incurred in generating, maintaining, and providing access to state information;

(4) Cost savings to the state through efficiency in the provision of public information;

(5) The avoidance of unfair competition with private enterprises engaged in the commercial provision of electronic data equipment, supplies, products, and services; and

(6) Such other factors as are in the public interest of the state and will promote the public health and welfare.",

and inserting in lieu thereof the following:

"50-25-1.
(a) There is established the Georgia Technology Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions. The Georgia Technology Authority shall be the successor in interest to the public corporation created by Ga. L. 1990, p. 1566, as amended from time to time thereafter, and known as the 'GeorgiaNet Authority,' and all rights, powers, and duties of that public corporation shall be vested in the Georgia Technology Authority, subject, however, to all debts, obligations, liabilities, and duties incurred by that public corporation.

(b) As used in this chapter, the term:

(1) 'Agency' means every state department, agency, board, bureau, commission, and authority but shall not include any agency within the judicial branch of state government or the University System of Georgia and shall also not include any authority statutorily required to effectuate the provisions of Part 4 of Article 9 of Title 11.
(2) 'Authority' means the Georgia Technology Authority as established in this chapter.

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(3) 'Board' means the board of directors for the Georgia Technology Authority.

(4) 'Chairperson' means the chairperson of the Georgia Technology Authority.

(5) 'Chief information officer' means the chief information officer of the State of Georgia provided for by Code Section 50-25-5.1.

(6) 'File' means a group of data consisting of a collection of related records which concern one or more functions of an agency and which is treated as a single unit in an electronic data processing system.

(7) 'GeorgiaNet Division' means the former GeorgiaNet Authority.

(8) 'Local government' means any county, city, or consolidated government in this state.

(9) 'Private sector' means any nongovernment, privately owned entity in this state.

(10) 'Public safety radio services' means all radio services of state, county, or municipal governments, as defined in Part 89 of the Rules and Regulations of the Federal Communications Commission.

(11) 'Record' means a group of related fields of data used to electronically store data about a subject, such as an employee, customer, vendor, or other entity, or a transaction.

(12) 'Technology' or 'technology resources' means hardware, software, and communications equipment, including, but not limited to, personal computers, mainframes, wide and local area networks, servers, mobile or portable computers, peripheral equipment, telephones, wireless communications, public safety radio services, facsimile machines, technology facilities including but not limited to, data centers, dedicated training facilities, and switching facilities, and other relevant hardware and software items as well as personnel tasked with the planning, implementation, and support of technology.

(13) 'Technology enterprise management' means methods for managing technology resources for all agencies, considering the priorities of state planners, with an emphasis on making communications and sharing of data among agencies feasible and ensuring opportunities of greater access to state services by the public.

(14) 'Technology policy' means processes, methods, and procedures for managing technology, technology resources, and technology procurement.

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(15) 'Technology portfolio management' means an approach for analyzing and ranking potential technology investments based upon state priorities and a cost benefit analysis to include, but not be limited to, calculated savings, direct and indirect, and revenue generation related to technology expenditures and selecting the most cost-effective investments. The minimization of total ownership costs, i.e. purchase, operation, maintenance, and disposal, of technology resources from acquisition through retirement while maximizing benefits is to be emphasized.

(c) The purpose of the authority shall be to provide for procurement of technology resources, technology enterprise management, and technology portfolio management as defined in this chapter, as well as the centralized marketing, provision, sale, and leasing, or execution of license agreements for access on line or in volume, of certain public information maintained in electronic format to the public, on such terms and conditions as may be determined to be in the best interest of the state in light of the following factors:
(1) The public interest in providing ready access to public state information for individuals, businesses, and other entities;

(2) The public interest in providing ready access to state information for other governmental entities, so as to enhance the ability of such other governmental entities to carry out their public purposes;

(3) Fair and adequate compensation to the state for costs incurred in generating, maintaining, and providing access to state information;

(4) Cost savings to the state through efficiency in the provision of public information; and

(5) Such other factors as are in the public interest of the state and will promote the public health and welfare.

(d) The authority shall assist political subdivisions and other entities created by the Constitution or laws of this state, or by local governments, by setting forth policy initiatives for guidance in the use of technology to improve services, reduce costs, encourage technological compatibility, and promote economic development throughout the state.

(e) Services related to the marketing, provision, sale, and leasing or licensing of public information as provided in subsection (c) of this Code section shall continue to be marketed under the service mark of GeorgiaNet."

SECTION 8.

Said title is further amended by striking in its entirety Code Section 50-25-2, relating to the authority membership, and inserting in lieu thereof the following:

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"50-25-2.
(a) The authority shall consist of 11 members as follows: two members appointed by the Lieutenant Governor; two members appointed by the Speaker of the House of Representatives; and seven members appointed by the Governor. The Governor shall designate a member of the authority to serve as chairperson of the authority. All of the aforesaid members shall be individuals employed in the private sector who shall have experience in technology issues concerning large public or private organizations or entities. The initial membership of the authority shall be appointed for terms of office as follows:
(1) The Lieutenant Governor shall appoint one member for a term of one year and one member for a term of three years;
(2) The Speaker of the House shall appoint one member for a term of one year and one member for a term of three years; and
(3) The Governor shall appoint four members for terms of one year and three members for a term of three years.

The terms of all succeeding members shall be for three years. The authority may elect a vice chairperson and a secretary and any other officers deemed appropriate. In addition to all other members provided for in this subsection, there shall be one nonvoting ex officio member of the authority who shall be appointed by and serve at the pleasure of the Chief Justice of the Supreme Court.

(b) Each member of the authority may be authorized by the authority to receive an expense allowance and reimbursement from funds of the authority in the same manner as provided for in Code Section 45-7-21. Except as specifically provided in this subsection, members of the authority shall receive no compensation for their services.
(c) Seven members of the authority shall constitute a quorum; and the affirmative votes of six members of the authority shall be required for any action to be taken by the authority.
(d) There shall be an executive director of the authority to be titled the chief information officer and to be selected in the manner and to have the powers and duties set forth in Code Section 50-25-5.1.
(e) The authority may make rules and regulations for its own government.
(f) The authority shall have perpetual existence."

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SECTION 9.

Said title is further amended by striking Code Section 50-25-3, relating to the administration of the authority, and inserting in lieu thereof the following:

"50-25-3.
(a) The authority shall be assigned for administrative purposes to the Department of Administrative Services, as provided for in Code Section 50-4-3.

(b) The Attorney General shall provide legal services for the authority, in the same manner provided for in Code Sections 45-15-13 through 45-15-16."
SECTION 10.

Said title is further amended by striking in its entirety Code Section 50-25-4, relating to the general powers of the authority, and inserting in lieu thereof the following:
"50-25-4.
(a) The authority shall have the following powers:
(1) To have a seal and alter the same at its pleasure;

(2) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created;
(3) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority;

(4) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof;

(5) To contract with state agencies or any local government for the use by the authority of any property, facilities, or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the authority; and such state agencies and local governments are authorized to enter into such contracts;

(6) To fix and collect fees and charges for data, media, and incidental services;

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(7) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds; and to use for its corporate purposes or redeposit or reinvest interest earned on such funds;

(8) To establish standards for agencies to submit information technology plans to the authority. Standards shall include without limitation content, format, and frequency of submission;
(9) To provide and approve a technology plan to include strategic planning and direction for technology acquisition, deployment development, and obsolescence management as well as a communications plan to manage costs for voice, video, data, and messaging services for all agencies. The state technology plan shall incorporate plans from agencies and other sources;
(10) To set technology policy for all agencies except those under the authority, direction, or control of the General Assembly or state-wide elected officials other than the Governor;
(11) To prescribe procedures for the procurement of technology resources for agencies;

(12) To provide oversight and program management for all technology resources for projects exceeding a cumulative investment of $1 million to accomplish goals of technology portfolio management;

(13) To require agencies to submit periodic reports at such frequency and with such content as the board shall define;
(14) To prepare fiscal impact statements relating to necessary modifications and development of technology to support policies required by proposed legislation;
(15) To establish architecture for state technology infrastructure to promote efficient use of resources and to promote economic development;
(16) To provide processes and systems for timely and fiscally prudent management of the state's financial resources to include, without limitation, cash management;
(17) To establish advisory committees from time to time, including, without limitation, a standing advisory committee composed of representatives from agencies which shall make recommendations to the authority concerning such matters as policies, standards, and architecture;
(18) To coordinate with agencies, the legislative and judicial branches of government, and the Board of Regents of the University System of Georgia, regarding technology policy;

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(19) To coordinate with local and federal governments to achieve the goals of the authority;

(20) To identify and pursue alternative funding approaches;

(21) To establish technology security standards and services to be used by all agencies;

(22) To conduct technology audits of all agencies;

(23) To facilitate and encourage the conduct of business on the Internet;

(24) To expand and establish policies necessary to ensure the legal authority and integrity of electronic documents;

(25) To provide and approve as part of the state technology plan an implementation plan and subsequent policies and goals designed to increase the use of telecommuting among state employees;

(26) To create a center for innovation to create applications of technology that will yield positive, measurable benefits to the state;

(27) To establish benchmarks for contracts requiring approval by the board;
(28) To canvass sources of supply and to contract for the lease, rental, purchase, or other acquisition of all technology resource related supplies, materials, services, and equipment required by the state government or any of its agencies under competitive bidding or to authorize any agency to purchase or contract for technology;

(29) 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;
(30) To establish processes, specifications, and standards for procurement, which shall apply to all technology to be purchased, licensed, or leased by any agency;

(31) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; and

(32) To do all things necessary or convenient to carry out the powers conferred by this chapter.

(b) The authority shall transfer to the general fund of the state treasury any funds of the authority determined by the authority to be in excess of those needed for the corporate purposes of the authority."

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SECTION 11.

Said title is further amended by inserting after Code Section 50-25-5 a new Code Section 50-25-5.1 to read as follows:

"50-25-5 .1.
(a) There is created the position of the chief information officer for the State of Georgia who shall be both appointed and removed by a vote of a majority of the full membership to which the authority is entitled. The authority shall determine the compensation of the chief information officer. The chief information officer shall serve as the executive director of the authority.

(b) Subject to the general policy established by the authority, the chief information officer shall have the following powers and duties in addition to those otherwise enumerated in this chapter:

(1) To supervise, direct, account for, organize, plan, administer, and execute the functions required of the chief information officer by the authority;
(2) To provide assistance to agency heads in evaluating information officer performance for each agency and in selection of candidates for such positions;
(3) To establish performance management standards, approved by the board regarding success of projects, agency technology performance, and authority performance;

(4) To submit an annual and a three-year technology plan, updated annually, and an annual budget for approval and adoption by the board;
(5) To review periodic reports submitted by agencies;

(6) To hire officers, agents, and employees, prescribe their duties and qualifications, and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director. The executive director and other employees of the authority shall be considered state employees in the unclassified service of the State Merit System of Personnel Administration for the purposes of benefits administered by the merit system and for retirement purposes. Any officer or employee of the authority who is already a member of the Employees' Retirement System of Georgia by virtue of services with another employer shall be entitled to credit for his or her services and shall not suffer any loss of such credit to which he or she is otherwise entitled. There shall be paid from the funds appropriated or otherwise available for the operation of the Georgia Technology Authority all employer's contributions required under this chapter;

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(7) To contract for the services of individuals or organizations not employed full time by the authority who or which are engaged primarily in the rendition of personal services rather than the sale of goods or merchandise, such as, but not limited to, the services of attorneys, accountants, systems engineers, consultants, and advisers, and to allow suitable compensation for such services; and to make provisions for group insurance, retirement, or other employee benefit arrangements, provided that no part-time or contract employees shall participate in group insurance or retirement benefits; and

(8) To perform such other duties as the authority may direct from time to time."

SECTION 12.

Said title is further amended by inserting after Code Section 50-25-7 new Code Sections 50-25-7.1, 50-25-7.2, 50-25-7.3, 50-25-7.4, 50-25-7.5, 50-25-7.6, 50-25-7.7, 50-25-7.8, 50-25-7.9, 50-25-7.10, 50-25-7.11, 50-25-7.12, and 50-25-7.13 to read as follows:
"50-25-7.1.

(a) The authority is authorized and directed to establish a technology empowerment fund to be administered by the authority. The fund shall consist of such moneys appropriated or otherwise available to the authority as the board may determine from time to time to deposit therein. Subject to the appropriations process, the decision-making and priority-setting responsibilities for allocating these funds are vested in the chief information officer and the director of the Office of Planning and Budget.
(b) The chief information officer is authorized to identify and select individual projects, initiatives, and systems to improve service delivery to be funded through the technology empowerment fund. Such projects shall demonstrate, to the satisfaction of the chief information officer, reduced costs through the use of technology. In identification and selection of such projects, initiatives, and systems, the chief information officer shall give priority to those which provide demonstrable cost savings and improved service delivery on a recurring basis through the employment of technology and training. Eligible projects, initiatives, and systems to receive disbursements from the technology empowerment fund may be selected from agency budget requests. Quarterly reports of the operations of the technology empowerment fund shall be required to be made to the board, the Office of Planning and Budget, and the Legislative Budget Office to ensure proper oversight and accountability.

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(c) Each project or initiative developed and supported from the technology empowerment fund shall employ technology that is compatible with the architecture and standards established by the authority and shall be accounted for by a discrete account established for the individual project or initiative item in the operating budget and capital budget.

(d) A steering committee composed of the chairperson of the House Appropriations Committee or his or her designee from among the membership of the committee, the chairperson of the Senate Appropriations Committee or his or her designee from among the membership of the committee, the director of the Office of Planning and Budget, the legislative budget analyst, the state auditor, and a representative from the Governor's office shall advise and consult with the chief information officer regarding initiatives to receive funding from the technology empowerment fund and shall receive quarterly reports from the chief information officer as to the status of funded projects.

50-25-7.2.

(a) All agencies shall contract through the authority for any technology resource purchase of such agency exceeding $100,000.00; provided, however, that the provisions of this Code section shall not have application to fulltime state personnel tasked with the planning, implementation, and support of technology. The authority shall be authorized to act as the agent of any agency for such purposes. No agency shall divide purchases so as to avoid the thresholds provided for in this Code section and Code Section 50-25-7.3.

(b) Any agency whose direct or indirect appropriation for technology resources is less than $50,000.00 shall not be required to contract through the authority for the purchase of such technology resources.

(c) Nothing in this Code section shall exempt any technology resource purchase from the technical standards and specifications established by the authority unless specifically provided by action of the authority; provided, however, that technical standards established by the authority shall not conflict with mandated federal technical standards or requirements associated with the state administration of federally funded programs.
50-25-7.3.

(a) Except as otherwise provided in this chapter, authority contracts shall be awarded by soliciting competitive sealed proposals or competitive sealed bids, as follows:

(1) Proposals or bids shall be solicited through a request for proposals or bids;

(2) Adequate public notice of the request for proposals or bids shall be given;

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(3) A register of proposals and bids identifying submitting vendors shall be prepared and made available for public inspection;

(4) The request for proposals or bids shall describe the evaluation factors to be considered in the award of the contract;

(5) The terms of the request for proposals or bids may allow for discussions or revisions but shall provide for fair and equal treatment of all vendors. In conducting discussions there shall be no disclosure of any information derived from proposals or bids submitted by competing vendors; and
(6) The award shall be made to the responsible vendor or vendors complying with the technology and architecture standards and policies of the authority whose proposal or bid was timely and is determined in writing to be the most advantageous to the state, taking into consideration the evaluation factors set forth in the request for proposals or bids. No other factors or criteria shall be used in the evaluation.

(b) When proposals or bids received pursuant to this Code section are unreasonable or unacceptable, are noncompetitive, or exceed available funds and it is determined in writing by the authority that time or other circumstances will not permit the delay required to resolicit competitive proposals or bids, a contract may be negotiated pursuant to this Code section, provided that each qualified vendor who submitted such a proposal or bid under the original solicitation is notified of the determination and is given a reasonable opportunity to negotiate.

(c) Every proposal or bid solicited pursuant to this Code section, together with the name of the vendor, shall be recorded, and all such records shall, after award or letting of the contract, be subject to public inspection upon request. Sealed proposals or bids shall be opened in public by the authority, which shall canvass the proposals or bids and award the contract according to the terms of this chapter.
(d) On all sealed proposals or bids received or solicited by the authority the following certificate of independent price determination shall be used:

'I certify that this proposal (or bid) is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal (or bid) for the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this proposal (or bid) and certify that I am authorized to sign this proposal (or bid) for the vendor.'

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(e) The authority is authorized to promulgate rules and regulations to implement the procedures of this Code section or by rule and regulation to implement alternative purchasing procedures advantageous to the state. All rules and regulations relating to implementation of purchasing procedures shall be adopted through public publication, notice, and comment pursuant to and subject to Code Sections 50-13-4, 50-13-6, 50-13-7, and 50-13-8, and the authority shall be considered an agency for purposes of such Code sections.
50-25-7.4.
Prospective suppliers may be prequalified for particular types of supplies, services, goods, materials, and equipment at the discretion of the authority. Solicitation mailing lists of potential contractors shall include, but shall not be limited to, such prequalified suppliers. The award of contracts, however, may be conditioned upon prequalification.
50-25-7.5.
(a) If the needed supplies, materials, or equipment can reasonably be expected to be acquired for less than $2,500.00 and are not available on state contracts or through statutorily required sources, the purchase may be effectuated without competitive bidding.
(b) Nothing in this Code section shall apply to or affect the laws, rules, and regulations governing emergency purchases.
50-25-7.6.

In case of any emergency arising from any unforeseen causes, including delay by contractors, delay in transportation, breakdown in machinery, unanticipated volume of work, or upon the declaration of a state of emergency by the Governor, the authority shall have power to purchase in the open market any necessary supplies, materials, or equipment for immediate delivery to any agency. A report on the circumstances of the emergency and the transactions thereunder shall be duly recorded in a book or file to be kept by the authority.
50-25-7.7.

(a) Neither the executive director nor any employee of the authority shall be financially interested or have any personal beneficial interest either directly or indirectly in the purchase of or contract for any materials, equipment, or supplies, nor in any such firm, corporation, partnership, or association furnishing any such supplies, materials, or equipment to agencies or the authority. Except as provided in subsection (b) of this Code section, it shall be unlawful for the executive director or any of his or her assistants or any employee of the authority to accept or receive, directly or indirectly, from

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any person, firm, or corporation to whom any contract may be awarded any money or anything of more than nominal value or any promise, obligation, or contract for future reward or compensation.
(b) Nothing in this Code section shall preclude the executive director or any of his assistants or any employee of the authority from attending seminars, courses, lectures, briefings, or similar functions at any manufacturer's or vendor's facility or at any other place if any such seminar, course, lecture, briefing, or similar function is for the purpose of furnishing the executive director, assistant, or employee with knowledge and information relative to the manufacturer's or vendor's products or services and is one which the executive secretary to the Governor determines would be of benefit to the authority and to the state. In connection with any such seminar, course, lecture, briefing, or similar function, nothing in this Code section shall preclude the executive director, assistant, or employee from receiving meals from a manufacturer or vendor. Nothing in this Code section shall preclude the executive director, assistant, or employee from receiving educational materials and business related items of not more than nominal value from a manufacturer or vendor.
(c) Nothing contained in this Code section shall permit the executive director, assistant, or employee to accept free travel from the manufacturer or vendor outside the State of Georgia or free lodging in or out of the State of Georgia.
(d) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and shall be removed from office.

50-25-7.8.
Whenever any agency required by this chapter and the rules and regulations adopted pursuant to this chapter applying to the purchase of supplies, materials, or equipment through the authority shall contract for the purchase of such supplies, materials, or equipment contrary to this chapter or the rules and regulations made pursuant to this chapter, such contract shall be void and of no effect. If any official of such agency willfully purchases or causes to be purchased any supplies, materials, or equipment contrary to this chapter or the rules and regulations made pursuant to this chapter, such official shall be personally liable for the cost thereof; and, if such supplies, materials, or equipment are so unlawfully purchased and paid for out of the state funds, the amount thereof may be recovered in the name of the state in an appropriate action instituted therefor.
50-25-7.9.
(a) As used in this Code section, the term 'person' includes natural persons, firms, partnerships, corporations, or associations.

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(b) It shall be unlawful for any employee or official of the state or any other person to purchase, directly or indirectly, through the authority any article, material, merchandise, ware, commodity, or other thing of value for the personal or individual ownership of himself or herself or other person or persons. All articles, materials, merchandise, wares, commodities, or other things of value purchased, directly or indirectly, by or through the authority shall be and remain the property of the state until sold or disposed of by the state in accordance with the laws governing the disposition or sale of other state property.
(c) It shall be unlawful for any person knowingly to sell or deliver any article, material, merchandise, ware, commodity, or other thing of value to any person, directly or indirectly, by or through the authority for the individual and personal ownership of such person or other person or persons except that property of the state may be sold or otherwise disposed of in accordance with the laws governing the sale or other disposition of state property.

(d) Any person who violates any provision of this Code section shall be guilty of a misdemeanor.

50-25-7.10.

The executive director shall submit to the director of the Office of Planning and Budget and the state auditor on a quarterly basis a report of all activity regarding technology and technology resources for each agency and the authority. The report shall accurately represent all financial details including current cash balances, line item detail on expenditures including systems development, personal services, and equipment from the previous quarter and anticipated expenditures for the upcoming quarter, projected year-end balance, depreciated value of capital equipment, and balances of reserve funds established for capital equipment, as well as a status report on personnel position changes including new technology related positions created and existing technology related positions eliminated. The authority spending reports shall comply with the state accounting system object codes.

50-25-7.11.

The Governor shall have the authority to transfer the technology resources as provided in this chapter of all state agencies, except those under the authority, direction, or control of the General Assembly or state-wide elected officials other than the Governor, to the authority. This Code section shall be implemented by executive order of the Governor, and the Governor shall have the authority to implement this Code section in whole or in part, in phases or stages, or in any manner or sequence which he or she may deem appropriate. In making such transfer, the Governor shall consult with the head of the agency affected and shall assure that the transfer shall not interrupt such agency's services.

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50-25-7.12.

The authority, the Office of Planning and Budget, and the state auditor shall jointly develop a system for budgeting and accounting of expenditures for technology resources. This system must integrate seamlessly with the technology portfolio management system. Annual reports regarding technology shall be coordinated by the authority with the Office of Planning and Budget and the state auditor and submitted to the Governor, General Assembly, and the board on or before October 1 of each year. The authority may adopt an accrual method of accounting.

50-25-7.13.
(a) The authority shall adopt procedures to ensure that the authority and agencies do not acquire, reproduce, distribute, or transmit computer software in violation of United States copyright laws and applicable licensing restrictions.

(b) The authority shall establish procedures to ensure that each agency has present on its computers and uses only computer software that complies with United States copyright laws and applicable licensing restrictions. These procedures may include, without limitation:
(1) Preparing agency inventories of the software present on its computers;

(2) Determining what computer software the agency has the authorization to use; and
(3) Developing and maintaining adequate record-keeping systems."
SECTION 13.

Chapter 29 of Title 50 of the Official Code of Georgia Annotated, the "Information Technology Policy Act of 1995," is amended by striking in their entirety Code Sections 50-29-1 through 50-29-11, which read as follows:

"50-29-1. This chapter shall be known and may be cited as the 'Information Technology Policy Act of 1995.' 50-29-2.

(a) The General Assembly finds and declares that information technology is a critically important resource to successful, competitive business organizations and to service oriented government agencies in Georgia.
(b) It is the intent of the General Assembly that state government become more service oriented to the general public and to organizations within the private sector. It is the further intention of the General Assembly that state

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government should expand its use of technology and identify ways in which technology can improve the delivery of services to the public. Such improvements are to include, but are not to be limited to:

(1) The elimination of paper records, insofar as possible, in order to increase government efficiency;

(2) The provision of a simplified and more efficient manner for filing paper or electronic documents in order to make such requirements less burdensome for citizens;

(3) The ability for all citizens to have easy electronic access to public data, within necessary security restrictions;

(4) The ability to submit payments and receive refunds electronically in order to facilitate such activities for citizens;

(5) The ability for all state agencies to have access to and exchange state information freely and easily, within necessary security restrictions, in order to reduce redundancy and to increase agency efficiency;

(6) The ability to be flexible and adaptable in order to avoid obsolescence and provide maximum benefits to all citizens; and

(7) Other improvements as appropriate. (c) It is the further intent of the General Assembly that:

(1) State government provide the leadership needed to maximize the application of information technology as a means for promoting economic development across the state and thereby improve the quality of life for all Georgians;

(2) State agencies should maximize efficiency and resources and avoid duplication in the implementation of information technology. To achieve this efficiency, there should be coordination of efforts, when similar client populations are affected, in the development or installation, or both, of information technology based services. The coordination of such activities should occur among divisions of an agency, among agencies, and across jurisdictions as appropriate; and

(3) The Georgia Information Technology Policy Council shall develop and implement plans, policies, and standards to effectuate the legislative intent described in this Code section. The general approach of such council in carrying out its mission shall be to develop a strategic plan addressing these state level needs and purposes. Any further policies, standards, and other actions necessary to achieve the objectives in the approved plan shall be implemented by such council.

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50-29-3. As used in this chapter, the term:

(1) 'Agency' means state agencies, authorities, boards, and commissions.

(2) 'Chairperson' means the chairperson of the Georgia Information Technology Policy Council.
(3) 'Chief information officer' means the chief information officer of the Georgia Information Technology Policy Council.

(4) 'Council' means the Georgia Information Technology Policy Council.
(5) 'Local government' means any county, city, or consolidated government in this state.

(6) 'Private sector' means any nongovernment, privately owned entity in this state.

50-294.
(a) (1) The Georgia Information Technology Policy Council is created.
(2) The council shall be composed of 18 members. Nine of the memb<:_rs shall represent state agencies, two shall represent local governments, and seven shall represent the private sector.

(3) The nine members representing state agencies shall be as follows:
(A) The commissioner of administrative services, or such commissioner's designee;
(B) The director of the Office of Planning and Budget, or such director's designee;
(C) The chancellor of the University System of Georgia, or such chancellor's designee;

(D) The State School Superintendent, or such superintendent's designee;

(E) The executive director of the Georgia Public Telecommunications Commission, or such executive director's designee;
(F) The state auditor, or such auditor's designee;

(G) The commissioner of transportation, or such commissioner's designee;
(H) The commissioner of technical and adult education, or such commissioner's designee; and

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(I) The commissioner of community affairs, or such commissioner's designee.
(4) The two members representing local governments shall be appointed by the Governor. The Governor shall designate the initial terms of the members of the council from local governments as follows: one member shall be appointed for a term of two years, expiring June 30, 1997; and one member shall be appointed for a term of three years, expiring June 30, 1998. Thereafter, all successors shall be appointed for a term of three years and until such person's successor is appointed and qualified.

(5) The seven members representing the private sector shall be appointed by the Governor. The Governor shall designate the initial terms of the members of the council from the private sector as follows: two members shall be appointed for a term of one year, expiring June 30, 1996; two members shall be appointed for a term of two years, expiring June 30, 1997; and three members shall be appointed for a term of three years, expiring June 30, 1998. Thereafter, all successors shall be appointed for a term of three years and until such person's successor is appointed and qualified.
(b) Vacancies on the council shall be filled as follows:

(1) For appointees representing state agencies, any vacancy shall be filled by the successor to the position which becomes vacant;
(2) For appointees representing local governments, vacancies shall be filled by appointment by the Governor in the same manner as the appointment to the position on the council which becomes vacant. An appointment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term;
(3) For appointees representing the private sector, vacancies shall be filled by appointment by the Governor in the same manner as the appointment to the position on the council which becomes vacant. An appointment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term.

(c) The Governor shall appoint a chairperson from the private sector membership of the council, and said appointee shall be the presiding officer of the council.
(d) The council may elect a vice chairperson and a secretary and any other officers deemed appropriate.

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50-29-5.
(a) Meetings of the council shall be held at the call of the chairperson or upon the request of a majority of the councilmembers. Meetings may be held in person, by telephone, or by any other electronic means at the option of the council.
(b) Nine members of the council shall constitute a quorum; and the affirmative votes of a majority of the members present at a meeting shall be required for any action to be taken by the council but shall not be less than a majority of those authorized to be appointed to the council.

(c) Each member of the council who is not otherwise a state officer or employee is authorized to receive an expense allowance and reimbursement from funds of the council in the same manner as provided for in Code Section 45-7-21. Each member of the council who is otherwise a state officer or employee shall be reimbursed by the agency of which he or she is an officer or employee for expenses actually incurred in the performance of his or her duties as a member of the council. Except as specifically provided in this subsection, members of the council shall receive no compensation for their services.
50-29-6.
The council shall have the following powers and duties:

(1) Provide strategic planning and direction for information technology deployment and development;
(2) Set information technology policy for the executive branch of state government including all state agencies, the board of regents, and all authorities;
(3) Formulate and promulgate standards which promote an open architecture of computer systems and technology systems and facilitate the communication of information and data among public sector agencies and jurisdictions, private sector organizations, and the general public. Such standards shall be compatible with national and international computer and technology standards;
(4) Establish private and public sector advisory committees to explore opportunities of shared infrastructure and data and for other purposes. Such committees shall include a standing state agency advisory committee composed of representatives from agencies in all branches of state government;

(5) Coordinate with the legislative and judicial branches of state government;

(6) Coordinate with local and federal governments;

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(7) Identify alternative funding approaches;

(8) Review the issue of ownership versus custodianship of information within state government and recommend legislation as needed to address this issue;
(9) Make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the council or to further the public purpose of the council; provided, however, all such contracts shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title;

(10) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of personal property of every kind and character or any interest therein, in furtherance of the public purpose of the council; provided, however, all such acquisitions, purchases, leases, or disposal of personal property shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title;
(11) Apply for and accept any gifts or grants or loan guarantee or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof;

(12) Contract with private sector organizations for goods and services; provided, however, all such contracts shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title;
(13) Contract with state agencies or any local government for the use by the council of any property, facilities, or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the council; and such state agencies and local governments are authorized to enter into such contracts; provided, however, all such contracts shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title;
(14) Coordinate with other state agencies and authorities to establish policies concerning access to information and to establish fees and charges for data, media, and incidental services;

(14.1) Investigate and recommend a public key infrastructure policy which shall consist of a state sanctioned method of ensuring the legal authority and integrity of electronic documents; and
(15) Do all things necessary or convenient to carry out the powers conferred by this chapter.

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279

50-29-7.

(a) There is created the position of chief information officer who shall be both appointed and removed by the council. The council shall set the salary for the chief information officer.

(b) Subject to the general policy established by the council, the chief information officer shall have the following powers and duties:

(1) To supervise, direct, account for, organize, plan, administer, and execute the functions required of the chief information officer by the council;

(2) To employ such other professional, technical, and clerical personnel as the chief information officer may deem necessary to carry out the duties prescribed as funds are made specifically available by the council.

(c) All employees of the chief information officer shall be in the unclassified service of the state merit system.

(d) The chief information officer shall work cooperatively and collaboratively with other state agencies to minimize such chief information officer's permanent staffing needs.

50-29-8.

The council shall be attached for administrative purposes only to the Office of Planning and Budget.

50-29-9.

(a) By September 1, 1995, in cooperation and coordination with state agencies, authorities, the Board of Regents of the University System of Georgia, the state judiciary, and the General Assembly, the council shall develop a state strategic plan for information technology deployment and development. This plan shall be updated annually and shall cover a five-year period. The state strategic plan shall contain a description of the future direction for information technology; a statement of the mission of state government in regards to information technology; a description of the current and anticipated future needs being addressed by such future direction and mission; a description of planned actions designed to address these needs, including an implementation timetable; a description of the evaluation system to be used to determine if the needs are being attained; an estimated annual cost for each planned action; and any other item the council deems necessary.

(b) By September 1, 1995, and each September 1 thereafter, each state agency, authority, the Board of Regents of the University System, the General Assembly, and the state judiciary shall submit to the council, concurrent with the submission of their official budget requests to the Office of Plan-

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ning and Budget, the Legislative Budget Office, and the chairperson and vice chairperson of the Budgetary Responsibility Oversight Committee a copy of those elements of their continuation and improvement budget requests that detail their information technology needs. The information technology continuation budget component shall contain a detailed analysis of the current information technology systems and the costs associated with such systems. The information technology improvement component shall contain a detailed analysis of each improvement item, including information regarding how this request corresponds to the agency strategic plan and the state information technology strategic plan.

(c) By November 1, 1995, and each November 1 thereafter, the council shall issue a report to the Office of Planning and Budget, the Legislative Budget Office, and the chairperson and vice chairperson of the Budgetary Responsibility Oversight Committee. This report shall include specific recommendations concerning each agency information technology budget request as to whether funding would be appropriate in regard to the state strategic plan and whether such request coordinates with and complements other agency budget requests.

50-29-10.

The Attorney General shall provide legal services for the council in the same manner provided for in Code Sections 45-15-13 through 45-15-16.

50-29-11.
All state agencies, authorities, commtssiOns, and boards are authorized and directed to provide assistance to the council, as requested, in the performance of the duties of the council.",
and inserting in lieu thereof the following:
"50-29-1.

The Georgia Technology Authority shall be the successor in interest to the Georgia Information Technology Policy Council created by Ga. L. 1995, p. 761, as amended, and all debts, obligations, and liabilities of said council shall become the debts, obligations, and liabilities of said authority.
50-29-2.

Reserved. 50-29-3. Reserved.

50-29-4. Reserved.

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50-29-5.

Reserved.

50-29-6. Reserved.

50-29-7. Reserved.

50-29-8. Reserved.

50-29-9.

Reserved.

50-29-10.

Reserved.

50-29-11.

Reserved."

SECTION 14.

Code Section 50-29-12 of the Official Code of Georgia Annotated, relating to authorization for state agencies to establish pilot projects to serve as models for application of technology, is amended by striking said Code section and inserting in lieu thereof the following:

"50-29-12.

(a) The General Assembly desires to promote economic development and efficient delivery of government services by encouraging state governmental agencies and private sector entities to conduct their business and transactions using electronic media.

(b) All state agencies, authorities, and boards are authorized to establish pilot projects, which are to serve as models for the application of technology such as electronic signatures, through public and private partnerships with private companies providing such technology related services. Such pilot projects shall be approved by the Georgia Technology Authority. Such projects shall consider both commercial and government applications, be inclusive of major categories of electronic signature technology, and be established through a request for proposal process. The pilot projects are intended to provide a proof of concept for the application of technology, such as electronic signatures, and to serve to educate the General Assembly and the public at large as to the benefits of electronic signatures as well as the

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role of state government in any future regulatory capacity. One such pilot project may involve digital signatures and the use of a public key infrastructure established by a service provider. Any private parUler chosen for these pilot projects may establish user fees to pay for the cost of these services so that no state funds would be required.

(c) State agencies establishing pilot projects shall submit quarterly progress reports on such projects to the Georgia Technology Authority, and the authority shall then submit such reports to the Electronic Commerce Study Committee. The authority shall monitor the success of such pilot projects and provide technical assistance to the extent that resources of the authority are available.
(d) There is created the Electronic Commerce Study Committee to be composed of 12 members. The committee shall study the issues relating to electronic records and signatures. The President of the Senate shall appoint five members to the committee, three of whom shall be members of the Senate and two of whom shall be citizen members with recognized interest and expertise in electronic commerce. The Speaker of the House of Representatives shall appoint five members to the committee, three of whom shall be members of such House and two of whom shall be citizen members with recognized interest and expertise in electronic commerce. The members of the committee shall serve for terms of office beginning at the time of their appointment and expiring December 31 of each even-numbered year. Vacancies occurring on the committee shall be filled in the same manner as the original appointment to serve out the remaining unexpired term of office. The President of the Senate and Speaker of the House of Representatives shall also each designate from among their legislator appointees one cochair of the committee to serve as cochair during their terms of office as a member of the committee. The Secretary of State shall appoint one member to the committee. The chief information officer of the Georgia Technology Authority shall also serve as a member of the committee. The committee, upon the call of either cochair, is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties, and accomplish its objectives and purposes. Members of the committee who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the committee, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the committee. Private persons appointed to the committee shall also be reimbursed for expenses incurred by them in the performance of their duties as members of the committee from funds available to the Department of Administrative Services. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees

GEORGIA lAWS 2000 SESSION

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shall come from funds appropriated to or otherwise available to their respective departments. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 15 of each year. The Electronic Commerce Study Committee created in this subsection shall be terminated on December 31, 2002, and this subsection shall be repealed in its entirety on December 31, 2002."

SECTION 15.

This Act shall become effective on July 1, 2000.

SECTION 16.

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

Approved April 10, 2000.

PUBLIC OFFICERS AND EMPLOYEES - lAW ENFORCEMENT OFFICERS; FIREMEN; INDEMNIFICATION WHEN PHYSICALLY BUT
NOT PERMANENTLY DISABLED IN LINE OF DUTY
Code Title 45, Chapter 9 Amended.
No. 498 (Senate Bill No. 377).
AN ACT
To amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to provide a program of compensation for law enforcement officers who become physically disabled, but not permanently disabled, as a result of physical injury incurred in the line of duty and caused by a willful act of violence and for firemen who become physically disabled, but not permanently disabled, as a result of a physical injury incurred in the line of duty while fighting a fire, which program shall entitle an injured law enforcement officer or fireman to receive monthly compensation from the state in an amount equal to such person's regular compensation for the period of time that the law enforcement officer or fireman is physically unable to perform the duties of his or her employment; to provide that such benefits provided in this Act shall not be granted for injuries resulting from a single incident for more than a total of 12 months; to provide certain exceptions and limitations with respect to such program of compensation; to provide for a statement of purpose; to define certain terms; to provide that benefits made available under this Act shall be subordinate to workers' compensation benefits and compensation benefits from an employer which the law enforcement officer or fireman is awarded and shall be limited to the difference between the amount of workers' compensation benefits and compensation benefits actually paid and the amount of the law enforcement officer's or fireman's regular compensation; to provide

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for applications for compensation; to provide for administration by the Georgia State Indemnification Commission; to provide for rules and regulations; to provide that compensation shall not be awarded where penal violation caused or contributed to disability; to prohibit the giving of false information or testimony; to provide a penalty for giving false information or testimony; to provide for liability with respect to funds paid as a result of false information or testimony; to provide a conditional effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, is amended by designating Code Sections 45-9-80 through 45-9-91 of Article 5, relating to law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, as Part 1 of said article, and by striking from Code Sections 45-9-80 through 45-9-91 wherever the same shall appear the word "article" and inserting in lieu thereof the word "part".

SECTION 2.

Said chapter is further amended by adding at the end of Article 5, relating to law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, a new Part 2 to read as follows:

"Part 2

45-9-101.

The purpose of this part is to implement the constitutional amendment ratified November 7, 2000, authorizing the General Assembly to provide a program of compensation for law enforcement officers who become physically disabled, but not permanently disabled, as a result of physical injury incurred in the line of duty and caused by a willful act of violence and for firemen who become physically disabled, but not permanently disabled, as a result of physical injury incurred in the line of duty while fighting a fire, which program shall entitle an injured law enforcement officer or fireman to receive monthly compensation from the state in an amount equal to such person's regular compensation for the period of time that the law enforcement officer or fireman is physically unable to perform the duties of his or her employment, not exceeding 12 months, and to provide certain exceptions and limitations with respect to such program of compensation.

45-9-102.

As used in this part, the term:

GEORGIA LAWS 2000 SESSION

285

(1) 'Commission' means the Georgia State Indemnification Commission created in Code Section 45-9-83.

(2) 'Fireman' means any person who is employed as a professional firefighter on a full-time basis by any municipal, county, or state government fire department employing three or more firemen 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.

(3) 'Full-time' means an employee who regularly works 30 hours or more each week.
(4) 'In the line of duty' means:

(A) With respect to a fireman, while on duty and performing duties during any fire or other emergency or performing duties intended to protect life and property; or

(B) With respect to a law enforcement officer or fireman, while on duty and performing services for and receiving compensation from the law enforcement or fire service agency which employs such officer or fireman, while off duty and responding to any situation which would save a life or preserve the peace, or while preventing or attempting to prevent the commission of a crime or fire. A law enforcement officer or fireman who is performing duties for and receiving compensation from a private employer at the time of such officer's or fireman's bodily injury, but not permanent disability, shall not be considered in the line of duty unless the officer or fireman has left the scope of his or her employment for the private employer for the direct purpose of enforcing or attempting to enforce fire service, the criminal or traffic laws, preserving or attempting to preserve public order, protecting or attempting to protect life or property, preventing or attempting to prevent a crime, detecting or attempting to detect crime, or investigating or attempting to investigate crime. The determination that a law enforcement officer or fireman was disabled in the line of duty and is entitled to compensation pursuant to this part shall not be considered in the determination of the entitlement of such officer to workers' compensation, disability, health, or other benefits from such officer's or fireman's public or private employer.

(5) 'Injured in the line of duty' means an injury which arises out of or in the course of employment in the line of duty. Going to or from work shall not be considered in the line of duty.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(6) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes prison guards as defined under Code Section 45-9-81 and the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision and employees designated and delegated law enforcement powers by the Public Service Commission pursuant to Code Sections 46-7-28 and 46-11-6, which personnel have the duty to enforce the laws relating to motor carriers and the transportation of hazardous materials.
45-9-103.
(a) Any law enforcement officer who becomes physically disabled, but not permanently disabled, on or subsequent to July 1, 2001, as a result of a physical injury incurred in the line of duty and caused by a willful act of violence committed by a person other than a fellow employee shall be entitled to receive compensation as provided in this Code section. Any fireman who becomes physically disabled, but not permanently disabled, on or subsequent to July 1, 2001, as a result of a physical injury incurred in the line of duty while fighting a fire shall be entitled to receive compensation as provided in this Code section. The compensation shall be paid to eligible applicants by the commission from funds appropriated to the commission for such purpose.
(b) Except as otherwise provided in this part, any law enforcement officer or fireman injured in the line of duty as provided in subsection (a) of this Code section shall receive monthly compensation from the commission in an amount equal to such person's regular compensation for the period of time that the law enforcement officer or fireman is physically unable to perform the duties of his or her employment; provided, however, that such benefits provided pursuant to this Code section for injuries resulting from a single incident shall not be granted for more than a total of 12 months. A law enforcement officer or fireman shall be required to submit to the commission satisfactory evidence of such disability.
(c) Benefits made available under this Code section shall be subordinate to any workers' compensation benefits, disability and other compensation benefits from the person's employer which the law enforcement officer or fire-

GEORGIA LAWS 2000 SESSION

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man is awarded and shall be limited to the difference between the amount of workers' compensation benefits and other compensation benefits actually paid and the amount of the law enforcement officer's or fireman's regular compensation.
(d) A law enforcement officer or fireman who collects benefits pursuant to this Code section shall not be entitled to any benefits under Code Section 45-7-9.
(e) A law enforcement officer or fireman who is disabled and who receives indemnification under Part 1 of this article as a result of an incident shall not be entitled to any compensation under this Code section for the disability resulting from the same incident. A law enforcement officer or fireman who initially receives benefits under this Code section but who is determined subsequently to be entitled to benefits under Part 1 of this article with respect to the same incident or whose beneficiary is determined subsequently to be entitled to benefits under Part 1 of this article shall be entitled only to the amount equal to the benefits to which the person would be entitled to under Part 1 reduced by the total amount of benefits received under this Code section.

45-9-104.
(a) An application for compensation with respect to a claim filed on or after July 1, 2001, for the disability of a law enforcement officer or fireman shall be submitted by that person within 30 days from the date of the incident resulting in disability.

(b) The commission is authorized to promulgate rules and regulations relative to the program of compensation provided in this part. Such rules and regulations may provide for initial investigation of claims and the issuance of subpoenas to facilitate such investigation, special masters, hearings, procedures for applications for compensation, and all other matters so as to enable the commission to carry out its duties fairly, properly, and equitably. The chairperson of the commission shall be authorized to contact other state agencies for the purpose of using the personnel and resources of such agencies to assist the commission in carrying out its duties.

45-9-105.

No compensation shall be awarded to any person otherwise entitled thereto who violates a penal law of this state which violation caused or contributed to the disability of the law enforcement officer or fireman.
45-9-106.

(a) Any person who shall knowingly give false information or false testimony causing or intending to cause the payment of compensation which would not otherwise be justified under this part shall be guilty of a misdemeanor.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) Any such person convicted under subsection (a) of this Code section shall be liable to the state for any funds paid as a result of such false information or testimony."
SECTION 3.

This Act shall become effective July 1, 2001, upon ratification by the voters of this state at the 2000 November general election of that proposed amendment to Article III, Section Vl, Paragraph V1 of the Constitution authorizing the General Assembly to provide a program of compensation for law enforcement officers who become physically disabled as a result of physical injury incurred in the line of duty and caused by a willful act of violence and for firemen who become physically disabled as a result of physical injury incurred in the line of duty while fighting a fire, which program shall entitle an injured law enforcement officer or fireman to receive monthly compensation from the state in an amount equal to such person's regular compensation for the period of time that the law enforcement officer or fireman is physically unable to perform the duties of his or her employment, provided that such benefits shall not be granted for injuries resulting from a single incident for more than a total of 12 months, and to provide certain exceptions and limitations with respect to such program of compensation; provided, however, that if such amendment is not so ratified, this Act shall be null and void and shall stand repealed in its entirety.

SECTION 4.

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

Approved April 12, 2000.

STATE GOVERNMENT - APPROPRIATIONS; SUPPLEMENTAL FOR S.F.Y 1999 - 2000.
No. 499 (House Bill No. 1162).
AN ACT
To amend an Act providing appropriations for the State Fiscal Year 19992000 known as the "General Appropriations Act", approved May 3, 1999 (Ga. L. 1999, p. 1071), so as to change certain appropriations for the State Fiscal Year 1999-2000; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA lAWS 2000 SESSION

289

SECTION 1.

An Act providing appropriations for the State Fiscal Year 1999-2000, as amended, known as the "General Appropriations Act" approved May 3, 1999 (Ga. L. 1999, p. 1071), is further amended by striking everything following the enacting clause through Section 62, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1999, and ending June 30, 2000, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $12,516,275,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 2000.

PART I. LEGISlATIVE BRANCH

Section 1. General Assembly. Budget Unit: General Assembly
Personal Services - Staff Personal Services - Elected Officials Regular Operating Expenses Travel - Staff Travel - Elected Officials Capital Outlay Per Diem Differential Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts - Staff Per Diem, Fees and Contracts - Elected
Officials Photography Expense Reimbursement Account
Total Funds Budgeted State Funds Budgeted

$

31,805,629

$

16,632,458

$

4,054,123

$

2,581,216

$

109,500

$

7,000

$

0

$

0

$

960,000

$

980,000

$

5,000

$

665,000

$

360,036

$

3,676,356

$

100,000

$

1,674,940

$

31,805,629

$

31,805,629

Senate Functional Budgets

Senate and Research Office Lt. Governor's Office Secretary of the Senate's
Office Total

Total Funds

$

5,275,860

$

962,415

$

1,301,417

$ 7,539,692

State Funds

$

5,275,860

$

962,415

$

1,301,417

$ 7,539,692

290

GENERAL ACTS AND RESOLUTIONS, VOL. I

House Functional Budgets

House of Representatives and Research Office
Speaker of the House's Office Clerk of the House's Office Total

Total Funds

$ 11,521,681

$

470,447

$

1,596,283

$ 13,588,411

State Funds

$ 11,521,681

$

470,447

$

1,596,283

$ 13,588,411

Joint Functional Budgets

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Over-
sight Committee Total

Total Funds

$

3,214,038

$

2,328,999

$

1,158,951

$

3,541,464

$

434,074

$ 10,677,526

State Funds

$

3,214,038

$

2,328,999

$

1,158,951

$

3,541,464

$

434,074

$ 10,677,526

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to

GEORGIA lAWS 2000 SESSION

291

the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications
Total Funds Budgeted State Funds Budgeted

$

26,179,279

$

22,574,546

$

764,940

$

616,000

$

389,624

$

188,000

$

1,051,359

$

287,000

$

1,554,910

$

321,000

$

27,747,379

$

26,179,279

PARTll JUDICIAL BRANCH

Section 3. Judicial Branch. Budget Unit: Judicial Branch
Personal Services Other Operating Prosecuting Attorney's Council Judicial Administrative Districts Payment to Council of Superior Court Clerks Payment to Resource Center Computerized Information Network
Total Funds Budgeted State Funds Budgeted

$

111,540,142

$

15,458,484

$

92,705,954

$

3,042,892

$

1,733,421

$

41,000

$

500,000

$

745,995

$

114,227,746

$

111,540,142

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Judicial Branch Functional Budgets

Supreme Court Court of Appeals Superior Court -Judges Superior Court - District
Attorneys Juvenile Court Institute of Continuing Judicial
Education Judicial Council Judicial Qualifications Commission Indigent Defense Council Georgia Courts Automation
Commission Georgia Office Of Dispute
Resolution Total

Total Funds

$

7,853,991

$ 10,324,483

$ 43,111,261

$ 36,089,366

$

1,374,764

$

897,312

$

5,776,555

$

206,755

$

5,262,000

$

3,030,749

$

300,510

$ 114,227,746

Section 4. Department of Administrative Services.

A. Budget Unit: Department of Administrative

Services

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Rents and Maintenance Expense

$

Utilities

$

Payments to DOAS Fiscal Administration

$

Direct Payments to Georgia Building Authority

for Capital Outlay

$

Direct Payments to Georgia Building Authority

for Operations

$

Telephone Billings

$

Radio Billings

$

Materials for Resale

$

Public Safety Officers Indemnity Fund

$

Health Planning Review Board Operations

$

Payments to Aviation Hall of Fame

$

State Funds

$

7,135,803

$ 10,274,483

$ 43,111,261

$ 34,548,753

$

1,323,064

$

897,312

$

5,673,285

$

206,755

$

5,262,000

$

2,806,916

$

300,510

$ 111,540,142

109,690,967 62,574,333 13,051,749 504,767 819,086 2,301,668 1,154,487 4,230,693 378,031 2,646,960 11,207,112 0 0
0
2,317,419 58,080,300
433,484 17,939,840
522,500 44,900 48,500

GEORGIA lAWS 2000 SESSION

Payments to Golf Hall of Fame

$

Alternative Fuels Grant

$

State Self Insurance Fund

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Administration Support Services Materials Management Information Technology Risk Management State Properties Commission Office of the Treasury State Office of Administrative
Hearings Total

Total Funds

$ 16,443,012

$ 12,845,458

$ 22,166,416

$ 117,210,089

$ 69,459,037

$

646,329

$

1,638,409

$

4,339,574

$ 244,748,324

B. Budget Unit: Georgia Building Authority

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Utilities

$

Contractual Expense

$

Facilities Renovations and Repairs

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Administration Facilities Program Operations Security Sales Van Pool Total

Total Funds

$ 11,863,964

$

1,432,915

$ 12,855,231

$

6,804,433

$

4,435,386

$

384,405

$ 37,776,334

293
75,000 382,900 66,034,595 244,748,324 109,690,967

State Funds

$

4,882,922

$

4,106,583

$

0

$ 29,167,621

$ 66,557,095

$

646,329

$

262,271

$

4,068,146

$ 109,690,967

0 20,803,654 15,328,193
42,000 200,000 313,000 325,000
15,071 269,416 480,000
0 0 0 0 37,776,334 0

State Funds

$

0

$

0

$

0

$

0

$

0

$

0

$

0

294

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 5. Department of Agriculture.

A. Budget Unit: Department of Agriculture

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Market Bulletin Postage

$

Payments to Athens and Tifton Veterinary

Laboratories

$

Poultry Veterinary Diagnostic Laboratories

in Canton, Dalton, Douglas, Oakwood,

Statesboro, Carroll, Macon, Mitchell,

and Monroe

$

Veterinary Fees

$

Indemnities

$

Advertising Contract

$

Payments to Georgia Agrirama Development

Authority for Operations

$

Payments to Georgia Development Authority

$

Renovation, Construction, Repairs and Maintenance

Projects at Major and Minor Markets

$

Capital Outlay

$

Contract - Federation of Southern Cooperatives

$

Boll Weevil Eradication Program

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

Total Funds

$

9,076,270

$ 16,399,249

$

6,976,728

$

7,539,581

$

3,725,614

$

8,229,091

$

696,171

$ 52,642,704

40,797,478 33,475,781 4,520,108
1,060,000 352,000 430,673 667,341 814,475 412,585
1,309,741 1,003,240
3,127,000

3,200,470 275,000 50,000 175,000
829,290 0
900,000 0
40,000 0
52,642,704 40,797,478

State Funds

$

8,295,270

$ 13,267,114

$

3,301,728

$

7,352,581

$

3,595,914

$

4,984,871

$

0

$ 40,797,478

GEORGIA LAWS 2000 SESSION

B. Budget Unit: Georgia Agrirama Development

Authority

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Goods for Resale

$

Total Funds Budgeted

$

State Funds Budgeted

$

Section 6. Department of Banking and Finance.

Budget Unit: Department of Banking

and Finance

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Section 7. Department of Community Mfairs.

Budget Unit: Department of Community Mfairs

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Real Estate Rentals

$

Per Diem, Fees and Contracts

$

Computer Charges

$

Telecommunications

$

Capital Outlay

$

Contracts for Regional Planning

and Development

$

295
0 1,039,790
203,000 3,000 0 5,000 9,500 0 7,500 96,500
125,000 120,000 1,609,290
0
10,216,029 8,411,598 476,873 403,199 112,380 21,022 276,896 422,730 77,896 13,435
10,216,029 10,216,029
85,872,600 19,808,140 2,624,076
530,883 0
392,214 1,461,218 1,476,060
713,735 519,728
0
2,495,948

296

GENERAL ACTS AND RESOLUTIONS, VOL. I

Local Assistance Grants

$

45,904,272

Appalachian Regional Commission Assessment

$

133,355

BUD-Community Development Block Pass thru Grants $

30,000,000

Payment to Georgia Environmental Facilities

Authority

$

429,541

Community Service Grants

$

5,000,000

Home Program

$

3,165,581

ARC-Revolving Loan Fund

$

0

Local Development Fund

$

617,500

Payment to State Housing Trust Fund

$

3,281,250

Payments to Sports Hall of Fame

$

1,008,027

Regional Economic Business Assistance Grants

$

6,847,147

State Commission on National and Community

Service

$

0

EZ/EC Administration

$

0

EZ/EC Grants

$

189,073

Regional Economic Development Grants

$

1,128,125

Contracts for Homeless Assistance

$

1,250,000

HUD Section 8 Rental Assistance

$

50,000,000

Georgia Regional Transportation Authority Total Funds Budgeted State Funds Budgeted

~$----::-::--:':-9-'::,8:-:':5--'8-'-:,1:-':3c': -9

~$ _
_,_$ _

_ _--_ -'1'-:'8:-.:'::.8.-.'-.:8',58"-:-':'':'3-'C-:8:74---''-2:'",0-"C,6::-1=-720~0

Departmental Functional Budgets

Total Funds

Executive Division

$ 57,598,800

Planning and Management Division $

4,389,972

Business and Financial Assistance

Division

$ 40,645,047

Housing and Finance Division

$

8,053,176

Accounting, Budgeting and Personnel

Division

$

3,330,220

RentalAssistance Division

$ 55,269,254

Administrative and Computer Support

Division

$

3,035,167

Georgia Music Hall of Fame Division $

1,870,663

Community Service Division

$ 10,648,288

External Affairs Division Total

$

3,993,425

$-':'----:-::---'::---'-:~
188,834,012

State Funds

$ 57,233,941

$

4,153,560

$

9,116,501

$

3,165,581

$

1,973,837

$

0

$

1,769,145

$

916,894

$

3,680,002

$

3,863,139

$ 85,872,600

Section 8. Department of Community Health. A. Budget Unit: Medicaid Services
Personal Services Regular Operating Expenses Travel

$

1,302,555,171

$

27,662,661

$

7,041,692

$

360,986

GEORGIA lAWS 2000 SESSION

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Medicaid Benefits, Penalties and Disallowances

$

Audit Contracts

$

Special Purpose Contracts

$

Purchase of Service Contracts

$

Grant in Aid to Counties

$

Health Insurance Payments

$

Medical Fair

$

Loan Repayment Program

$

Medical Scholarships

$

Capitation Contracts for Family Practice

Residency

$

Residency Capitation Grants

$

Student Preceptorships

$

Mercer School of Medicine Grant

$

Morehouse School of Medicine Grant

$

SREB Payments

$

Pediatric Residency Capitation

$

Preventive Medicine Capitation

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Commissioner's Office Medicaid Benefits, Penalties
and Disallowances Program Management - Medicaid Systems Management - Medicaid General Administration Minority Health Women's Health Employee Health Benefits Health Planning Georgia Board for Physician
Workforce Board of Medical Examiners Medical Education Board Primary and Rural Health

Total Funds

$

1,973,697

$ 3,395,236,764

$ 33,031,410

$ 48,232,173

$ 51,593,548

$

185,742

$

430,519

$ 1,280,826,826

$

1,728,303

$ 36,073,287

$

1,518,879

$

1,520,467

$

1,980,584

297
14,000 77,292 1,016,795,296 1,355,759 802,656 365,953,663 3,395,236,764 1,097,500 64,732 83,244 764,826
0 0 0 1,520,467
4,347,200 1,950,313
175,000 16,728,668 7,394,890 4,400,350
474,240 30,000
4,854,332,199 1,302,555,171

State Funds

$

920,831

$ 1,227,895,937

$ 14,741,181

$ 13,157,384

$

2,612,435

$

185,742

$

430,519

$

0

$

1,628,303

$ 36,073,287

$

1,518,879

$

1,520,467

$

1,870,206

298

GENERAL ACTS AND RESOLUTIONS, VOL. I

Total

$ 4,854,332,199

$ 1,302,555,171

B. Budget Unit: Indigent Trust Fund Per Diem, Fees and Contracts Benefits Total Funds Budgeted State Funds Budgeted

$

148,828,880

$

8,200,000

$

360,067,504

$

368,267,504

$

148,828,880

C. Budget Unit: PeachCare for Kids Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts PeachCare Benefits, Penalties and Disallowances Total Funds Budgeted State Funds Budgeted

$

17,189,386

$

418,478

$

120,254

$

50,000

$

0

$

1,155

$

250,000

$

0

$

12,350

$

5,325,376

$

55,526,847

$

61,704,460

$

17,189,386

Section 9. Department of Corrections. Budget Unit: Administration, Institutions
and Probation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Utilities Court Costs County Subsidy County Subsidy for Jails County Workcamp Construction Grants Central Repair Fund Payments to Central State Hospital for Meals Payments to Central State Hospital for Utilities Payments to Public Safety for Meals Inmate Release Fund

$

853,697,481

$

544,562,296

$

70,134,263

$

2,680,815

$

2,193,077

$

4,302,107

$

6,198,054

$

6,793,774

$

7,737,635

$

58,316,299

$

38,000

$

23,590,741

$

1,300,000

$

28,980,363

$

5,551,097

$

3,000,000

$

1,093,624

$

4,106,736

$

1,627,149

$

577,160

$

1,527,120

GEORGIA LAWS 2000 SESSION

Health Services Purchases

$

Payments to MAG for Health Care Certification

$

University of Georgia - College of

Veterinary Medicine Contracts

$

Minor Construction Fund

$

Total Funds Budgeted

$

Indirect DOAS Funding

$

Georgia Correctional Industries

$

State Funds Budgeted

$

Departmental Functional Budgets

Executive Operations Administration Human Resources Field Probation Facilities Total

Total Funds
$ 51,257,276 $ 15,645,676 $ 126,144,833 $ 66,880,989 $ 616,533,511 $ 876,462,285

Section 10. Department of Defense.

Budget Unit: Department of Defense

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total

Total Funds

$

2,197,481

$

6,132,268

$ 21,194,782

$ 29,524,531

Section 11. State Board of Education

Department of Education.

A. Budget Unit: Department of Education

$

Operations:

299
100,787,031 70,000
438,944 856,000 876,462,285 450,000
0 853,697,481

State Funds
$ 50,750,276 $ 15,345,676 $ 117,680,624 $ 66,400,989 $ 603,519,916 $ 853,697,481
7,378,907 11,699,117 11,828,197
45,375 58,000 22,000 68,625 31,400 419,973 584,768 4,767,076 29,524,531 7,378,907

State Funds

$

1,990,240

$

728,222

$

4,660,445

$ 7,378,907

5,141,284,113

300

GENERAL ACTS AND RESOLUTIONS, VOL. I

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Real Estate Rentals

$

Per Diem, Fees and Contracts

$

Computer Charges

$

Telecommunications

$

Utilities

$

Capital Outlay

$

Test Development Contracts

$

Information Technology Contracts

$

QBE Formula Grants:

Kindergarten/Grades 1 - 3

$

Grades 4- 8

$

Grades 9- 12

$

High School Laboratories

$

Vocational Education Laboratories

$

Special Education

$

Gifted

$

Remedial Education

$

Staff Development and Professional Development

$

Media

$

Indirect Cost

$

Pupil Transportation

$

Local Fair Share

$

Mid-Term Adjustment Reserve

$

Teacher Salary Schedule Adjustment

$

Other Categorical Grants:

Equalization Formula

$

Sparsity Grants

$

In School Suspension

$

Special Instructional Assistance

$

Middle School Incentive

$

Special Education Low - Incidence Grants

$

Limited English-Speaking Students Program

$

NON-QBE Grants:

Next Generation School Grants

$

Youth Apprenticeship Grants

$

High School Program

$

Payment of Federal Funds to Board of

Technical and Adult Education

$

Vocational Research and Curriculum

$

41,859,256 7,218,907 1,641,815 156,000 310,310 1,223,687 69,246,161 10,972,538 2,224,965 808,452 0 8,600,000 7,567,000
1,246,928,019 1,057,747,868
436,873,709 207,679,609 156,945,877 548,792,945
98,679,526 104,495,375 36,602,631 134,010,159 800,161,761 152,021,075 (869,432,749) 66,951,970
0
246,132,902 3,158,000
23,951,042 98,870,519 100,206,873
620,134 28,122,176
500,000 4,340,000 32,060,730
27,650,639 293,520

,...

GEORGIA LAWS 2000 SESSION

Education of Children of Low-Income Families

$

Even Start

$

Instructional Services for the Handicapped

$

Retirement (H.B. 272 and H.B. 1321)

$

Tuition for the Multi-Handicapped

$

PSAT

$

School Lunch (Federal)

$

Joint Evening Programs

$

Education of Homeless Children/Youth

$

Pay for Performance

$

Remedial Summer School

$

Pre-School Handicapped Program

$

Mentor Teachers

$

Environmental Science Grants

$

Advanced Placement Exams

$

Serve America Program

$

Alternative Programs

$

Drug Free School (Federal)

$

School Lunch (State)

$

Mentoring Program

$

Charter Schools

$

Emergency Immigrant Education Program

$

Chapter II - Block Grant Flow Through

$

State and Local Education Improvement

$

Child Care Lunch Program (Federal)

$

Health Insurance - Non-Cert. Personnel

and Retired Teachers

$

Governor's Scholarships

$

Innovative Programs

$

Title II Math/Science Grant (Federal)

$

Migrant Education

$

Counselors

$

Regional Education Service Agencies

$

Severely Emotionally Disturbed

$

Georgia Learning Resources System

$

Special Education in State Institutions

$

At Risk Summer School Program

$

Robert C. Byrd Scholarship (Federal)

$

Technology Specialist

$

Year 2000 Project Funding

$

Troops To Teachers

$

Child Care Program

$

Comprehensive School Reform

$

Character Education

$

301
236,086,129 3,190,097
75,415,428 5,508,750 1,900,000 756,500
188,375,722 267,333 749,301
10,254,000 1,689,931 19,434,853 1,250,000 100,000 1,608,000 1,042,976
21,377,316 11,625,943 35,282,461
500,000 1,164,604 2,481,927 9,913,513 24,962,356 89,190,742
99,547,892 4,989,029 1,690,215 5,042,895
274,395 13,524,863 10,745,889 52,304,574 3,774,785
3,884,639 4,632,785 1,059,000 15,401,810 2,605,394
111,930 40,626,969
3,803,865 350,000

302

GENERAL ACTS AND RESOLUTIONS, VOL. I

Standards of Care

$

~

~"c

State Fund Reserve National Teacher Certification

$ $

f>lN
>-,..:

Student Infot rnation System

$

~~ o =cc.
~<

Total Funds Budgeted Indirect DOAS Services Funding

$ $

State Funds Budgeted

$

Departmental Functional Budgets

134,500 3,769,183
148,210 30,000,000 5,938,744,105
0 5,141,284,113

State Administration Student Learning and Assessment Governor's Honors Program Quality and School Support Federal Programs Technology Professional Practices Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Office of School
Readiness Total

Total Funds

$ 12,599,983

$ 65,772,102

$

1,315,708

$

9,539,310

$

8,103,843

$ 59,926,195

$

0

$ 5,757,265,014

$

6,627,095

$

5,416,371

$

6,480,883

$

5,697,601

$ 5,938,744,105

State Funds

$

8,870,765

$ 53,988,030

$

1,238,119

$

6,071,799

$

509,849

$ 57,011,689

$

0

$ 4,995,282,714

$

6,092,736

$

5,052,934

$

5,999,421

$

1,166,057

$ 5,141,284,113

B. Budget Unit: Lottery for Education

Pre-Kindergarten - Grants

Pre-Kindergarten - Personal Service

Pre-Kindergarten - Operations

Computers in the Classroom

Distance Learning - Satellite Dishes

Post Secondary Options

Educational Technology Centers

Assistive Technology

Applied Technology Labs

Financial and Management Equipment

Alternative Programs

~

Fort Discovery National Science Center

".c.. ~"'

Capital Outlay Learning Logic Sites

f>lN

s~ Stndcnt lnfonnation Sy5tun

~-
o:=

Total Funds Budgeted

~~

Lottery Funds Budgeted

$

374,373,083

$

217,971,579

$

2,051,953

$

5,148,630

$

42,741,317

$

936,000

$

4,500,000

$

858,000

$

5,000,000

$

0

$

0

$

0

$

0

$

75,165,604

$

0

$

20,000,000

$

374,373,083

$

374,373,083

Section 12. Employees' Retirement System.

GEORGIA LAWS 2000 SESSION

Budget Unit: Employees' Retirement System

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Benefits to Retirees

$

Total Funds Budgeted

$

State Funds Budgeted

$

Section 13. Forestry Commission.

Budget Unit: Forestry Commission

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Ware County Grant

$

Ware County Grant for Southern Forest World

$

Ware County Grant for Road Maintenance

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Reforestation Field Services General Administration and
Support Total

Total Funds

$

2,017,895

$ 35,271,337

$

4,323,595

$ 41,612,827

Section 14. Georgia Bureau of Investigation.

Budget Unit: Georgia Bureau of

Investigation

$

Personal Services

$

Regular Operating Expenses

$

303
0 2,631,817
481,100 29,000 0 1,450
2,056,432 340,900 70,001
1,618,150 0
7,228,850 0
36,366,572 29,558,389 5,912,072
181,318 1,399,402 1,669,799
844,775 22,824 881,681 1,054,067 28,500 60,000
0 0 41,612,827 36,366,572

State Funds

$

19,684

$ 32,191,448

$

4,155,440

$ 36,366,572

61,418,237 44,194,440 6,194,456

304

GENERAL ACTS AND RESOLUTIONS, VOL. I

Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Evidence Purchased Capital Outlay
Total Funds Budgeted State Funds Budgeted

$

465,379

$

387,220

$

3,271,595

$

677,600

$

391,419

$

1,022,479

$

3,889,982

$

423,667

$

500,000

$

61,418,237

$

61,418,237

Departmental Functional Budgets

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

Total Funds

$

4,825,405

$ 25,200,983

$ 10,259,352

$ 21,132,497

$ 61,418,237

State Funds

$

4,825,405

$ 25,200,983

$ 10,259,352

$ 21,132,497

$ 61,418,237

Section 15. Office of the Governor. A. Budget Unit: Office of the Governor
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Cost of Operations Mansion Allowance Governor's Emergency Fund Intern Program Expenses Art Grants of State Funds Art Grants of Non-State Funds Humanities Grant - State Funds Art Acquisitions - State Funds Children and Youth Grants Juvenile Justice Grants Georgia Crime Victims Assistance Program Grants to Local Systems Grants- Local EMA Grants - Other

$

49,627,545

$

18,744,253

$

1,451,104

$

326,759

$

38,070

$

187,639

$

527,724

$

1,148,372

$

585,758

$

10,056,610

$

4,164,655

$

40,000

$

12,715,000

$

148,913

$

4,000,000

$

274,194

$

470,000

$

0

$

250,000

$

2,183,750

$

100,000

$

684,400

$

1,085,000

$

0

GEORGIA lAWS 2000 SESSION

305

Grants - Civil Air Patrol

$

Transition Fund

$

Flood - Contingency

$

Year 2000 Project

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

57,000 0 0
2,808,800 62,048,001 49,627,545

Governor's Office Office of Equal Opportunity Office of Planning and Budget Council for the Arts Office of Consumer Mfairs Georgia Information Technology
Policy Council Criminal Justice Coordinating
Council Children and Youth Coordinating
Council Human Relations Commission Professional Standards Commission Georgia Emergency Management Agency Governor's Commission for the
Privatization of Government Services Total

Total Funds

$ 17,068,568

$

1,093,263

$ 13,911,225

$

5,689,036

$

4,090,313

$

3,510,659

$

1,789,120

$

3,176,724

$

326,481

$

4,931,820

$

6,460,792

$

0

$ 62,048,001

State Funds

$ 17,068,568

$

790,292

$ 13,836,225

$

4,945,591

$

3,892,313

$

701,859

$

354,684

$

587,361

$

326,481

$

4,931,820

$

2,192,351

$

0

$ 49,627,545

Section 16. Department of Human Resources. Budget Unit: Department of Human
Resources 1. General Administration and Support Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts

$

1,243,898,714

$

78,074,423

$

3,173,647

$

1,935,789

$

0

$

206,957

$

4,671,430

$

14,906,213

$

51,682,170

$

15,204,122

$

28,500

$

47,813,157

$

65,974,073

306

GENERAL ACTS AND RESOLUTIONS, VOL. I

Major Maintenance and Construction

$

Postage

$

Payments to DCH - Medicaid Benefits

$

Grants to County DFACS- Operations

$

Operating Expenses

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Departmental Functional Budgets

Commissioner's Office Office of Planning and Budget
Services Office of Adoption Children's Community Based
Initiative Troubled Children's Placements Human Resources Development Technology and Support Facilities Management Regulatory Services - Program
Direction and Support Child Care Licensing Health Care Facilities Regulation Fraud and Abuse Financial Services Auditing Services Personnel Administration Transportation Services Indirect Cost Policy and Government Services Aging Services DD Council Total

Total Funds

$

1,016,387

$

4,101,512

$ 11,884,965

$

8,489,307

$ 47,813,157

$

1,332,206

$ 100,113,563

$

5,590,784

$

887,565

$

3,398,648

$ 11,273,899

$

6,612,805

$

8,493,770

$

2,395,989

$

7,002,396

$ 12,081,291

$

0

$

1,295,371

$ 74,738,174

$

1,610,148

$ 310,131,937

2. Public Health Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Real Estate Rentals

$

Per Diem, Fees and Contracts

$

Computer Charges

$

123,714 824,452 25,513,290
0 0 310,131,937 3,982,840 174,327,823

State Funds

$

1,016,387

$

4,101,512

$

5,917,359

$

8,114,307

$ 34,335,726

$

1,332,206

$ 56,451,611

$

4,341,288

$

877,565

$

3,372,079

$

5,615,983

$

2,410,331

$

4,126,637

$

2,395,989

$

7,002,396

$

1,876,134

$ (14,703,451)

$

1,295,371

$ 44,399,229

$

49,164

$ 174,327,823

49,968,343 75,192,219
839,880 0
195,367 1,326,062 5,146,402
0

GEORGIA LAWS 2000 SESSION

Telecommunications

$

Special Purpose Contracts

$

Purchase of Service Contracts

$

Grant-In-Aid to Counties

$

Major Maintenance and Construction

$

Postage

$

Medical Benefits

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Departmental Functional Budgets

District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women and
Infants Sexually Transmitted Diseases Family Planning Women, Infants and Children
Nutrition Grant in Aid to Counties Children's Medical Services Emergency Health Epidemiology Immunization Community Tuberculosis Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Injury Control Vital Records Health Services Research Environmental Health Laboratory Services Community Health Management AIDS

Total Funds

$ 13,055,719

$

1,383,859

$

1,773,114

$

2,148,234

$

4,704,248

$

4,959,151

$

3,180,709

$ 11,092,949

$ 84,166,474

$ 70,108,664

$ 13,272,151

$

3,998,786

$

1,949,932

$

1,614,511

$

5,799,550

$

1,386,617

$

1,075,812

$

2,827,258

$

225,746

$

159,019

$

4,312,449

$

2,039,075

$

452,430

$

2,026,711

$

559,513

$

2,024,561

$

6,853,264

$

186,315

$ 12,307,038

307
987,667 324,000 18,486,873 139,963,748
0 190,682 4,222,222 296,843,465 324,160 159,383,175

State Funds

$ 12,928,784

$

1,170,028

$

1,447,939

$

1,035,622

$

3,937,429

$

4,959,151

$

1,071,146

$

5,914,421

$

0

$ 69,122,805

$

6,297,075

$

2,623,073

$

1,373,534

$

0

$

4,323,360

$

888,072

$

872,415

$

1,222,894

$

225,746

$

159,019

$

4,312,449

$

1,762,714

$

309,792

$

1,765,712

$

559,513

$

1,512,688

$

6,583,264

$

186,315

$

7,759,475

308

GENERAL ACTS AND RESOLUTIONS, VOL. I

Drug and Clinic Supplies Adolescent Health Public Health - Planning Councils Early Intervention Public Health - Division
Indirect Cost Total

$ 10,363,458

$ 13,190,325

$

109,837

$ 13,535,986

$

0

$ 296,843,465

$

2,640,380

$

2,942,458

$

92,340

$ 11,108,461

$ (1,724,899) $ 159,383,175

3. Rehabilitation Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Case Services Special Purpose Contracts Purchase of Services Contracts Major Maintenance and Construction Utilities Postage Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted

$

86,240,987

$

12,217,485

$

1,764,296

$

50,582

$

1,616,277

$

5,225,022

$

11,230,188

$

383,041

$

2,477,637

$

37,940,291

$

735,245

$

12,083,883

$

255,000

$

959,650

$

749,007

$

173,928,591

$

100,000

$

25,369,247

Departmental Functional Budgets

Vocational Rehabilitation Services Independent Living Employability Services Community Facilities Program Direction and Support Grants Management Disability Adjudication Georgia Factory for Blind Roosevelt Warm Springs
Institute Total

Total Funds

$ 65,508,127

$

968,949

$

511,903

$ 10,471,695

$

1,998,718

$

744,540

$ 53,477,653

$ 12,023,096

$ 28,223,910 $ 173,928,591

State Funds

$ 13,458,346

$

533,969

$

511,903

$

2,851,205

$

593,525

$

744,540

$

0

$

666,969

$

6,008,790

$ 25,369,247

4. Family and Children Services Budget: Personal Services Regular Operating Expenses

$

22,204,442

$

3,601,014

GEORGIA LAWS 2000 SESSION

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Real Estate Rentals

$

Per Diem, Fees and Contracts

$

Computer Charges

$

Telecommunications

$

Children's Trust Fund

$

Cash Benefits

$

Special Purpose Contracts

$

Service Benefits for Children

$

Purchase of Service Contracts

$

Postage

$

Grants to County DFACS- Operations

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

Departmental Functional Budgets

Director's Office Social Services Administrative Support
~ualityAssurance
Community Services Field Management Human Resources Management Public Assistance Child Support Enforcement Temporary Assistance for
Needy Families SSI - Supplemental Benefits Refugee Programs Energy Benefits County DFACS Operations -
Eligibility County DFACS Operations -
Social Services Food Stamp Issuance County DFACS Operations -
Homemakers Services County DFACS Operations -
Joint and Administration County DFACS Operations -

Total Funds

$

676,518

$

4,114,502

$

2,684,052

$

3,873,812

$ 13,644,717

$

1,787,260

$

2,522,234

$ 19,939,244

$ 45,667,979

$ 208,245,099

$

1,122,012

$

2,795,420

$

7,223,130

$ 124,077,197

$ 103,349,456

$

3,190,752

$

8,895,675

$ 72,333,381

309
884,107 0
510,512 3,695,697 31,847,124
200,000 1,596,679 4,650,439 218,535,661 8,030,098 303,682,585 52,791,463 2,037,559 358,488,651 1,012, 756,031
0 368,391,356

State Funds

$

676,518

$

3,602,461

$

2,404,749

$

3,873,812

$

1,468,234

$

1,787,260

$

1,516,443

$

3,739,244

$

5,896,604

$ 48,247,444

$

1,122,012

$

0

$

0

$ 60,900,727

$ 40,330,107

$

0

$

2,776,636

$ 36,306,261

310

GENERAL ACTS AND RESOLUTIONS, VOL. I

Employability Program County DFACS Operations -
Child Support Enforcement Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care Day Care Special Projects Children's Trust Fund Indirect Cost Total

$ 23,476,986

$ 26,755,956

$ 46,513,118

$

4,290,503

$ 33,166,733

$ 18,577,389

$

7,749,161

$ 33,213,311

$ 10,044,785

$ 173,320,622

$

4,854,588

$

4,650,439

$

0

$ 1,012,756,031

$

9,021,901

$ 10,209,597

$ 15,861,742

$

2,520,990

$ 21,546,880

$ 13,212,885

$

4,781,324

$ 20,413,693

$

8,218,081

$ 50,186,937

$

3,871,923

$

4,150,439

$ ( 10,253,548)

$ 368,391,356

5. Community Mental Health/Mental Retardation and In-

stitutions:

Personal Services

$

Operating Expenses

$

Motor Vehicle Equipment Purchases

$

Utilities

$

Major Maintenance and Construction

$

Community Services

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

292,571,721 54,213,803
200,000 9,483,250 1,962,161 366,381,259 724,812,194 1,673,274 516,427,113

Departmental Functional Budgets

Total Funds

Southwestern State Hospital

$ 36,750,435

Augusta Regional Hospital

$ 16,746,364

Northwest Regional Hospital

at Rome

$ 27,706,653

Georgia Regional Hospital

at Atlanta

$ 40,035,057

Central State Hospital

$ 118,947,294

Georgia Regional Hospital

at Savannah

$ 17,563,565

Gracewood State School and Hospital $ 53,088,572

West Central Regional Hospital

$ 19,935,349

Outdoor Therapeutic Programs

$

3,978,254

Metro Drug Abuse Centers

$

1,171,073

Substance Abuse Residential

Services

$

584,284

State Funds $ 21,942,111 $ 14,981,072

$ 18,462,955

$ 32,595,011 $ 75,586,463

$ 16,644,577

$ 23,164,592

$ 17,775,607

$

3,044,388

$

988,323

$

0

GEORGIA LAWS 2000 SESSION

311

Community Mental Health Services Community Mental Retardation
Services Community Substance Abuse
Services State Administration
Regional Administration Total

$ 179,082,554
$ 98,921,547
$ 91,019,560 $ 13,048,860 -"-$_ _..::6-'-,2-"'3-'2-'-',7--'7.c..3 $ 724,812,194

$ 171,952,230

$ 65,489,645

$ 40,533,155

$

7,957,309

$

5,309,675

$ 516,427,113

Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Operating Expenses Community Services Case Services Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Grant-In-Aid to Counties Major Maintenance and Construction Utilities Postage Payments to DCH - Medicaid Benefits Grants to County DFACS- Operations Medical Benefits Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted

$

529,059,916

$

94,184,365

$

5,424,072

$

250,582

$

2,529,113

$

14,918,211

$

63,129,927

$

52,265,211

$

20,266,105

$

54,213,803

$

366,381,259

$

37,940,291

$

4,650,439

$

218,535,661

$

9,117,843

$

351,495,742

$

149,336,292

$

139,963,748

$

2,340,875

$

10,442,900

$

3,801,700

$

25,513,290

$

358,488,651

$

4,222,222

$

2,518,472,218

$

6,080,274

$

1,243,898, 714

Section 17. Department of Industry, Trade and Tourism.

Budget Unit: Department of Industry,

Trade and Tourism Personal Services

$z.__ ____:2:::9=.:,:0,.:0:..:2=:,=8.=4..:6:,

$

11,934,405

Regular Operating Expenses

$

1,454,492

Travel

$

562,389

Motor Vehicle Purchases

$

45,000

312

GENERAL ACTS AND RESOLUTIONS, VOL. I

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Local Welcome Center Contracts

$

Marketing

$

Georgia Ports Authority Lease Rentals

$

Foreign Currency Reserve

$

Waterway Development in Georgia

$

Lanier Regional Watershed Commission

$

Georgia World Congress Center

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

93,724 409,336 844,245 422,215 1,516,887 250,600 8,464,553
0 0 50,000 0 2,955,000 29,002,846 29,002,846

Administration Economic Development Trade Tourism Georgia Legacy Strategic Planning and
Research Total

Total Funds

$ 14,067,633

$

5,297,610

$

2,254,113

$

4,379,658

$

266,955

$

2,736,877

$ 29,002,846

Section 18. Department of Insurance.

Budget Unit: Department of Insurance

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Health Care Utilization Review

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Internal Administration Insurance Regulation

Total Funds

$

4,735,486

$

5,672,360

State Funds

$ 14,067,633

$

5,297,610

$

2,254,113

$

4,379,658

$

266,955

$

2,736,877

$ 29,002,846

15,456,662 14,233,146
683,241 421,713
95,000 34,275 200,088 796,091 317,912 144,658
0 16,926,124 15,456,662

State Funds

$

4,735,486

$

5,672,360

GEORGIA lAWS 2000 SESSION

Industrial Loans Regulation Fire Safety and Mobile Home
Regulations Special Insurance Fraud Fund
Total

$

605,057

$

5,088,822

$

824,399

$ 16,926,124

Section 19. Department of Juvenile Justice.

Budget Unit: Department of Juvenile

Justice

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Utilities

$

Institutional Repairs and Maintenance

$

Grants to County-Owned Detention Centers

$

Service Benefits for Children

$

Purchase of Service Contracts

$

Capital Outlay

$

Juvenile Justice Reserve

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Regional Youth Development Centers
Bill Ireland YDC Augusta State YDC Lorenzo Benn YDC Macon State YDC Wrightsville YDC YDC Purchased Services Eastman YDC Court Services Day Centers Group Homes CYS Purchased Services Sumter YDC Law Enforcement Office

Total Funds

$ 57,550,823

$ 19,044,494

$ 12,585,656

$

6,876,319

$

7,947,149

$ 17,402,800

$ 26,240,217

$ 11,569,840

$ 24,242,695

$

528,224

$

1,143,739

$ 26,966,065

$

832,038

$

2,500,815

313

$

605,057

$

3,619,360

$

824,399

$ 15,456,662

237,128,264 139,705,017
14,371,406 1,975,130 373,576 1,220,034 3,301,765 2,095,730 2,097,744 16,485,581 3,368,520 950,885 0
28,159,686 29,759,391
0 0 243,864,465 237,128,264

State Funds

$ 55,972,865

$ 18,362,732

$ 12,004,080

$

6,626,335

$

7,626,777

$ 16,734,710

$ 25,477,272

$ 11,182,195

$ 23,980,200

$

528,224

$

1,143,739

$ 25,833,289

$

832,038

$

2,500,815

314

GENERAL ACTS AND RESOLUTIONS, VOL. I

Assessment and Classification Multi-Service Centers Youth Services Administration Office of Training Total

$

637,469

$

4,107,477

$ 21,400,297

$

2,288,348

$ 243,864,465

$

637,469

$

4,017,477

$ 21,379,699

$

2,288,348

$ 237,128,264

Section 20. Department of Labor. Budget Unit: Department of Labor
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts (JTPA) Per Diem, Fees and Contracts W.I.N. Grants Payments to State Treasury Capital Outlay
Total Funds Budgeted State Funds Budgeted

$

11,854,273

$

79,196,888

$

6,580,372

$

1,419,181

$

0

$

413,385

$

2,179,103

$

1,920,544

$

1,759,042

$

54,500,000

$

5,402,607

$

0

$

1,287,478

$

0

$

154,658,600

$

11,854,273

Section 21. Department of Law. Budget Unit: Department of Law
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Books for State Library
Total Funds Budgeted State Funds Budgeted

$

14,624,689

$

13,881,100

$

717,235

$

199,322

$

21,000

$

17,350

$

305,201

$

826,548

$

162,924

$

16,160,000

$

187,000

$

32,477,680

$

14,624,689

Section 22. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration Personal Services Regular Operating Expenses Travel Equipment

$ 0 ;z_-------,-~

$

7,313,055

$

846,478

$

91,147

$

22,864

GEORGIA LAWS 2000 SESSION

Real Estate Rents

$

Per Diem, Fees and Contracts

$

Computer Charges

$

Telecommunications

$

Total Funds Budgeted

$

Federal Funds

$

Other Agency Funds

$

Agency Assessments

$

Employee and Employer Contributions

$

Deferred Compensation

$

State Funds Budgeted

$

Departmental Functional Budgets

Executive Office Human Resource Administration Employee Benefits Internal Administration Total

Total Funds

$

1,336,640

$

4,316,771

$

1,994,370

$

4,863,490

$ 12,511,271

Section 23. Department of Natural Resources.

A. Budget Unit: Department of Natural Resources

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Real Estate Rentals

$

Per Diem, Fees and Contracts

$

Computer Charges

$

Telecommunications

$

Authority Lease Rentals

$

Advertising and Promotion

$

Cost of Material for Resale

$

Capital Outlay:

New Construction

$

Repairs and Maintenance

$

Land Acquisition Support

$

Wildlife Management Area Land Acquisition

$

Shop Stock - Parks

$

User Fee Enhancements

$

Buoy Maintenance

$

Waterfowl Habitat

$

Paving at State Parks and Historic Sites

$

Grants:

315
758,586 1,010,974 2,248,400
219,767 12,511,271
0 1,275,762 10,722,136
0 513,373
0

State Funds

$

0

$

0

$

0

$

0

$

0

116,144,556 79,892,075 14,451,569 670,557 1,683,825 1,906,065 2,477,014 11,791,858 774,458 1,318,709 0 675,000 1,285,056
3,106,176 2,875,500
243,750 982,330 350,000 1,300,000
74,250 0
500,000

316

GENERAL ACTS AND RESOLUTIONS, VOL. I

Land and Water Conservation

$

Georgia Heritage 2000 Grants

$

Recreation

$

Chattahoochee River Basin Grants

$

Contracts:

Paralympic Games

$

Technical Assistance Contract

$

Corps of Engineers (Cold Water Creek State Park) $

Georgia State Games Commission

$

U. S. Geological Survey for Ground Water

Resources

$

U. S. Geological Survey for Topographic Mapping $

Payments to Civil War Commission

$

Hazardous Waste Trust Fund

$

Solid Waste Trust Fund

$

Payments to Georgia Agricultural Exposition

Authority

$

Payments to Mcintosh County

$

Georgia Regional Transportation Authority

$

Total Funds Budgeted

$

Receipts from Jekyll Island State Park Authority

$

Receipts from Stone Mountain Memorial Association $

Receipts from Lake Lanier Islands Development

Authority

$

Receipts from North Georgia Mountain

Authority

$

Indirect DOAS Funding

$

State Funds Budgeted

$

Departmental Functional Budgets

Commissioner's Office Program Support Historic Preservation Parks, Recreation and
Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention
Assistance Total

Total Funds

$

5,653,968

$

5,621,945

$

2,769,992

$ 42,694,639

$

2,398,880

$ 37,889,186

$ 53,424,497

$

937,213

$ 151,390,320

B. Budget Unit: Georgia Agricultural

Exposition Authority

$

800,000 341,000
0 0
0 0 170,047 309,438
300,000 0
143,000 12,807,746 7,102,405
2,958,492 100,000 0
151,390,320 892,085 0
2,663,931
1,432,064 200,000
116,144,556

State Funds

$

5,638,968

$

5,621,945

$

2,279,992

$ 23,185,891

$

2,228,018

$ 32,613,215

$ 43,639,314

$

937,213

$ 116,144,556

0

GEORGIA lAWS 2000 SESSION

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Georgia Agricultural Exposition Authority

Total Funds
$ 6,756,576

Section 24. State Board of Pardons and Parole.

Budget Unit: Board of Pardons and Paroles

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

County Jail Subsidy

$

Health Services Purchases

$

Total Funds Budgeted

$

State Funds Budgeted

$

Section 25. Department of Public Safety.

A. Budget Unit: Department of Public Safety

$

1. Operations Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

317
3,050,798 2,580,778
25,000 0
195,000 40,000
0 70,000 795,000
0 6,756,576
0

State Funds

$

0

48,076,666 37,791,380
1,697,625 555,000 230,000 190,000 591,200
3,038,958 1,165,000 2,062,003
735,500 20,000
48,076,666 48,076,666

107,904,583
64,997,358 7,721,357 104,095 4,311,500 288,190 3,156,710 28,962 2,744,147

318

GENERAL ACTS AND RESOLUTIONS, VOL. I

Per Diem, Fees and Contracts

$

State Patrol Posts Repairs and Maintenance

$

Capital Outlay

$

Conviction Reports

$

Year 2000

$

Total Funds Budgeted

$

Indirect DOAS Service Funding

$

State Funds Budgeted

$

2. Driver Services Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Conviction Reports

$

State Patrol Posts Repairs and Maintenance

$

Driver License Processing

$

Total Funds Budgeted

$

Indirect DOAS Service Funding

$

State Funds Budgeted

$

Departmental Functional Budgets

Administration Driver Services Field Operations Total

Total Funds $ 23,557,807 $ 24,925,164
$ 61,284,552 $ 109,767,523

B. Budget Unit: Units Attached for Administrative

Purposes Only

$

Attached Units Budget:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

1,132,000 145,100 0 0 212,940
84,842,359 1,650,000
82,979,419
20,226,420 1,112,113 61,941 0 62,343 0 47,262 273,300 69,000 0 303,651 34,900 2,734,234
24,925,164 0
24,925,164
State Funds $ 21,844,867 $ 24,925,164 $ 61,134,552 $ 107,904,583
14,767,504
8,486,817 2,559,964
87,389 80,541 172,746 158,185 160,247 281,073

GEORGIA lAWS 2000 SESSION

Per Diem, Fees and Contracts

$

Highway Safety Grants

$

Peace Officers Training Grants

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Office of Highway Safety Georgia Peace Officers Stan-
dards and Training
Police Academy Fire Academy Georgia Firefighters Standards
and Training Council Georgia Public Safety
Training Facility Total

Total Funds

$

3,173,294

$

1,538,510

$

1,185,709

$

1,159,178

$

460,750

$ 11,186,834 $ 18,704,275

Section 26. Public School Employees' Retirement System.

Budget Unit: Public School Employees'

Retirement System

$

Payments to Employees' Retirement System

$

Employer Contributions

$

Total Funds Budgeted

$

State Funds Budgeted

$

Section 27. Public Service Commission.

Budget Unit: Public Service Commission

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

319
413,531 2,425,200 3,578,582
300,000 18,704,275 14,767,504

State Funds

$

386,523

$

1,538,510

$

1,095,709

$

1,049,178

$

460,750

$ 10,236,834 $ 14,767,504

18,602,000 575,000
18,027,000 18,602,000 18,602,000
9,356,109 8,550,722
599,588 255,400 350,124
58,306 378,286 327,795 220,072 1,546,291 12,286,584 9,356,109

320

GENERAL ACTS AND RESOLUTIONS, VOL. I

Departmental Functional Budgets

Administration Transportation Utilities Total

Total Funds

$

2,801,932

$

4,293,546

$ 5,191,106

$ 12,286,584

State Funds

$

2,801,932

$

1,636,382

$ 4,917,795

$ 9,356,109

Section 28. Board of Regents, University System of Georgia.

A. Budget Unit: Resident Instruction

"-$_ _ _1--'-,4_1_7--'-,0-'--4-'9'"",=22=5

Personal Services:

Educ., Gen., and Dept. Svcs

$

1,529,157,178

Sponsored Operations

$

215,731,047

Operating Expenses:

Educ., Gen., and Dept. Svcs

$

372,351,204

Sponsored Operations

$

637,169,805

Special Funding Initiative

$

50,340,528

Office of Minority Business Enterprise

$

1,131,712

Student Education Enrichment Program

$

365,217

Forestry Research

$

979,646

Research Consortium

$

8,660,332

Capital Outlay Total Funds Budgeted Departmental Income

7$_ _-=-=-=-=-17,1.,:-75"-'-::-00::-::-0

7$$_

_.

.

:.2:.

!.

,8-':-1 7-=!-,0-':6":'1:'-,6-:':-6':-::9 1703,648,940

Sponsored Income

$

852,900,852

Other Funds

$

440,423,152

Indirect DOAS Services Funding State Funds Budgeted

7$_ _-::--:-=-:::-37,0..=..39':-',:::":50=0 "-$_ _..:.1--'-,4'-'1-'-'7-'-,0.:..4=.:9-'-,;.;.22.:..5

B. Budget Unit: Regents Central Office and Other

Organized Activities

$

Personal Services:

Educ., Gen., and Dept. Svcs

$

Sponsored Operations

$

Operating Expenses:

Educ., Gen., and Dept. Svcs

$

Sponsored Operations

$

Fire Ant and Environmental Toxicology Research

$

Agricultural Research

$

Advanced Technology Development Center/

Economic Development Institute

$

Seed Capital Fund - ATDC

$

Capital Outlay

$

Center for Rehabilitation Technology

$

SREB Payments

$

Regents Opportunity Grants

$

185,482,556
301,522,127 116,575,795
134,470,359 68,133,453
0 2,708,909
18,139,002 5,000,000
300,000 5,184,122
962,525 600,000

GEORGIA LAWS 2000 SESSION

321

Regents Scholarships

$

Rental Payments to Georgia Military College

$

CRT Inc. Contract at Georgia Tech Research

Institute

$

Direct Payments to the Georgia Public

Telecommunications Commission for Operations $

Area Health Education Center Contracts

$

Total Funds Budgeted

$

Departmental Income

$

Sponsored Income

$

Other Funds

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

0 1,387,150
127,604
24,410,014 0
679,521,060 3,576,811
195,411,819 294,506,374
543,500 185,482,556

Regents Central Office and Other Organized Activities

Marine Resources Extension Center Skidaway Institute of Oceanography Marine Institute Georgia Tech Research Institute Advanced Technology Development
Center/Economic Development Institute Agricultural Experiment Station Cooperative Extension Service Medical College of Georgia Hospital and Clinics Veterinary Medicine Experiment Station Veterinary Medicine Teaching Hospital Georgia Radiation Therapy Center Athens and Tifton Veterinary Laboratories Regents Central Office Total

Total Funds

$

2,411,940

$

5,247,450

$

1,857,769

$ 111,217,128

$ 23,139,002 $ 71,940,038 $ 58,013,173

$ 354,452,883

$

3,359,563

$

5,282,120

$

3,625,810

$

3,458,128

$ 35,516,056

$ 679,521,060

State Funds

$

1,548,915

$

1,747,781

$

1,091,077

$ 10,169,762

$ 13,652,293 $ 43,981,403 $ 35,514,986

$ 38,356,117

$

3,359,563

$

547,294

$

0

$

104,158

$ 35,409,207

$ 185,482,556

C. Budget Unit: Georgia Public Telecommunications

Commission

$

Personal Services

$

Operating Expenses

$

General Programming

$

Distance Learning Programming

$

Total Funds Budgeted

$

Other Funds

$

0 10,693,587 8,576,118 3,889,958 4,702,234 27,861,897 27,861,897

322

GENERAL ACTS AND RESOLUTIONS, VOL. I

State Funds Budgeted

$

0

D. Budget Uuit: Lottery for Education Equipment, Technology and Construction Trust Fund Georgia Public Telecommunications Commission Internet Connection Initiative Special Funding Initiatives Research Consortium - Georgia Research Alliance Capital Outlay Georgia Military College Computer Charges Total Funds Budgeted Lottery Funds Budgeted

$

92,790,980

$

30,000,000

$

3,015,000

$

1,500,000

$

18,466,000

$

24,200,000

$

15,469,980

$

140,000

$

92,790,980

$

92,790,980

Section 29. Department of Revenue. Budget Uuit: Department Revenue
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts County Tax Officials/Retirement and FICA Grants to Counties/Appraisal Staff Motor Vehicle Tags and Decals Postage Investment for Modernization Homeowner Tax Relief Grants
Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted

$

216,107,558

$

68,114,477

$

5,897,544

$

1,137,518

$

209,605

$

313,114

$

16,643,346

$

2,914,564

$

3,341,779

$

1,933,600

$

3,422,795

$

0

$

2,404,350

$

4,175,880

$

27,977,441

$

83,000,000

$

221,486,013

$

3,845,000

$

216,107,558

Departmental Functional Budgets

Departmental Administration Internal Administration Information Systems Field Services Income Tax Unit

Total Funds

$ 46,161,657

$

8,918,336

$ 12,116,330

$ 17,643,052

$

8,913,730

State Funds

$ 46,161,657

$

8,768,336

$ 11,101,130

$ 17,503,052

$

8,613,730

GEORGIA lAWS 2000 SESSION

Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Alcohol and Tobacco
Total

$ 19,044,280

$ 8,613,241

$ 87,815,302

$ 4,955,574

$

20,000

$ 4,601,401

$ 2,683,110

$ 221,486,013

Section 30. Secretary of State.

A. Budget Unit: Secretary of State

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Election Expenses

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Internal Administration Archives and Records Business Services -
Corporations Business Services - Securities Elections and Campaign Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards Holocaust Commission Total

Total Funds

$

4,387,012

$

5,136,308

$

2,594,443

$

2,056,834

$

4,523,184

$

1,351,977

$

389,165

$

9,424,325

:$:!:.$--3-0:-,-=-2104,.:.6.:9:,:.3z:,69:..:7:4~5

B. Budget Unit: Real Estate Commission

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

323

$ 17,744,280

$

8,613,241

$ 86,081,847

$ 4,855,574

$

20,000

$

3,961,601

$

2,683,110

$ 216,107,558

29,064,645 17,981,474 3,167,087
225,650 168,720 127,876 3,005,695 2,829,398 790,137 1,172,708 640,900 30,109,645 29,064,645

State Funds

$

4,357,012

$

5,061,308

$

1,874,443

$

2,006,834

$

4,503,184

$

1,351,977

$

389,165

$

9,274,325

$

246,397

$ 29,064,645

2,295,018 1,431,235
175,000 18,000 30,000 7,665
268,033

324

GENERAL ACTS AND RESOLUTIONS, VOL. I

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

170,085 62,000 133,000 2,295,018 2,295,018

Real Estate Commission

State Funds $ 2,295,018

Cost of Operations
$ 2,335,018

Section 31. Soil and Water Conservation Commission.

Budget Unit: Soil and Water Conservation

Commission

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

County Conservation Grants

$

Total Funds Budgeted

$

State Funds Budgeted

$

2,251,949 1,468,506
389,285 39,850 28,914 13,253 10,300 122,258 26,926 426,907 86,000 2,612,199 2,251,949

Section 32. Student Finance Commission. A. Budget Unit: Student Finance Commission
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Payment of Interest and Fees Guaranteed Educational Loans Tuition Equalization Grants Student Incentive Grants Law Enforcement Personnel Dependents'
Grants North Georgia College ROTC Grants

$

33,921,783

$

532,701

$

22,680

$

18,600

$

0

$

5,500

$

25,233

$

59,589

$

18,691

$

52,653

$

0

$

4,610,455

$

27,372,520

$

0

$

81,700

$

320,625

GEORGIA lAWS 2000 SESSION

North Georgia College Graduates Scholarship

$

Osteopathic Medical Loans

$

Georgia Military Scholarship Grants

$

Paul Douglas Teacher Scholarship Loans

$

Work Incentive for Students

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Georgia Student Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

Total Funds
$ 33,186,136

$

735,647

$ 33,921,783

B. Budget Unit: Lottery for Education

$

HOPE Financial Aid - Tuition

$

HOPE Financial Aid - Books

$

HOPE Financial Aid- Fees

$

Tuition Equalization Grants

$

Hope Scholarships - Private Colleges

$

Georgia Military College Scholarship

$

LEPD Scholarship

$

Teacher Scholarships

$

Promise Scholarships

$

Engineer Scholarships

$

Total Funds Budgeted

$

Lottery Funds Budgeted

$

Section 33. Teachers' Retirement System.

Budget Unit: Teachers' Retirement System

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Employee Benefits

$

Retirement System Members

$

Floor Fund for Local Retirement Systems

$

H.B.203 - Teachers' Accrued Sick Leave

$

Total Funds Budgeted

$

325
65,075 95,000 127,049
0 513,712 33,921,783 33,921,783

State Funds
$ 33,186,136

$

735,647

$ 33,921,783

210,381,363 111,497,102 31,981,035 27,567,229
0 33,547,000
693,422 225,575 3,500,000 845,000 525,000 210,381,363 210,381,363

3,215,000 7,322,760
397,300 20,500 0 23,950
1,061,717 622,335 284,987 389,300 0
3,050,000 165,000 0
13,337,849

326

GENERAL ACTS AND RESOLUTIONS, VOL. I

State Funds Budgeted

$

3,215,000

Section 34. Department of Technical and Adult Education.

A. Budget Unit: Department of Technical and

Adult Education Personal Services

$

265,389,356

~ $ ----~~ 7,~ 36~5,- 39-9

Regular Operating Expenses

$

574,232

Travel

$

177,380

Motor Vehicle Purchases

$

24;658

Equipment

$

184,271

Real Estate Rentals

$

870,529

Per Diem, Fees and Contracts

$

450,787

Computer Charges

$

1,009,682

Telecommunications

$

146,786

Salaries and Travel of Public Librarians

$

16,534,234

Public Library Materials

$

6,045,458

Talking Book Centers

$

1,104,526

Public Library Maintenance and Operation

$

7,743,105

Capital Outlay

$

2,567,500

Personal Services-Institutions

$

199,705,237

Operating Expenses-Institutions

$

58,469,464

Area School Program

$

6,218,967

Adult Literacy Grants

$

19,420,938

Regents Program

$

3,600,628

Quick Start Program Total Funds Budgeted State Funds Budgeted

7 77$$_ _

_---::-c1"::'1'-':,4:"'3-:"1~,9:-:::00 _ ___:3:-:4:,::3.:..,:,6,...:4~5""::,6:-::8-::-1

$_,___ _ _ __:2::.c6:. .::5-",3:. .::8:. .::9-",3-5_6

Departmental Functional Budgets

Administration Institutional
Programs Total

Total Funds
$ 10,803,724
$ 332,841,957 $ 343,645,681

State Funds

$

7,720,074

$ 257,669,282 $ 265,389,356

B. Budget Unit: Lottery for Education

$

26,982,049

Computer Laboratories and Satellite

Dishes-Adult Literacy

$

0

Capital Outlay

$

1,000,000

Capital Outlay - Technical Institute

Satellite Facilities

$

0

Equipment-Technical Institutes

$

25,982,049

Repairs and Renovations - Technical Institutes

$

0

Total Funds Budgeted

$

26,982,049

Lottery Funds Budgeted

$

26,982,049

GEORGIA lAWS 2000 SESSION

Section 35. Department of Transportation.

Budget Unit: Department of Transportation

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Capital Outlay - Airport Aid Program

$

Mass Transit Grants

$

Harbor Maintenance/Intra-Coastal Waterways

Maintenance and Operations

$

Contracts with the Georgia Rail

Passenger Authority

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

Total Funds
$ 1,141,955,134 $ 242,575,931 $ 17,859,379 $ 34,571,796 $ 1,436,962,240

327
593,399,631 265,143,196 62,077,029
2,038,150 2,014,565 7,899,810 15,058,380 1,336,773 3,863,919 69,683,518 1,016,353,992 5,841,866 33,052,000
710,855
761,338 1,485,835,391
593,399,631
State Funds $ 295,689,552 $ 225,093,946 $ 17,299,379 $ 33,788,121 $ 571,870,998

General Funds Budget

Planning and Construction

$

85,000

$

Maintenance and Betterments

$

0

$

Air Transportation

$

2,985,502

$

Inter-Modal Transfer Facilities

$ 45,091,794

$

Harbor/Intra-Coastal Waterways

Activities

$

710,855

$

Total

$ 48,873,151

$

Section 36. Department of Veterans Service.

Budget Unit: Department of Veterans Service

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

85,000 0
2,507,391 18,225,387
710,855 21,528,633
21,398,772 5,401,527 253,108 92,245 53,000 492,660

328

GENERAL ACTS AND RESOLUTIONS, VOL. I

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Operating Expense/Payments to Medical

College of Georgia

$

Capital Outlay

$

WWII Veterans Memorial

$

Regular Operating Expenses for Projects

and Insurance

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

27,080 269,784
82,020 14,389,340
7,724,029 783,095 128,000
692,500 30,388,388 21,398,772

Veterans Assistance Education and Training Veterans Nursing Home-
Augusta Total

Total Funds

$ 22,316,359

$

0

$

8,072,029

$ 30,388,388

State Funds

$ 16,258,047

$

0

$

5,140,725

$ 21,398,772

Section 37. Workers' Compensation Board. Budget Unit: Workers' Compensation Board
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Payments to State Treasury
Total Funds Budgeted State Funds Budgeted
Section 38. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (Issued) Motor Fuel Tax Funds (Issued)
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund

$

11,615,616

$

9,495,810

$

438,815

$

130,600

$

0

$

16,164

$

253,320

$

1,201,575

$

239,930

$

99,402

$

0

$

11,875,616

$

11,615,616

$

441,339,053

$

35,000,000

$

476,339,053

GEORGIA lAWS 2000 SESSION

329

State General Funds (New) Motor Fuel Tax Funds (New)

$

53,958,710

$

0

$

53,958,710

Section 39. Provisions Relative to Section 3, Judicial Branch.

The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 40. Provisions Relative to Section 4, Department of Administrative
1l Services.
~ It i5 the intent of the General Assembl-y that all futme pnrcha5es of radio
~~ and related equipment rnn5t be compatible lvith the 800 nrhz 5Y5tem. ~ ~ Purchases muM be apprmed by the Office of Planning and Budget and the ~ ~ Depar trnent of Adrninistr ative Service5.

Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 1999 of all vehicles purchased or newly leased during Fiscal Year 1999.

330

GENERAL ACTS AND RESOLUTIONS, VOL. I

Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.

Section 41. Provisions Relative to Section 5, Department of Agriculture.

Provided, that of the appropriation relative to Indemnities, $15,000 is designated and committed to control infestation by the small hive beetle and American foul brood.

Section 42. Provisions Relative to Section 7, Department of Community Affairs.

Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.
Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient City of Acworth City of Acworth City of Adairsville City of Adel City of Alamo
City of Albany City of Albany City of Albany

Purpose
Purchase aluminum bleachers for city parks in Acworth
Purchase video cameras for patrol cars in Acworth
Replacement or renovation of police department building in Adairsville
Purchase/install emergency warning system in Adel
Operating funds for the Ocmulgee Regional Library System (Wheeler County Library) in Alamo
Operation of Slater King Adult Rehabilitation Day Center in Albany
Operation of after school tutorial program for students in East Albany
Lights for 8th Avenue ball field in City of Albany

Amount
$ 10,000 $ 10,000 $ 25,000 $ 7,500
$ 25,000 $ 35,000 $ 20,000 $ 25,000

GEORGIA LAWS 2000 SESSION

331

City of Alma

Construction of law enforcement

training center and firearms qualif-

ication range in City of Alma

$ 5,000

City of Alma

Purchase computer and software, safety

fence and install covered walkways at

ABC Child Development Center in

Alma

$ 9,694

City of Americus

Renovate Rylander Theater in Americus $ 100,000

City of Andersonville Repairs of Holloway Building in

Andersonville

$ 10,000

Appling County

Operating funds for the Welcome

Center in Appling County

$ 5,000

Appling County

Purchase band uniforms and

Board of

instruments for Appling County

Education

Schools

$ 20,000

City of Aragon

Operation of recreation facility

in the City of Aragon

$ 10,000

City of Arcade

Install water line in City of Arcade

$ 25,000

Athens/Clarke County Repairs to Rutland Psycho Educational

Services Center in Athens/Clarke

County

$ 75,000

Athens/Clarke County Grand Slam project - provide

recreational and educational activities

in Athens/Clarke County

$ 10,000

Athens/Clarke County Operation of Athens Tutorial Program $ 10,000

Athens/Clarke County Operation of Creative Visions

Foundation in Athens/Clarke County $ 10,000

Athens/Clarke County Operation of the NE Georgia Food

Bank in Athens/Clarke County

$ 25,000

Atkinson County

Board of

Purchase band uniforms and lighting

Education

at Atkinson County Schools

$ 20,000

City of Atlanta

Operate Atlanta Consultant Mtercare

Georgia Prison and Parole Task Force $ 30,000

City of Atlanta

Operation of Georgia Soccer

Foundation

$ 30,000

City of Atlanta

Operate Paradise Baptist Church after

school program in Atlanta

$ 20,000

City of Atlanta

Operating funds for the School of

Library and Information Programs at

Clarke-Atlanta University

$ 500,000

City of Atlanta

Operating funds for Day Care

Program and Summer Camp

$ 15,000

332

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Atlanta City of Atlanta City of Atlanta City of Atlanta
Board of Education City of Atlanta
City of Atlanta City of Atlanta
City of Atlanta
City of Augusta City of Augusta
City of Augusta
City of Augusta City of Augusta Augusta/Richmond
County

Purchase facility for community

center in City of Atlanta

$

Operation of Arts on the Road

project in City of Atlanta

$

Operation of the Vine City

Housing Ministry

$

Renovation of soccer fields at Inman

Middle School in Atlanta

$

Renovation of recreation center at the

Community Affairs Ministry in Fulton

County

$

Operation of the Morehouse College

Life and History of Black Georgians $

Operation of the Outdoor Activity

Center after school program

in Fulton County

$

Operating funds for Community

Care (Kids in Juvenile

Care) in Fulton County

$

Operation of child advocacy center

in Augusta

$

Construct fields and install additional

lighting at Master City

Little League

$

Operation of the "Shirley Bladke Burn

Retreat" at the Southeastern

Firefighters Burn Foundation

in Augusta

$

Operation of the Augusta Clean and

Beautiful Program

$

Purchase equipment/install lighting

at West Augusta Little League

$

Operating funds for the following:

Beulah Grove Community Resource

Center, Inc., Lucy C. Laney

Museum of Black History,

Augusta-Richmond Opportunities

Center Inc., Good Hope Social

Service Ministry, Inc., CSRA

Transitional Center, Inc.,

and Shiloh Comprehensive

Community Center

$

25,000 20,000 50,000 25,000 50,000 50,000 50,000 20,000 40,000 15,000
55,000 20,000 15,000
37,000

GEORGIA LAWS 2000 SESSION

333

Augusta/Richmond County Board of Education
Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County
Bacon County
City of Baconton
City of Bainbridge
Baker County
Baldwin County
Baldwin County
Baldwin County
Baldwin County Board of Education
Baldwin County Board of Education
Baldwin County

Purchase equipment for Wilkinson Garden Elementary, Terrace Manor Elementary, and purchase equipment and renovate new wing for Glenn Hills High School in Augusta/ Richmond County
Operation of Augusta-Richmond County Fire Rescue Safety House
Installation of a therapeutic whirlpool at Belle Terrace Swim CenterAugusta Recreation and Parks Department
Operating funds for Augusta Youth Center
Operate the Augusta/Richmond County Museum
Restoration and equipment in VFW Building and Masonic Lodge in Bacon County
Improvements to public water delivery service in Baconton
Construct the Southwest Georgia Welcome Center in Bainbridge
Provide funds for site preparation for Baker Elementary School
Develop master plan for Georgia College and State University campus in Baldwin County
Operation of Oconee Prevention Resource Council Inc. in Baldwin
Purchase fireboat for Baldwin County Fire Department

$ 30,000
$ 10,000
$ 5,000 $ 25,000 $ 5,000
$ 5,000 $ 10,000 $ 1,554,600 $ 25,000
$ 10,000 $ 10,000 $ 35,000

Operation of STAR program in

Baldwin County Schools

$

Operation of disciplinary program for

middle schools in the Baldwin County

Student Transition & Recovery

Program

$

Purchase computers and education

software for Baldwin County Boys

and Girls Club

$

25,000 25,000 10,000

334

GENERAL ACTS AND RESOLUTIONS, VOL. I

Banks County City of Barnesville
Barrow County Barrow County Bartow County
Bartow County Bartow County Bartow County
Bartow County Ben Hill County
Ben Hill County City of Berlin Berrien County Berrien County Berrien County
Board of Education Bibb County Bibb County Bibb County Bibb County

Micro-filming of records in Banks

County

$ 20,000

Purchase automated external

defibrillators and an air

respiration system for City

of Barnesville

$ 15,000

Operation of Peace Place Inc. Shelter

for battered women in Barrow County $ 15,000

Renovate Peace Place, Inc., a battered

women's shelter in Barrow County

$ 10,000

Construct a water facility and

expand industry for industrial park

in County

$ 240,000

Operation of child advocacy center in

Bartow County

$ 40,000

Purchase equipment for Folsom Fire

Station in Bartow County

$ 25,000

Purchase equipment for Pine Log

Volunteer Fire Department in Bartow

County

$ 25,000

Replace vehicle Bartow County

transportation of retarded children

$ 75,000

Restoration on e-wing of building and

air conditioning for after school

learning center in Ben Hill County $ 10,000

Improvements to Ben Hill County

landing

$ 15,000

Roof repair on community center in

Berlin

$ 5,000

Purchase equipment for livestock

show barn in Berrien County

$ 10,000

Purchase computer system for the

Berrien County Sheriff Department $ 25,000

Purchase band instruments for Berrien

County High School

$ 10,000

Operation of the Lighthouse Mission in

Bibb County

$ 100,000

Provide funds for a feasibility study

for a stadium in Bibb County

$ 75,000

Operate the Adopt-a-Role Model in

Bibb County

$ 15,000

Operating funds for the Hay House in

Bibb County

$ 30,000

GEORGIA lAWS 2000 SESSION

Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County City of Blackshear City of Blakely City of Blakely Bleckley County City of Bloomingdale
City of Boston
City of Bowersville Brantley County City of Bremen City of Bremen Brooks County Brooks County City of Broxton City of Brunswick

Operating funds for the Douglas

Theater in Bibb County

$

Operating funds for the Harriette

Tubman Museum in Bibb County

$

Develop recreation property for

South Bibb County

$

Operation of Macon Mentoring

Program in Bibb County

$

Operating funds for Mid Georgia

Council on Drugs in Bibb County

$

Operating funds for the Tubman

Museum in Bibb County

$

Operating funds for Bibb County Teen

Court

$

Purchase band uniforms for Central

High School in Bibb County

$

Purchase equipment and improvements

to Old Depot Building in Blackshear $

Renovation of gym in Blakely

$

Replace water lines and fire hydrants

in the City of Blakely

$

Operating funds for Bleckley

Fire Department

$

Repairs and equipment for softball

and baseball fields in

Bloomingdale

$

Renovate library to be used as

multi-purpose community center in

Boston

$

Enhancement to city infrastructure

in Bowersville

$

Operating expenses for constituent

services program in Brantley County $

Operating expenses for Bremen Schools $

Operating expenses for Bremen

recreation facility

$

Renovate community center in Simmon

Hill, Brooks County

$

Construct Tallokas Community Fire

House in Brooks County

$

Rehabilitation of city hall in Broxton

$

Replace recreation equipment in

Goodyear Park, City of Brunswick

$

335
50,000 50,000 40,000 15,000 25,000 15,000 15,000 10,000
5,000 15,000 20,000 15,000
10,000
20,000 10,000 5,000 50,000 15,000 10,000 12,000 5,000 20,000

336

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Brunswick
City of Brunswick
Bryan County Board of Education
Bryan County Board of Education
Bryan County
City of Buchanan
Bulloch County
Butts County
Butts County
City of Byron
City of Byron City of Byron
City of Cadwell Calhoun County
Board of Education City of Cairo
Camden County
City of Camilla
Candler County
City of Canon
City of Carnesville

Replace recreation equipment in

College Park, City of Brunswick

$

Construct a permanent location at City

Dock for area shrimpers in Brunswick $

Purchase uniforms, equipment, and

supplies for Bryan County

athletic teams

$

For school activities by Bryan High

School Booster Club and Hendrix

Park Expansion

$

Purchase equipment for emergency fire

vehicle in Bryan County

$

Operating expenses for Buchanan

recreation facility

$

Construct restroom building adjacent

to soccer complex at Mill Creek

Park, Statesboro in Bulloch County $

Purchase equipment for the Butts

County Fire Department

$

Purchase equipment, renovate

playground, and repair tennis

courts in Butts County

$

Develop downtown park in City of

Byron

$

Operation of a city park in Byron

$

Purchase equipment and improvements

for Byron City Park

$

Operating funds for City of Cadwell

$

Resurface track at Calhoun County

High School

$

Repairs to Roddenberry Memorial

Library in Cairo

$

Operation of Risk Watch Program at

the Camden County Fire Rescue Unit $

Improvements to a recreational

complex in Camilla

$

Purchase equipment and supplies for

the communications center in

Candler County

$

Operating funds and equipment at

Canon City Community Center

$

Construction on Carnesville recreational

complex

$

20,000 10,000
15,000
50,000 10,000 15,000
10,000 30,000
15,000 50,000 10,000
5,000 10,000
10,000 10,000 90,528 25,000
10,000 15,000 25,000

GEORGIA LAWS 2000 SESSION

337

City of Cartersville City of Cave Spring City of Cave Springs City of Cecil City of Cedartown City of Centerville City of Centerville/
Houston County City of Chamblee City of Chamblee
Charlton County Charlton County Chatham County Chatham County Chatham County Chatham County Chatham County Chatham County Chatham County
Chatham County
Chatham County

Operation of recreation facility in the

City of Cartersville

$ 25,000

Purchase water pump for water

system in Cave Spring

$ 25,000

Repair roof for Georgia School

for the Deaf

$ 25,000

Purchase fire fighting equipment for

volunteer fire department in Cecil

$ 7,500

Operation of recreation facility in the

City of Cedartown

$ 25,000

Operating funds for the Senior Citizen

Building in Centerville

$ 25,000

Operating expenses for

Centerville/Houston County

Fire Department

$ 25,000

Improvements to computers at Elaine

Clarke Center in City of Chamblee

$ 15,000

Operatum of a multi-use recreational

facility in the City

of Chamblee

$ 20,000

Repairs and maintenance of county

buildings in Charlton County

$ 5,000

Purchase radio communication equip-

ment for Southern Charlton County $ 25,000

Construct firing range at Armstrong

State University in Chatham County $ 25,000

Operation of Historic Lucas Theater

in Chatham County

$ 50,000

Operating funds for the Roundhouse

Center Complex in Chatham County $ 100,000

Operating funds for Bamboo Farm and

Coastal Gardens in Chatham County $ 25,000

Outdoor Kiosk-Highway 21 to I-95

in Chatham County

$ 10,000

Repairs for Cooper Center in Garden

City

$ 5,000

Repairs and improvements to the

Ogelthorpe Academy in City of

Savannah/Chatham County

$ 45,000

Operation of the Eighth Air Force

Museum "Women in Aviation"

Exhibit in Chatham County

$ 50,000

Operation of the Mighty Eighth Air

Force Museum in Chatham County $ 100,000

338

GENERAL ACTS AND RESOLUTIONS, VOL. I

Chatham County
Chatham County
Chattahoochee Board of Education
Chattooga County
Chattooga County
Chattooga County Board of Education
City of Chester
City of Chickamauga
Clarke County
Clay County
Clay County
Clay County
Clayton County Board of Education

Purchase van for Frank Callen Boys & Girls Club in Chatham County
Promote tourism in Chatham County including land acquisition improvements and other capital outlay or development costs
Purchase equipment and supplies for the Chattahoochee Board of Education
Improvements to the water line at Chattooga County Cloudland Water System
Purchase jaws of Life' for Gore Fire Department in Chattooga County
Construct a computer technology shop for Chattooga High School in Chattooga County
Establish a Chester City Police Department
Historic preservation and paving in Chickamauga
Operation of Strong Day Recovery Residence in Clarke County
Operation of the Clay County EMS/ ambulance services
Planning funds for the Clay County Airport
Operating expenses for EMS/ambulance services in Clay County
$5,000 each to West Clayton Elementary, E.W. Oliver Elementary, Northcutt Elementary, Church St. Elementary, and Riverdale Elementary for playground equipment; $10,000 for North Clayton High (band uniforms); $10,000 each for operating expenses for Pointe South Middle, North Clayton Middle, Riverdale Middle, and Riverdale High School

$ 30,000
$ 3,650,000 $ 50,000 $ 50,000 $ 10,000 $ 37,000 $ 5,000 $ 15,000 $ 10,000 $ 20,000 $ 15,000 $ 10,000
$ 75,000

Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County
Clayton County
Clayton County Board of Education
Clayton County
Clayton County
Clayton County
Clayton County
City of Climax
Clinch County
Clinch County
Cobb County

GEORGIA LAWS 2000 SESSION
Purchase playground equipment for Riversedge Elementary in Clayton County
Purchase computer software for at risk reading students of Suder Elementary in Clayton County
Purchase new bleachers for soccerI
softball fields at Lovejoy High School in Clayton County Purchase circulating media table and projection device for Kemp Elementary in Clayton County Calvary Refuge Center - operation of emergency shelter and refuge center for misplaced persons in Clayton County Reynolds Nature preserve - park development/enhancements in Clayton County

339
$ 7,500 $ 7,500 $ 12,000 $ 10,000
$ 30,000 $ 60,000

Purchase safety cameras for school

buses in Clayton County

$

Forest Park Athletic Complex - remodel

concession stand and purchase

equipment in Clayton County

$

Construct child care center for

Youth Empowerment Project in

Clayton County

$

Operation of the Arts Clayton, Inc.

in Clayton County

$

Operation of the Alzheimer's Support

Services in Clayton County

$

Purchase fire equipment in City of

Climax

$

Operation of Bridges of Hope in Clinch

County

$

Renovate/install canopy at Clinch

County Recreation Park

$

Renovations to and lighting for

Clarksdale Village Baseball Fields

(Southwest Baseball Association, Inc.)

in Cobb County

$

10,000
25,000
40,000 25,000 50,000
5,000 10,000 5,000
20,000

340

GENERAL ACTS AND RESOLUTIONS, VOL. I

Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County
Cobb County Board of Education
Cobb County
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County
City of Cobbtown City of Cochran
Coffee County

Foundation 2000 for Children improve

educational facilities in Cobb County $

Improve educational facilities for South

Cobb High School Education

Foundation

$

Purchase equipment and renovate

North Cobb High School stadium

$

Purchase of two sousaphones for North

Cobb High School

$

Brumby Elementary School - Provide

covered walkways and landscape

in Cobb County

$

Teasley Elementary School - Provide

wiring upgrades and covered

walkways in Cobb County

$

Expansion of the Cobb County Youth

Museum, Inc.

$

Sprayberry High School - build

field house in Cobb County

$

Purchase/install lights for Clarksdale

Village Baseball Fields (Southwest

Baseball Association, Inc.) in

Cobb County

$

Construction of multi-purpose outdoor

classroom at Pope High School in

Cobb County

$

Construct an athletic facility for

Campbell High School in Cobb

County

$

Purchase musical instruments and

computer equipment for Autry

Middle School in Cobb County

$

Operation of the Cobb County

Collaborative

$

Upgrade softball field in Cobbtown

$

Operating funds for Cochran Arts

Center

$

Soccer field improvements at South

Georgia Soccer Club in Coffee

County

$

25,000 15,000 10,000 5,000 10,000 10,000 25,000 35,000
15,000 50,000 20,000
3,000 20,000
5,000 10,000 5,000

Coffee County
Coffee County
Coffee County Board of Education
Coffee County Board of Education
City of Colquitt
Colquitt County
Columbia County Board of Education
Columbia County Board of Education
Columbia County Board of Education
Columbia County Board of Education
Columbia County
Columbia County
Columbia County Board of Education
Columbia County
Columbia County Board of Education

GEORGIA LAWS 2000 SESSION

341

Purchase radio repeater and tower for

Coffee County emergency

management

$ 5,000

Purchase equipment for West Green

Community Center Fire Department

in Coffee County

$ 10,000

Purchase lighting for Coffee High School practice field

$ 10,000

Purchase Coffee County High School

PA System

$ 1,500

Planning, design and renovation of

historic building in City of Colquitt $ 10,000

Purchase turnout gear for the Colquitt

County Volunteer Fire Department

$ 10,000

Operating funds for the Columbia County School System
Renovation and improvements to stadiums at Evans High School in Columbia County
Improvements to girl's softball field at Evans High School in Columbia County

$ 340,000 $ 5,000 $ 10,000

Purchase of band uniforms for Lakeside

High School in Columbia County

$

Purchase of communications equipment

for Columbia County Sheriff's

Department

$

Purchase air packs and equipment

for Appling Volunteer Fire

Department in Columbia County

$

Purchase safety lighting for baseball

field at Greenbriar High School

in Columbia County

$

Landscape, erosion control and

improvements to playground at Blue

Ridge Elementary in Columbia

County

$

10,000 10,000 10,000 25,000
5,000

Operation of foreign language program

in Columbia County schools

$ 50,000

342

GENERAL ACTS AND RESOLUTIONS, VOL. I

Columbia County

Board of

Playground improvements at South

Education

Columbia Elementary

$ 5,000

Columbus/Muscogee Operation of Peabody

County

Against Drugs

$ 5,000

Columbus/Muscogee Operation of BTW Against

County

Drugs

$ 5,000

Columbus/Muscogee Operation of SW Muscogee Against

County

Drugs

$ 20,000

Columbus/Muscogee Operation of prison rehabilitation

County

in Muscogee County

$ 20,000

Columbus/Muscogee Operation of the "Winterfield on the

County

Move" in Muscogee County

$ 25,000

Columbus/Muscogee Operation of the ''Veterans Life Action

County

Center" in Muscogee

$ 25,000

Columbus/Muscogee Operation of the Columbus Community

County

Center Outreach Program in

Columbus/Muscogee County

$ 25,000

Columbus/Muscogee Operate Project Rebound/Family

County

Institute alternative program in

Columbus

$ 15,000

Columbus/Muscogee Operate Community Health Center for

County

South Columbus in Muscogee County $ 35,000

Columbus/Muscogee Operate Two Thousand Opportunities,

County

Inc. in Columbus/Muscogee County $ 50,000

Columbus/Muscogee Operate Liberty Theater Cultural

County

Center, Inc in Columbus/

Muscogee County

$ 100,000

Columbus/Muscogee AJ. McClung YMCA-Operation of after

County

school program in Columbus

$ 25,000

Columbus/Muscogee Operate the Play and Learn Together

County

Program in Columbus/Muscogee

County

$ 15,000

Columbus/Muscogee Operation of Summer tutorial program

County

by Combined Communities of

Southeast Columbus

$ 25,000

Columbus/Muscogee Operation of The Spencer House in

County

Columbus/Muscogee County

$ 20,000

Columbus/Muscogee Operation of the Metro Columbus

County

Urban League Youth Alive

$ 25,000

Columbus/Muscogee Columbus Youth Network outreach

County

program for disadvantaged youth

in Columbus/Muscogee County

$ 15,000

GEORGIA LAWS 2000 SESSION

343

City of Columbus City of Columbus
City of Columbus
City of Columbus City of Columbus City of Commerce
Board of Education City of Concord City of Conyers Cook County Board of Education Coweta County
Coweta County Crawford County Crisp County City of Cuthbert
City of Dallas City of Dalton City of Dalton City of Danville

Operating funds for the Springer Opera

House in Columbus

$ 100,000

Operating funds for the Metropolitan

Columbus Task Force for the

Homeless in Columbus

$ 25,000

Operating funds for the Woodruff

Museum of Civil War Naval History

in Columbus

$ 100,000

Operation of Easter Seals Program of

West Georgia in Columbus

$ 40,000

Operating funds for Outreach Program-

Boys Club of Columbus, Inc

$ 120,000

Purchase/install heating and cooling

unit for Commerce High School gym $

Water system improvements in Concord $

Development of Big Haynes Creek

Nature Center

$

20,000 10,000
50,000

Pave sidewalk at Cook County Middle

School along Elm Street

$ 50,000

Construct the Coweta Central Education

Center for a Governor's Education

and Reform Study Commission

(GERSC) pilot project

$ 7,000

Equip Senior Center rooms in

Newnan/Coweta County

$ 10,000

Operation of Crawford County

Recycling Center

$ 15,000

Operating funds for the Arts Alliance

in Crisp County

$ 10,000

Cuthbert Housing Authority - Construct

an assisted living and Alzheimer

facility in Cuthbert

$ 10,000

Renovations to the Dallas Theater and

Civic Complex

$ 100,000

Operation of the Northwest Georgia

Girls Home

$ 20,000

Operation of Northwest Georgia Girl's

Home in Dalton

$ 25,000

Repairs and equipment for the Danville

Police Department

$ 50,000

344

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Darien
City of Darien City of Dawson City of Dawson
City of Dearing
City of Decatur DeKalb County
DeKalb County
DeKalb County DeKalb County
DeKalb County
DeKalb County
DeKalb County DeKalb County
DeKalb County Board of Education
DeKalb County DeKalb County

Purchase computer equipment for

Mcintosh County Sheriffs'

Department in Darien

$

Repairs to Fort King George Quarters

Barrack in Darien

$

Install central air and heating at

Carnegie Library in Dawson

$

Renovation of downtown building by

Dawson Downtown Development

Authority

$

Operation of the Center for Applied

Nursery Research in the City of

Dearing

$

Repair of sidewalk in City of Decatur

$

Design and construction for DeKalb

County Children's Shelter for two

therapeutic group homes

$

Purchase right-of-way and design

for intersection of Briarcliff and

LaVista in DeKalb County

$

Construct a service center at Senior

Connections in DeKalb County

$

Make improvements to the Briarwood

Recreation Center and grounds in

DeKalb County

$

Renovation of classroom at Cedar

Grove Middle School for DeKalb

Environmental Education Center

$

Construct storm water flood protection

at Zonolite Drive Industrial

Park in DeKalb County

$

Beautification of DeKalb communities $

Repair and purchase of band

instruments for Towers and Columbia

High Schools in DeKalb County

$

Operation of DeKalb elementary schools

honors programs

$

Operation of the Senior Connection

in DeKalb County

$

Develop master plan for Dresden

Park in DeKalb County

$

5,000 25,000 30,000
50,000
20,000 12,000
38,000
10,000 25,000
10,000
10,000
25,000 10,000
12,000
13,000 2,000 20,000

DeKalb County
DeKalb County Board of Education
DeKalb County
DeKalb County Board of Education
DeKalb County
DeKalb County
DeKalb County Board of Education
DeKalb County Board of Education
DeKalb County
DeKalb County Board of Education
DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County

GEORGIA LAWS 2000 SESSION

Operation of Scottdale Child

Development & Family Resources

Center of Central DeKalb

$

Stone Mountain Middle School for

purchase of marquee in

DeKalb County

$

Improvements to Gresham Park Baseball

and Softball Association field and

Senior Center in South DeKalb

$

Purchase materials for Word Up

Reading Program at Kelley Lake

Elementary School in DeKalb

County

$

Operate Changed Living Recovery

Residence, Inc. in DeKalb County

$

Operate Youth Vision Industry

Business Empowerment, Inc.

$

Operate the Soar to Success Reading

Program at Flat Shoals Elementary

School in DeKalb County

$

Purchase educational materials for

Gresham Park Elementary after

school and tutorials programs

in Dekalb County

$

Beautification projects in DeKalb

County

$

345
20,000 5,000
25,000
10,000 25,000 40,000
5,000
10,000 10,000

Beautification project at Glenhaven

Elementary in DeKalb County

$

Contract for services from Operation

Dignity in DeKalb County

$

Operation of neighborhood after school

programs in DeKalb County

$

Purchase school supplies for Decatur

Arts Academy

$

Purchase of equipment and supplies

for DeKalb County Sheriff Reserve

$

Clarkston Community Center

Foundation for Old Clarkston High

renovations in DeKalb County

$

Study and planning for War Between

the States campsites in DeKalb

County

$

5,000 15,000 15,000 2,000 2,000
25,000
75,000

346

GENERAL ACTS AND RESOLUTIONS, VOL. I

DeKalb County DeKalb County
Board of Education DeKalb County Board of Education DeKalb County
DeKalb County DeKalb County DeKalb County DeKalb County
DeKalb County DeKalb County DeKalb County
DeKalb County
DeKalb County DeKalb County DeKalb County DeKalb County DeKalb County City of Dexter City of Dillard Dodge County

Purchase and plant trees in DeKalb

County

$

Purchase and install electric sign

at Toney Elementary School in

DeKalb County

$

Operation of Forrest Hills Elementary

School for Accelerated Reading

Program in DeKalb County

$

Operation of Columbia Community

Connection's Father to Father Men's

services program in DeKalb County $

Operation of Georgia Strike Out

Stroke Committee in DeKalb County $

Wade-Walker Park - repairs and

operations in DeKalb County

$

Operation of Positive Growth, Inc.

in DeKalb County

$

Operation of Scottdale Community

Planning Council Transitional Home

for Women & Girls in DeKalb County $

Operation of Scottdale Senior Citizen

Center in DeKalb

$

Operation of South DeKalb Community

Development Corporation

$

Operation of The Legacy Program in

DeKalb County for the Decatur

Chapter of 100 Black Women, Inc.

$

Make improvements to and purchase

program equipment and materials

for Mark Trail Recreation Center

$

Operation of mentoring programs in

DeKalb County

$

Operation of William T. White Family

Resource Center in DeKalb County $

Operation of Southeast YMCA after

school program in DeKalb County

$

Operation of Safe Haven program

in DeKalb County

$

Operation of the Legacy Program

in DeKalb County

$

Upgrade of technology in Dexter

$

Renovation of school building in Dillard $

Improvements to facilities at Eastman/

Dodge County Recreation Department $

25,000
6,000
8,000
7,500 7,500 30,000 25,000
75,000 25,000 10,000
50,000
25,000 40,000 35,000 25,000 50,000 10,000 15,000 35,000
5,000

GEORGIA LAWS 2000 SESSION

347

Dodge County City of Doerun City of Donaldsville Dooly County Dougherty County
Dougherty County Dougherty County Dougherty County Dougherty County Douglas County Douglas County Douglas County
Board of Education Douglas County Board of Education City of Douglas City of Douglas City of Dublin City of Dublin City of Dudley City of Duluth City of East Dublin

Operating funds for Eastman Dodge

County Development Authority

$ 25,000

Upgrade and maintenance at recreation

facility in Doerun

$ 10,000

Purchase equipment for the

Donaldsville City Fire Department

$ 10,000

Purchase/install elevator at the

Dooly County Courthouse

$ 100,000

Operating funds for River Road,

Inc d/b/a SAFEC- (South Albany

Family Enrichment Collaborative)

in Dougherty County

$ 10,000

Operating funds for Dougherty County

Community Coalition

$ 25,000

Renovation of Cotton Hall Cultural

Center in Dougherty County

$ 10,000

Provide for a feasibility study for

Dougherty County recreation facility $ 90,000

Promote Flint River Tourism in

Dougherty County

$ 150,000

Operation of Lithia Springs Library

in Douglas County

$ 25,000

Purchase equipment for Lithia Springs

Library in Douglas County

$ 5,000

Equipment for integrated info systems

technology lab at Lithia Springs High

School in Douglas County

$ 25,000

Purchase equipment for Lithia Springs

High School in Douglas County

$

Purchase HAZMAT Trailer for Douglas

Fire Department

$

Renovation and concession stand

for Wheeler Park in Douglas

$

Monument to public safety officers

in Dublin

$

Relocate utilities for road improvements

in Dublin

$

Water and sewer upgrades for

Dudley Elementary School

$

Construct a community center for

Taylor Park in Duluth

$

Relocate water and sewers in

East Dublin

$

10,000 5,000 5,000 10,000 10,000 15,000 60,000 15,000

348

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of East Point
City of East Point City of Eastman Echols County Effingham County
Board of Education Effingham County Effingham County Effingham County
Elbert County Elbert County Elbert County Elbert County Emanuel County Emanuel County
Board of Education Emanuel County
Emanuel County Emanuel County City of Emerson City of Enigma
City of Euharlee

Transportation for therapeutic

recreation program participants

in East Point

$ 50,000

Operation of project to identify

behavioral problems in East Point

$ 30,000

Operating funds for Magnolia Theater

in Eastman

$ 10,000

Renovate recreation building in

Statenville, Echols County

$ 40,000

Renovation of Old Ebenezer One-Room

School in Effingham County

$ 10,000

Construction of public safety

facility in Effingham County

$ 500,000

Improve Jaycee Park in Rincon,

Effingham County

$ 8,000

Purchase fire fighting equipment for

Sand Hill Fire Department in

Effingham County

$ 10,000

Elbert County Airport improvements

$ 32,000

Renovate Elberton Arts Theater in

Elbert County

$ 25,000

Construct facilities at William

Recreation Park in Elbert County

$ 50,000

Replace worn out band instruments -

Elbert County High School

$ 3,000

Purchase equipment for Emanuel

County Library

$ 10,000

Purchase band uniforms for Emanuel

County Institute Band

$ 10,000

Operation of the East Georgia

Health Cooperative in Emanuel

County

$ 75,000

Repairs/renovation of Emanuel County

Arts Council facility

$ 15,000

Operating funds for Emanuel County $ 38,000

Improvements to recreation facility in

the City of Emerson

$ 15,000

Purchase fire fighting equipment for

volunteer fire department in City

of Enigma

$ 7,500

Operation of recreation facility in

the City of Euharlee

$ 15,000

GEORGIA lAWS 2000 SESSION

349

Fannin County
Fannin County
City of Fargo
City of Fargo
Fayette County Board of Education
City of Fitzgerald
Floyd County Board of Education
Floyd County Board of Education
City of Folkston City of Ft. Gaines
City of Fort Oglethorpe
City of Fort Valley
City of Fort Valley
Franklin County
Franklin County
City of Franklin Springs
Fulton County
Fulton County

Renovation and repair of Fannin

County Courthouse

$ 5,000

Renovation of the Epworth Community

Center

$ 10,000

Partial re-roofing and renovation .

of school building in Fargo

$ 20,000

Renovate Old Fargo Elementary

School building

$ 100,000

Purchase security fence for playground

Kedron Elementary in Fayette County $

Construct an American Legion

Memorial in City of Fitzgerald

$

Operate Children Helping Children

in elementary schools of Rome,

Floyd County

$

20,000 10,000
25,000

Purchase band uniforms for Pepperell

High School in Floyd County

$ 25,000

Promotion of tourism in Folkston

$ 2,500

Renovation of senior citizen building

in Fort Gaines

$ 10,000

Purchase fire department equipment

and downtown development in Fort

Oglethorpe

$ 10,000

Purchase of new streetlights for

downtown area in Fort Valley

$ 50,000

Repair roof for theater project

at the Fort Valley Downtown

Development Authority

$ 10,000

Purchase equipment for Gumlog

Volenteer Fire Department in

Franklin County

$ 10,000

Construction of county recreation park

in Franklin County

$ 15,000

Emergency repair to city waterI

sewer system in Franklin Springs

$ 15,000

Operating funds for Atlanta Fulton

Action Agency

$ 30,000

Operation of the Council on Minority

Health and Education of

Metropolitan Atlanta, Inc

$ 50,000

350

GENERAL ACTS AND RESOLUTIONS, VOL. I

Fulton County
Fulton County Board of Education
Fulton County Fulton County Fulton County Fulton County Fulton County
Fulton County Board of Education
Fulton County Fulton County
Fulton County Fulton County
Fulton County Fulton County
Fulton County City of Funston City of Gainesville City of Gainesville

Renovation and purchase of equipment

for Autry Mill Nature Preserve in

Fulton County

$

5,000

Purchase novel sets for Centennial

High School in Fulton County

$ 10,000

Operation of the Promise Children's

Home, Inc. in Fulton County

$ 20,000

Operation of A.U.D.I.E.N.C.E.

in Fulton County

$ 75,000

Operation of Kidsgym USA,

Inc. in Fulton County

$ 50,000

Operate Project Prevent through Emory

University in Fulton County

$ 25,000

Operate My House emergency shelter

through Emory University in

Fulton County

$ 25,000

Construction and equip an arboretum

outdoor classroom at Dolvin

Elementary in Fulton County

$ 20,000

Operating funds for Atlanta Fulton

Action Agency

$ 50,000

Restoration and repairs to Williams-

Payne Museum building in Fulton

County

$ 40,000

Operating funds for the Southwest

Hospital in Fulton County

$ 100,000

St. Paul's Golden Age Center-for

equipment, operations and staff

training in Fulton County

$ 25,000

Operation of the Carrie Steele-Pitts

Home in Fulton County

$ 25,000

Renovations to the Southwest

Community Hospital to make

ADA compliant in Fulton County

$ 50,000

Operation of Georgia Coalition of

Black Women internship in Fulton

$ 30,000

Purchase office equipment and

computers for City of Funston

$ 5,000

Purchase, plan and develop neighbor-

hood park in Gainesville

$ 40,000

Purchase playground equipment for

south side community in

Gainesville

$ 10,000

. GEORGIA LAWS 2000 SESSION

351

City of Garden City City of Garden City
Georgia Mountain RDC
Georgia Mountain RDC
City of Gibson Gilmer County Glascock County Glascock County City of Glennville
Glynn County
Glynn County
Glynn County Board of Education
Glynn County
Grady County City of Gray

Renovate gym to multipurpose center in Garden City
Promote tourism in City of Garden City including land acquisition, improvements and other captial outlay or development costs
Operation of Boys and Girls Clubs in Georgia Mountain RDC
Construct a teaching facility for Elachee Nature Science Center for Georgia Mountain RDC
Purchase of computer and software for the Gibson Police Department
Purchase a Class A fire truck for Gilmer County
Construction of an auxiliary fire station in Glascock County
Purchase a police car for the Glascock Sheriff Department
Glennville Recreation Department construct storage facility addition and purchase playground equipment
Improvements and repairs to Epworth and Thalmann Parks in Glynn County
Renovate and purchase computer equipment for St. Simons Island Library in Glynn County

$ 10,000
$ 150,000 $ 10,000 $ 5,000 $ 7,500 $ 10,000 $ 10,000 $ 10,000
$ 10,000 $ 20,000 $ 20,000

Purchase air conditioning at the

Glynn Academy High School

$

Operation of the Speech, Hearing

and Rehabilitation of Coastal Georgia,

Inc. in Glynn County

$

Show barn and livestock facility

improvements in Grady County

$

Rebuild and repaint fire equipment

for Gray Fire Department

$

25,000
25,000 25,000 15,000

352

GENERAL ACTS AND RESOLUTIONS, VOL. I

Greene County
Greene County
Greene County
Greene County
City of Grovetown
City of Guyton
City of Guyton
Gwinnett County Board of Education
Gwinnett County Board of Education
Gwinnett County Board of Education
Gwinnett County Board of Education
Gwinnett County Board of Education
Gwinnett County
Gwinnett County Board of Education
Gwinnett County Board of Education
Gwinnett County Board of Education

Restoration of the historic Dr.

Calvin M. Baber House in Greene

County

$

Restoration of historic Greensboro

Gymnasium in Greene County

$

Repair and recarpet the Greene County

Library

$

Purchase land to develop a

recreation complex in Greene

County

$

Renovation of Grovetown Community

Center

$

Purchase trailer mounted aerial

lift in Guyton

$

Purchase playground equipment for

City of Guyton

$

Construct a stadium facility at South

Gwinnett High School

$

Stadium renovation for South Gwinnett

High School

$

Purchase equipment for Berkmar

Diamond Booster Club at Berkmar

High School in Gwinnett County

$

Improvements to athletic

facilities at Shiloh High School

in Gwinnett County

$

Restoration of 1890 school house in

Gwinnett County

$

Norcross High School trip to

Washington DC (Gwinnett County) $

Purchase educational materials and

equipment for Rockbridge Elementary

in Gwinnett County Schools

$

Playground repair, enhancement and

equipment and math intervention

program materials for Nesbit

Elementary School in Gwinnett

County

$

Travel expenses for Norcross High

School Band in Gwinnett County

$

2,500 7,500 20,000 30,000 5,000 10,000 10,000 75,000 15,000 25,000 25,000 25,000 20,000 25,000
25,000 10,000

GEORGIA lAWS 2000 SESSION

Gwinnett County
Gwinnett County Board of Education
Gwinnett County Board of Education
Gwinnett County Board of Education
Gwinnett County Board of Education
Hall County Board of Education
Hall County Board of Education
Hall County
City of Hampton City of Hapeville Haralson County
Haralson County
City of Harrison
Hart County Board of Education
City of Hawkinsville
City of Hawkinsville
Heard County

Install lighting, renovate concessions and other improvements to the Lilburn/Greater Gwinnett
Athletic Association/Lions Club Park $

Construct football stadium at Collins
Hill High School in Gwinnett County $

Renovate football stadium at Dacula

High School

$

Purchase and install lights at Dacula

High School baseball field

$

Improvements to fields and equipment

at Berkmar High School in Gwinnett

County

$

Improvements to athletic field at

Johnson High School in Hall County $

Construct an awning to bus loading

area at Flowery Branch Elementary

School in Hall County

$

Develop nature preserve programs at

Elachee Nature Science Center

$

Renovation of Hampton City Hall

$

Renovations to Hapeville city pool

$

Operating expenses for Haralson

County Schools

$

Operating expenses for Blooming Grove

Fire Department

$

Completion of a park in City of

Harrison

$

Hart County High School - renovation

and construction at recreation

complex

$

Maintenance and operation of M.E.

Roden Memorial Library in

Hawkinsville

$

Feasibility study for river front

improvements in City of Hawkinsville $

Construct a solid waste convenience

center in Heard County

$

353
25,000
40,000
50,000
35,000
50,000
20,000
10,000 10,000 10,000 50,000 50,000 15,000 25,000
15,000
10,000 50,000 50,000

354

GENERAL ACTS AND RESOLUTIONS, VOL. I

Heard County Board of Education
Heard County
Heard County
City of Hiawassee
Henry County
Henry County
Henry County Board of Education
Henry County Board of Education
City of Hoboken
City of Hogansville
City of Homeland
Houston County
Houston County Board of Education
Irwin County
Irwin County
Irwin County Board of Education
Irwin County Board of Education

Purchase field lights for baseball

field at Heard County High School $

Purchase lights for Riverside Park in

Franklin and create a new ballpark

and playground

$

Provide water and electricity to

Brush Creek Park in Heard County $

Renovate and roof historic Hiawassee

City Hall

$

Purchase cameras for the Henry

County Police Department

$

Build entrance, drainage and

practice fields-Moseley Park,

Stockbridge in Henry County

$

Purchase/install lighting system for

women's softball field at Eagles

Landing High School in Henry

County

$

Purchase/install lighting system

for women's softball field at

Henry County High School

$

Construct a veterans memorial in

Hoboken

$

Purchase/construct sanitary sewage

pump station in Hogansville

$

Operating expenses and equipment for

the Homeland Police Department

$

Operating funds for the Houston

County Arts Alliance

$

Purchase equipment for vocation lab

in Houston County schools

$

Repair and renovation work to

Irwin County Courthouse

$

Repair and restoration of monument on

courthouse square in Irwin County

$

Purchase of equipment for Irwin

County High Marching Band

$

Purchase band uniforms for Irwin

County High School

$

15,000
15,000 10,000 25,000 45,000
10,000
10,000
10,000 5,000 75,000 2,500 25,000
15,000 15,000 5,000
5,000
20,000

GEORGIA LAWS 2000 SESSION

Jackson County
City of Jacksonville
Jasper County
Jeff Davis County
Jeff Davis County Board of Education
City of Jefferson
Jefferson County
Jefferson County
Jenkins County
Jenkins County
Jenkins County
City of Jesup Johnson County
Board of Education Johnson County
Johnson County
Johnson County Board of Education
Jones County
City of Kennesaw
City of Keysville
City of Kingston

Construct a horticultural building

in Jackson County

$

Operating funds for Jacksonville

Fire Department

$

Improvements to Rose Bowl Field

for Jasper County

$

Operating funds for the recreation

facility in Jeff Davis County

$

Purchase high school ball field

lights in Jeff Davis County

Schools

$

Construction of the City of

Jefferson Fire Station

$

Purchase equipment for Jefferson

County Sheriff Department

$

Completion of park project in

Jefferson County

$

Jenkins County Development Authority-

renovate train depot in Millen

$

Construct addition to Agriculture

Center in Jenkins County

$

Repairs to depot/museum chamber

office in Jenkins County

$

Senior Citizen facility repairs in Jesup $

Construct multi-purpose facility

in Johnson County Schools

$

Repair pumper truck and equipment

for the Scott Volunteer Fire

Department in Johnson County

$

Purchase well, pump and equipment

for the Buckeye Volunteer Fire

Department in Johnson County

$

Construct multi-purpose facility for

Johnson County schools

$

Operation of Boys and Girls

Clubs in Jones County

$

Expansion and renovation of facility

at Kennesaw Civil War Museum

$

Complete the construction of the

Keysville Human Development Center $

Sewage project in City of Kingston

$

355
18,000 5,000 10,000 10,000
50,000 10,000 20,000 50,000 20,000 5,000 5,000 10,000
25,000
2,500
2,500
25,000 10,000 25,000 35,750 31,000

356

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Kingsland
City of Kite
City of LaFayette
Lake City Lamar County
Lamar County
Lanier County Board of Education
Laurens County Board of Education
Laurens County City of Lavonia
Lee County
Lee County
Lee County Board of Education
Lee County
Liberty County
Liberty County
Liberty County Board of Education
Liberty County
Liberty County

Construct/operate animal control

shelter in City of Kingsland

$

Renovation and repair of community

center in City of Kite

$

Purchase police vehicle cameras

for LaFayette Police Department

$

Improvements to park in Lake City

$

Equipment and improvements for

Redbone Volunteer Fire Department

in Lamar County

$

Lamar County Agricultural Authority-

Construct a show facility

$

Construct press box and dressing

room for football stadium in

Lanier County

$

Planning for joint school auditorium

in Laurens County

$

Operating funds for Cedar Grove

$

Development of city park and playing

field in Lavonia

$

Install lighting at Lee County

Dixie Youth Baseball fields

$

Provide and improve lights at

Lee County Pee Wee and Pony

League Fields

$

Improvements to irrigation system

on athletic fields at Lee County

Schools

$

Promote economic development at Lake

Blackshear in Lee County

$

Fleming Volunteer Fire Department

equipment purchase in Liberty

County

$

Purchase equipment for Walthourville

Fire Department in Liberty County

$

Repair and renovation at alternative

school/psycho-ed center in

Hinesville, Liberty County

$

Purchase medical supplies for Coastal

Medical Clinic in Liberty County

$

Install water and restrooms at

Seabrook Village Foundation in

Liberty County

$

25,000 5,000
25,000 10,000
5,000 50,000
25,000
10,000 10,000 15,000 16,000
40,000
25,000 40,000
5,000 10,000
25,000 17,000
20,000

GEORGIA LAWS 2000 SESSION

357

City of Lilburn
Lincoln County Lincoln County
Lincoln County City of Locust Grove
Lowndes County Lowndes County
Board of Education Lowndes County
Lowndes County
Long County City of Ludowici Lumpkin County
City of Lyons
City of Lyons City of Macon City of Macon Macon County City of Macon

Renovation and equipment Greater

Gwinnett Athletic Association

Lions Club Park in Lilburn

$

Purchase pagers and light turnout

gear for Lincoln County Rescue

$

Purchase equipment for Midway

Volunteer Fire Department in Lincoln

County

$

Purchase equipment for Lincoln County

Office of Emergency Services

$

Purchase investigative equipment

for police department and recreation

improvements for City of Locust

Grove

$

Construct North Lowndes County

Fire Station

$

15,000 5,000 5,000 10,000
9,000 25,000

Renovate tennis courts at Lowndes County High School
Pave drive and parking area of Boys and Girls Club of Valdosta in Lowndes County
Building and design funds for Regional Fire Training Center facility in Lowndes County
Operating expenses for Long County Police and fire departments
upgrades in Ludowici Purchase fencing and lighting
for public swimming pool in City of Dahlonega, Lumpkin County Recreation Department to retire outstanding debt on community center in City of Lyons Operation of the recreation department in Lyons Purchase Police Athletic League equipment in City of Macon Purchase/construct a recreation/ sports facility in Macon Increase seating capacity in Macon County school stadium Operate the Douglas Theater in the City of Macon

$ 25,000
$ 15,000
$ 10,000 $ 150,000 $ 10,000
$ 5,000
$ 20,000 $ 5,000 $ 15,000 $ 45,000 $ 100,000 $ 100,000

358

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Macon
Madison County Board of Education
City of Madison
City of Manchester
City of Manchester
City of Marietta
City of Marietta
City of Marietta
City of Marietta Board of Education
Marion County Board of Education
City of McCaysville
City of McCaysville City of McCaysville City of McCaysville McDuffie County
Board of Education McDuffie County Board of Education McDuffie County Board of Education Mcintosh County
City of McRae

Operation of the Tubman Museum in

Macon

$

Construct multipurpose recreation park

for Madison County Board of

Education

$

Operation of the Madison Cultural

Center

$

Purchase/install street lights

for community building in

Manchester

$

Transfer/removal of overhead

power lines in downtown Manchester

County

$

Operation of the Wellstar Hospice

Program in Cobb County

$

Repair of pre-Civil War cannon

through the Marietta Museum of

History

$

Operating funds for the Marietta

Museum of History

$

Playground enhancements at five

elementary schools in Marietta

$

Construct track at football field for

Marion County Schools

$

Build and furnish public restrooms

in McCaysville

$

Renovate city park in McCaysville

$

Study downtown parking in McCaysville $

Furnish new City Hall in McCaysville

$

Restoration of Bowden:Johnson

Home McDuffie County Historical

Society

$

Purchase equipment for new band

facility for the Thomson High

School Band

$

Purchase computer hardware, software

and cable for the Thomson

High School band room

$

Construct multi-purpose facility

in Mcintosh County

$

Operating funds for McRae/Helena

South Georgia Auditorium

$

25,000
25,000 2,000
40,000
50,000 50,000
10,000 15,000
25,000
30,000 10,000 10,000 10,000 10,000
10,000
10,000
6,500 35,000 10,000

GEORGIA LAWS 2000 SESSION

Meriwether County Operating funds for the recreation

Board of

facility at Greenville High School

Education

in Meriwether County

$

Meriwether County Construct solid waste compactor/

convenience center in Meriwether

$

City of Metter

Purchase emergency generators for

the City of Metter

$

City of Milledgeville Operation of the Milledgeville Local

Welcome Center

$

City of Millen

Correct water drainage problem at

recreation complex in Millen

$

Miller County

Construct fire station #4 in Miller

County

$

City of Milner

Renovate, enhance and equip City

Park of Milner

$

Mitchell County

Operating funds and equipment for

volunteer fire departments in

Mitchell County

$

Monroe County

Construction of bleachers for Monroe

County Horse/Livestock Arena

$

Monroe County

Construction of a building at

multi-purpose field in Monroe

County

$

Monroe County

Construction of dugouts at softball

fields in Monroe County

$

City of Montezuma Provide downtown parking spaces

for City of Montezuma

$

City of Monticello

Municipal park construction/

improvements at Funderburg Park

in Monticello

$

City of Morrow

Improvements to park in City of

Morrow

$

City of Moultrie

Repair facilities in the City

of Moultrie

$

City of Moultrie

Upgrade kitchen facilities at

SOWEGA Community Action Council $

City of Mt. Vernon

Construct park in City of Mt. Vernon

$

City of Mountain City Construct sewer extension in

Mountain City

$

City of Mountain Park Engineering study on Garrett Lake

in City of Mountain Park

$

Murray County

Purchase walk-in refrigerator and

freezer for Senior Citizen Center

$

359
25,000 75,000 15,000 10,000
5,000 15,000 10,000
25,000 20,000
10,000 25,000 45,000
15,000 15,000 20,000 20,000 5,000 25,000 25,000 10,000

360

GENERAL ACTS AND RESOLUTIONS, VOL. I

Murray County
City of Nahunta
City of Nashville City of Newnan
Newton County Board of Education
Newton County
Northeast Georgia RDC
Oconee County Board of Education
City of Odum
City of Odum
City of Offerman
Oglethorpe County
City of Patterson
Paulding County Board of Education
Peach County
Peach County
Peach County
City of Pearson
City of Pelham
City of Perry

Grounds work at the Chief Van

House in Murray County

$

Construction of fire department

building in Nahunta

$

Construct a walking track in Nashville $

Operating funds for Achievers

International in Newnan

$

Purchase and install lights for

football practice field for Newton

High School

$

Purchase cameras for the Newton

County Sheriffs Department

$

Economic development along US 441

in the Northeast Georgia RDC region $

Operation of the Agriscience facility

at Oconee County High School

$

Purchase equipment storage facility in

Odum

$

Repairs to City Hall and Fire

Department in Odum

$

Purchase truck for Offerman/Big

Creek Volunteer Fire Department

$

Bryan Park- Purchase of playground

equipment and site construction

in Oglethorpe County

$

Operating funds for Heritage Fund

to establish and promote historical

sites in Patterson

$

Operation of Paulding County Board

of Education recreation facility

$

Develop countywide water/sewer

system in Peach County

$

Refurbish courthouse facade in Peach

County

$

Refurbish courthouse facade in Peach

County

$

Purchase of mulchers for City of

Pearson

$

Upgrade and install lighting at

two sports complexes in Pelham

$

Purchase land for the Genesis House

for the Homeless Center in Perry

$

10,000 5,000 10,000 20,000
45,000 30,000 50,000
10,000 5,000 5,000 5,000
20,000
5,000
25,000 50,000 25,000 25,000
5,000 25,000 25,000

Pierce County
Pierce County Pierce County Pierce County
Pierce County
City of Pinehurst
City of Plainville
City of Port Wentworth
City of Port Wentworth
City of Portal City of Poulan
Pulaski County
Putnam County
Putnam County
Quitman County Board of Education
Quitman County
Quitman County Board of Education
Quitman County

GEORGIA lAWS 2000 SESSION

361

Operating funds for Pierce County

Lee Street Resource Center

$ 25,000

Improvements to Lakeview Community

Center in Pierce County

$ 25,000

Operating expenses for Pierce County $ 50,000

Purchase computer equipment for

the Pierce County Chamber of

Commerce

$ 5,000

Renovate building to use as

a resource center and meeting

facility at the Pierce County

Consolidated Men's Club

$ 10,000

Construction of utility maintenance

barn in Pinehurst

$ 25,000

Equipment for City of Plainville

Fire Department

$ 10,000

Construct recreational facilities

in Port Wentworth

$ 25,000

Promote tourism in City of Port

Wentworth including land acquisition,

improvements and other capital

outlay or development costs

$ 150,000

Purchase trash truck for City of Portal $ 10,000

Purchase truck for trash removal in

Poulan
Consolidate cityI county governments

$ 10,000

in Pulaski County

$ 25,000

Purchase/install lights for ballpark

at Jimmy Davis facility in Putnam

County

$ 25,000

Purchase van for Uncle Remus

Regional Library system

$ 8,000

Restoration to the Kaigler Training

School Building in Georgetown for

the Quitman Board of Education

$ 55,000

Feasibility study for Bio Conversion

Plant in Quitman County

$ 5,000

Renovation of building for pre-K

and headstart programs in

Quitman County

$ 10,000

Renovation of doctor's office at

the Stewart/Webster Rural Clinic

in Quitman County

$ 25,000

362

GENERAL ACTS AND RESOLUTIONS, VOL. I

Quitman County Rabun County Rabun County Rabun County Rabun County Randolph County
Randolph County Town of Rebecca City of Reidsville City of Remerton City of Remerton Richmond County Richmond County
Richmond County
Richmond County Richmond County Richmond County
Board of Education Richmond County Board of Education

Feasibility study for Quitman

Welcome Center

$

Purchase equipment for Rabun County

Volunteer Fire Department

$

Operate Fight Abuse in the Home

in Rabun County

$

Purchase of fireboat at Lake

Seed in Rabun County

$

Purchase rescue equipment in Rabun

County

$

Correct erosion problems for the

Flint River Girl Scout Council

Camp in Randolph County

$

Feasibility study for an airport

in Randolph County

$

Purchase fire station and equipment

for City of Rebecca

$

Construct shelter for playground at

Reidsville Headstart

$

Renovation of downtown area in

City of Remerton

$

Purchase police equipment for

City of Remerton

$

Repair roof on the Imperial

Theater in Richmond County

$

Technology improvements for State

Court Solicitors Office in

Richmond County

$

Establish museum at Augusta Cotton

Exchange through the Augusta/

Richmond Museum in Richmond

County

$

Operation of Augusta Easter Seals

in Richmond County

$

Training for the Richmond County

Marshals Department

$

Technology improvements CSRA Law

Enforcement Training Academy in

Richmond County Schools

$

Purchase locker locks, new

fence for baseball field and

landscaping at Westside High School

in Richmond County

$

25,000 5,000 10,000 10,000 15,000
15,000 20,000 10,000 5,000 75,000 20,000 50,000
5,000
40,000 10,000 10,000
5,000
15,000

GEORGIA LAWS 2000 SESSION

Richmond County Consolidated Government
Richmond County Richmond County Richmond County
Board of Education Richmond County Richmond County Richmond County
Richmond County
Richmond County Richmond County Richmond County
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County

Purchase of the final tract of land

adjacent to Ezekiel Harris House

in Richmond County

$

Purchase equipment for Richmond

County Boxing Club

$

Operation of Hope House for

Women in Richmond County

$

Purchase equipment for new facility

at the Davidson School of

Fine Arts in Richmond County

$

Operation of the Golden Harvest Food

Bank

$

Operating funds for AKA's historical

program in Richmond County

$

Operating funds for Summerville Arts

Factory summer enrichment program

in Richmond County

$

Operating funds for Southside

tutorial after school program in

Richmond County

$

Operating funds for Imperial Arts

Theater in Richmond County

$

Operating funds for the Augusta

Ballet in Richmond County

$

Operating funds for Macedonia

Connection tutorial program in

Richmond County

$

Operating funds for Tremount Summer

Enrichment Program for

youth in Richmond County

$

Operating funds for the historical

preservation of the Delta House

in Richmond County

$

Operating funds for children's program

at Lucy Laney High School

in Richmond County

$

Operating funds for Jack & Jill

Outreach Program for disadvantage

youth/foster children in Richmond

County

$

Operating funds for CSRA Economic

Opportunity Authority in Richmond

County

$

363
50,000 15,000 15,000 50,000 20,000 10,000
5,000 40,000 10,000 25,000
8,000 7,000 15,000 25,000
10,000 5,000

364

GENERAL ACTS AND RESOLUTIONS, VOL. I

Richmond County
Richmond County
Richmond County
Richmond County Richmond County Richmond County Richmond County
Development Auth.
City of Riverdale City of Rochelle City of Rockmart Rockdale County City of Rockmart City of Rome City of Rome City of Sale City City of Savannah City of Savannah City of Savannah
City of Savannah

Operating funds for Delta Leadership Training Program for mentoring in Richmond County
Operating funds for Augusta Task Force for the Homeless in Richmond County
Operating funds for Beulah Grove Community Resource Center for outreach program and food shelter in Richmond County
Operating funds for the Augusta Symphony in Richmond County
Operation of the CSRA Transitional Center in Richmond County
River Race Funding in Richmond County
Promote tourism in the City of Augusta including land acquisition, improvements and other capital outlay and development costs
Improvement funds for city park in Riverdale
Expand Rochelle City Hall Equipment for the Rockmart
Fire Department Purchase equipment for the Rockdale
County Fire Department Operation of recreation facility
in the City of Rockmart Operation of Camp Good Times Purchase sprinkler system for Rome
History Museum Improvements to local recreation
complex in Sale City Preservation of W.W. Law Community
Center in Savannah Operating expenses for the Savannah
Midtown Community Center Procurement of Archive and Library
for memorabilia of Ralph Mark Gilbert in Savannah Promote tourism and development in the City of Savannah

$ 20,000
$ 5,000
$ 15,000 $ 10,000 $ 40,000 $ 25,000
$10,000,000 $ 10,000 $ 5,000 $ 5,600 $ 30,000 $ 30,000 $ 25,000 $ 25,000 $ 5,000 $ 10,000 $ 10,000
$ 5,000 $ 5,005,000

GEORGIA LAWS 2000 SESSION

City of Savannah City of Savannah City of Savannah City of Screven
Screven County City of Screven Seminole County Seminole County City of Smyrna
City of Social Circle City of Soperton Spalding County
Board of Education City of Sparks City of Springfield City of St. George City of St. Marys Stephens County
Stephens County Stephens County City of Stone
Mountain

Operation of Project Success in

Savannah

$

Retire debt on EOA Austin

House Center in Savannah

$

Purchase of building for Cultural

Mfairs Commission in Savannah

$

Improvements to the water tower

electronics board in City of

Screven

$

Renovation of Screven County

Agricultural Center

$

Community Center repairs in City

of Screven

$

Pave parking lot of Senior Citizens

Center in Seminole County

$

Purchase equipment for volunteer

rescue squads in Seminole County

$

Restoration/preservation of markers

and headstones at Smyrna Memorial

Cemetery

$

Construction of city park and

parking area in Social Circle

$

Operation of recreation facility in the

City of Soperton

$

Operation of a program to reduce high

school drop-out rates in the Spalding

Board of Education

$

Purchase equipment for Sparks Police

Department

$

Match downtown improvement grants

in City of Springfield

$

Purchase a fire brush truck for the

City of St. George

$

Renovation of Waterfront Theater

in St. Mary's

$

Purchase equipment for Tates Creek

VFD and renovate Carnes Creek

VFD facilities in Stephens County

$

Install roof and renovate Toccoa-

Stephens County Historical Society

$

Purchase field fencing for Toccoa

Little League in Stephens County

$

Operating expenses for ART

Station in Stone Mountain

$

365
25,000 25,000 10,000
5,000 50,000 10,000
7,300 10,000
20,000 50,000 10,000
50,000 10,000 5,000 48,000 25,000
20,000 4,000 10,000 25,000

366

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Stone Mountain
City of Summertown
Sumter County
City of Swainsboro
City of Sycamore
City of Sylvania
Talbot County
Taliaferro County
City of Tallapoosa
Tattnall County Board of Education
Tattnall County Board of Education
Tattnall County Board of Education
Tattnall County
Tattnall County Tattnall County
Board of Education Taylor County
Telfair County Telfair County

ART Station renovation/repair

in Stone Mountain

$

Renovation and repair of community

center in Summertown

$

Purchase/install outfield fences

and related improvements at Little

League field for Sumter County

Board of Commissioners

$

Purchase of computer equipment for

City of Swainsboro

$

Purchase recreation and playground

equipment for new park in Sycamore $

Purchase playground equipment for

City of Sylvania

$

Improvements to Central High School

football stadium in Talbot County

$

Taliaferro County Volunteer Fire

Department - purchase rescue

equipment

$

Operating expenses for Tallapoosa

recreation facility

$

50,000 5,000
50,000 10,000 10,000 25,000 65,000
10,000 15,000

Operation of the STARR Program in Tattnall County Schools
Purchase band uniforms and instruments in Tattnall County Schools

$ 10,000 $ 10,000

Instructor for Tattnall County

STAR program

$

Purchase echo-cardiogram unit for

Tattnall Memorial Hospital

$

Operation of Tattnall Memorial Hospital $

10,000
50,000 100,000

Sidewalks from band room to football field in Tattnall County Schools
Purchase property for a parking lot in Taylor County
Operating funds for Telfair County Operating funds for Horse Creek
Volunteer Fire Department in Telfair County

$ 5,000 $ 40,000 $ 10,000
$ 5,000

GEORGIA lAWS 2000 SESSION

Telfair County Board of Education
Terrell County
Thomas County Board of Education
Thomas County Board of Education
Town of Thunderbolt
Town of Thunderbolt
Tift County Board of
Education City of Tifton
Toombs County
City of Toomsboro
Treutlen County
Turner County
City of Tybee Island City of Tyrone
City of Tyrone
City of Tyrone City of TyTy
City of Unadilla

Pave parking lot and other improvements

at Telfair County High School

$

Repair to clock and steeple at

courthouse in Terrell County

$

Refurbish track at Thomasville

High School

$

Replace carpet in Central High School

Gym in Thomas County

$

Purchase playground equipment for

Honey Park, River Drive Park

and Nellie Johnson Park in

Thunderbolt

$

Purchase equipment for fire vehicles

and volunteer firefighters in

Thunderbolt

$

Purchase band uniforms for

Tift County Band

$

Equipment for communications center

for City of Tifton Fire Department

$

Construct restrooms for community

center at Cedar Crossing Area in

Toombs County

$

Equip and repair fire truck

in Toomsboro

$

Operation and repair of the Treutlen

Welcome Center on 1-16

$

Construct horse competition and rodeo

arena in Turner County

$

Tybee Island Lighthouse restoration

$

Construct a sidewalk/path in

the City of Tyrone

$

Construct a concession/restroom

facility at the Redwine Community

Park in the City of Tyrone

$

Operation of the Tyrone Library

$

Improvement of recreation areas in

TyTy

$

Purchase of jet sewer machine

for City of Unadilla

$

367
25,000 15,000
15,000
15,000
5,000
10,000
10,000 20,000
5,000 10,000 10,000 10,000 75,000 40,000
40,000 20,000 5,000 25,000

368

GENERAL ACTS AND RESOLUTIONS, VOL. I

Uncle Remus Regional Purchase van for Uncle Remus

Library System

Regional Library System

$ 17,500

Union County

Purchase equipment for Union

County Hospital

$ 248,000

Union County

Expand airport in Union County

$ 500,000

Union County

Construct a recreation facility for

Union County Parks and Recreation $ 10,000

City of Vidalia

Operation of the recreation

department in Vidalia

$ 5,000

City of Vidalia

Replace playground equipment and

renovate Ganelle Davis Park

facility in Vidalia

$ 30,000

City of Valdosta

Aid in construction of the Fry

Street Community Center in City

of Valdosta

$ 65,000

City of Vidalia

Operation of the Vidalia Boys

and Girls Club

$ 5,000

Walker County

Construct a multi-purpose building

at Walker County West Armuchee

Community Center

$ 40,000

Walton County

Purchase band uniforms for

Board of

Loganville High School in

Education

Walton County

$ 15,000

Walton County

Purchase band uniforms for

Board of

Loganville High School in Walton

Education

County

$ 10,000

Ware County

Purchase recreational equipment for

Ware County

$ 25,000

Ware County

Board of

Purchase equipment for Ware

Education

County ROTC

$ 25,000

City of Warner Robins Purchase/install lights and fences

for Warner Robins National

Little League Program

$ 10,000

City of Warner Robins Operating funds for the Salvation Army

Safehouse in Warner Robins

$ 50,000

City of Warner Robins Operating expenses for the Museum of

Aviation in Warner Robins

$ 90,000

Warren County

Purchase rescue equipment for Warren

County

$ 12,300

Warren County

Operation of the recreation department

in Warren County

$ 5,000

Warren County

Purchase of rescue equipment for

northern Warren County

$ 12,000

GEORGIA lAWS 2000 SESSION

City of Warrenton City of Warrenton City of Warwick Washington County City of Waycross Wayne County
Board of Education Wayne County City of Waynesboro
Webster County Board of Education
Webster County Wheeler County
City of Whigham City of Whigham Whitfield County
White County
White County White County
Board of Education Wilcox County

Renovation of the City of Warrenton

Cultural Art Center

$

Restoration of historic gymnasium

in City of Warrenton

$

Purchase new police vehicle for

City of Warwick

$

Refurbish TJ. Elder Community

Center in Washington County

$

Waycross-Blackshear Tourist promotion $

Lighting for girls softball field

in Wayne County

$

ADA improvement to Jaycee public

landing area in Wayne County

$

Liberty Square Historic Association -

beautification and improvement to

historic commercial district in

Waynesboro

$

Infrastructure for computers

and technical equipment for Webster

County school buildings

$

Repair of courthouse in Webster County $

Purchase equipment for baseball and

midget football at Glenwood

and Alamo Facilities in Wheeler

County

$

Purchase equipment for City of

Whigham

$

Improvements to city properties in

City of Whigham

$

Purchase of Hamilton House and

museum for the Whitfield/Murray

Historial Society

$

Road and Bridge, restroom White

County Recreation Department

playground in Sautee Nachoochie

Community

$

Renovations to a recreation facility at

White County Recreation Department $

Operation of Pioneer RESA

in White County

$

Construction of Wilcox County

Little League ballpark

$

369 20,000 10,000 10,000 25,000 15,000
15,000 15,000
65,000
15,000 10,000
10,000 10,000 15,000
50,000
35,000 20,000
8,000 5,000

370

GENERAL ACTS AND RESOLUTIONS, VOL. I

Wilcox County Wilcox County Wilcox County Wilcox County
Wilcox County
Wilkes County
Wilkinson County Worth County

Purchase equipment for Wilcox County

ROTC

$

Repair to Wilcox County auditorium

$

Purchase metal building for Cedar

Creek Volunteer Fire Department

$

Expansion of existing building to

accommodate expansion of City

Hall in Wilcox County

$

Purchase building for Cedar Creek

Volunteer Fire Department in

Wilcox County

$

Purchase equipment for fire station

for Newtown Community in

Wilkes County

$

Repairs to city-county library

in Wilkinson County

$

Improvements to youth football

program area buildings and

grounds in Worth County

$

5,000 10,000 5,000
5,000
5,000
15,000 15,000
20,000

If a local assistance grant above incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose.

If a local assistance grant above states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character.

Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity.

If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.

Section 43. Provisions Relative to Section 8, Department of Community Health.

There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.

Section 44. Provisions Relative to Section 11, State Board of Education -Department of Education.

GEORGIA lAWS 2000 SESSION

371

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,105.82. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.
Section 45. Provisions Relative to Section 12, Employees' Retirement System.

It is the intent of the General Assembly that the 2% factor for new plan retirement (1982) is funded.

Section 46. Provisions Relative to Section 16, Department of Human Resources.

The Department of Human Resources is authorized to calculate all Temporary Assistance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

372

GENERAL ACTS AND RESOLUTIONS, VOL. I

Number in Asst. Group
1 2 3 4 5 6 7 8 9
10
11

Standards
of Need
$ 235 356 424 500 573 621 672
713
751 804 860

Maximum Monthly
Amount
$ 155 235 280 330 378 410 444 470
496
530 568

Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.
Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval. Provided, that of the appropriation relative to Community Mental Health/ Mental Retardation and Institutions, Regional Boards will be allocated State hospital funds equal to their DHR approved formula fair share. Regional Boards must use their fair share allocation or 90% of their base year hospital utilization funding (whichever is less) to purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans.

Provided, the Department of Human Resources is authorized to transfer funds, not to exceed $37,377,969, from the Cash Benefits object class to facilitate the stated purposes of the Temporary Assistance for Needy Families program. The purposes are: 1.) To provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives;

GEORGIA lAWS 2000 SESSION

373

2.) To end the dependence of needy parents on government benefits by promoting job preparation, work and marriage; 3.) Prevent and reduce the incidence of out-of-wedlock pregnancies; and 4.) Encourage the formation and maintenance of two-parent families.
Section 47. Provisions Relative to Section 22, Merit System of Personnel Administration.

The Department is authorized to assess no more than $137.00 per budgeted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 2000 shall not exceed
13.1 %.
It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 2000 shall not exceed 9.26%.
Section 48. Provisions Relative to Section 23, Department of Natural Resources.
Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.

Provided, that of the amount above for per diem, fees and contracts, no more than $55,000 may be used for a common program of subsidizing mass transit fares to and from work for employees of state agencies and authorities, as authorized in O.C.G.A. 45-7-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to employees who live or work in the "Atlanta Ozone Nonattainment Area" and may not exceed $15 per month per employee. The Department of Transportation and any other budget unit eligible for such a grant may apply to this purpose available federal matching funds. For purposes of this appropriation "Atlanta Ozone Nonattainment Area" means the geographic area of the state comprised of Bartow, Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Paulding, and Rockdale Counties.
Section 49. Provisions Relative to Section 29, Department of Revenue.

For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $2,000 for the taxable year beginning January 1, 1999.

374

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 50. Provisions Relative to Section 33, Teachers' Retirement System.

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 11.29% for S.F.Y 2000.

Section 51. Provisions Relative to Section 35, Department of Transportation.

For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:

a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.

b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.

c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.

d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 34 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.

e.) Functions financed with General Fund appropnauons shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.

f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.

~

In otdu to aid the Dcpatttncnt in the disclratgc of its powus and dati~

~ pmsnant to Section 32-2-2 of the Official Code of Gc01gia Annotated, and in

~0
~ ~ compliance ~~ith Section 32-241 (b) (1), O.C.G.A., the Dcpattmcnt is anthor=

i~ ilcd to tra:n~fcr position counts bctNccn budget fanctions provided that the

B=c: Depat tmcnt's total position coant shall not exceed the maximnm nambu of

:>" <0. annaa1 posl tt0 ons ass0 tgndcbya1w.

GEORGIA LAWS 2000 SESSION

375

It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.

Provided, that funding available to the Department of Transportation may be used for right-of-way acquisition for a multi-lane road to connect Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3.
Section 52.
In addition to all other appropriations for the State fiscal year ending June 30, 2000, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $8,641,072 for the purpose of providing operating funds for the State physical health laboratories ($120,000) and for State mental health/mental retardation institutions ($8,521,072) in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 53. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:

First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and

Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.

The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.

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A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 54.
Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 55.
In addition to all other appropnatwns, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 56.

No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 57.
In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

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Section 58.
(a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1999 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 59.
Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.

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For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 60.
There is hoeby appropriated a specific sam of Federal grant funds, said spe~ cific sum being equal to the total of the Federal grant funds ~ailable in excess
Jl of the arnonnts of such funds appropriated in the foregoing sectiom of this
~ "' Act, fm the pur pose of supplanting appr opt iated State funds, which State ~~ funds shall thereupon be unavailable fm expenditure unless te-apptoptiatcd ~]. by the Georgia General Assembry. This provision shall not apply to prc1eet :> ...: grant funds not appr opt iatcd in this Act.

Section 61. Provisions Relative to Section 37, State of Georgia General Obligation Debt Sinking Fund.

With regard to the appropriations in Section 37 to the "State of Georgia General Obligation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:

From the appropriation designated "State General Funds (New)," $7,795,243 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $87,587,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $9,055,750 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $101,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $218,790 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith,

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through the issuance of not more than $935,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $667,500 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, dsenlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $678,600 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $55,180 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $620,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $249,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $5,805,025 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acqui-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

sition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $65,225,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $592,740 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,660,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $44,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $255,875 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,875,000 in principal amount of General Obli gation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $801,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority, by means of the acquisition, construction, devel opment, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,000,000 in principal amount of General Obligation Debt, the instrU ments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)," $801,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $391,600 is specifically appropriated for the purpose of financing the George L. Smith II World Congress Center projects and facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $623,000 is specifically appropriated for the purpose of financing the George L. Smith II World Congress Center projects and facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $356,000 is specifically appropriated for the purpose of financing the George L. Smith II World Congress Center projects and facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $106,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

personal, necessary or useful in connection therewith, through the issuance of not more than $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $58,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $53,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $24,475 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $275,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $160,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $26,700 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construe-

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tion, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $1,780,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $333,750 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $585,000 is specifically appropriated for the purpose of financing projects and facilities for the Jekyll Island State Park Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

From the appropriation designated "State General Funds (New)," $351,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

384

GENERAL ACTS AND RESOLUTIONS, VOL. I

From the appropnatwn designated "State General Funds (New)," $10,680,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $120,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $258,100 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $774,300 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $246,085 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,765,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $133,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not

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more than $1,500,000 in principal amount of General Obligation Debt, the instrUments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $676,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,600,000 in principal amount of General Obligation Debt, the instrUments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $278,125 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,125,000 in principal amount of General Obligation Debt, the instrUments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $73,425 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $825,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $81,900 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

From the appropriation designated "State General Funds (New)," $1,095,354 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, wa-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,681,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

From the appropriation designated "State General Funds (New)," $48,950 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $378,250 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $204,255 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,295,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $60,520 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $680,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)," $1,700,010 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,265,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $415,185 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,665,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $454,345 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,105,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $702,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Defense, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $105,910 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more

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GENERAL ACTS AND RESOLUTIONS, VOL. I

than $1,190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $890,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $267,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $400,500 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $427,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $52,510 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the ac-

GEORGIA lAWS 2000 SESSION

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quisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $590,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $115,700 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $22,428 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $252,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $26,700 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $108,580 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,220,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

From the appropriation designated "State General Funds (New)," $142,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $89,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $106,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $111,250 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $133,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through

GEORGIA LAWS 2000 SESSION

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the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $436,100 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $391,600 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

Section 62. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2000

$

13,939,922,701

~------~~~--~--

Section 63.

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

Section 64.

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

Section 2.

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

Section 3.

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

Approved April 17, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

LOCAL GOVERNMENT - GREENSPACE PRESERVATION; GEORGIA GREENSPACE COMMISSION; TRUST FUND.

Code Title 36, Chapter 22 Enacted.

No. 500 (Senate Bill No. 399).

AN ACT

To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for state and local government activities with respect to preservation of greenspace; to state legislative intent; to define terms; to create the Georgia Greenspace Commission and provide for its membership, powers and duties, and operations; to create the Georgia Greenspace Trust Fund and provide for appropriations and other additions to said fund, as well as grants and other disbursements from said fund; to provide for eligibility for and award and disbursement of grants to counties; to authorize the Department of Natural Resources to expend certain matching amounts for certain greenspace acquisition and provide for management of property so acquired; to provide for county community greenspace programs and their development, criteria, components, and approval; to provide for promulgation of rules and regulations by the Department of Natural Resources; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new Chapter 22 to read as follows:

"CHAPTER 22

36-22-1.

The intent of this chapter is to provide a flexible framework within which populous and rapidly growing cities and counties in this state can develop a program of community greenspace preservation. The General Assembly recognizes that the unique characteristics of each region throughout the state preclude a mandated legislative outcome for the preservation of greenspace in every region. The process provided by this chapter is intended to pr<r mote adoption in developed and rapidly developing areas of policies, rules, and regulations which will have the effect of preserving at least 20 percent of the land area as connected and open greenspace which can be utilized for informal recreational activities and protection of natural resources. This chapter will also provide a resource of funding for preservation of such greenspace, which will augment currently available local, state, and federal funding.

GEORGIA LAWS 2000 SESSION

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36-22-2. As used in this chapter, the term:

(1) 'Commission' means the Georgia Greenspace Commission established by this chapter.

(2) 'County' shall include consolidated county and municipal governments as well as a county.

(3) 'Greenspace' means permanently protected land and water, including agricultural and forestry land, that is in its undeveloped, natural state or that has been developed only to the extent consistent with, or is restored to be consistent with, one or more of the following goals:

(A) Water quality protection for rivers, streams, and lakes;

(B) Flood protection;

(C) Wetlands protection;

(D) Reduction of erosion through protection of steep slopes, areas with erodible soils, and stream banks;

(E) Protection of riparian buffers and other areas that serve as natural habitat and corridors for native plant and animal species;

(F) Scenic protection;

(G) Protection of archaeological and historic resources;

(H) Provision of recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, and similar outdoor activities; and

(I) Connection of existing or planned areas contributing to the goals set out in this paragraph.
36-22-3.

(a) There is created the Georgia Greenspace Commission. The commission shall be composed of the commissioner of the Department of Natural Resources, the director of the State Forestry Commission, and three additional members to be appointed by and to serve at the pleasure of the Governor.

(b) The members of the commission shall receive no compensation for their services on the commission but shall be reimbursed for actual expenses incurred while discharging the duties imposed upon them by this chapter.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) For administrative purposes the commission shall be attached to the Department of Natural Resources. The Department of Natural Resources shall provide staff support to the commission, utilizing personnel and funds available to the department.

36-224.
(a) There is established the Georgia Greenspace Trust Fund to consist of any moneys appropriated to such fund, voluntary contributions to such fund, any federal moneys deposited in such fund, and other moneys acquired for the use of such fund by any fund raising or other promotional techniques deemed appropriate by the Department of Natural Resources, and all interest thereon. All balances in the fund shall be deposited in an interest-bearing account and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The Department of Natural Resources shall administer the fund, shall expend moneys held in the fund in furtherance of the purposes of and pursuant to the provisions of this chapter, and shall prepare, by February 1 of each year, an accounting of the funds received and expended from the fund. The report shall be made available to the commission, to the members of the General Assembly, and to members of the public on request.
(b) Within the Georgia Greenspace Trust Fund, moneys obtained by appropriation by the General Assembly, and interest thereon, shall be segregated from all other moneys. Such appropriated funds shall be made available in each fiscal year for grants to counties having an approved greenspace program as follows:

( 1) The total amount of such funds shall be divided into grant amounts derived by:
(A) Determining the amount of state funds obtained in the immediately prior fiscal year by the application of the state property tax levy on residential property in each county eligible to submit a greenspace program under Code Section 36-22-10;

(B) Dividing that number by the amount of state funds obtained in the immediately prior fiscal year by the application of the state property taX levy on residential property in all counties eligible to submit a greenspace program under Code Section 36-22-10, such that a percentage of the aggregate number is obtained applicable to each such county; and
(C) Applying the applicable percentage for each eligible county to the sum of appropriated moneys, such that a discrete amount is identified for each eligible county;

GEORGIA LAWS 2000 SESSION

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(2) Upon approval of a greenspace program in an eligible county pursuant to the terms and conditions of this chapter, there shall be disbursed from the appropriated funds a grant in the amount resulting from the calculation in paragraph (1) of this subsection, to be deposited into the county's Community Greenspace Trust Fund; and

(3) Prior to the conclusion of each fiscal year, at a time to be determined by regulation of the Department of Natural Resources, any appropriated funds not previously disbursed pursuant to this subsection shall be divided among the counties having an approved greenspace program in proportion to the ratio of each county's grant under paragraph (2) of this subsection to the total amount of grants in the fiscal year under said paragraph (2) and granted to such counties in such amounts for deposit into the counties' Community Greenspace Trust Funds. The regulations implementing this paragraph shall provide for a date certain, as close as reasonably practicable to the end of the state's fiscal year, on and after which no further approval of greenspace programs applicable to that fiscal year will be granted. Any program approval on or after such date shall be deemed applicable to any funds appropriated for the next fiscal year.

(c) Any municipality electing to cooperate in a county's greenspace program pursuant to the provisions of Code Section 36-22-6 shall establish a Community Greenspace Trust Fund subject to the same terms and conditions applicable to a county's Community Greenspace Trust Fund.

(d) Moneys deposited into a Community Greenspace Trust Fund by grant from the Georgia Greenspace Trust Fund and any matching funds deposited into such a fund pursuant to subsection (e) of this Code section, together with interest thereon, shall be expended solely to defray the costs of acquisition of greenspace as defined in this chapter, or of conservation, scenic, and other easements which contribute to the goals set out for greenspace in Code Section 36-22-2.

(e) The Department of Natural Resources is authorized to match, from funds appropriated to or otherwise available to the department, all or any part of an expenditure of moneys from a city or county's Community Greenspace Trust Fund which expenditure is made for the purpose of acquiring property adjacent to or within the watershed of the Chattahoochee River, the Flint River, the Altamaha River, or any other river which the department designates by regulation as eligible for a match pursuant to this subsection. The department may, by agreement with such city or county, accept and administer property acquired by a city or county pursuant to this chapter as a unit of the state parks system, or may make such other agreements for the ownership and operation of the property as are outlined by Code Sections 12-3-32 and 27-1-6.

396

GENERAL ACTS AND RESOLUTIONS, VOL. I

36-22-5.

Each county becoming eligible to submit a greenspace program under Code Section 36-22-10 may initiate the process of program development by the provision of a written notice from the county to the Georgia Greenspace Commission. Such notice shall state the date, time, and place for a public meeting at which designated representatives of all local governing bodies and other interested persons shall assemble for the purpose of commencing deliberations on the greenspace program development. The notice shall be sent not more than 45 days but not less than 15 days prior to the meeting date and published at those times in the legal organ of the county.
36-22-6.

In the development of a greenspace program, the following criteria shall be met:

(1) The program shall promote the permanent protection of greenspace constituting a minimum of 20 percent of the geographic area of the county;

(2) The program shall: (A) identify legal and structural barriers to the achievement of a goal of preservation of a minimum of 20 percent of the geographic area of the county as permanently protected greenspace; (B) propose a ten-year strategy for the mitigation or elimination of such barriers by local action, including, but not limited to, zoning and land use ordinance changes, local legislation to be enacted by the General Assembly, and local conservation and preservation ordinances; and (C) identify, and commit to the employment of, existing local land use ordinances, policies, and regulations which will further the achievement of the preservation of permanently protected greenspace; and

(3) The program shall specify a program and method for allocation of greenspace funds by the county to municipalities electing to participate in a cooperative greenspace program with the county and located wholly or partly within the county which provide for population based proportional sharing of greenspace funds allocated under this chapter and cooperative expenditure of resources.

36-22-7.

Each greenspace program shall include the following components:
(1) An identification of all greenspace presently permanently protected within the county;
(2) An identification of any specific parcels of land or water which have been designated for acquisition or protection under the greenspace program;

GEORGIA lAWS 2000 SESSION

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(3) An identification of any changes made in the comprehensive plan prepared pursuant to Code Section 36-70-3 to assure that such plan is consistent with the greenspace program;

(4) An assignment of which division, branch, or other subdivision of county government will be responsible for identifYing and preserving future greenspace;

(5) A certified copy of a resolution adopted by any municipality electing to cooperate with the county in a greenspace program pursuant to Code Section 36-22-6 approving such cooperation, authorizing a Community Greenspace Trust Fund for such municipality and providing a description of the sources of funding for greenspace available to the municipality, other than funds provided pursuant to this chapter; and

(6) A certification of the authorization of a Community Greenspace Trust Fund for the county and a description of the sources of funding for greenspace available to the county, other than funds provided pursuant to this chapter.

36-22-8.

(a) Approval of the county greenspace program shall be accomplished as provided for in this Code section.

(b) Upon adoption of a resolution embodying a greenspace program by the county governing authority, the resolution shall be submitted to the Georgia Greenspace Commission between July 1 and December 1 of any year in which the county is eligible for and wishes to obtain a grant pursuant to Code Section 36-224.

(c) The Georgia Greenspace Commission shall review each county greenspace program for compliance with all applicable terms and conditions of this chapter. The decision of the commission that a county greenspace program complies with those terms and conditions shall cause the county to become eligible for and to receive a greenspace grant pursuant to the terms of this chapter. The decision of the commission that a county greenspace program does not comply with all of those terms and conditions shall cause the county to be ineligible for such grants; provided, however:

(1) The commission shall forward to the county a written explanation of the deficiencies found in its program, together with suggestions for their correction; and

(2) The county may resubmit its timely submitted program at any time for approval, subject, however, to the time limitations on approval set forth in paragraph (3) of subsection (b) of Code Section 36-224.

398

GENERAL ACTS AND RESOLUTIONS, VOL. I

36-22-9.

Each county having an approved greenspace program shall review, and revise if necessary, its approved greenspace program not less often than once every two years, and resubmit the program for approval by the commission under the terms and conditions of Code Section 36-22-8, together with areport of progress toward achievement of the goal of the county's program.

36-22-10.

Any county of this state shall be eligible to submit a greenspace program for approval pursuant to the terms of Code Section 36-22-8 if such county:

(1) Has a population of not less than 60,000 pursuant to the United States decennial census of 1990 or any future such census; or

(2) Has experienced average population growth of at least 800 persons per year as measured by the population change between the United States decennial census of 1990 or any future such census and the most recent year for which the United States Bureau of the Census has prepared official estimates of population.

The Department of Natural Resources shall provide by regulation for the determination and notification of eligible counties consistent with the terms of this Code section.

36-22-11.

Moneys in the Georgia Greenspace Trust Fund other than moneys appropriated to the fund by the General Assembly shall be made available to all cities and counties in the state for discretionary grants for preservation of greenspace. The commission is authorized and directed to accept and review applications for such grants, under terms, conditions, and procedures to be established by regulation of the Department of Natural Resources and is authorized to make such grants in such amounts as it deems appropriate from time to time. Any such grant shall be deposited into a Community Greenspace Trust Fund which shall be established by a city or county as a condition of receipt of such grant unless otherwise previously established, and such trust fund and such grant shall be administered in a manner consistent with purposes of this chapter and any regulations promulgated by the Department of Natural Resources applicable to such trust funds and grants, together with the terms and conditions of any such grant.

36-22-12.

The Department of Natural Resources is authorized to promulgate such rules and regulations as it may deem advisable to implement the terms of this chapter. The department is authorized to audit, or have audited, any city or county Community Greenspace Trust Fund which receives moneys

GEORGIA LAWS 2000 SESSION

399

pursuant to the terms of this chapter, and to investigate the use of such moneys or the use of properties obtained in whole or in part by the use of such moneys."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.
Ail laws and parts of laws in conflict with this Act are repealed.
Approved April 16, 2000.

EDUCATION - GEORGIA MEDICAL CENTER AUTHORITY; GEORGIA MEDICAL CENTER AUTHORITY OVERVIEW COMMISSION.
Code Title 20, Chapter 14 Enacted.
No. 501 (Senate Bill No. 440).
AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Medical Center Authority; to provide for a short title and definitions; to confer powers and impose duties on the ~uthor ity; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for statutory construction; to provide for vacancies, removal, organization, meetings, and expenses; to provide for corporate purpose; to prohibit authority employees and members from having certain interests and engaging in certain conduct and provide for certain disclosures, sanctions, and penalties; to provide for venue and jurisdiction; to provide for trust funds; to provide for authority purpose; to provide for charges; to provide for legal services; to provide for rules and regulations; to provide for tort and antitrust immunity; to provide for tax exemptions; to provide for budgets, work plans, and audits; to provide for the Georgia Medical Center Authority Overview Committee and its organization, vacancies, duties, powers, and expenditures and provide for its members' appointment, qualifications, terms, compensation, allowances, and expenses; to provide for committee assistance, staffing, and services; to provide for authority cooperation and reports; to provide for legal enforcement; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

400

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1.

Title 20 of the Official Code of Georgia Annotated, relating to education, 1s amended by adding at the end a new chapter to read as follows:
"CHAPTER 14

20-14-1.

This chapter shall be known and may be cited as the 'Georgia Medical Center Authority Act.'
20-14-2.

As used in this chapter, the term:

(1) 'Authority' means the Georgia Medical Center Authority.

(2) 'Cost of the project' means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; the cost of intellectual property; and such other expenses as may be necessary or incident to the financing authorized in this chapter, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such.

(3) 'Project' means and includes one or any combination of the following: biomedical and biotechnical research centers, facilities, and programs based in Augusta, Georgia, to include office space, laboratories, treatment centers, and other related buildings, structures, equipment, as well as associated facilities such as parking facilities and common areas; and improvements of every kind and character deemed by the authority necessary or convenient for its purposes.
20-14-3.

(a) There is created a body corporate and politic to be known as the Georgia Medical Center Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation; and by that name, style, and title such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of this state.

GEORGIA LAWS 2000 SESSION

401

(b) The authority shall consist of 15 members. Eleven members shall be appointed by the Governor for staggered initial terms of office as follows: four members for two years, and seven members for three years. Two members shall be appointed by the Speaker of the House of Representatives to serve initial terms of office of two years and two members shall be appointed by the President of the Senate to serve initial terms of office of two years. Mter their initial terms of office, members shall serve for terms of office of four years each. Members shall serve for the terms of office specified and until the appointment and qualification of their respective successors. No person may be appointed as a member of the authority unless that person has been a resident of this state for at least two years and is at least 21 years of age. Any elected or appointed state, county, municipal, or school board official or employee, except members of the Board of Regents, officials and employees of the legislative or judicial branches of state government, are authorized to be appointed as members of the authority, and any person so appointed is authorized to serve as a member of the authority.

(c) All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. The authority shall elect its own officers. A majority of the membership of the authority constitutes a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all rights and perform all duties of the authority. The authority shall otherwise provide for its own organization and conduct of business according to Robert's Rules of Order.

(d) The Governor, after notice and opportunity for hearing, may remove from office any member of the authority for any of the following reasons:
(1) Inability or neglect to perform the duties required of members;

(2) Failure to attend, without prior approval of the chairperson of the authority, four consecutive regularly scheduled meetings of the authority;
(3) Incompetence; or

(4) Dishonest conduct.
(e) The members of the authority shall receive a daily expense allowance and reimbursement for transportation costs as provided for in Code Section 45-7-21; and the members of the authority shall not receive any other compensation for their services as such.

(f) The authority shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this chapter or impair the obligations of any contracts existing under this chapter.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(g) The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all the books, together with the proper statement of the authority's financial position, to the state auditor.
20-14-4.

The corporate purpose and the general nature of the business of the authority shall be:
(1) The provision of biomedical and biotechnical research centers, facilities, and programs based in Augusta, Georgia, in cooperation with the board of regents;

(2) The commercialization of biomedical and biotechnical research results;

(3) The promotion of closer ties between academic institutions of the state and the biomedical industry so as to capitalize on present and future state intellectual resources;

(4) The generation of sustained research funding in the form of revenues from licensed and commercialized intellectual property with excess revenues reinvested in biomedical research infrastructure and programs;

(5) The promotion of continuing investment in the intellectual capacity of the Medical College of Georgia by cooperating with the board of regents in the retention and recruitment of clinical faculty; and
(6) The advancement of local and state economic growth.

Nothing in this chapter shall be construed to conflict with the powers and authority of the board of regents over its institutions.
20-14-5.

The authority is authorized:

(1) To have a seal and alter it at pleasure;

(2) To acquire, hold, and dispose of personal and intellectual property for its corporate purposes;

(3) To appoint, select, and employ officers, agents, and employees, including but not limited to engineering, architectural, and construction experts and fiscal agents; to contract for the services of individuals or organizations not employed full time by the authority who or which are engaged primarily in the rendition of personal services rather than the sale of goods or merchandise, such as, but not limited to, the services of accountants, engineers, architects, consultants, and advisors, and to allow suitable

GEORGIA LAWS 2000 SESSION

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compensation for such services; and to make provisions with regard to its employees for group insurance, retirement, or other employee benefit arrangements, provided that no part-time or contract employees shall participate in group insurance or retirement benefits and to establish conditions of employment of authority employees;

(4) To make contracts and to execute all instruments necessary or convenient, including but not limited to contracts for construction of projects or contracts with respect to the leasing or use of projects which the authority causes to be erected or acquired;

(5) To plan, survey, subdivide, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this chapter, such projects to be located on property owned or leased by the authority or the State of Georgia or under the control and management of the authority. The cost of any such project shall be paid from the authority's income or from such proceeds and any loan, gift, or grant from the United States of America or any agency or instrumentality thereof, or the State of Georgia or any county, municipal corporation, authority, or local government or governing body thereof;
(6) To accept loans or grants, or both, of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;

(7) To exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state;

(8) To act as agent for the United States of America or any agency, department, corporation, or instrumentality thereof, in any manner within the purposes or powers of the authority;

(9) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business;

(10) To receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration, from any person, firm, or corporation or from the State of Georgia, or any agency or instrumentality thereof, or from any county, municipal corporation, or local government or governing body;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(11) To hold, use, administer, and expend such sum or sums as may hereafter be received as income, as gifts, or as appropriations by authority of the General Assembly for any of the purposes of this authority;

(12) To do all things necessary or convenient to carry out the powers and purposes of the authority;

(13) To acquire, lease (as lessee), purchase, hold, own, and use any franchise or any property, real or personal, tangible or intangible, or any interest therein; and to sell, lease (as lessor), transfer, or dispose thereof whenever the same is no longer required for purposes of the authority, or exchange the same for other property or rights which are useful for the purposes of the authority;
(14) To fix, alter, charge, and collect fares, rates, rentals, and other charges for its facilities and for admission to its grounds at reasonable rates to be determined by the authority;

(15) To contract with the Georgia State Financing and Investment Commission for the construction of the project as provided for in Article 2 of Chapter 17 of Title 50; or to contract with other authorities, departments, or agencies of the State of Georgia for the construction of the project; and

(16) To invest and reinvest any or all idle funds or moneys, including, but not limited to, funds held in reserve or from contributions, gifts, or grants, which cannot be immediately used for the purpose for which received, such investment to be made in any security or securities which are legal investments for executors or trustees; provided, however, that investments in such securities will at all times be held for and, when sold, used for the purposes for which the money was originally received.

20-14-6.
It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter. The State of Georgia covenants that the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority; provided, however, in no event shall the exemptions granted in this Code section extend to any lessee or other private person or entity.

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20-14-7.
All moneys received pursuant to the authority of this chapter, whether as grants or other contributions or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter.
20-14-8.
The authority is authorized to fix rentals and other charges which any user shall pay to the authority for the use of the project or part thereof or combination thereof, and to charge and collect the same, and to lease and make contracts with political subdivisions and agencies with respect to use of any part of the project. The rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or any part thereof so as to provide a fund sufficient with other revenues of such project, if any, to pay the cost of maintaining, repairing, and operating the project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the authority on account of the project for water, light, sewer, and other services furnished by other facilities at the project.
20-14-9.
The Attorney General shall provide legal services for the authority and in connection therewith the provisions of Code Sections 45-15-13 through 4515-16 shall be fully applicable.
20-14-10.
Any action to protect or enforce any rights under this chapter shall be brought in the Superior Court of Richmond County, Georgia; and such court shall have exclusive, original jurisdiction of such actions. Furthermore, the venue for actions brought against the authority shall be in the Superior Court of Richmond County, Georgia; and such court shall have exclusive, original jurisdiction of such actions. Nothing contained in this chapter shall be construed to impair any rights afforded the state under the Constitution of the United States.
20-14-11.

(a) Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, or in any other business of the authority, or in any firm or corporation doing business with the authority shall make full disclosure of such interest to the authority. Failure to dis-

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close such an interest shall constitute cause for which a member of the authority may be removed or an employee discharged or otherwise disciplined at the discretion of the authority.

(b) The provisions of Article 1 of Chapter 10 of Title 16 and Code Sections 16-10-21, 16-10-22, 16-10-92, and 16-10-93, regulating the conduct of officers, employees, and agents of political subdivisions, municipal and other public corporations, and other public organizations, shall be applicable to the conduct of members, officers, employees, and agents of the authority.
(c) Any contract or transaction of the authority involving a conflict of interest which is not disclosed under subsection (a) of this Code section, or involving a violation of Article 1 of Chapter 10 of Title 16 or Code Section 1610-21, 16-10-22, 16-10-92, or 16-10-93, or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority.
20-14-12.

The authority shall have the same immunity and exemption from liability for torts and negligence as enjoyed by this state; and the officers, agents, and employees of the authority, when in the performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of this state as when in the performance of their public duties or work of the state.

20-14-13.

It is declared by the General Assembly that, in the exercise of the power specifically granted to it by this chapter, the authority is acting pursuant to state policy and shall be immune from antitrust liability to the same degree and extent as enjoyed by this state.

20-14-14.

(a) The authority shall develop an annual budget and a financial and program work plan for both capital and operational requirements of the authority's activities and projects for each fiscal year.

(b) The authority shall employ a firm of independent certified public accountants licensed to practice in this state as auditors to prepare an annual audit of the books, records, and accounts of the authority.

20-14-15.

(a) There is created as a joint committee of the General Assembly the Georgia Medical Center Authority Overview Committee to be composed of three members of the House of Representatives appointed by the Speaker of the House and three members of the Senate appointed by the President of the

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Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee, and the vice chairperson of the committee shall be appointed by the Speaker of the House from the membership of the committee. The chairperson and vice chairperson shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairperson or vice chairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Georgia Medical Center Authority, as well as periodically review and evaluate the success with which the authority is accomplishing its statutory duties and functions as provided in this chapter.

(b) The state auditor, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties set forth in this chapter. The committee may employ not more than two staff members and may secure the services of independent accountants, engineers, and consultants.

(c) The Georgia Medical Center Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, and other state agencies in order that the charges of the committee, set forth in this chapter, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Georgia Medical Center Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the Georgia Medical Center Authority, as set forth in this chapter.

(d) In the discharge of its duties, the committee shall evaluate the performance of the Georgia Medical Center Authority consistent with the following criteria:

(1) Prudent, legal, and accountable expenditure of public funds; (2) Efficient operation; and

(3) Performance of its statutory responsibilities.

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(e) The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel, paying for services of independent accountants, engineers, and consultants, and paying all other necessary expenses incurred by the committee in performing its duties.

(f) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees.

(g) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government."

SECTION 2.

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

Approved April 17, 2000.

REVENUE AND TAXATION - INCOME TAX; RETIREMENT INCOME EXCLUSION.
Code Section 48-7-27 Amended.
No. 502 (House Bill No. 1159).
AN ACT
To amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for income tax purposes, so as to increase the amount of retirement income exclusion; 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 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for income tax purposes, is amended by striking subparagraph (a) (5) (A) and inserting in lieu thereof a new subparagraph (a) (5) (A) to read as follows:
"(5) (A) Retirement income otherwise included in Georgia taxable net income not to exceed the exclusion amount as follows:
(i) For taxable years beginning on or after January 1, 1989, and prior to January 1, 1990, retirement income not to exceed an exclusion amount of $8,000.00 per year received from any source;

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(ii) For taxable years beginning on or after January 1, 1990, and prior to January 1, 1994, retirement income not to exceed an exclusion amount of $10,000.00 per year received from any source;

(iii) For taxable years beginning on or after January 1, 1994, and prior to January 1, 1995, retirement income from any source not to exceed an exclusion amount of $11,000.00;

(iv) For taxable years beginning on or after January 1, 1995, and prior to January 1, 1999, retirement income from any source not to exceed an exclusion amount of $12,000.00;

(v) For taxable years beginning on or after January 1, 1999, and prior to January 1, 2000, retirement income from any source not to exceed an exclusion amount of $13,000.00;

(vi) For taxable years beginning on or after January 1, 2000, and prior to January 1, 2001, retirement income not to exceed an exclusion amount of $13,500.00 per year received from any source; and

(vii) For taxable years beginning on or after January 1, 2001, retirement income from any source not to exceed an exclusion amount of $14,000.00."

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, 2000.

SECTION 3.

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

Approved April 17, 2000.

REVENUE AND TAXATION- SALES AND USE TAX; EXEMPTION FOR CERTAIN ELECTRICITY SALES.
Code Section 48-8-3 Amended.
No. 503 (House Bill No. 82).
AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of electricity for the operation of an irrigation system which is used on a farm exclusively for the irrigation of farm crops; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.

Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by striking the word "or" at the end of paragraph (62), striking the period at the end of paragraph (63) and inserting a semicolon and the word "or", and by adding a new paragraph (64) to read as follows:

"(64) The sale of electricity for the operation of an irrigation system which is used on a farm exclusively for the irrigation of farm crops."
SECTION 2.

This Act shall become effective on January 1, 2000.

SECTION 3.

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

Approved April 17, 2000.

REVENUE AND TAXATION- INCOME TAX; CREDIT FOR DISASTER ASSISTANCE RECEIVED.
Code Section 48-7-29.4 Enacted.
No. 504 (House Bill No. 1531).
AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to certain disaster assistance; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding a new Code section immediately following Code Section 48-7-29.3, to be designated Code Section 48-7-29.4 to read as follows:

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"48-7-29.4.
(a) A taxpayer who receives disaster assistance during a taxable year from the Georgia Emergency Management Agency or the Federal Emergency Management Agency shall be allowed a credit against the tax imposed by Code Section 48-7-20 in an amount equal to $500.00 or the actual amount of such disaster assistance, whichever is less. The commissioner may require adequate supporting documentation showing that the taxpayer received such assistance.
(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 be allowed the taxpayer against succeeding years' tax liability. No such 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 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 and shall be applicable to all taxable years beginning on or after January 1, 2000.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Approved April 17, 2000.

REVENUE AND TAXATION - SALES AND USE TAX; EXEMPTION FOR CERTAIN PROSTHETIC DEVICE SALES; PAYMENT OF TAX BY CONTRACTORS AND SUBCONTRACTORS; BONDING.
Code Sections 48-8-3 and 48-8-63 Amended.
No. 505 (House Bill No. 592).
AN ACT
To amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, so as to provide for an exemption with respect to the sale or use of certain prosthetic devices; to change certain provisions regarding payment of the tax by contractors and subcontractors; to change certain withholding requirements; to change certain provisions regarding bonding with respect to payment of sales and use tax; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, is amended by striking paragraph (54) of Code Section 48-8-3, relating to exemptions from state sales and use tax, and inserting in its place new paragraphs (54) and (54.1) to read as follows:
"(54) The sale or use of any durable medical equipment as defined under Titles XVIII and XIX of the federal Social Security Act which is paid for directly by funds of the State of Georgia or the United States under the medicare or Medicaid programs where state or federal law or regulation authorizing such payment prohibits the payment of sales and use tax in connection therewith. The commissioner shall specifY by rule or regulation the durable medical equipment eligible for this exemption;
(54.1) The sale or use of any physician prescribed prosthetic device as defined under Titles XVIII and XIX of the federal Social Security Act;"

SECTION 2.
Said article is further amended by striking Code Section 48-8-63, relating to payment of the tax by contractors, and inserting in its place a new Code Section 48-8-63 to read as follows:

"48-8-63.
(a) Each person who orally, in writing, or by purchase order contracts to furnish tangible personal property and to perform services under the contract within this state shall be deemed to be the consumer of the tangible personal property and shall pay the sales tax imposed by this article at the time of the purchase. Any person so contracting who fails to pay the sales tax at the time of the purchase or at the time the sale is consummated outside the limits of this state shall be liable for the payment of the sales or use tax. This Code section shall not relieve the dealer who made the sale from such dealer's liability to collect and pay the tax on purchases by a contractor.
(b) Each person who contracts to perform services in this state and who is furnished tangible personal property for use under the contract by the person, or such person's agent or representative, for whom the contract is to be performed, when a sales or use tax has not been paid to this state by the person supplying the tangible personal property, shall be deemed to be the consumer of the tangible personal property so used and shall pay a use tax based on the fair market value of the tangible personal property so used irrespective of whether any right, title, or interest in the tangible personal property becomes vested in the contractors.

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(c) Each person who orally, in writing, or by purchase order contracts to perform any service the principal part of which is the furnishing of machinery which will not be under the exclusive control of the contractor shall be liable to collect a sales tax on the rental value of the machinery so used. If labor and other charges are not separated from the rental charge, the person so contracting shall be liable to collect a sales tax on the entire contract price.
(d) (1) Any subcontractor who enters into a construction contract with a general or prime contractor shall be liable under this article as a general or prime contractor. Any general or prime contractor who enters into any construction contract or contracts with any subcontractor, where the total amount of such contract or contracts between such general or prime contractor and any subcontractors on any given project equals or exceeds $250,000.00 shall withhold up to 4 percent of the payments due the subcontractor in satisfaction of any sales or use taxes owed this state.

(2) The prime or general contractor shall withhold payments on all contracts that meet the criteria specified in paragraph (1) of this subsection until the subcontractor furnishes such prime or general contractor with a certificate issued by the commissioner showing that all sales taxes accruing by reason of the contract between the subcontractor and the general or prime contractor have been paid and satisfied. If the prime or general contractor for any reason fails to withhold up to 4 percent of the payments due the subcontractor under their contract, such prime or general contractor shall become liable for any sales or use taxes due or owed this state by the subcontractor.

(e) Whenever a subcontractor holding a contract with a general or prime contractor has posted with the commissioner either a good and valid bond with a surety company authorized to do business in this state or legal securities in an amount of not less than $5,000.00 nor more than $50,000.00, as determined by the commissioner, conditioned that all sales and use taxes which may accrue to this state on account of the execution of contracts that meet the criteria established in paragraph (1) of subsection (d) of this Code section by subcontractors will be paid when due, no general or prime contractor shall withhold any sums due the subcontractor under their contract with respect to sales and use taxes.

(f) Nothing contained in this Code section shall be construed to impose any sales or use tax with respect to the use of tangible personal property owned by the United States in the performance of contracts with the United States when the property is not actually used up and consumed in the performance of the contract. Tangible personal property incorporated into real

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property construction which loses its identity as tangible personal property shall be deemed to be used up and consumed within the meaning of this subsection."

SECTION 3.

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

Approved April 17, 2000.

REVENUE AND TAXATION - SALES AND USE TAX; EXEMPTION FOR CERTAIN SALES OF MEDICAL EQUIPMENT USED BY DIABETICS.
Code Section 48-8-3 Amended.
No. 506 (House Bill No. 1583).
AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption from state sales and use tax with respect to the sale of blood measuring devices, other monitoring equipment, or insulin delivery systems used exclusively by diabetics; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by striking paragraph (50) and inserting in its place a new paragraph (50) to read as follows:
"(50) Sales of blood measuring devices, other monitoring equipment, or insulin delivery systems used exclusively by diabetics and sales of insulin, insulin syringes, and blood glucose level measuring strips dispensed without a prescription;".
SECTION 2.
This Act shall become effective on July 1, 2000.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Approved April 17, 2000.

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REVENUE AND TAXATION - SALES AND USE TAX; EXEMPTION FOR CERTAIN DYED DIESEL FUEL SALES.

Code Section 48-8-3 Amended.

No. 507 (House Bill No. 1582).
AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales of dyed diesel fuel exclusively for use by licensed commercial fishermen; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by striking the word "or" at the end of paragraph (62); by striking the period at the end of paragraph (63) and inserting in its place a semicolon and the word "or"; and by adding a new paragraph immediately following paragraph (63), to be designated paragraph (64), to read as follows:
"(64) (A) Sales of dyed diesel fuel exclusively used to operate vessels or boats in the commercial fishing trade by licensed commercial fishermen.
(B) Any person making a sale of dyed diesel fuel for the purposes specified in this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes such person with a certificate issued by the commissioner certifYing that the purchaser is entitled to purchase the dyed diesel fuel without paying the tax."
SECTION 2.

This Act shall become effective on January 1, 2001. SECTION 3.
All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 2000.

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REVENUE AND TAXATION - AD VALOREM TAXES; COUNTY BOARDS OF ASSESSORS; VALUATION OF MOTOR VEHICLES.

Code Sections 48-5-295 and 48-5-442 Amended.

No. 512 (House Bill No. 1224).

AN ACT

To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions regarding terms of office, vacancies, and removal of members of county boards of tax assessors; to change certain provisions regarding the state revenue commissioner's determination of the valuation of motor vehicles; to provide for effective dates and applicability; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking subsection (b) of Code Section 48-5-295, relating to terms of office, vacancies, and removal of members of county boards of tax assessors, and inserting in its place a new subsection (b) to read as follows:

"(b) A member of the county board of tax assessors may be removed by the county governing authority only for cause shown for the failure to perform the duties or requirements or meet the qualifications imposed upon such member by law including, but not limited to, the duties, requirements, and qualifications specified pursuant to Code Section 48-5-295.1 and subsection (e) of Code Section 48-5-262. No member of the board who is also employed by the county as a staff appraiser under Code Section 48-5-262 may be removed by the county governing authority during such member's term of appointment until the member has been afforded an opportunity for a hearing before the judge of the superior court of the county for recommendations by the judge of the superior court to the county governing authority regarding such removal."

SECTION 2.

Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 48-5-442, relating to the uniform evaluation of motor vehicles, and inserting in its place a new paragraph (1) to read as follows:

"(a) (1) (A) For the taxable year beginning January 1, 2001, only, the commissioner shall prepare and distribute to each of the tax collectors and tax commissioners a uniform evaluation of all motor vehicles for use as the taxable value of the motor vehicles subject to this article.

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Each evaluation shall reflect the value which would result from taking 75 percent of the current fair market value and 25 percent of the current wholesale value for all motor vehicles as determined by the commissioner.

(B) For all taxable years beginning on or after January 1, 2002, the commissioner shall prepare at least annually and distribute to each of the tax collectors and tax commissioners a uniform evaluation of all motor vehicles for use as the taxable value of the motor vehicles subject to this article. Each evaluation shall reflect the average of the current fair market value and the current wholesale value for all motor vehicles as determined by the commissioner."

SECTION 3.

(a) Section 1, this section, and Section 4 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. Section 1 of this Act shall supersede and control over any provision of House Bill 1296 to the contrary. If House Bill 1296 is not approved by the Governor or does not become law without such approval, Section 1 of this Act shall not become effective and shall stand repealed in its entirety.

(b) Section 2 of this Act shall become effective on January 1, 2001.

SECTION 4.

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

Approved April 18, 2000.

REVENUE AND TAXATION - AD VALOREM TAXES; EXEMPTION FOR CERTAIN MOTOR VEHICLES OF PURPLE HEART CITATION RECIPIENTS.
Code Section 48-5-478.2 Enacted.
No. 513 (House Bill No. 1417).
AN ACT
To amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to provide for an exemption from such taxation with respect to certain motor vehicles owned or leased by veterans of the armed forces of the United States who have been awarded the Purple Heart citation; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1.
Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, is amended by adding a new Code section immediately following Code Section 48-5-478.1, to be designated Code Section 48-5-478.2, to read as follows:

"48-5-478.2.

A single motor vehicle owned by or leased to a veteran of the armed forces of the United States who has been awarded the Purple Heart citation and who is a citizen and resident of Georgia and on which such veteran actually places a motor vehicle license plate he or she receives from the State of Georgia pursuant to Code Section 40-2-84 is hereby exempted from all ad valorem taxes for state, county, municipal, and school purposes."
SECTION 2.

This Act shall become effective on January 1, 2001, and shall be applicable to all taxable years beginning on or after that date.

SECTION 3.

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

Approved April 18, 2000.

GAME AND FISH - WILDLIFE CONTROL PERMITS.
Code Section 27-2-31 Amended.
No. 542 (House Bill No. 1409).
AN ACT
To amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, so as to provide that the Department of Natural Resources may issue permits to trap, transport and release, or kill wildlife and feral hogs under certain circumstances where such action is otherwise prohibited by law; to provide that the department shall specify such conditions upon such permits as the department deems necessary; to provide an exception; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1.

Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, is amended by inserting at the end thereof the following:

"27-2-31.
(a) The department is authorized to issue wildlife control permits authorizing the permittee to trap, transport and release, or kill wildlife and feral hogs where such action is otherwise prohibited by law or regulation:

(1) When the department determines that there is a substantial likelihood the presence of such wildlife or feral hogs will endanger or cause injury to persons or will destroy or damage agricultural crops, domestic animals, buildings, structures, or other personal property;

(2) For the control of white-tailed deer on airport property; provided, however, that permits shall be issued under this paragraph for purposes of public safety, and the control of white-tailed deer for other purposes and the removal of black bear shall be as provided in Code Sections 27-2-18 and 27-3-21, respectively;

(3) For fur-bearing animals, as defined in paragraph (31) of Code Section 27-1-2, to implement a bona fide wildlife management plan that has been approved by the department; and

(4) For feral hogs, provided that all permitted activities must comply with all rules and regulations of the Georgia Department of Agriculture.

(b) In issuing a wildlife control permit, the department shall prescribe the method, means, species, numbers, time limits, location, and any other conditions it deems necessary to ensure the continued viability of the wildlife population involved and to ensure that the public safety and interest are not compromised.

(c) Nothing in the Code section shall be construed to authorize the taking of any species which is protected by the federal Endangered Species Act of 1973, Public Law 93-205, as amended, or under any state law or regulation which has as its purpose the protection of endangered or threatened species."

SECTION 2.

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

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SECTION 3.

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

Approved April 19, 2000.

AGRICULTURE - SOIL AND WATER CONSERVATION DISTRICTS; IMMUNITY AGAINST CERTAIN LIABILITIES.
Code Section 2-6-51 Enacted.
No. 551 (House Bill No. 1464).
AN ACT
To amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to specify conditions under which such districts shall not be liable for certain loss, damage, injury, or death; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, is amended by adding a new Code section at the end thereof, to be designated Code Section 2-6-51, to read as follows:
"2-6-51.
Notwithstanding any other provision of law to the contrary, no district shall have any liability for loss, damage, injury, or death resulting from the location of structures or dwellings on state owned or controlled property in violation of properly recorded easements when all legal recourse to remove such structures or dwellings has been exhausted and property rights in favor of the person infringing upon the easement have been upheld on a final judgment with no appeal or review pending. The provisions of this section shall only apply to soil and water conservation districts and their easements."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 3.

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

Approved April 19, 2000.

COURTS - SENIOR JUDGES; RETIRED JUDGES; JUDGES EMERITI; COMPENSATION AND EXPENSES.
Code Sections 15-1-9.1 through 15-1-9.3 Amended.
No. 570 (House Bill No. 1574).
AN ACT
To amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to revise and clarifY provisions relating to compensation and expenses for certain senior judges, certain retired judges, and certain judges emeritus; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION l.
Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, is amended in Code Section 15-1-9.1, relating to requesting judicial assistance from other courts, by striking subsection (i) in its entirety and inserting in its place the following:
"(i) Senior judges of the superior courts, senior judges appointed pursuant to Code Section 15-1-9.3, part-time judges, and retired judges or judges emeritus of the state courts shall receive the amount of compensation and payment for expenses as provided by Code Section 15-1-9.2. All other judges rendering assistance in accordance with this Code section shall be entitled to actual travel and lodging expenses but shall not be entitled to any additional compensation for this assistance."
SECTION 2.
Said chapter is further amended in Code Section 15-1-9.2, relating to senior judges of the superior courts, by striking subsection (d) in its entirety and inserting in lieu thereof the following:
"(d) (1) Senior judges serving as judges of an appellate or superior court under this Code section or any other provision of law shall receive compensation from state funds for each day of service, in the amount of the annual state salary of a judge of the applicable court, divided by 235. In addition to such compensation, such senior judges shall receive their ac-

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tual expenses or, at the judge's option, in the event of service outside the county of the judge's residence, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as other state employees for such services. Such compensation, expenses, and mileage shall be paid from state funds appropriated or otherwise available for the operation of the appellate or superior courts, upon a certificate by the senior judge as to the number of days served or the expenses and mileage. Such compensation shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits, when applicable, of such judge.

(2) Senior judges serving as judges of any court other than an appellate or superior court under this Code section or any other provision of law shall receive compensation for each day of service, in the amount of the annual salary of a judge of the applicable court, divided by 235. In addition to such compensation, such senior judges shall receive their actual expenses or, at the judge's option, in the event of service outside the county of the judge's residence, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as state employees for such services. Such compensation, expenses, and mileage shall be paid from funds appropriated or otherwise available for the operation of the applicable court, upon a certificate by the senior judge as to the number of days served or the expenses and mileage. Such compensation shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits, when applicable, of such judge."
SECTION 3.
Said chapter is further amended in Code Section 15-1-9.3, relating to senior judges of the state courts or juvenile courts, by striking subsection (f) in its entirety and inserting in lieu thereof the following:
"(f) A senior judge shall receive compensation and expenses as provided in subsection (d) of Code Section 15-1-9.2."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Approved April 19, 2000.

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423

INSURANCE - PROPERTY; HEAVY EQUIPMENT DEALERS EXEMPTION.

Code Section 33-7-6 Amended.

No. 638 (House Bill No. 1219).

AN ACT

To amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to provide that the requirements thereof shall not apply to dealers of certain heavy equipment; to provide for a definition; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, is amended by adding a new subsection at the end thereof, to be designated subsection (e), to read as follows:

"(e) (1) As used in this subsection, the term 'heavy equipment dealer' means a person, firm, or corporation which is primarily engaged in the business of selling, renting, leasing, and servicing heavy equipment, engines, power generation equipment, and parts and attachments to such heavy equipment which is primarily used for construction, industrial, maritime, mining, agriculture, or similar purposes and who is not required to be licensed.

(2) The provisions of this Code section shall not apply to heavy equipment dealers."

SECTION 2.

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

Approved April 19, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

LOCAL GOVERNMENT - COUNTIES AND LOCAL SCHOOL DISTRICTS; HOMEOWNER TAX RELIEF FUNDS ALLOTMENT; AD VALOREM TAX CREDIT CALCULATION.
Code Section 36-89-4 Amended.
No. 641 (House Bill No. 1403).
AN ACT
To amend Code Section 36-89-4 of the Official Code of Georgia Annotated, relating to the allotment of homeowner tax relief funds to counties and local school districts, so as to change the manner in which ad valorem tax credit amounts are calculated; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 36-89-4 of the Official Code of Georgia Annotated, relating to the allotment of homeowner tax relief funds to counties and local school districts, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) When funds are appropriated as provided in Code Section 36-89-3, such grants shall be allotted to each county and local school district in the state as follows:
( 1) Immediately following the actual preparation of ad valorem property tax bills, each county tax commissioner shall notifY the Department of Revenue of the total amount of tax revenue which would be generated by applying the sum of the state and county millage rates to the eligible assessed value of each qualified homestead in the county. The total amount of actual tax credits, so calculated, given to all qualified homesteads in the county shall be the amount of the grant to that county; and
(2) Immediately following the actual preparation of ad valorem property tax bills, each local school district's fiscal authority shall notifY the Department of Revenue of the total amount of tax revenue which would be generated by applying the school millage rate to the eligible assessed value of each qualified homestead in the local school district. The total amount of actual tax credits, so calculated, given to all qualified homesteads in the local school district shall be the amount of the grant to that local school district.
Credit amounts computed under paragraphs (1) and (2) of this subsection shall be applied to reduce the otherwise applicable tax liability on a dollarfor-dollar basis, but the credit granted shall not in any case exceed the amount of the otherwise applicable tax liability after the granting of all ap-

GEORGIA LAWS 2000 SESSION

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plicable homestead exemptions except for any homestead exemption under Article 2A of Chapter 8 of Title 48, the 'Homestead Option Sales and Use Tax Act,' as amended, and after the granting of all applicable millage rollbacks."

SECTION 2.

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

SECTION 3.

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

Approved April 19, 2000.

COMMERCE AND TRADE- SELF-SERVICE STORAGE FACILITIES.
Code Section 104-213 Amended.
No. 642 (House Bill No. 817).
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 change certain provisions of the standard rental agreement relating to storage of personal property which is the basis for enforcement of liens without judicial intervention; to authorize the owner of a self-service storage facility to deny the occupant access to property stored in the space upon the occupant's default of payment; to change the definition of "personal property" which is subject to this Code section; to provide for the duties and rights of the parties with respect to the care, custody, and control of personal property stored in self-service facilities; to provide that an owner of a self-service storage facility does not become a bailee of the occupant's personal property by enforcing the owner's lien; to change the provisions relating to delivery of notice of enforcement of a lien; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to self-service storage facilities, is amended by striking in its entirety Code Section 104-213, relating to enforcement of liens without judicial intervention, and inserting in lieu thereof a new Code Section 10-4-213 to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"10-4-213.

Provided that it complies with the requirements of this Code section, an owner may enforce the lien without judicial intervention. Owner shall obtain from 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, the Owner agrees to let the 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 con-

tinuing month to month until terminated.

'Space,' as used in this agreement, will be that part of the self-service stor-

age facility as described above. The Occupant agrees to pay the 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 tenth of the month due, or if any check given in payment is dishonored, 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 the Occupant. However, it is agreed to between the parties that the Owner may set off any claims it may have against the Occupant from this fund.

The space named herein is to be used by the Occupant solely for the purpose of storing any personal property belonging to the Occupant. The 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. The Occupant agrees that the property will not be used for any

GEORGIA LAWS 2000 SESSION

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unlawful purposes and the 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, 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 TENTH OF THE MONTH DUE, OR IF ANY CHECK GIVEN IN PAYMENT IS DISHONORED, THE OCCUPANT IS IN DEFAULT FROM DATE PAYMENT WAS DUE.

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, watercraft, household items, and furnishings; 'last known address' means that address provided by the Occupant in the latest rental agreement or the address provided by the Occupant in a subsequent written notice of a change of address.

The 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 re-

corded prior to the date of this rental agreement in Georgia, in the name

of the Occupant, either in the county of the Occupant's 'last known ad-

dress' or in the county where the self-service storage facility is located, ex-

cept any tax lien as provided by law and except those liens or security in-

terests of whom the Owner has knowledge through the Occupant's

disclosure in this rental agreement or through other written notice. Oc-

cupant attests that the personal property in his space(s) is free and clear

of all liens and secured interests except for

. The Owner's

lien attaches as of the date the personal property is brought to the self-ser-

vice storage facility.

If Occupant has been in default continuously for thirty (30) days, Owner may enforce its lien, provided Owner shall comply with the following procedure:

The Occupant shall be notified in writing by delivery in person or by certified mail to the last known address of Occupant. The Owner also shall notify other parties with superior liens or security interests as de-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

fined in this rental agreement. Such notice shall be presumed delivered when notice of delivery, failure to accept delivery, or the impossibility of delivery is received by Owner.
Owner's notice to Occupant shall include an itemized statement of the Owner's claim showing the sum due, at the time of the notice, and the date when the sum became due. It shall briefly and generally describe the personal property subject to the lien. The description shall be reasonably adequate to permit the person (s) notified to identify it, except that any container included, but not limited to, a trunk, valise, or box that is locked, fastened, sealed, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents. Owner's notice shall notify Occupant of denial of access to the personal property and provide the name, street address, and telephone number of the Owner or its designated agent, whom the 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.
Mter the expiration of the time given in Owner's notice, Owner shall publish an advertisement of the public sale to the highest bidder, once a week, for two consecutive weeks, in a newspaper of general circulation where the self-service storage facility is located. 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 the Occupant; and the time, place, and manner of the public sale. The public sale to the highest bidder shall take place not sooner than fifteen (15) days after the first publication. If there is no newspaper of general circulation where the self-service storage facility is located, the advertisement shall be posted at least ten (10) days before the date of the public sale and in not less than six (6) conspicuous places in the neighborhood where the self-service storage facility is located.
If no one purchases the property at the public sale and if the Owner has complied with the foregoing procedures, the Owner may otherwise dispose of the property and shall notify the Occupant of the action taken. Any sale or disposition of the personal property shall be held at the selfservice storage facility or at the nearest suitable place to where the personal property is held or stored.

GEORGIA lAWS 2000 SESSION

429

Before any sale or other disposition of personal property pursuant to this agreement, the Occupant may pay the amount necessary to satisfY the lien and the reasonable expenses incurred and thereby redeem the personal property and thereafter the 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 the Owner with the requirements of this agreement.

In the event of a sale, the Owner may satisfY his lien from the proceeds of the sale. The Owner shall hold the balance of the proceeds, if any, for the 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 the Owner's liability exceed the proceeds of the sale."

SECTION 2.

This Act shall become effective on July l, 2000, and shall apply to rental agreements entered into on and after that date.

SECTION 3.

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

Approved April 19, 2000.

MOTOR VEHICLES AND TRAFFIC - INSURANCE; NOTICES BY INSURERS TO STATE REGARDING EFFECTIVE MINIMUM LIABILITY
COVERAGE; PROOF; INSURERS' ACCESS TO DRIVERS' RECORDS.
Code Title 40 Amended. Code Section 16-9-5 Amended.
No. 643 (Senate Bill No. 69).
AN ACT
To amend Code Section 16-9-5 of the Official Code of Georgia Annotated, relating to counterfeit or false proof of insurance document, so as to redefine a term; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to keeping of records of applications for motor vehicle drivers' licenses and information on licensees and furnishing of information; to change certain provisions relating to notice and procedure upon notice of insurance cancellation, lapse

430

GENERAL ACTS AND RESOLUTIONS, VOL. I

fee, suspension of license, and restricted driving permits; to provide for certain motor vehicle liability insurance reporting requirements for insurers; to change certain provisions relating to proof of insurance required and penalty; to change certain provisions relating to insurance requirements for operation of motorcycles; to provide legislative findings and declarations; to provide effective dates; 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 a significant number of motor vehicle owners in this state fail to meet the requirements of existing law for minimum motor vehicle liability insurance. The General Assembly finds further that enforcement of such requirements is made difficult by existing methods and procedures for tracking insurance coverage and providing proof of insurance.
(b) The General Assembly declares that the purpose of this Act is to improve enforcement of minimum motor vehicle liability insurance requirements by providing the Department of Public Safety with updated information from insurers regarding those vehicles for which minimum motor vehicle liability insurance coverage is in effect, which information may be made accessible to law enforcement officers throughout the state, all without hampering the underwriting activities of any insurer or changing existing penalties for operating a motor vehicle without minimum liability insurance coverage.
SECTION 2.
Code Section 16-9-5 of the Official Code of Georgia Annotated, relating to counterfeit or false proof of insurance document, is amended by striking subsection (a) and inserting in lieu thereof the following:

"(a) As used in this Code section, the term 'proof of insurance document' means any document issued by, on behalf of, or purportedly on behalf of an insurer to a motor vehicle policyholder or applicant for motor vehicle coverage, which document is designed to constitute proof or evidence of the minimum motor vehicle liability insurance required by law for the purposes of Code Section 40-6-10."
SECTION 3.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subparagraph (c)(1) (B), paragraph (1) of subsection (d), and subsection (j) of Code Section 40-5-2, relating to keeping of records of applications for motor vehicle drivers' licenses and information on licensees and furnishing of information, and inserting in lieu thereof the following:

GEORGIA lAWS 2000 SESSION

431

"(B) (i) Pursuant to a written request or a request made in accordance with a contract with the GeorgiaNet Authority for immediate on-line electronic furnishing of information, for use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating, or underwriting involving the driver; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this division shall be limited to name, address, driver identification number, and medical or disability information. The person who makes a request for a driver's operating record shall identify himself or herself and shall have certified or affirmed that the information contained in the record will be used only for the purpose specified in the request. Further, the person making the request shall certify or affirm that he or she has on file an application for insurance or for the renewal or amendment thereof involving the driver or drivers; or

(ii) For the purpose of ascertaining necessary rating information by an insurance agent pursuant to an insurer's contract with the GeorgiaNet Authority for the immediate on-line electronic furnishing of limited rating information to such insurer's agents. Limited rating information furnished under this division shall include only the number of violations of Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, and the number and type of other moving traffic violations which were committed by the proposed insured driver or drivers within the immediately preceding three or five years, which period shall be specified by the person making the request. The provisions of division (i) of this subparagraph notwithstanding, no other information concerning a driver's operating record shall be released to such agents for purposes of rating;"

"(d)(1) The commissioner shall designate members of the department to be the official custodians of the records of the department. No disclosure or release of operating records or personal information shall be made without the signed written approval of a designated custodian; except that such approval shall not be required for any release or disclosure through the GeorgiaNet Authority pursuant to the signed written consent of the driver, provided that any such signed written consent shall be retained for a period of not less than four years by the party requesting the information; and except that such approval shall not be required for any release or disclosure of information made electronically through the GeorgiaNet Authority in accordance with a contract authorized by subparagraph (c) (1) (B) of this Code section. The custodians may certify copies or com-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

pilations, including extracts thereof, of the records of the department. When so certified, such records shall be admissible as evidence in any civil or criminal proceeding as proof of the contents thereof."

"(j) The commissioner is authorized to promulgate any rules, regulations, or policies as are necessary to carry out the provisions of this Code section. The department and the GeorgiaNet Authority are each authorized to charge reasonable fees to defray costs incurred in affording access to or disseminating information from records or data bases pursuant to provisions of this Code section; provided, however, that the fee for furnishing an abstract of a driver's record shall not exceed $10.00; and provided, further, that the fee for furnishing the limited information provided for purposes of insurance rating pursuant to division (c) ( 1)(B) (ii) of this Code section shall not exceed 20 percent of the fee for furnishing the abstract of a driver's record."

SECTION 4.

Said title is further amended by striking subsections (a), (b), and (c) of Code Section 40-5-71, relating to notice and procedure upon notice of insurance cancellation, lapse fee, suspension of license, and restricted driving permits, and inserting in lieu thereof the following:

"(a) As used in this Code section, the term:

(1) 'Commercial vehicle policy' means a policy of motor vehicle liability insurance insuring a motor vehicle that is rated or insured as a business use or commercial use vehicle or is licensed by the state as a commercial vehicle, except that such term shall not include any policy issued to a named insured who is a natural person.

(2) 'Terminate' or 'termination' means actual cessation of insurance coverage for any reason, including without limitation cancellation, nonrenewal, or nonpayment of premium, and without regard to whether such cessation was preceded by any extension or grace period allowed by the insurer.

(a.1) (1) (A) For purposes of aiding in the enforcement of the requirement of minimum motor vehicle liability insurance, any insurer issuing or renewing in this state any policy of motor vehicle liability insurance required by Chapter 34 of Title 33 shall within 30 days after the date the insurance agent binds the coverage or on the date such coverage was renewed, whichever is applicable, provide notice of such insurance coverage by electronic transmission to the Department of Public Safety; except that once coverage data has been electronically transmitted to the Department of Public Safety, there shall be no requirement to report on subsequent renewals of that coverage. Insurance coverage information included in such notice of issue or renewal shall be limited

GEORGIA lAWS 2000 SESSION

433

exclusively to vehicle identification number and policy effective date. The department shall not require the name of the insurer or the policy limits to be disclosed for purposes of this subparagraph.

(B) In cases in which the minimum motor vehicle insurance coverage required by Chapter 34 of Title 33 terminates, the insurer shall by electronic transmission notify the Department of Public Safety of such coverage termination on or before the date coverage ends. Insurance coverage termination information included in such notice shall include vehicle identification number and the date of coverage termination.

(C) The commissioner of public safety shall notify the Commissioner of Insurance quarterly of any and all violations of the notice requirements of this paragraph by any insurer, and the Commissioner of Insurance may take appropriate action against such insurer the same as is authorized by Code Section 33-2-24 for violations of Title 33; provided, however, that there shall be no private cause of action against an insurer for civil damages for providing information, failing to provide information, or erroneously providing information pursuant to this Code section. No insurer shall utilize the costs of any audit or examination conducted by the Insurance Department pursuant to this paragraph as a cost of business in the insurer's rate base.

(2) The Department of Public Safety shall prescribe the form and manner of electronic transmission for the purposes of insurers sending the notices required by this Code section which shall in no way be construed as modifying the provisions of Code Section 33-24-45.

(3) Notwithstanding the provisions of paragraph (1) of this subsection, any irregularities in the notice to the Department of Public Safety required by paragraph (1) of this subsection shall not invalidate an otherwise valid cancellation.

(4) The provisions of this subsection shall not apply to any commercial vehicle policy.

(b) (1) Mter receipt of notification of coverage termination, if the department does not on or before the effective date of such termination receive notice from an insurer that new minimum insurance coverage for such motor vehicle has been issued, the department shall send a notice to the owner of the motor vehicle stating that the department has been informed of the fact of the coverage termination and informing such owner of the penalties outlined in this Code section.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) Upon receipt of the department's notice, it shall be the duty of the owner of such motor vehicle to respond on the form provided by the department and to provide proof that minimum insurance coverage has been obtained or is no longer required and to provide any other information relating to such insurance coverage requested by the department.

(3) The owner shall furnish such information to the department within 30 days of the date on which the notification was mailed by the department.

(c) (1) If the owner responds within the specified time period and indicates that minimum insurance coverage is in effect, but there has been a lapse of coverage, the owner shall remit a $25.00 lapse fee to the department with the form providing proof of minimum insurance coverage. Supplying the form in this case without the lapse fee will result in suspension of the driver's license as if the form had not been returned in a timely manner as provided in paragraph (3) of this subsection.

(2) If the owner responds within the specified time period and does not indicate that minimum insurance coverage is in effect or is no longer required, the owner's driver's license shall be suspended immediately by the department. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having minimum insurance coverage, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail, the suspension shall terminate, and the department shall return the driver's license to the owner of the motor vehicle.

(3) If the owner does not respond within the specified time period, the department shall suspend the owner's driver's license. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail, the suspension period shall terminate and the department shall return the driver's license to the owner of the motor vehicle; provided, however, that for any owner whose driver's license has been suspended pursuant to this paragraph who provides satisfactory proof of continuous minimum insurance coverage, the commissioner may waive the lapse fee and the restoration fee, and the owner shall not be deemed to have violated Code Section 40-5-121.

(4) In the event of a second or subsequent offense under this Code section during any five-year period, the department shall suspend the driver's license for a period of 90 days. Upon demand of the department, the owner shall forward the drive; .-; license to the department. Mter the 90 day suspension period and when the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00,

GEORGIA LAWS 2000 SESSION

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and pays a restoration fee of $60.00 or $50.00 when processed by mail to the department, the suspension shall terminate, and the department shall return the driver's license to the owner of the motor vehicle."

SECTION 5.

Said title is further amended by striking subsection (a) of Code Section 40-610, relating to proof of insurance required and penalty, and inserting in lieu thereof the following:
"(a) (1) The owner or operator of a motor vehicle for which minimum motor vehicle liability insurance coverage is required under Chapter 34 of Title 33 shall keep proof or evidence of required minimum insurance coverage in the vehicle at all times during the operation of the vehicle if:

(A) The policy providing such coverage was applied for within the last 30 days, in which case a current written binder for such coverage for a period not exceeding 30 days from the date such binder was issued shall be considered satisfactory proof or evidence of required minimum insurance coverage;

(B) The vehicle is operated under a rental agreement, in which case a duly executed vehicle rental agreement shall be considered satisfactory proof or evidence of required minimum insurance coverage; or

(C) The owner acquired ownership of the motor vehicle in question within the past 20 days, in which case if the type of proof described in subparagraph (A) of this paragraph is not applicable but the vehicle is currently effectively provided with required minimum insurance coverage under the terms of a policy providing required minimum insurance coverage for another motor vehicle, then a copy of the insurer's declaration of coverage under the policy providing such required minimum insurance coverage for such other vehicle shall be considered satisfactory proof or evidence of required minimum insurance coverage for the vehicle in question, but only if accompanied by proof or evidence that the owner acquired ownership of the vehicle in question within the past 20 days;

provided, however, that the requirements of this paragraph shall not apply to the owner or operator of any vehicle for which the records of the Department of Public Safety indicate that required minimum insurance coverage is currently effective. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of required minimum insurance coverage for the purposes of compliance with this subsection. Except as otherwise provided in paragraph (4) of this subsection, any person who fails to comply with the requirements of this subsection shall be guilty

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of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both.

(2) (A) Insurance coverage information from records of the department shall be prima-facie evidence of the facts stated therein and shall be admissible as evidence in accordance with Code Section 24-3-17.

(B) Every law enforcement officer in this state shall request the operator of a motor vehicle subject to the provisions of paragraph (1) of this subsection to produce proof or evidence of required minimum insurance coverage every time the law enforcement officer requests the presentation of the driver's license of the operator of the vehicle.

(3) If the owner or operator of a motor vehicle subject to the provisions of paragraph (1) of this subsection fails to show proof or evidence of required minimum insurance, the arresting officer shall issue a uniform traffic citation for operating a motor vehicle without proof of insurance and shall take possession of the driver's license and forward it to a court of competent jurisdiction. If the court or arresting officer determines that the operator is not the owner, then a uniform traffic citation may be issued to the owner for authorizing the operation of a motor vehicle with out proof of insurance.

(4) If the person receiving a citation under this subsection shows to the court having jurisdiction of the case that required minimum insurance coverage was in effect at the time the citation was issued, the court shall return the driver's license upon payment of a fine not to exceed $25.00. The court shall not in this case forward a record of the disposition of the case to the department and the driver's license of such person shall not be suspended.

(5) (A) For purposes of this Code section up to and including August 31, 2001, a valid insurance card shall be sufficient proof of insurance for any vehicle.

(B) For purposes of this Code section on and after September 1, 2001, a valid insurance card shall be sufficient proof of insurance only for any vehicle covered under a commercial vehicle policy as defined in Code Section 40-5-71.

(C) For any vehicle covered under a policy of motor vehicle liability in surance that is not a commercial vehicle policy as defined in Code Sec tion 40-5-71, the insurer shall issue a policy information identification card which shall contain at least the name of the insurer, policy num her, policy issue or effective date, policy expiration date, name of the insured, and year, make, model, and vehicle identification number of

GEORGIA lAWS 2000 SESSION

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each vehicle insured; provided, however, that on and after September 1, 2001, any such policy information identification card shall not be sufficient proof of insurance for any purposes of this Code section."

SECTION 5A.

Said title is further amended by striking subsection (b) of Code Section 40-610, relating to proof of insurance required and penalty, and inserting in lieu thereof the following:

"(b) An owner or any other person who knowingly operates or knowingly authorizes another to operate a motor vehicle without effective insurance on such vehicle or without an approved plan of self-insurance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. An operator of a motor vehicle shall not be guilty of a violation of this Code section if such operator maintains a policy of motor vehicle insurance which extends coverage to any vehicle the operator may drive. An owner or operator of a motor vehicle shall not be issued a citation by a law enforcement officer for a violation of this Code section if the sole basis for issuance of such a citation is that the law enforcement officer is unable to obtain insurance coverage information from the records of the department."

SECTION 6.

Said title is further amended by striking Code Section 40-6-11, relating to insurance requirements for operation of motorcycles, and inserting in lieu thereof the following:

"40-6-11.

(a) For the purposes of this Code section, 'motorcycle' means any motor vehicle traveling on public streets or highways having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excluding a tractor and a moped.

(b) No owner of a motorcycle or any other person, other than a self-insurer as defined in Chapter 34 of Title 33, shall operate or authorize any other person to operate the motorcycle unless the owner has l1ability insurance on the motorcycle equivalent to that required as evidence of security for bodily i~ury and property damage liability under Code Section 40-9-37. Any person who violates this subsection shall be guilty of a misdemeanor.

(c) The operator of a motorcycle shall keep proof or evidence of the minimum insurance coverage required by this Code section in his or her immediate possession or on the motorcycle at all times when such person is operating the motorcycle but only under the same circumstances and of the same type as prescribed for operators of other motor vehicles in paragraph

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) of subsection (a) of Code Section 40-6-10. Any person who violates this subsection shall be subject to a fine not to exceed $25.00; however, there shall be no suspension of the person's operator's license or motor vehicle license tag for a violation of this subsection.
(d)(1) Insurance coverage information from records of the department shall be prima-facie evidence of the facts stated therein and shall be admissible as evidence in accordance with Code Section 24-3-17.
(2) Every law enforcement officer in this state shall request the operator of a motorcycle subject to the provisions of subsection (c) of this Code section to produce proof or evidence of minimum insurance coverage required by this Code section at any time the law enforcement officer requests the presentation of the driver's license of such operator."
SECTION 6A.

Said title is further amended by adding to Code Section 40-6-11, relating to insurance requirements for operation of motorcycles, a new subsection (e) to read as follows:
"(e) An owner or operator of a motorcycle shall not be issued a citation by a law enforcement officer for a violation of this Code section if the sole basis for issuance of such a citation is that the law enforcement officer is unable to obtain insurance coverage information from the records of the department."
SECTION 7.

This Act shall become effective on July 1, 2000, except that Sections 4, 5, 5A, 6, and 6A shall become effective on August 1, 2000.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 2000.

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INSURANCE - HEALTH MAINTENANCE ORGANIZATIONS; ESSENTIAL RURAL HEALTH CARE PROVIDER ACCESS.

Code Section 33-20B-3 Amended. Code Section 33-20B-3.1 Enacted.

No. 644 (Senate Bill No. 334).

AN ACT

To amend Chapter 20B of Title 33 of the Official Code of Georgia Annotated, the "Essential Rural Health Care Provider Access Act," so as to eliminate the exemption for health maintenance organizations; to provide related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 20B of Title 33 of the Official Code of Georgia Annotated, the "Essential Rural Health Care Provider Access Act," is amended by striking Code Section 33-20B-3, relating to qualifications for participating providers, and inserting in lieu thereof two new Code sections to read as follows:

"33-20B-3.

(a) Any essential rural health care provider shall have the opportunity to become a participating provider of health care services in a health benefit plan if such provider meets all of the following conditions:

(1) Participates in the medicare and Medicaid programs;

(2) Adopts and complies with a policy for the provision of health care services to indigent and charity patients;

' (3) Is licensed, where required under law, and qualified to render the services provided by the plan;

(4) Agrees to payment terms which are either:

(A) The same payment terms applicable to other similar participating providers in the plan; or

(B) Such payment terms as may be mutually agreed upon by such provider and a health care insurer; and

(5) Meets the reasonable and nondiscriminatory qualifications and standards established by the plan. Plan standards must comply with all applicable laws and regulations, but such qualifications and standards may not discriminate against essential rural health care providers on the basis of geographic proximity to other participating providers or corporate status.

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(b) All essential rural health care providers within a defined service area who meet the conditions established in subsection (a) of this Code section shall be given the opportunity to apply to become a participating provider in a plan. Provisions within a health benefit plan applicable to providers in such plan shall be applied by the health care insurer in a uniform and consistent manner to similarly situated providers. In the event an essential rural health care provider requests the opportunity to become a participating provider in any health benefit plan, the health care insurer shall conduct reasonable and good faith negotiations with such essential rural health care provider to determine whether it meets the applicable qualifications and standards established by the plan in accordance with all applicable laws, rules, and regulations as promulgated by the Commissioner of Insurance.

(c) Health benefit plans shall include sufficient and reasonable numbers of physicians located in rural areas.

33-20B-3.1.

When reviewing a health maintenance organization's request to originate or expand an area of service into a rural area, the commissioner of human resources shall consider whether the health maintenance organization has demonstrated its willingness to grant reasonable consideration to essential rural health care providers in the negotiating and contracting process."

SECTION 2.

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

Approved April 19, 2000.

MENTAL HEALTH - STATE OMBUDSMAN; COMMUNITY OMBUDSMEN; COMMUNITY SERVICE BOARD AND REGIONAL BOARD MEMBERSHIP ELIGIBILITY
Code Section 37-2-5 Amended. Code Title 37, Chapter 2, Article 2 Enacted.
No. 645 (Senate Bill No. 479).
AN ACT
To amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of certain mental disability services, so as to provide for a state ombudsman and community ombudsmen for mental health, mental retardation, and substance abuse; to provide for definitions; to provide for the state ombudsman and for such position to be under the supervision and direction of the consumers' insurance advocate; to provide for qualifications, conflicts of interest, powers, and duties of the state ombudsman; to pro-

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vide for contracts to operate a community ombudsman program and for certification, powers, and duties of community ombudsmen; to provide for investigations regarding disability services providers and standards and procedures relating thereto; to provide for complaint resolution and actions and referrals relating thereto; to provide for reports and legal representation; to provide for confidentiality of information; to provide for notices; to prohibit certain conduct and provide for sanctions and penalties; to provide for immunity from liability; to provide for statutory construction, rules, and regulations; to provide for ineligibility of persons as community service board and regional board members; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of certain mental disability services, is amended by adding at the end a new article to read as follows:
"ARTICLE 2

37-2-30. As used in this article, the term:

(1) 'Community ombudsman' means a person certified as a community ombudsman pursuant to Code Section 37-2-32.

(2) 'Disability' and 'disability services' have the same meaning as provided in Code Section 37-2-2.

(3) 'Nonprofit corporation' means a nonprofit corporation which is exempt from taxation under Section 501 (c) (3) of the Internal Revenue Code of 1986 and which is not a services provider.

(4) 'Program' means the community ombudsman program operated pursuant to Code Section 37-2-32.

(5) 'Service recipient' means a person with a disability who receives or is eligible to receive disability services from a services provider which provides disability services in a regional board district in which the program is operated.

(6) 'Services provider' means a community service board or state or local governmental entity, but not a regional board, which provides disability services to service recipients in a regional board district in which the program is operated or which contracts for the provision of those services or

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any person, corporation, or business which provides disability services to service recipients in a regional board district in which the program is operated.
(7) 'State ombudsman' means the state ombudsman for mental health, mental retardation, and substance abuse created under Code Section 37-231.

37-2-31.

There is created the state ombudsman for mental health, mental retardation, and substance abuse who shall be a full-time state employee under the supervision and direction of the consumers' insurance advocate in the Governor's Office of Consumer Mfairs under Code Section 33-57-3. The state ombudsman shall have the powers and duties set forth in this article. The state ombudsman shall be a person qualified by training and experience in the field of disability services, have experience advocating for the rights of people with disabilities, and have the skills to perform the duties set forth in this article. The state ombudsman shall be free of a conflict of interest. The state ombudsman shall promote the well-being and quality of life of service recipients and encourage the development of community ombudsman activities at the local level.

37-2-32.
The state ombudsman shall contract with one or more nonprofit corporations to operate a community ombudsman program in one or more regional board districts in this state. A nonprofit corporation shall not be eligible for such contract unless that corporation has experience in complaint resolution for service recipients and secures as community ombudsmen only such persons as are certified as such by the state ombudsman. The state ombudsman may certify community ombudsmen and such certified ombudsmen shall have the powers and duties set forth in this article. The state ombudsman shall require such community ombudsmen to receive appropriate training as determined and approved by the state ombudsman prior to certification.
37-2-33.

The state ombudsman shall:

(1) Establish policies and procedures for recelVlng, investigating-, referring, and attempting to resolve complaints made by or on behalf of service recipients concerning any act, omission to act, practice, policy, or procedure of a services provider that may adversely affect the health, safety, or welfare of any service recipient or the delivery of disability services to such service recipient;

GEORGIA LAWS 2000 SESSION

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(2) Investigate and make reports and recommendations to the department and other appropriate agencies concerning any act or failure to act by any services provider with respect to its responsibilities and duties in connection with service recipients receiving or eligible to receive disability services from such provider;

(3) Establish a uniform state-wide reporting system to record data about complaints and conditions with regard to services providers and collect and analyze such data in order to identify significant problems affecting service recipients receiving or eligible to receive disability services from such providers;

(4) Promote the development of community ombudsmen activities and provide technical assistance as necessary;

(5) Promote the interests of service recipients before governmental agencies and seek administrative and other remedies to protect the health, safety, welfare, and rights of the service recipients; and

(A) Analyze, comment on, and monitor the development and implementation of federal, state, and local laws, regulations, and other governmental policies and actions that pertain to the health, safety, welfare, and rights of the service recipients with respect to the adequacy of disability services in the state;

(B) Recommend any changes in such laws, regulations, policies, and actions as the state ombudsman determines to be appropriate; and

(C) Facilitate public comment on the laws, regulations, policies, and actions; and

(6) Make an annual written report, documenting the types of complaints and problems reported by service recipients and others on their behalf and include recommendations concerning needed policy, regulatory, and legislative changes. The annual report shall be submitted to the Governor and General Assembly and other appropriate agencies and organizations and made available to the public.
37-2-34.

Pursuant to policies and procedures established by the state ombudsman, each community ombudsman shall:

(1) Learn about the general conditions affecting service recipients and work for the best interest of these service recipients;

(2) Receive, investigate, and attempt to resolve complaints made by or on behalf of service recipients;

(3) Collect data about the number and types of complaints handled; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(4) Report regularly to the state ombudsman about the data collected and the activities of the community ombudsmen.
37-2-35.

(a) The state ombudsman or a community ombudsman, on his or her initiative or in response to complaints made by or on behalf of service recipients, may conduct investigations in matters within his or her powers and duties as provided by this article.

(b) The state ombudsman or a community ombudsman shall have the authority to enter any facility, premises, or property where disability services are provided and shall use his or her best efforts to enter such f::tcility, premises, or property during normal business hours. Upon entering such facility, premises, or property, the ombudsman shall notify the administrator or, in the absence of the administrator, the person in charge of such facility, premises, or property, before speaking to any service recipient. Mter notifying the administrator or the person in charge of such facility, premises, or property, the ombudsman may communicate privately and confidentially with service recipients in such facility, premises, or pmperty, individually or in groups. The ombudsman shall have access to the medical, social, and disability records of any service recipient if:

(1) The ombudsman has the permission of the service recipient or the legal representative or guardian of the service recipient;

(2) The service recipient is unable to consent to the review and has no legal representative or guardian; or

(3) There is a guardian of the person of the service recipient and that guardian refuses to permit access to the records necessary to investigate a complaint, and:

(A) There is reasonable cause to believe that the guardian is not acting in the best interest of the service recipient; and
(B) A community ombudsman obtains the approval of the state ombudsman.
As used in this Code section, the term 'legal representative' means an agent under a valid power of attorney, provided that the agent is acting within the scope of his or her agency; an agent under a durable power of attorney for health care; or an executor, executrix, administrator, or administratrix of the estate of a deceased service recipient. The ombudsman shall have the authority to inspect the physical plant and have access to the administrative records, policies, and documents of the facility, premises, or property to which the service recipients have or the general public has access. Entry

GEORGIA lAWS 2000 SESSION

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and investigation as provided by this Code section shall be conducted in a manner which will not significantly disrupt the provision of disability services to service recipients.

(c) The state ombudsman or community ombudsman shall identify himself or herself as such to the service recipient, and the service recipient shall have the right to communicate or refuse to communicate with the ombudsman.

(d) The service recipient or the service recipient's legal representative shall have the right to participate in planning any course of action to be taken on the service recipient's behalf by the state ombudsman or community ombudsman, and the service recipient or such representative shall have the right to approve or disapprove any proposed action to be taken on the service recipient's behalf by such ombudsman.

(e) The state ombudsman or community ombudsman shall have the authority to obtain from any governmental agency or services provider which receives state funds for disability services, and such agency or provider shall provide cooperation and assistance, services, data, and access to, such files and records as will enable the ombudsman properly to perform his or her duties and exercise his or her powers, provided that such information is not privileged under any law.

(f) Where the subject of the investigation involves suspected abuse, neglect, or exploitation of a service recipient by his or her guardian, the state ombudsman or community ombudsman shall have the authority to communicate with the service recipient in a private and confidential setting notwithstanding any objection by the guardian to such meeting and communication.

(g) The state ombudsman shall advise the service recipient of the need for adequate legal counsel as well as consultation needed to protect the health, safety, welfare, and rights of the service recipient.

37-2-36.

(a) Following an investigation, the state ombudsman or community ombudsman may report his or her opinions or recommendations to the party or parties affected thereby and shall attempt to resolve the complaint using, whenever possible, informal techniques of mediation, conciliation, and persuasion. With respect to a complaint against the services provider, the ombudsman may first notify the administrator or person in charge of that provider in writing and give such person a reasonable opportunity to correct any alleged defect. If so notified and the administrator or person in charge fails to take corrective action after a reasonable amount of time or if

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GENERAL ACTS AND RESOLUTIONS, VOL. I

the defect seriously threatens the safety or well-being of any service reCipient, the state ombudsman or community ombudsman may refer the complaint to the appropriate regional board and any other appropriate agency.
(b) Complaints or conditions adversely affecting service recipients which cannot be resolved in the manner described in subsection (a) of this Code section shall, whenever possible, be referred by the state ombudsman or community ombudsman to the appropriate regional board and any other appropriate agency.
(c) A community ombudsman shall not disclose to the public, either directly or indirectly, the identity of any services provider which is the subject of an investigation unless and until the matter has been reviewed by the office of the state ombudsman and the matter has been referred to the appropriate regional board and any other appropriate governmental agency for action.
37-2-37.
Any person who has reasonable cause to believe that a service reCipient is being or has been abused, neglected, exploited, or abandoned or is in a condition which is the result of abuse, neglect, exploitation, or abandonment, or is being denied disability services for which such service recipient is eligible may report such information or cause a report to be made in any reasonable manner to the state ombudsman or community ombudsman, if any.
37-2-38.

The identity of any complainant, service recipient on whose behalf a complaint is made, or individual providing information on behalf of the service recipient or complainant relevant to the investigation of a complaint shall be confidential and may be disclosed only with the express permission of such person. The information produced by an investigation may be disclosed by the state ombudsman or community ombudsman only if the identity of any such person is not disclosed by name or inference. If the identity of any such person is disclosed by name or inference in such information, the information may be disclosed only with his or her express permission. If the complaint becomes the subject of a judicial proceeding, such investigative information may be disclosed for the purpose of the proceeding.
37-2-39.
The state ombudsman shall prepare and distribute to each services provider in the state and regional board in which the program is operated a written notice describing the program and the procedure to follow in making a complaint, including the address and telephone number of the state ombudsman and community ombudsman. The administrator or person in

GEORGIA lAWS 2000 SESSION

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charge of such provider shall give the written notice required by this Code section to each service recipient who receives disability services from such provider and his or her legally appointed guardian, if any, upon first providing such services. The administrator or person in charge shall also post such written notice in conspicuous public places in the facility, premises, or property in which disability services are provided in accordance with procedures provided by the state ombudsman and shall give such notice to any service recipient and his or her legally appointed guardian, if any, who did not receive it upon the service recipient's first receiving disability services. The failure to provide the notices required by this Code section shall be a ground upon which the director of the division may impose the civil penalty authorized by paragraph (2) of subsection (c) of Code Section 37-2-40 under the conditions specified in subsection (d) of Code Section 37-2-40.

37-2-40.

(a) No person shall discriminate or retaliate in any manner against any service recipient or relative or guardian of a service recipient, any employee of a services provider, or any other person because of the making of a complaint or the providing of information in good faith to the state ombudsman or community ombudsman. No person shall willfully interfere with the state ombudsman or community ombudsman in the performance of his or her official duties.

(b) A member of a regional board or community service board who violates subsection (a) of this Code section shall be subject to permanent removal from such board by the director of the division.

(c) A services provider which violates subsection (a) of this Code section shall be subject to one or more of the following sanctions which may be imposed by the director of the division:

(1) The termination of any contract for which state funds are received for the provision of disability services if such contract was executed on or after the date this article becomes effective;

(2) The payment of a civil penalty not to exceed $5,000.00 for each violation; or

(3) Having to suspend without pay for a period of at least two months or terminate any employee of such provider determined to have committed the violation.

(d) An action against a member of a regional board, community service board, or services provider under this Code section shall be a contested case within Article 1 of Chapter 13 of Title 50, relating to administrative procedure.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

37-2-41.

Notwithstanding any other provlSlon of law, no person providing information, including but not limited to service recipient records, to the state ombudsman or community ombudsman shall be held, by reason of having provided such information, to have violated any criminal law or to be civilly liable under any law unless such information is false and the person providing such information knew or had reason to believe that it was false.

37-2-42.

Any person who, in good faith, makes a complaint or provides information as authorized in this article shall incur no civil or criminal liability therefor. Any state or community ombudsman who, in good faith, performs his or her official duties, including but not limited to making a statement or communication relevant to a complaint received or an investigative activity conducted pursuant to this article, shall incur no civil or criminal liability therefor.

37-2-43.

Nothing in this article shall be construed to limit the power of the department to investigate complaints where otherwise authorized by law.

37-2-44.

The state ombudsman shall promulgate rules and regulations to implement this article."

SECTION 2.

Said chapter is further amended by striking subsection (b.2) of Code Section 37-2-5, relating to policy duties of regional boards, and inserting in its place the following:

"(b.2) (I) A person shall not be eligible to be appointed to or serve on a community service board if such person is:

(A) A member of the regional board which serves the region in which that community service board is included; or

(B) An employee of that community service board or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from that community service board.

(2) A person shall not be eligible to be appointed to or serve on a community service board if such person's spouse, parent, child, or sibling is a member of that community service board or a member, employee, or board member specified in subparagraph (A) or (B) of paragraph (1) of this subsection. With respect to appointments by the same county gov-

GEORGIA LAWS 2000 SESSION

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erning authority, no person who has served a full term or more on a community service board may be appointed to a regional board until a period of at least two years have passed since the time such person served on the community service board, and no person who has served a full term or more on a regional board may be appointed to a community service board until a period of at least two years have passed since the time such person served on the regional board."
SECTION 3.

Section 1 of this Act shall become effective only if funds are specifically appropriated for the purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure. The remaining provisions of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.
SECTION 4.

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

Approved April 19, 2000.

MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS SEARCH AND RESCUE DOG TEAMS.
Code Section 38-3-36 Amended.
No. 646 (House Bill No. 1311).
AN ACT
To amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the organization and administration of the Georgia Emergency Management Agency, so as to proVide for the licensing of nongovernmental search and rescue dog teams; to prohibit the performance of any rescue or emergency management activity by such nongovernmental search and rescue dog teams unless licensed; to provide for a registry of governmental and nongovernmental search and rescue dog teams; to require certain information to be provided to the Georgia Emergency Management Agency; to authorize the director of emergency management to provide for training and licensing standards by rules and regulations; 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 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the organization and administration of the Georgia Emergency Management Agency, is amended by striking in its entirety Code Section 38-336, relating to director's authority to license nongovernmental rescue organizations, and inserting in its place a new Code Section 38-3-36 to read as follows:

"38-3-36.

(a) Except as otherwise provided by subsection (b) of this Code section, all nongovernmental rescue organizations, associations, groups, teams, search and rescue dog teams, or individuals, whether or not they are holders of a charter issued by this state or officers thereof, shall be prohibited from performing any rescue or emergency management type activity until the organization, association, group, team, search and rescue dog team, or individual has been licensed by the director of emergency management to perform the activities. It is expressly declared that Articles 1 through 3 of this chapter shall not amend, repeal, alter, or affect in any manner Code Section 51-1-29.

(b) Any marine rescue squadron sponsored by and operating under the direction and control of the sheriff of the county of residence of the squadron and chartered as a Marine Rescue Squadron of America, which was so chartered on January 1, 1960, or prior to that date, and which performs only water or boat safety rescue missions within this state, shall be deemed to be a governmental rescue organization within the meaning of subsection (a) of this Code section and need not be licensed by the director of emergency management as provided in the subsection.

(c) The director of emergency management shall promulgate rules and regulations for training and licensing standards for private search and rescue dog teams. The director shall maintain a registry of public and private search and rescue dog teams operating within the state. Any public or private organization which provides rescue services in this state utilizing search and rescue dog teams shall register with the director the name and address of the organization, a 24 hour telephone number to be used for contact during emergencies, the counties in which the search and rescue dog teams provide service, the types of specialized search and rescue dog teams which are available, and such other information as the director may require by rule and regulation."

SECTION 2. This bill shall become effective January 1, 2001.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 2000.

REVENUE AND TAXATION- INCOME TAX; CREDIT FOR CERTAIN DRIVER EDUCATION EXPENSES.
Code Section 48-7-29.4 Enacted.
No. 647 (House Bill No. 1532).
AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide an income tax credit for expenses of private driver education for minor dependent children of taxpayers; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding immediately following Code Section 48-7-29.3 a new Code section to be designated Code Section 48-7-29.4 to read as follows:
"48-7-29.4.
(a) A taxpayer shall be allowed a credit against the tax imposed by Code Section 48-7-20 with respect to the amount expended by such taxpayer for a completed course of driver education for a dependent minor child of such taxpayer at a private driver training school licensed by the Department of Public Safety under Chapter 13 of Title 43, 'The Driver Training School License Act,' except as otherwise provided by this Code section. The amount of such tax credit per dependent minor child of a taxpayer shall be the actual amount expended for such course, or $150.00, whichever is less.
(b) (1) The tax credit provided by this Code section shall be allowed not more than once for each dependent minor child of a taxpayer.
(2) In no event shall the aggregate amount of the tax credit provided by this Code section exceed the taxpayer's income tax liability.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) No credit shall be allowed under this Code section with respect to any driver education expenses either deducted or subtracted by the taxpayer in arriving at Georgia taxable net income or with respect to any driver education expenses for which amounts were excluded from Georgia net taxable income.

(d) No credit shall be allowed under this Code section unless the taxpayer submits with the claim for such credit written proof of the successful completion of the course of driver education by the dependent minor child and the amount expended by the taxpayer for such course.

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

SECTION 2.

This Act shall become effective on January 1, 2001, and shall be applicable to all taxable years beginning on or after January 1, 2001.

SECTION 3.

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

Approved April 19, 2000.

BUILDINGS AND HOUSING - CODES; STATE MINIMUM STANDARDS; LOCAL AMENDMENTS; VIOLATIONS INSPECTIONS AND INSPECTORS.
Code Sections 8-2-25 and 8-2-26 Amended. Code Section 8-2-26.1 Enacted.
No. 648 (House Bill No. 150).
AN ACT
To amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, so as to require counties and municipalities to notify permit holders of the existence of local amendments to state minimum standard codes at the time building permits are issued; to require local inspectors to cite with particularity the basis for violations of building codes when so requested by a permit holder; to define certain terms; to require the governing authority of a municipality or county which has adopted provisions for the enforcement of the state minimum standard codes to post a notice stating whether the local inspectors possess certain qualifications; to provide for the contents of such notice; to provide that persons possessing certain qualifications may conduct inspections to determine code compliance if the municipal or county inspectors do not possess such qualifications; to provide for the extent of such inspections; to

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provide for requirements relative to permit fees and other charges; to provide for the effect of such inspections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, is amended in subsection (c) of Code Section 8-2-25, relating to the state-wide application of minimum standard codes and the adoption of amendments to such codes by local governments, by adding at the end thereof a new paragraph (7) to read as follows:

"(7) At the time of issuing a building permit, the issuing county or municipality shall notify the holder of the permit of any local amendments to the state minimum standard codes which are in effect for that county or municipality and that any such amendments are on file with the department. A county or municipality may satisfy this notice requirement by posting or providing a summary of the topic of such local amendment or amendments and the address and telephone number of the department."

SECTION 2.

Said part is further amended in Code Section 8-2-26, relating to the enforcement of state building codes, by adding at the end thereof a new subsection (f) to read as follows:

"(f) A local inspector, including a fire service employee enforcing a state or local fire safety standard, who specifies a code violation noted during an inspection shall, upon the written request of the permit holder, cite in writing the particular code book, section, and edition of the code which is the basis of the violation."

SECTION 3.

Said part is further amended by adding a new Code section, to be designated as Code Section 8-2-26.1, to read as follows:

"8-2-26.1.

(a) As used in this Code section, the term:

(1) 'CABO' means the Council of American Building Officials.

(2) 'Qualified inspector' means:

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(A) A person inspecting for compliance with the Standard Building Code or the building portion of the CABO One- and Two-Family Dwelling Code who holds a certification from the SBCCI as a building inspector;
(B) A person inspecting for the compliance of residential buildings with the National Electrical Code or the electrical portion of the CABO One- and Two-Family Dwelling Code who holds a certification from the SBCCI as a residential electrical inspector or an electrical contractor license from the State Construction Industry Licensing Board;

(C) A person inspecting for the compliance of nonresidential buildings with the National Electrical Code who holds a certification from the SBCCI as a commercial electrical inspector or an electrical contractor license from the State Construction Industry Licensing Board;
(D) A person inspecting for compliance with the Standard Gas Code who holds a certification from the SBCCI as a mechanical inspector or plumbing inspector or a conditioned air contractor, journeyman plumber, or master plumber license from the State Construction Industry Licensing Board;
(E) A person inspecting for compliance with the Standard Mechanical Code or the mechanical portion of the CABO One- and Two-Family Dwelling Code who holds a certification from the SBCCI as a mechanical inspector or a conditioned air contractor license from the State Construction Industry Licensing Board;
(F) A person inspecting for compliance with the Georgia State Plumbing Code, the Standard Plumbing Code, or the plumbing portion of the CABO One- and Two-Family Dwelling Code who holds a certification from the SBCCI as a plumbing inspector or a journeyman plumber or master plumber license from the State Construction Industry Licensing Board;
(G) A person inspecting for compliance any portion of the CABO Oneand Two-Family Dwelling Code who holds a certification from the SBCCI as a one and two-family dwelling inspector;
(H) A person inspecting for compliance with the Georgia State Energy Code for Buildings who has completed eight hours of training that is conducted or approved by the department; or

(I) A person inspecting for compliance with any of the codes listed in subparagraphs (A) through (H) of this paragraph who holds a certificate of registration as a professional engineer issued under Chapter 15 of Title 43 and is practicing within the scope of his or her branch of engineering expertise while conducting such inspection.

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(3) 'SBCCI' means the Southern Building Code Congress International.

(4) 'State Construction Industry Licensing Board' means that board created pursuant to Code Section 43-14-3.

(b) The governing authority of any municipality or county which has adopted provisions for the enforcement of the state minimum standard codes shall post a notice stating whether the personnel employed by that governing authority to conduct inspections for compliance with such codes are qualified inspectors. Such notice shall &eparately address each minimum standard code enumerated in subdivisions (9) (B) (i) (I) through (9) (B) (i) (VII) of Code Section 8-2-20 and the building, electrical, mechanical, and plumbing portions of the CABO One- and Two-Family Dwelling Code, and state whether all personnel assigned to conduct inspections for the particular code or portion of the code are qualified inspectors for that code or portion of the code.

(c) If such notice states that not all personnel assigned to conduct inspections for a particular state minimum standard code or portion of such code are qualified inspectors for that code or portion of the code, then the governing authority may retain qualified inspectors not employed by the governing authority to conduct inspections. If the governing authority does not so retain qualified inspectors, then any person, firm, or corporation engaged in a construction project which requires inspection shall have the option of retaining, at its own expense, a person who is a qualified inspector for that code or portion of the code and who is not an employee of or otherwise affiliated with or financially interested in such person, firm, or corporation to provide the required inspection.

(d) The person, firm, or corporation retaining a qualified inspector to conduct an inspection pursuant to this Code section shall be required to pay to the county or municipality which requires the inspection the same permit fees and charges which would have been required had the inspection been conducted by a county or municipal inspector.

(e) A qualified inspector retained pursuant to this Code section shall be empowered to perform any inspection required by the governing authority of any county or municipality, including but not limited to inspections for footings, foundations, concrete slabs, framing, electrical, plumbing, heating ventilation and air conditioning (HVAC), or any and all other inspections necessary or required for the issuance of a certificate of occupancy by the governing authority of any county or municipality; provided, however, that the qualified inspector must possess the qualifications described in paragraph (2) of subsection (a) of this Code section for the particular type of inspection. Any inspection conducted pursuant to this Code section shall be no less extensive than an inspection conducted by a county or municipal inspector.

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(f) Upon submission by the qualified inspector of a copy of his or her inspection report to the local governing authority, said local governing authority shall be required to accept the inspection of the qualified inspector without the necessity of further inspection or approval by the inspectors or other personnel employed by the local governing authority unless said governing authority has notified the qualified inspector, within two business days after the submission of the inspection report, that it finds the report incomplete or the inspection inadequate and has provided the qualified inspector with a written description of the deficiencies and specific code requirements that have not been adequately addressed.
(g) Nothing in this Code section shall be construed to apply to inspections for compliance with a state or local fire safety standard or erosion control standard.
(h) Nothing in this Code section shall be construed to limit any public or private right of action designed to provide protection, rights, or remedies for consumers."
SECTION 4.
This Act shall become effective on July 1, 2000.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
Approved April 19, 2000.

BUILDINGS AND HOUSING - CODE COMPLIANCE INSPECTIONS; REGISTERED PROFESSIONAL ENGINEERS.
Code Section 8-2-26 Amended.
No. 649 (House Bill No. 151).
AN ACT
To amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard codes applicable to construction, so as to provide that registered professional engineers may conduct inspections to determine code compliance if the governing authority of a county or municipality cannot provide inspection services within two business days following a valid written request; to provide for the extent of such inspections; to provide for requirements relative to permit fees and other charges; to provide for the filing of inspection reports; to provide for the effect of such inspections; to authorize local governing authorities to impose prequalification

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requirements on registered professional engineers who conduct inspections; 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 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard codes applicable to construction, is amended by adding at the end thereof a new subsection (f) to read as follows:

"(f) (1) If a governing authority of a county or municipality cannot provide inspection services within two business days of receiving a valid written request for inspection, then, in lieu of inspection by inspectors or other personnel employed by such governing authority, any person, firm, or corporation engaged in a construction project which requires inspection shall have the option of retaining, at its own expense, a professional engineer who holds a certificate of registration issued under Chapter 15 of Title 43, and who is not an employee of or otherwise affiliated with or financially interested in such person, firm, or corporation, to provide the required inspection.

(2) Any inspection conducted by a registered professional engineer shall be no less extensive than an inspection conducted by a county or municipal inspector.

(3) The person, firm, or corporation retaining a registered professional engineer to conduct an inspection shall be required to pay to the county or municipality which requires the inspection the same permit fees and charges which would have been required had the inspection been conducted by a county or municipal inspector.

(4) The registered professional engineer shall be empowered to perform any inspection required by the governing authority of any county or municipality, including, but not limited to, inspections for footings, foundations, concrete slabs, framing, electrical, plumbing, heating ventilation and air conditioning (HVAC), or any and all other inspections necessary or required for the issuance of a certificate of occupancy by the governing authority of any county or municipality, provided that the inspection is within the scope of such engineer's branch of engineering expertise.

(5) The registered professional engineer shall submit a copy of his or her inspection report to the county or municipality.

(6) Upon submission by the registered professional engineer of a copy of his or her inspection report to the local governing authority, said local governing authority shall be required to accept the inspection of the registered professional engineer without the necessity of further inspection or

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approval by the inspectors or other personnel employed by the local governing authority unless said governing authority has notified the registered professional engineer, within two business days after the submission of the inspection report, that it finds the report incomplete or the inspection inadequate and has provided the registered professional engineer with a written description of the deficiencies and specific code requirements that have not been adequately addressed.

(7) A local governing authority may provide for the prequalification of registered professional engineers who may perform inspections pursuant to this subsection. No ordinance implementing prequalification shall become effective until notice of the governing authority's intent to require prequalification and the specific requirements for prequalification have been advertised in the newspaper in which the sheriff's advertisements for that locality are published. The ordinance implementing prequalification shall provide for evaluation of the qualifications of a registered professional engineer on the basis of the engineer's expertise with respect to the objectives of the inspection, as demonstrated by the engineer's experience, education, and training.

(8) Nothing in this subsection shall be construed to limit any public or private right of action designed to provide protection, rights, or remedies for consumers."

SECTION 2.

This Act shall become effective on July 1, 2000.

SECTION 3.

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

Approved April 19, 2000.

CONSERVATION AND NATURAL RESOURCES - DROUGHT PROTECTION; FLINT RIVER BASIN; FLORIDAN AQUIFER;
IRRIGATION WELLS.
Code Title 12, Chapter 5, Article 9 Enacted. Code Sections 12-5-134 and 50-23-5 Amended.
No. 650 (House Bill No. 1362).
AN ACT
To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to enact the "Flint River Drought Protection Act"; to define certain terms; to provide that the Board of Natural Resources

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shall establish a drought protection program for the Flint River basin; to provide that the board may contract with the Georgia Environmental Facilities Authority; to provide that the director of the Environmental Protection Division of the Department of Natural Resources shall each year predict whether drought conditions are likely in the Flint River basin; to provide for an irrigation reduction auction; to provide that certain persons holding water withdrawal permits may offer to cease irrigating a number of acres in exchange for a certain sum of money; to provide for the acceptance of bids; to provide for an order requiring certain permit holders to cease or reduce irrigation; to provide for compensation; to provide for investigations; to provide for enforcement; to provide for matters relative to the foregoing; to change certain well water standards as they relate to irrigation wells; to amend Code Section 50-235 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Environmental Facilities Authority, so as to provide that such authority may contract with the Board of Natural Resources for certain 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 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by inserting at the end thereof the following:

"ARTICLE 9

12-5-540.

This article shall be known and may be cited as the 'Flint River Drought Protection Act.'

12-5-541.

(a) The General Assembly declares its intent and the public policy of this state that the state plans, regulates, and controls the withdrawal and the use of the waters of the state under the laws of Georgia to protect the public health, safety, and welfare; and the granting of any water withdrawal permit allows the permittee to use the water solely for the stated purposes described in the permit so long as such use is consistent with the public welfare of the state and upon such conditions as the state may prescribe. This declaration of intent shall also apply to all aspects of this article.

(b) The General Assembly finds that the use of water resources for the state for agricultural purposes is of vital importance to Georgia and southwest Georgia in particular; the protection of the Flint River flow is necessary for a healthy riverine ecosystem and a healthy population of aquatic life; the use of water resources during drought conditions may interfere with public and private rights; the economic well-being of the State of Georgia is dependent on a strong and efficient agricultural industry; the wise use of water, the

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protection of stream flow, and the economic well-being of the state will be furthered by proper water allocation in periods of drought; and a program providing incentives to ensure that certain irrigated lands are temporarily not irrigated during severe droughts will promote the wise use of water resources, the protection of stream flows, and the economic well-being of the state.
(c) The General Assembly declares its intent to fund the execution of the public policy set forth in subsection (b) of this Code section by and through the authority with appropriated funds for the purposes of this article, grants, and other sources of revenue. The General Assembly intends for the total maximum balance of the unexpended drought protection funds during any fiscal year not to exceed $30 million. In the event the total balance of unexpended drought protection funds at the end of a fiscal year is less than $5 million, it is the intent of the General Assembly that the total balance of unexpended drought protection funds be replenished to at least $10 million at the earliest possible time. Appropriation of funds for inclusion in and as part of the drought protection funds shall be deemed consistent with this declaration of legislative intent.
12-5-542.

As used in this article, the term:
(1) 'Acceptable Flint River stream flow' means the quantity of stream flows at one or more specific locations on the Flint River which provides for aquatic life protection and other needs as established by the director, based on municipal, agricultural, industrial, and environmental needs.

(2) 'Mfected area' means that portion of the state lying within the Flint River basin and areas where ground-water use from the Floridan aquifer can affect the stream flow in the Flint River or its tributaries.
(3) 'Authority' means the Georgia Environmental Facilities Authority created by Chapter 23 of Title 50.
(4) 'Board' means the Board of Natural Resources.

(5) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources.

(6) 'Division' means the Environmental Protection Division of the Department of Natural Resources.
(7) 'Drought conditions' means any condition which results in a stream flow that is lower than the acceptable Flint River stream flow.

(8) 'Drought protection funds' means the funds held by the authority as provided in Code Section 12-5-545 for the accomplishment of the purposes of this article.

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(9) 'Flint River basin' means the area of land which drains into the Flint River or its tributaries.

(10) 'Floridan aquifer' means those rocks and sediments described in United States Geological Survey Open-File Report 95-321 (1996) that are capable of yielding ground water to wells or discharging water into the Flint River or its tributaries.

(11) 'Irrigated land' means farm land which is irrigated by ground water or surface water pursuant to a water withdrawal permit issued by the director pursuant to Code Section 12-5-31 or 12-5-96.

(12) 'Irrigation reduction auction' means the procedure established by subsection (b) of Code Section 12-5-546 pursuant to which permittees submit offers to cease irrigation of a specified number of acres in exchange for a certain sum of money.

(13) 'Permittee' means a person holding a valid permit issued before December 1, 2000, pursuant to Code Section 12-5-31 or 12-5-96.

(14) 'Stream flow' means the quantity of water passing a given location of the Flint River over a given time period expressed in cubic feet per second.

12-5-543.
(a) The board is authorized and directed to establish by rule and regulation for a drought abatement program for the Flint River basin in accordance with this article.

(b) In the performance of its duties, the board shall have and may exercise the power to adopt, promulgate, modifY, amend, and repeal rules and regulations to implement and enforce the provisions of this article as the board may deem necessary. The rules and regulations may include, but shall not be limited to, the following:

(1) Prescribing eligibility requirements for permittees of irrigation systems located in the affected areas to receive payments from the drought protection funds in accordance with Code Section 12-5-546. Such eligibility requirements shall include, without limitation, the following requirements:

(A) The permittee must have applied to the division for a surface-water or ground-water withdrawal permit prior to December 1, 1999, and must have received a surface-water or ground-water withdrawal permit from the division prior to December 1, 2000; provided, however, that, if the director fails to act on a permit application by December 1, 2000, the time for receipt of a permit shall be extended until such time as the director makes a decision on the application. If the director's decision is

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to deny the permit and that decision is reversed on appeal, the date of receipt of a permit shall be deemed to be the date of the director's decision; and
(B) The permittee must have demonstrated, in a manner to be defined by the director, actual previous irrigation by the permitted irrigation system on the same acres of land which the permittee agrees not to irrigate in a given year;

(2) Establishing documentation requirements for nonuse of an irrigation system pursuant to an agreement entered into pursuant to Code Section 12-5-546 or an order issued by the director in accordance with Code Section 12-5-547;

(3) Establishing rules and procedures to be followed in connection with the irrigation reduction auction conducted pursuant to subsection (b) of Code Section 12-5-546;

(4) Establishing rules and procedures to be followed in connection with payments to permittees from the drought protection funds pursuant to Code Section 12-5-547; or

(5) Establishing rules and procedures for the conduct of meetings and hearings.

(c) Any rules and regulations promulgated by the board shall be submitted by the board to the Speaker of the House of Representatives and the President of the Senate for distribution to the members of the General Assembly at the next regular session and shall become effective upon the expiration of that session unless during that session a resolution disapproving such regulations shall have been adopted by both houses.

12-5-544.

In the performance of his or her duties, the director shall have and may exercise the power to:

(1) Exercise general supervision over the enforcement of this article and all rules, regulations, and orders promulgated pursuant to this article;

(2) Establish acceptable Flint River stream flows at one or more locations;

(3) Establish those geographical areas in or adjacent to the lower Flint River basin where the division's studies indicate that ground-water use from the Floridan aquifer may affect stream flow in the Flint River or its tributaries;

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(4) Predict or declare when severe drought conditions exist or are expected to exist during a given year based on historical, mathematical, meteorological, or other scientific considerations which may be published by the director and which may be developed in consultation with the state climatologist, the state geologist, or other appropriate experts;

(5) Establish criteria necessary to prove actual previous irrigation of lands for which a permittee seeks payment from drought protection funds;

(6) Make investigations and inspections to ensure compliance with this article, the rules and regulations issued pursuant to this article, and any agreement or order that the division or director enters into or issues pursuant to this article;

(7) Institute, in the name of the division, proceedings of mandamus, injunction, or other proper administrative or civil proceedings to enforce this article, the rules and regulations promulgated under this article, or any agreements or orders entered into or issued under this article;
(8) Contract with the authority for implementing and carrying out, in whole or in part, the purposes of a drought abatement program for the Flint River basin in accordance with this article and direct the authority to make expenditures from the drought protection funds in accordance with this article;

(9) Receive and collect all repayment penalties paid pursuant to this article and to transfer same to the authority for inclusion in the drought protection funds;

(10) Encourage voluntary cooperation by persons and affected groups to achieve the purposes of this article; and

(11) Perform any and all acts and exercise all incidental powers necessary to carry out the purposes and requirements of this article.

12-5-545.

The authority shall administer the drought protection funds provided to it for purposes of this article and shall make expenditures from said funds in accordance with and at the direction of the director pursuant to Code Sections 12-5-546 and 12-5-547. With the prior consent and approval of the director, the authority is authorized to expend a portion of the drought protection funds for incidental costs and expenses reasonably incurred by the authority in connection with its administration of the drought protection funds for such things as postage, office supplies, and prorated salaries and wages of personnel assigned the tasks associated with management of the drought protection funds. The authority is further authorized and directed to invest the unexpended balance of the drought protection funds in the same manner as other funds under its control. Any interest or other reve-

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nues earned on the principal of the drought protection funds shall be added to the unexpended balance of the drought protection funds and become a part thereof. Upon request of the director, the authority shall provide such accounting information to the director as may be reasonably necessary for the director to perform his or her duties and functions pursuant to this article. All moneys deposited in the drought protection funds shall be deemed to be contractually obligated and shall not lapse to the general fund.

12-5-546.

(a) On or before March 1 of each year, the division will issue a prediction as to whether severe drought conditions are expected during the year.

(b) If severe drought conditions are predicted or otherwise declared in accordance with subsection (a) of this Code section, the division will determine the total number of acres of irrigated land, serviced by irrigation systems located within one or more of the affected areas, that must not be irrigated that year in order to maintain the acceptable Flint River stream flow. Upon such determination, the division shall conduct an irrigation reduction auction whereby a permittee of an irrigation system located within the affected areas is given an opportunity to enter into an agreement with the division, agreeing that in exchange for a certain sum of money per acre of irrigated land serviced by the irrigation system, the permittee will not irrigate those particular acres for the remainder of that calendar year. The authority shall pay the sum so agreed upon when so directed by the director from the unexpended balance of the drought protection funds. In conducting the irrigation reduction auction, the division may establish a maximum dollar amount per acre to be expended from the drought protection funds for such purposes.

(c) An agreement entered into in accordance with subsection (b) of this Code section shall be upon such terms and conditions as the division may deem necessary. The agreement shall provide for payment of the agreed upon sum within 30 days of the date of execution of the agreement by the parties. Failure of a permittee to comply with all terms of the agreement for the duration thereof shall be deemed a violation of such agreement and this article and shall be subject to enforcement by the director as provided in this article.

(d) A permittee who enters into an agreement in accordance with subsection (b) of this Code section shall not irrigate during the period covered by the agreement on those acres that the owner has agreed not to irrigate. If the permittee irrigates said acres during the period covered by the agreement, such action shall be deemed a violation of the agreement and this article and shall be subject to a penalty as determined by the director as provided in this article.

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(e) The expenditure of funds under this article as an incentive to permittees not to irrigate lands is deemed by the legislature as a valid use of state moneys to promote valid land use policies that result in the protection of the riverine environment by ensuring that such lands not be irrigated for specified periods of time. No expenditure of funds under this article shall be considered a lease or repurchase of any irrigation permit issued by the director, nor shall it be considered an acknowledgement by the State of Georgia of a property right in any permit issued by the director.

12-5-547.

If the director determines that the total number of nonirrigated acres needed during a given year cannot be sufficiently obtained through the irrigation reduction auction held in accordance with Code Section 12-5-546, the director is authorized to issue an order, in accordance with rules adopted by the board, requiring certain permittees not to irrigate a specified number of acres of irrigated land until the end of the calendar year. When issuing such orders, the director shall begin with the permittees whose withdrawal permits were issued most recently and then work chronologically backward with each order issued. A permittee who is issued such an order shall be compensated for such restriction if such permittee applied to the division for a surface-water or ground-water withdrawal permit prior to December 1, 1999, received a surface-water or ground-water withdrawal permit from the division prior to December 1, 2000, and is able to demonstrate actual previous irrigation on the same acres of land which the owner has been ordered not to irrigate. The per acre dollar amount received by a permittee pursuant to this Code section shall be equal to the average agreed upon sum per acre paid pursuant to the irrigation reduction auction during the same year.

12-5-548.

(a) The division shall have the right, in accordance with rules adopted by the board, to conduct such investigations and inspections as may reasonably be necessary to carry out its duties prescribed in this article and to ensure compliance with this article, the rules and regulations issued pursuant to this article, and any agreement or order that the division or director enters into or issues pursuant to this article. For these purposes, the division shall have the right to enter at reasonable times any property, public or private, and conduct such investigations or inspections.

(b) No person shall refuse entry or access to any authorized representative of the division who requests entry for the purposes of a lawful inspection and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out his or her official duties consistent with the provisions of this article.

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12-5-549.

(a) Except as may otherwise be provided in Code Section 12-5-547, whenever the director has reason to believe that a violation of any provision of this article or any rule or regulation adopted pursuant to this article has occurred, he or she shall attempt to obtain compliance therewith by conference, conciliation, or persuasion, if the making of such an attempt is appropriate under the circumstances. If he or she fails to obtain compliance in this manner, the director may order the violator to take whatever corrective action the director deems necessary in order to obtain such compliance within a period of time to be prescribed in such order.

(b) Except as may otherwise be provided in Code Section 12-5-547, any order issued by the director under this article ~hall become final unless the person or persons named therein file with the director a written request for a hearing within 30 days after such order or permit is served on such person or persons.

(c) Except as may otherwise be provided in Code Section 12-5-547, hearings on contested matters and judicial review of final orders and other enforcement actions under this article shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2.

(d) The director may file in the superior court of the county wherein the person under order resides, or if the person is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred or in which jurisdiction is appropriate, a certified copy of a final order of the director unappealed from or a final order of the director affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though the judgment had been rendered in an action duly heard and determined by such court.

(e) For purposes of this Code section, a violation of an agreement entered into in accordance with Code Section 12-5-546 or an order issued by the director in accordance with Code Section 12-5-547 shall be prima facie established upon a showing that:

(1) During the effective period of the agreement or order, the irrigation system was observed in person or via remote sensing or otherwise established by representatives of the division or others to have been operating and disbursing water; or

(2) During the effective period of the agreement or order, a seal, lock, or other device placed by the division on the system to prevent operation of the system has been broken or otherwise tampered with.

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12-5-550.
(a) A repayment penalty in the amount of three times the dollar amount of payments received from the drought protection funds shall be paid by any person who irrigates in violation of an agreement entered into in accordance with Code Section 12-5-546 or in violation of an order issued by the director in accordance with Code Section 12-5-547. Such penalties shall be assessed on a per violation basis. A violation shall be deemed to have occurred each time a person irrigates in violation of an agreement or order.

(b) Within 30 days after discovery that a permittee violated an agreement entered into pursuant to Code Section 12-5-546 or an order issued by the director in accordance with Code Section 12-5-547, the director shall send via certified mail a notice of violation to the permittee stating:
(1) The date on which the violation occurred;
(2) The facts constituting the violation and a statement that such facts will be deemed admitted unless denied by petition for hearing; and

(3) The total dollar amount of repayment penalties owed by the permittee, together with a demand that said amount be paid in full within 30 days of the permittee's receipt of the notice.
(c) A permittee receiving a notice of violation pursuant to this Code section shall have 30 days from receipt thereof either to pay in full the total amount of repayment penalties set forth in the notice or to submit a petition challenging such notice to the director. If a petition is filed within the required time, then a hearing shall be conducted with respect to same in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations applicable thereto.
(d) If a permittee receiving a notice of violation pursuant to this Code section does not either pay the total amount of repayment penalties or submit a petition challenging the notice, then the facts set out in the notice shall be deemed admitted and the director shall issue an order to the permittee, assessing the total repayment penalties due from the permittee as set forth in the notice of violation and requiring payment of same within 30 days of issuance of the order. Any order issued by the director pursuant to this subsection shall be deemed final, and no hearing or appeal may be taken."
SECTION 2.
Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, is amended by striking in its entirety paragraph (3) of Code Section 12-5-134, relating to standards for wells and boreholes, and inserting the following:

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"(3) Irrigation wells shall be constructed in accordance with the standards established for individual and nonpublic wells except that the well does not require disinfection. The minimum depth of the grout seal shall be at least 20 feet below ground surface. Irrigation wells having casing of internal diameter of more than four inches and capable of producing 100,000 gallons of water per day or more shall be constructed only after the division has issued a letter of concurrence or a permit to the landowner;".

SECTION 3.

Code Section 50-23-5 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Environmental Facilities Authority, is amended by striking the word "and" at the end of paragraph (29) of subsection (b), by striking the symbol "." at the end of paragraph (30) of such subsection and inserting the symbol and word "; and", and by inserting at the end of such subsection the following:

"(31) To contract with the director of the Environmental Protection Division of the Department of Natural Resources for the implementation and operation, in whole or in part, of any drought protection program."

SECTION 4.

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

SECTION 5.

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

Approved April 19, 2000.

REVENUE AND TAXATION- SALES AND USE TAX; EXEMPTION FOR CERTAIN LIQUEFIED PETROLEUM GAS SALES.
Code Section 48-8-3 Amended.
No. 651 (House Bill No. 1236).
AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of liquefied petroleum gas or other fuel used in a structure in which broilers, pullets, or other poultry are raised; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1.

Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by striking paragraph (49) and inserting in its place a new paragraph (49) to read as follows:

"(49) Sales of liquefied petroleum gas or other fuel used in a structure in which broilers, pullets, or other poultry are raised;".

SECTION 2.

This Act shall become effective on July 1, 2000.

SECTION 3.

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

Approved April 19, 2000.

MOTOR VEHICLES AND TRAFFIC- DRIVER'S LICENSE; LOST OR DESTROYED; REPlACEMENT.
Code Section 40-5-31 Amended.
No. 652 (House Bill No. 115).
AN ACT
To amend Code Section 40-5-31 of the Official Code of Georgia Annotated, relating to replacement drivers' licenses or permits, so as to provide for issuance or a replacement license or permit for the period of time remaining on the original issuance; to provide for fees; 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 40-5-31 of the Official Code of Georgia Annotated, relating to replacement drivers' licenses or permits, is amended by striking subsection (a) of said Code section in its entirety and inserting in lieu thereof the following:
"(a) In the event that an instruction permit or a driver's license issued under this chapter is lost or destroyed, the person to whom the same was issued may upon payment of the required fee and upon furnishing proof satisfactory to the department that such permit has been lost or destroyed:
(1) Obtain a new permit or license; or
(2) Obtain a replacement permit or license.

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A new permit obtained under this Code section shall be obtained in the same manner and under the same conditions and limitations as provided in Code Section 40-5-24. A new license obtained under this Code section shall be obtained in the same manner and under the same conditions and limitations as provided in Code Section 40-5-32, relating to renewals of licenses. A replacement permit or license obtained under this Code section shall be issued only for the remaining period for which the original permit or license was issued for a fee of $5.00, and no examination or eyesight test shall be required to obtain such replacement permit."

SECTION 2.

This Act shall become effective on July 1, 1999.

SECTION 3.

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

Approved April 19, 2000.

REVENUE AND TAXATION - AD VALOREM TAXES; EXEMPTION FOR TOOLS AND TRADE IMPLEMENTS OF MANUAL LABORERS; REFERENDUM.
Code Section 48-542 Amended.
No. 653 (House Bill No. 20).
AN ACT
To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemption of property from ad valorem taxation, so as to increase the amount of the personal property exemption with respect to tools and implements of trade of manual laborers; to provide for conditions and limitations; to provide for applicability; to provide for effective dates; to provide for a special election; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemption of property from ad valorem taxation, is amended by striking Code Section 48-542, relating to exempt personalty, and inserting in its place a new Code Section 48-542 to read as follows:

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"48-5-42.
All personal clothing and effects, household furniture, furnishings, equipment, appliances, and other personal property used within the home, if not held for sale, rental, or other commercial use, shall be exempt from all ad valorem taxation. All tools and implements of trade of manual laborers shall be exempt from all ad valorem taxation in an amount not to exceed $2,500.00 in actual value and all domestic animals shall be exempt from all ad valorem taxation in an amount not to exceed $300.00 in actual value."
SECTION 2.

Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that special election on the date of the November, 2000, general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written thereon the following:

"( ) YES ) NO

Shall the Act be approved which increases from $300.00 to $2,500.00 the ad valorem tax exemption for all tools and implements of trade of manual laborers?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 2001, and shall apply to all tax years beginning on or after that date. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.

SECTION 3.
Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.

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

Approved April 19, 2000.

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SOCIAL SERVICES- PEACHCARE FOR KIDS.

Code Section 49-5-273 Amended.

No. 655 (House Bill No. 1214).

AN ACT

To amend Code Section 49-5-273 of the Official Code of Georgia Annotated, creating the PeachCare for Kids Program, so as to change the provisions relating to eligibility; to provide for Department of Education and local boards of education cooperation and assistance with regard to the program; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.

Code Section 49-5-273 of the Official Code of Georgia Annotated, creating the PeachCare for Kids Program, is amended by striking subsection (a) thereof and inserting in its place the following:

"(a) There is created the PeachCare for Kids Program to provide health care benefits for children in families with income below 235 percent of the federal poverty level. Children from birth through 18 years of age in families with family incomes below 235 percent of the federal poverty level and who are not eligible for medical assistance under Medicaid shall be eligible for the program, to be administered by the department pursuant to federal law and subject to availability of funding."

SECTION 2.

Said Code section is further amended by adding at the end a new subsection to read as follows:

"(o) The Department of Education and local boards of education shall cooperate with and provide assistance to the department and its designated agents for the purposes of identifying and enrolling eligible children in the program."
SECTION 3.

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

Approved April 19, 2000.

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COMMERCE AND TRADE - SEED CAPITAL FUND.

Code Title 10, Chapter 10 Amended.

No. 656 (House Bill No. 1629).

AN ACT

To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to revise comprehensively the provisions regarding the Seed-Capital Fund; to provide definitions; to create the Seed-Capital Fund; to authorize expenditures from the fund; to authorize the investing of funds with investment entities; to authorize the distribution of assets upon the winding up of an investment entity; to authorize the distribution of assets upon the winding up of an investment entity; to provide for annual reports; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by striking in its entirety Chapter 10, relating to the seed capital fund, which reads as follows:

"CHAPTER 10

10-10-1.

As used in this chapter, the term:

(1) 'Board' means the Board of Regents of the University System of Georgia.

(2) 'Center' means the Advanced Technology Development Center described in Code Section 10-10-2.

(3) 'Enterprise' means a new corporation or partnership less than five years old.

(4) 'Fund' means the Seed Capital Fund created in Code Section 10-10-3.

(5) 'Incubator' means a facility which leases small units of space to tenants and which maintains or provides access to business development services for use by the tenants or member firms.

(6) 'Investment partnership' means a limited partnership in which the general partner or partners manage the funds contributed by the state as a limited partner and contributed by other limited and general partners, which funds shall be used to make investments in private enterprises as provided by this chapter.

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(7) 'Qualified security' means any note, stock, treasury stock bond, deben ture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, preorganization certificate or subscription, transferable share, investment contract, certificate of deposit for a security, certificate of interest or participation in a patent or application therefor or in royalty or other payments under such a patent or application, or, in general, any interest or instrument commonly known as a security or any certificate for, receipt for, guarantee of, or option, warrant, or right to subscribe to or purchase any of the foregoing.

(8) 'Seed capital reserves' or 'reserves' means the funds of an applicant or investment partnership contributed by the state from the Seed Capital Fund and contributed by private investors, which funds shall be used by the investment partnership to make investments in private enterprises as provided by this chapter.
10-10-2.

There is created the Seed Capital Fund to be managed by the Advanced Technology Development Center which is administratively attached to the board of regents.

10-10-3.

(a) The Seed Capital Fund is created as a separate fund in the state treasury. The Advanced Technology Development Center is authorized to recommend expenditures from the Seed Capital Fund subject to the approval of the board of regents. The fund shall be expended only as provided in this chapter. All funds appropriated to or otherwise paid into the fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse.

(b) The fund shall consist of all moneys authorized by law for deposit in the fund including but not limited to gifts, grants, private donations, and funds by government entities authorized to provide funding for the purposes authorized for use of the fund and any payments or returns on investments made by the center.

(c) In return for investments made from the fund, the State of Georgia will receive a limited partner position in the investment partnership with rights to income accruing from profits from investments by the investment partnership. Additional returns to the state will be secured through the establishment and growth of innovative enterprises which create new, value added products, processes, and services and encourage growth and diversification in the economy of the state.

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(d) After recommending that a disbursement should be made pursuant to this chapter and after approval of such disbursement by the board, the center shall forward a certified copy of the order granting the payment to the Office of Treasury and Fiscal Services, which shall be authorized to draw a warrant or warrants upon the fund to pay the disbursement from such fund.
(e) The center, subject to the approval of the board of regents, shall be authorized to contract and have contracts and other legal documents prepared to carry out the provisions of this chapter.
(f) The board of regents shall have the authority to issue additional rules and regulations governing the management and operation of the Seed Capital Fund as needed.

10-104.
The center may recommend use of the fund to make challenge investments with eligible applicants which are investment partnerships following receipt of an application consistent with the criteria specified in this Code section. Investment partnerships which are recipients of state investments shall not expend any of the funds awarded unless and until the center has assured itself that the following conditions hold:

(1) Either:

(A) At least $3.00 of private investment has been committed to the proposed seed capital reserves of the applicant for every $1.00 of the challenge investment committed and at least $2 million of total investment, including the challenge investment, has been committed to the proposed seed capital reserves; or

(B) At least $1.00 of private investment has been committed to the proposed seed capital reserves of the applicant for every $1.00 of the challenge investment committed; at least $1.5 million of total investment, including the challenge investment, has been committed to the seed capital reserves; and no investment is to be made from the reserves in a new enterprise without an equal or greater investment from private sources other than the reserves in the same enterprise, such that, in total, at least $3.00 of private investment has been committed to an individual enterprise for every $1.00 of challenge investment funds invested;

(2) Investments from the seed capital reserves will be made exclusively in new enterprises located in the State of Georgia, including, but not limited to, tenants of incubators. For the purposes of this Code section, new enterprises shall not include businesses of a mercantile nature but shall be characterized as entrepreneurial firms engaged in innovative work in the

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areas of technology, manufacturing, marketing, agriculture, or information related ventures which will increase the state's share of domestic or international markets;
(3) Total investments in a new enterprise using funds from seed capital reserves should ordinarily be no more than $500,000.00. The investment partnership shall not make investments in qualified securities issued by enterprises in excess of the amount necessary to own more than 49 percent of qualified securities in any one enterprise at the time such securities are purchased by the investment partnership, after giving effect to the conversion of all outstanding convertible qualified securities of the enterprise; provided, however, that, in the event of severe financial difficulty of the enterprise, threatening, in the judgment of the investment partnership, the investment of the investment partnership therein, a greater percentage of such securities may be owned by the investment partnership;

(4) The investment partnership shall make authorized investments in enterprises engaged in new product or process innovations only after:

(A) Receipt of an application from the enterprise which contains:

(i) A business plan including pro forma financial statements and a description of the enterprise and its management, product, and market;

(ii) A statement of the amount, timing, and projected use of the capital required;

(iii) A statement of the potential economic impact of the enterprise, including the number, location, and types of jobs expected to be created; and
(iv) Such other information as the center shall request;

(5) Such approval of an investment may be made after the investment partnership finds, based upon the application submitted by the enterprise and such additional investigation as the staff of the investment partnership shall make and incorporate in its minutes, that:

(A) The proceeds of the investment or financial assistance will be used only to cover the seed capital needs of the enterprise except as authorized by paragraph (3) of this Code section;

(B) The enterprise has a reasonable chance of success;

(C) The investment partnership's participation is instrumental to the success of the enterprise and its retention within the state;

(D) The enterprise has the reasonable potential to enhance employment opportunities within the state;

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(E) The entrepreneur and other founders of the enterprise have already made or are contractually committed to make a substantial financial or time commitment to the enterprise;

(F) Any securities to be purchased are qualified securities or private placement stock;

(G) There is a reasonable possibility that the investment partnership will recoup at least its initial investment or financial commitment; and

(H) Binding commitments have been made to the investment partnership by the enterprise for adequate reporting of financial data to the investment partnership, which shall include a requirement for an annual report or, if required by the center, an annual audit of the financial and operational records of the enterprise, and for such control on the part of the investment partnership as the center shall consider prudent over the management of the enterprise so as to protect the investment or financial commitment of the investment partnership, including in the discretion of the center and without limitation, right of access to financial and other records of the enterprise and membership or representation on the board of directors of the enterprise;

(6) In making investments, including seed capital investments, the investment partnership shall exercise the judgment and care under the circumstances then prevailing that persons of ordinary 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 probable safety of the capital of the partnership seed capital reserves. All investments of the seed capital reserves shall be directly related to the creation, retention, or expansion of employment opportunity and economic growth in Georgia. In making seed capital investments, all other material matters being equal, the investment partnership shall invest in technological advances that could be expected to result in the greatest increase in employment opportunity and economic growth in Georgia; and

(7) The returns on investments made by the investment partnership which represent state funds shall be reinvested in seed capital reserves of the investment partnership or paid to the Seed Capital Fund as determined by the center with the approval of the board.

10-10-5.

Upon liquidation of any investment partnership, the investment partnership or its assignee shall make arrangements to phase out investments and distribute the principal and capital gains on investments in proportion to the

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number of shares of each investor. The proceeds attributable to the State of Georgia will be paid into the Seed Capital Fund to be disbursed for future investments as provided in this chapter.

10-10-6.

The center shall publish an annual report which shall be made available to the Governor, the General Assembly, and the board setting forth in detail the operations and transactions conducted by it pursuant to this chapter. The annual report shall specifically account for the ways in which the need, mission, and programs of the center described in this chapter have been carried out. The center shall distribute its annual report by such means that will make it widely available to those innovative enterprises of special importance to the Georgia economy.",
and inserting in its place a new Chapter 10 to read as follows:

10-10-1.

"CHAPTER 10

As used in this chapter, the term:
(1) 'Board' means the Board of Regents of the University System of Georgia.
(2) 'Center' means the Advanced Technology Development Center created by the board and acknowledged and empowered to administer the fund by Article III, Section IX, Paragraph Vl(g) of the Constitution of Georgia.

(3) 'Enterprise' means a corporation, partnership, limited liability company, or other legal entity that is less than five years old, that has its principal place of business in this state, and that is engaged in an entrepreneurial business, including, but not limited to, tenants of incubators. For the purposes of this chapter, an enterprise shall not be considered to be engaged in an entrepreneurial business unless it is engaged in innovative work in the areas of technology, manufacturing, marketing, agriculture, or information related ventures that will increase the state's share of domestic or international markets. An enterprise engaged primarily in business of a mercantile nature shall not be considered engaged in an entrepreneurial business.

(4) 'Fund' means the Seed-Capital Fund created in Code Section 10-10-3.
(5) 'Incubator' means a facility that leases small units of space to tenants and which maintains or provides access to business development services for use by the tenants or member firms.

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(6) 'Investment entity' means a limited partnership, a limited liability company, or other legal entity providing limited liability to its owners that is formed to receive, in part, an investment by the fund and for which a general partner or manager manages the capital contributions by making investments in qualified securities of one or more enterprises as permitted by this chapter and by paying the expenses of the investment entity.
(7) 'Investment entity capital contribution' or 'capital contribution' means the capital of an investment entity contributed by the fund, as created in Code Section 10..10..3, and contributed by other investors, which capital shall be used by the investment entity to make investments in qualified securities of one or more enterprises as provided by this chapter and to pay the expenses of the investment entity but shall not include any current or accumulated income of the investment entity.

(8) 'Qualified security' means any note, stock, treasury stock bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, preorganization certificate or subscription, transferable share, investment contract, certificate of deposit for a security, certificate of interest or participation in a patent or application therefor or in royalty or other payments under such a patent or application, or, in general, any interest or instrument commonly known as a security or any certificate for, receipt for, guarantee of, or option, warrant, or right to subscribe to or purchase any of the foregoing of an enterprise.

(9) 'State' means the State of Georgia.

10..10..2.

There is created the Seed-Capital Fund to be managed by the center under the authority of the board.

10..10..3.

(a) The fund is created as a separate fund maintained by the board or a body designated by the board and shall be expended only as provided in this chapter. Pending their use as capital contributions, the moneys in the fund may be invested and reinvested in accordance with the investment policies authorized by the board or its designee. The entire cost of administration of the fund, including expenses of the center incurred in connection with the creation, operation, management, liquidation, and investment of fund moneys in investment entities, may be paid from the assets of the fund. All moneys appropriated to or otherwise paid into the fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse.

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(b) The fund shall consist of all moneys authorized by law for deposit in the fund, including, but not limited to, gifts, grants, private donations, and funds by government entities authorized to provide funding for the purposes authorized for use of the fund and any payments or returns on investments made by the center.

(c) In return for capital contributions by the fund, the state will receive a limited liability ownership in the investment entity with rights accruing from investments in qualified securities by an investment entity. Additional returns to the state will be secured through the establishment and growth of innovative enterprises that create new, value added products, processes, and services and encourage growth and diversification in the economy of the state.
(d) Disbursements from the fund shall be made upon the instruction of the center director in accordance with the policies of the board.
(e) The center, subject to the approval of the board or its designee, shall be authorized to contract and have contracts and other legal documents prepared to carry out the provisions of this chapter.
(f) The board shall have the authority to issue policies governing the management and operation of the fund as needed.
10-104.

The center, subject to the approval of the board or its designee, may authorize transfers from the fund to make capital contributions to one or more investment entities whose structures, purposes, and operations are consistent with the criteria specified in this chapter. Investment entities to which the state makes a capital contribution shall not expend any of the funds invested by the state unless and until the center has assured itself that the following conditions will be satisfied by such investment entity:
(1) Either:

(A) At least $3.00 of capital contributions has been committed in writing to the investment entity by persons other than the state for every $1.00 of capital contribution committed by the state from the fund to the investment entity;
(B) At least $1.00 of capital contributions have been committed in writing to the investment entity by persons other than the state for every $1.00 of capital contribution committed by the state from the fund to an investment entity; provided, howeveF, no investment is to be made from such investment entity in qualified securities without an equal or greater investment in the same enterprise from sources other than the investment entity, such that, in total, at least $3.00 of investment from sources other than the state, including funds investment by the investment entity in the enterprise that are other than from capital contribu-

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tions made by the state from the fund, have been committed to such enterprise for every $1.00 of the state's portion of the amount invested in the qualified securities of such enterprise;

(2) The total amount of capital contributions by the state made to an investment entity that originate from the fund and that are ultimately invested by an investment entity in qualified securities of an enterprise should ordinarily be no more than $500,000.00. In addition, the amount of investment by an investment entity in qualified securities issued by an enterprise should ordinarily not represent more than 49 percent of the total qualified securities at the time such qualified securities are purchased by the investment entity, after giving effect to the conversion of all outstanding convertible qualified securities of the enterprise; provided, however, that the investment in qualified securities of the enterprise by the investment entity can exceed 49 percent if, in the investment entity's judgment exercised in accordance with paragraph (5) of this Code section, such greater investment is prudent, and provided, further, that an amount greater than $500,000.00 of funds attributable to capital contribution by the state from the fund may be invested by the investment entity in qualified securities of an enterprise if the enterprise is in severe financial difficulty and, in the judgment of the investment entity, an investment of such greater amount is necessary to preserve the initial investment in qualified securities;

(3) The investment entity shall make authorized investments in enterprises engaged in an entrepreneurial business only after receipt of an application from the enterprise that contains:

(A) A business plan including pro forma financial statements and a description of the enterprise and its management, product, and market;

(B) A statement of the amount, timing, and projected use of the capital required;

(C) A statement of the potential economic impact of the enterprise, including the number, location, and types of jobs expected to be created; and

(D) Such other information as the investment entity shall request;

(4) Approval of an investment may be made after the investment entity finds, based upon the application submitted by the enterprise and such additional investigation as the staff of the investment entity shall make and incorporate in its records, that:

(A) The proceeds of the investment or financial assistance will be used only to cover the seed capital needs of the enterprise except as authorized by paragraph (2) of this Code section;

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(B) The enterprise has a reasonable chance of success;

(C) The investment entity's participation is instrumental to the success of the enterprise and its retention within the state;

(D) The enterprise has the reasonable potential to enhance employment opportunities within the state;
(E) The entrepreneur and other founders of the enterprise have already made or are contractually committed to make a substantial financial or time commitment to the enterprise;

(F) Any securities to be purchased are qualified securities;

(G) There is a reasonable possibility that the investment entity will recoup at least its initial investment or financial commitment; and

(H) Binding commitments have been made to the investment entity by the enterprise for adequate reporting of financial data to the investment entity, which shall include a requirement for an annual report or, if required by the investment entity, an annual audit of the financial and operational records of the enterprise, and for such control on the part of the investment entity as considered prudent, over the management of the enterprise so as to protect the investment or financial commitment of the investment entity, including in the discretion of the entity and without limitation, right of access to financial and other records of the enterprise and membership or representation on the board of directors of the enterprise;

(5) The governing agreement of the investment entity provides that the care and judgment that management of the investment entity must exercise in the performance of its obligations shall be the judgment and care under the circumstances then prevailing and that persons of ordinary prudence, discretion, and intelligence exercise in the management of risk capital intended for investment at the early stages of organization and growth of a business that are:

(A) Expected to create, retain, or extend employment opportunities and economic growth in Georgia; and
(B) All other material matters being equal, developing technological advances that could be expected to result in the greatest increase in employment opportunity and economic growth in Georgia; and
(6) The governing agreement of the investment entity provides for distributions made by the investment entity to its partners or members that are proportionate to the capital committed or otherwise reflective of the ownership interests purchased by the partners or members.

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10-10-5.
All distributions made by an investment entity allocable to the state's limited partner interest or membership interest therein shall be deposited in the fund for future investment in other investment entities or to pay the cost of administration of the fund as provided in this chapter.

10-10-6.
The center, on behalf of the board, shall publish an annual report which shall be made available to the Governor, the General Assembly, and the board setting forth in detail the operations and transactions conducted by it pursuant to this chapter. The annual report shall specifically account for the ways in which the need, mission, and programs of the center described in this chapter have been carried out. The center shall distribute its annual report by such means that will make it widely available to those innovative enterprises of special importance to the Georgia economy."

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 20, 2000.

COURTS - STATE COURTS; MUNICIPALITIES OF 300,000 POPULATION OR MORE; ADDITIONAL PENALTIES; BAIL AND BOND AMOUNTS; COMPENSATION OF JUDGES.
Ga. L. 1996, p. 627, as amended, Amended.
No. 657 (House Bill No. 1372).
AN ACT
To amend an Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, approved April 4, 1996 (Ga. L. 1996, p. 627), as amended by an Act approved April 2, 1998 (Ga. L. 1998, p. 559) and an Act approved April 28, 1999 (Ga. L. 1999, p. 830), so as to incorporate into said Act certain provisions regarding additional penalties and bail and bond amounts to be imposed for certain jail purposes which provisions were enacted previously by an Act approved April 1, 1996

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(Ga. L. 1996, p. 392); to change the compensation of the judges of said court; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, approved April 4, 1996 (Ga. L. 1996, p. 627), as amended by an Act approved April 2, 1998 (Ga. L. 1998, p. 559) and an Act approved April 28, 1999 (Ga. L. 1999, p. 830), is amended by striking subsection (a) of Section 28 and inserting in its place a new subsection (a) to read as follows:

"(a) (1) In every case in which such courts shall impose a fine, which shall be construed to include costs, for any offense against a criminal or traffic law of this state or any ordinance of a political subdivision thereof, there shall be imposed as an additional penalty a sum equal to 15 percent of the original fine. Such additional penalties shall be paid over as provided in subsection (c) of this section. The penalty provided in this paragraph shall be in addition to any penalty or additional penalty provided for in Sections 26 and 27 of this Act.

(2) At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or ordinance of a political subdivision thereof, an additional sum equal to 15 percent of the original amount of bail or bond shall be posted. In every case in which such courts shall order the forfeiture of bail or bond, the additional sum equal to 15 percent of the original bail or bond shall be paid over as provided in subsection (c) of this section. The additional sums provided for in this paragraph shall be in addition to any sums provided for in paragraph (2) of subsection (a) of Section 27 of this Act."

SECTION 2.

Said Act is further amended by striking subsection (d) of Section 4 thereof and inserting in its place the following:

"(d) The annual salaries of the chief judge and of each judge shall be paid by the governing authority of each city. However, the annual salaries of the chief judge and judges shall be no less than the annual salaries of the judges of the state court within the territorial jurisdiction of said court."

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SECTION 3.

(a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

(b) Notwithstanding the provisions of Code Section 1-34.1 of the Official Code of Georgia Annotated, Section 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4.

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

Approved April 20, 2000.

REVENUE AND TAXATION - SALES AND USE TAX; EXEMPTION FOR CERTAIN COIN, CURRENCY, AND BULLION SALES.
Code Section 48-8-3 Amended.
No. 658 (House Bill No. 1210).
AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption from sales and use taxes for certain sales of coins or currency, and for certain sales of gold, silver, or platinum bullion; to provide for rules and regulations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by striking the word "or" at the end of paragraph (62), striking the period at the end of paragraph (63) and inserting in lieu thereof the symbol ";", and inserting new paragraphs to be numbered paragraphs (64) and (65) so that paragraphs (62), (63), (64), and (65) read as follows:
"(62) The sale of grass sod of all kinds and character when such sod is in the original state of production or condition of preparation for sale. The exemption provided for by this paragraph shall only apply to a sale made by the sod producer, a member of such producer's family, or an employee of such producer. The exemption provided for by this paragraph shall not apply to sales of grass sod by a person engaged in the business of selling plants, seedlings, nursery stock, or floral products;

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(63) The sale or use of funeral merchandise, outer burial containers, and cemetery markers as defined in Code Section 43-18-1, which are purchased with funds received from the Georgia Crime Victims Emergency Fund under Chapter 15 of Title 17;
(64) Sales of gold, silver, or platinum bullion or any combination of such bullion, provided that the dealer maintains proper documentation, as specified by rule or regulation to be promulgated by the department, to identify each sale or portion of a sale which is exempt under this paragraph; or
(65) Sales of coins or currency or a combination of coins and currency, provided that the dealer maintains proper documentation, as specified by rule or regulation to be promulgated by the department, to identify each sale or portion of a sale which is exempt under this paragraph."
SECTION 2.

This Act shall become effective on July 1, 2000. SECTION 3.
All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 2000.

STATE GOVERNMENT - MOTOR VEHICLES; IDENTIFICATION OF VEHICLES OWNED OR LEASED BY GOVERNMENT ENTITIES; PERSONAL
VEHICLE MILEAGE ALLOWANCE.
Code Sections 50-19-2 and 50-19-7 Amended. Code Title 36, Chapter 89 Enacted.
No. 659 (House Bill No. 648).
AN ACT
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to purchase and use of motor vehicles by state departments and entities, so as to require certain motor vehicles owned or leased by certain governmental entities or purchased or leased with public funds to be identified with certain markings, decals, or seals; to provide exceptions; to prohibit the operation of certain motor vehicles owned or leased by certain governmental entities or purchased or leased with public funds unless such vehicles have certain identifying markings, decals, or seals affixed to them; to provide for exceptions; to provide for penalties; to change the mile-

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age allowance for use of a personal vehicle by state officers, officials, and employees; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding at the end thereof a new Chapter 89 to read as follows:
"CHAPTER 89

36-89-1.
Every motor vehicle which is owned or leased by any county, municipality, regional development center, county or independent school system, commission, board, or public authority or which has been purchased or leased by any public official or public employee with public funds shall have affixed to the front door on each side of such vehicle a clearly visible decal or seal containing the name of or otherwise identifying such governmental entity. The requirements of this Code section shall not apply to: (1) any vehicle used for law enforcement or prosecution purposes; or (2) any vehicle owned or leased by a county or municipality expressly excepted from the provisions of this Code section by a resolution or ordinance adopted by the governing authority of a county or municipality following a public hearing on the subject held no more than 14 days prior to the adoption of the ordinance or resolution."

SECTION 2.

Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to purchase and use of motor vehicles by state departments and entities, is amended by striking Code Section 50-19-2, relating to the requirement that the state seal be placed on motor pool vehicles, which reads as follows:

"50-19-2.

The state seal, measuring at least ten inches in diameter, shall be placed on the trunk or some other conspicuous spot on all state owned vehicles included in the motor pool established in Code Section 50-19-1 except law enforcement vehicles used for investigative purposes.",

and inserting in its place the following:

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"50-19-2.

(a) It shall be unlawful for any person to operate on any public road in this state any motor vehicle which is owned or leased by the state or any branch, department, agency, commission, board, or authority of the state or which has been purchased or leased by any public official or public employee with state funds, unless there is affixed to the front door on each side of such vehicle a clearly visible decal or seal containing the name of or otherwise identifYing the governmental entity owning or leasing such vehicle or on behalf of which entity funds were expended to purchase or lease such vehicle. This Code section shall not apply to any vehicle used for law enforcement or prosecution purposes or any vehicle assigned for the transportation of the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the executive head of any department of state government, the chancellor of the University System of Georgia, the Chief Justice of the Supreme Court of Georgia, or any Constitutional state official who is elected by the voters of the entire state.

(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor."

SECTION 3.

Said article is further amended by striking Code Section 50-19-7, relating to mileage and actual travel expenses for state officials and employees, and inserting in its place the following:
"50-19-7.

The officers, officials, and employees of the executive, legislative, and judicial branches of state government shall be paid 28 per mile as traveling expense when traveling in the service of the state or any agency thereof by personal motor vehicle and, in addition to mileage, shall be reimbursed for actual expenses incurred by reason of tolls and parking fees."

SECTION 4.

Section 3 of this Act and this section shall become effective on July 1, 2000. The remaining sections of this Act shall become effective on the first day of January following the approval of this Act by the Governor or its becoming law without such approval.

SECTION 5.

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

Approved April 20, 2000.

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REVENUE AND TAXATION - TAX EXECUTIONS; TRANSFERS.

Code Section 48-3-19 Amended.

No. 660 (Senate Bill No. 352).

AN ACT

To amend Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to the transfer of tax executions, so as to provide for the transfer of such executions upon verification by the local tax official that the proposed transferee is current on all ad valorem tax obligations within the tax official's jurisdiction to collect; to provide for exceptions; to provide for the investigation and resolution of certain disputed tax obligations; 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 48-3-19 of the Official Code of Georgia Annotated, relating to the transfer of tax executions, is amended by striking subsection (d) in its entirety and inserting in its place a new subsection (d) to read as follows:

"(d) No person may pay an execution issued for ad valorem property taxes and thereby become the transferee of such execution as provided in subsection (a) of this Code section if:

(1) At the time of the transfer, the local tax official is unable to verify that the proposed transferee is current on all ad valorem tax obligations within the local tax official's jurisdiction to collect; provided, however, that in all cases where the local tax official is unable to make the verification required under this paragraph, no transfer of an execution shall be denied if the proposed transferee delivers to the local tax official a written statement stating either that the proposed transferee is not the correct taxpayer for the alleged outstanding tax obligation or that the involved tax parcel or tax parcels do not represent taxable property; or

(2) The property which is the subject of the tax execution has been included among a list of properties recommended by the local tax official and approved by the local governing authority, as eligible for exclusion from transfer of execution; and

(3) A public hearing has been held on the issue of excluding such property from eligibility for transfer of execution; and

(4) Following the public hearing, the governing authority of the county or municipality, as applicable, has, in its discretion, approved the property for exclusion from transfer of execution based on a determination that such exclusion is in the best interest of the public."

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SECTION 2.

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

All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 2000.

BUILDINGS AND HOUSING- SINGLE FAMILY AFFORDABLE BUILT WITH CERTAIN PUBLIC FUNDS; REQUIRED ACCESSIBILITY FEATURES.
Code Section 8-3-172 Enacted.
No. 661 (Senate Bill No. 443).
AN ACT
To amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Office of Housing, so as to provide that single family affordable housing constructed with state or federal funds awarded by the State Office of Housing shall contain certain features to make such housing more accessible to persons with mobility impairments; to authorize the State Office of Housing to grant certain waivers; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Office of Housing, is amended by adding at the end thereof a new Code Section 8-3-172 to read as follows:
"8-3-172.
(a) The State Office of Housing shall award state or federal funds to construct single family affordable housing for individuals and families of low and very low income only to persons whose application indicates that the affordable housing that is the subject of the application and for which a building permit is issued on or after July 1, 2000, will be constructed so that:
(1) At least one entrance door, whether located at the front, side, or back of the building:
(A) Is on an accessible route served by a ramp or no-step entrance; and
(B) Has at least a standard 36 inch door;

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(2) On the first floor of the building:

(A) Each interior door is at least a standard 32 inch door, unless the door provides access only to a closet of less than 15 square feet in area;

(B) Each hallway has a width of at least 36 inches and is level, with ramped or beveled changes at each door threshold;

(C) Each bathroom wall is reinforced for potential installation of grab bars;

(D) Each electrical panel or breaker box, light switch, or thermostat is not higher than 48 inches above the floor; and

(E) Each electrical plug or other receptacle is at least 15 inches above the floor; and

(3) The main breaker box is located inside the building on the first floor.

(b) A person who builds single family affordable housing to which this Code section applies may obtain a waiver from the State Office of Housing of the requirement described in subparagraph (a) (1) (A) of this Code section if the cost of grading and other improvements to the terrain which are required in order to meet the requirement of such subparagraph is unreasonably expensive."

SECTION 2.

This Act shall become effective on July 1, 2000.

SECTION 3.

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

Approved April 20, 2000.

CRIMES AND OFFENSES- WIRETAPPING, EAVESDROPPING, AND SURVEILLANCE.
Code Title 16, Chapter 11, Article 3, Part 1 Amended.
No. 662 (House Bill No. 1576).
AN ACT
To amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to change certain provisions relating to unlawful invasions of privacy; to change the provisions relating to the interception of wire or oral transmissions by law enforcement officers; to provide that an authorized interception of a wire or oral transmission may be conducted in whole or

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in part by law enforcement personnel or by an individual operating under a contract with a law enforcement agency and acting under the supervision of a law enforcement officer authorized to conduct the interception; to provide the circumstances under which the Attorney General or district attorney may apply for an electronic surveillance warrant; to designate procedures for the monitoring of certain court authorized electronic surveillance; to provide for extensions of investigation warrants; to authorize certain electronic surveillance or interception of communications or monitoring of persons under emergency conditions; to provide procedures in connection therewith; to require application for an investigation warrant in connection with such interception or surveillance in an emergency situation within 48 hours after said interception or surveillance commences; to provide that in the event that an application for an investigation warrant made pursuant to this Act is denied or in any event where the interception or surveillance is terminated without an investigation warrant having been issued, the contents of any intercepted communications or other surveillance effected pursuant to this Act shall not be admissible in any court of this state except to prove violations of this Act; to provide that a parent or guardian of a minor child may monitor or intercept certain communications between such child and another person for the purpose of ensuring the welfare of such child; to provide for disclosure of the content of such communication or conversation to a district attorney or law enforcement officer; to provide for admissibility of certain recordings; to provide for other interceptions pursuant to court order; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, is amended by striking paragraphs (2) and (3) of Code Section 16-1162, relating to unlawful invasions of privacy, and inserting in lieu thereof the following:

"(2) Any person, through the use of any device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view; provided, however, that it shall not be unlawful:
(A) To use any device to observe, photograph, or record the activities of persons incarcerated in any jail, correctional institution, or any other facility in which persons who are charged with or who have been convicted of the commission of a crime are incarcerated, provided that such equipment shall not be used while the prisoner is discussing his or her case with his or her attorney;

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(B) For an owner or occupier of real property to use for security purposes, crime prevention, or crime detection, any device to observe, photograph, or record the activities of persons who are on the property or an approach thereto in areas where there is no reasonable expectation of privacy; or

(C) To use for security purposes, crime prevention, or crime detection, any device to observe, photograph, or record the activities of persons who are within the curtilage of the residence of the person using such device. A photograph, videotape, or record made in accordance with this subparagraph, or a copy thereof, may be disclosed by such resident to the district attorney or a law enforcement officer and shall be admissible in a judicial proceeding, without the consent of any person observed, photographed, or recorded;

(3) Any person to go on or about the premises of another or any private place, except as otherwise provided by law, for the purpose of invading the privacy of others by eavesdropping upon their conversations or secretly observing their activities;"

SECTION 2.

Said part is further amended by striking subsection (b) of Code Section 16-1164, relating to the interception of wire or oral transmissions by law enforcement officers, and inserting in lieu thereof a new subsection (b) to read as follows:

"(b) Procedure. When in the course of his or her official duties, a law enforcement officer desiring to make use of any device, but only as such term is specifically defined by Code Section 16-11-60 and such use would otherwise constitute a violation of Code Section 16-11-62, the law enforcement officer shall act in compliance with the procedures provided for in this part:

(1) When there is probable cause to believe that a person is committing or has committed an act which endangers the national security of the United States or the security of this state or that such person is committing or has committed the crime of treason, insurrection, rebellion, espionage, sabotage, or any felony involving bodily harm, or any crimes involving arson, kidnapping, narcotics, dangerous drugs, or importing, manufacturing, delivering, distributing, dispensing, administering, selling, or possessing with intent to distribute marijuana or any controlled substance, or burglary, prostitution, theft, blackmail, extortion, bribery, gambling, racketeering activity, or any felony involving alcoholic beverage laws or auto thefts, or there is probable cause to believe that a private place is being utilized or has been utilized for the commission of any such crime,

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then, upon written application, under oath, of the district attorney having jurisdiction over the prosecution of such crime, or the Attorney General, which application affirms that there is probable cause to believe:
(A) That a person is committing or has committed any of the crimes enumerated in this paragraph; or

(B) That a private place is being utilized or has been utilized for the commission of any of the crimes enumerated in this paragraph

and sets forth specifically the basis of such probable cause and particularly describes the person or place, the crime or crimes, the device or devices to be used, and the specific conversations and activities to be overheard or observed, as the case may be, any judge of the superior court having jurisdiction of such crime may issue an investigation warrant permitting the use of devices, as defined by Code Section 16-11-60, for the surveillance of such person or place, provided that the warrant specifies with particularity the device or devices the use of which is to be permitted thereby; the purpose, duration, and circumstances of use permitted; the crime or crimes allegedly being committed; and the person or persons and place or places to be subject to such surveillance;

(2) The judge, before issuing such a warrant, shall satisfy himself or herself that the party initiating the application for the warrant is aware of the facts and circumstances through his or her own personal knowledge which are sufficient to lead a person of reasonable caution to believe that the alleged crime set forth in the application has been committed or is being committed or that such person has been informed of such facts and circumstances by a reasonably trustworthy informational source. The judge shall also satisfY himself or herself that there is set forth in the application exigencies adequately supported by facts and circumstances which overcome and override the need for giving of notice of the surveillance to the parties to be overheard or observed by the use of such devices;
(3) Investigation warrants issued under this Code section shall be valid for no more than 20 days after issuance, unless renewed for additional 20 day periods for good cause shown at the time of written application for each such renewal. An interception authorized pursuant to this Code section may be conducted in whole or in part by law enforcement personnel or by an individual operating under a contract with a law enforcement agency and acting under the supervision of a law enforcement officer authorized to conduct the interception;

(4) The officer executing the warrant must make a return of the warrant to the judge which shall set forth specifically how the warrant was used and employed and what was obtained thereby. The return shall reflect that the investigation or search in pursuance of the warrant was termi-

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nated immediately upon the conversation or activities which were authorized to be overheard, intercepted, or observed were in fact obtained. The return shall set forth with particularity the law enforcement officer or officers or their agents who actually employed the devices used in the execution of the warrant;

(5) The application for any investigation warrant under this Code section, any supporting evidence in connection therewith, and any entry of the issuance of an investigation warrant as a result thereof shall remain confidential and in the custody of the judge and shall not be released nor information touching same in any manner be disclosed, except upon written order of the judge or except at the time of trial of the case in which such evidence is used or in which evidence derived from such surveillance is used;

(6) The applicant for the warrant shall return same and report back to the judge issuing same within 30 days of the issuance of the warrant. In the event no evidence of one of the specific crimes set forth in this Code section has been obtained through the use of such device or devices, it shall be the duty of the applicant physically to destroy all evidence obtained by surveillance and to certify that fact in writing to the judge under oath;

(7) In the event evidence of or information concerning the specific crime set forth in the warrant is obtained through the use of such device or devices, the applicant shall so certify in writing under oath in his or her report under paragraph (6) of this subsection. Upon the return of an indictment or filing of an accusation based in whole or in part on such evidence or information or any part thereof, it shall be the duty of the prosecuting attorney promptly to notify the accused of the existence and substance of such evidence or information and, if the same has been reduced to a permanent form, shall make it available to the accused for inspection and copying; and

(8) Any publication of the information or evidence obtained under a warrant issued under this Code section other than that necessary and essential to the preparation of and actual prosecution for the crime specified in the warrant shall be an unlawful invasion of privacy under this part and shall cause such evidence and information to be inadmissible in any criminal prosecution."

SECTION 3.

Said part is further amended by adding between Code Sections 16-11-64.2 and 16-11-65 a new Code Section 16-11-64.3 to read as follows:

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"16-11-64.3.

(a) Notwithstanding any other provlSlon of this part, in the event that the Attorney General or a district attorney of the judicial circuit having jurisdiction over the emergency situation described herein or where the observation, monitoring, or recording of the activities of any person may occur as provided in this subsection determines that:

(1) An emergency situation exists involving the immediate danger of death or serious physical injury to any person;

(2) The said emergency situation requires the immediate interception of a wire, oral, or electronic communications or the immediate observation, monitoring, or recording of the activities of any person involved in said emergency situation in violation of the provisions of Code Section 16-11-62 before an order authorizing such interception or surveillance can, with due diligence, be obtained; and
(3) There are grounds upon which an investigation warrant pursuant to Code Section 16-11-64 could be issued;
then in such event any investigative or law enforcement officer specifically designated by the prosecuting official making such determination may utilize any device as defined in Code Section 16-11-60 to intercept the wire, oral, or electronic communications or to observe, monitor, or record the activities of the person or persons involved in said emergency situation, provided that an application for an investigation warrant is made pursuant to Code Section 16-11-64 within 48 hours after said interception or surveillance commences.
(b) In the event that an application for an investigation warrant made pursuant to this Code section is granted, then the interception or surveillance shall be conducted in accordance with the provisions of Code Section 16-1164, except that said interception or surveillance shall continue only so long as the emergency situation exists.
(c) In the event that an application for an investigation warrant made pursuant to this Code section is denied or in any event where the interception or surveillance is terminated without an investigation warrant having been issued, the contents of any intercepted communications or other surveillance effected pursuant to this Code section shall not be admissible in any court of this state except to prove violations of this part. The contents of any such intercepted communications or other surveillance effected pursuant to this Code section without an investigation warrant having been issued shall be confidential and shall not be disclosed except to prove violations of this part."

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SECTION 4.

Said part is further amended by striking in its entirety Code Section 16-11-66, relating to the interception of wire, oral, and electronic communications and related matters, and inserting in lieu thereof the following:

"16-11-66.

(a) Nothing in Code Section 16-11-62 shall prohibit a person from intercepting a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.

(b) Mter obtaining the consent required by this subsection, the telephonic conversations or electronic communications to which a child under the age of 18 years is a party may be recorded and divulged, and such recording and dissemination may be done by a private citizen, law enforcement agency, or prosecutor's office. Nothing in this subsection shall be construed to require that the recording device be activated by the child. Consent for the recording or divulging of the conversations of a child under the age of 18 years conducted by telephone or electronic communication shall be given only by order of a judge of a superior court upon written application, as provided in subsection (c) of this Code section, or by a parent or guardian of said child as provided in subsection (d) of this Code section. Said recording shall not be used in any prosecution of the child in any delinquency or criminal proceeding. An application to a judge of the superior court made pursuant to this Code section need not comply with the procedures set out in Code Section 16-11-64.

(c) A judge to whom a written application has been made shall issue the order provided by subsection (b) of this Code section only:

(1) Upon finding probable cause that a crime has been committed;

(2) Upon finding that the child understands that the conversation ts to be recorded and that such child agrees to participate; and

(3) Upon determining that participation is not harmful to such child.

A true and correct copy of the recording provided for in subsection (b) of this Code section shall be returned to the superior court judge who issued the order and such copy of the recording shall be kept under seal until further order of the court.

(d) The provisions of this article shall not be construed to prohibit a parent or guardian of a child under 18 years of age, with or without the consent of such minor child, from monitoring or intercepting telephonic conversations of such minor child with another person by use of an extension phone located within the family home, or electronic or other communications of

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such minor child from within the family home, for the purpose of ensuring the welfare of such minor child. If the parent or guardian has a reasonable or good faith belief that such conversation or communication is evidence of criminal conduct involving such child as a victim or an attempt, conspiracy, or solicitation to involve such child in criminal activity affecting the welfare or best interest of such child, the parent or guardian may disclose the content of such telephonic conversation or electronic communication to the district attorney or a law enforcement officer. A recording or other record of any such conversation or communication made by a parent or guardian in accordance with this subsection that contains evidence of criminal conduct involving such child as a victim or an attempt, conspiracy, or solicitation to involve such child in criminal activity shall be admissible in a judicial proceeding except as otherwise provided in subsection (b) of this Code section."

SECTION 5.

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

SECTION 6.

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

Approved April 20, 2000.

LOCAL GOVERNMENT - PUBLIC WORKS CONSTRUCTION CONTRACTS.
Code Titles 36 and 32 Amended. Code Section 13-10-1 Amended.
No. 663 (House Bill No. 1079).
AN ACT
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to define certain terms; to provide that all public works construction contracts entered into by a governmental entity shall be in writing and available for public inspection; to provide for the letting of public works construction contracts by competitive bid or competitive proposal; to provide for notice; to provide for addenda; to provide for prequalification of prospective bidders; to provide for bonding requirements; to provide for bid bonds; to provide for the withdrawal of bids; to provide for performance bonds; to provide for payment bonds; to provide for penalties; to repeal portions of Chapter 10 of the Official Code of Georgia Annotated, relating to public works contracts; to repeal Article 4 of Chapter 82 of the Official Code of Georgia Annotated, relating to bonds for public contractors; to repeal Chapter 84 of the Of-

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ficial Code of Georgia Annotated, relating to competition for public works; to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds or other securities; to change certain cross-references throughout Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by inserting at the end thereof a new chapter to read as follows:
"CHAPTER 91 ARTICLE I

36-91-1.

As used in this chapter, the term:

(1) 'Bid bond' means a bond with good and sufficient surety or sureties for the faithful acceptance of the contract payable to, in favor of, and for the protection of the governmental entity for which the contract is to be awarded.

(2) 'Change order' means an alteration, addition, or deduction from the original scope of work as defined by the contract documents to address changes or unforeseen conditions necessary for project completion.

(3) 'Competitive sealed bidding' means a method of soliciting public works construction contracts whereby the award is based upon the lowest responsive, responsible bid in conformance with the provisions of subsection (b) of Code Section 36-91-21.

(4) 'Competitive sealed proposals' means a method of soliciting public works contracts whereby the award is based upon criteria identified in a request for proposals in conformance with the provisions of subsection (c) of Code Section 36-91-21.

(5) 'Emergency' means any situation resulting in imminent danger to the public health or safety or the loss of an essential governmental service.

(6) 'Governing authority' means the official or group of officials responsible for governance of a governmental entity.

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(7) 'Governmental entity' means a county, municipal corporation, consolidated government, authority, board of education, or other public board, body, or commission but shall not include any authority, board, department, or commission of the state, or a public transportation agency as defined by Chapter 9 of Title 32.
(8) 'Payment bond' means a bond with good and sufficient surety or sureties payable to the governmental entity for which the work is to be done and intended for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the public works construction contract.
(9) 'Performance bond' means a bond with good and sufficient surety or sureties for the faithful performance of the contract and to indemnify the governmental entity for any damages occasioned by a failure to perform the same within the prescribed time. Such bond shall be payable to, in favor of, and for the protection of the governmental entity for which the work is to be done.
(10) 'Public works construction' means the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to any public real property other than those projects covered by Chapter 4 of Title 32. Such term does not include the routine operation, repair, or maintenance of existing structures, buildings, or real property.

(11) 'Responsible bidder' or 'responsible offeror' means a person or entity that has the capability in all respects to perform fully and reliably the contract requirements.

(12) 'Responsive bidder' or 'responsive offeror' means a person or entity that has submitted a bid or proposal that conforms in all material respects to the requirements set forth in the invitation for bids or request for proposals.
(13) 'Scope of project' means the work required by the original contract documents and any subsequent change orders required or appropriate to accomplish the intent of the project as described in the bid documents.
(14) 'Scope of work' means the work that is required by the contract documents.

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(15) 'Sole source' means those procurements made pursuant to a written determination by a governing authority that there is only one source for the required supply, service, or construction item.

ARTICLE 2

36-91-20.

(a) All public works construction contracts subject to this chapter entered into by a governmental entity with private persons or entities shall be in writing and on file and available for public inspection at a place designated by such governmental entity. Municipalities and consolidated governments shall execute and enter into contracts in the manner provided in applicable local legislation or by ordinance.

(b) Prior to entering into a public works construction contract other than those exempted by Code Section 36-91-22, a governmental entity shall publicly advertise the contract opportunity. Such notice shall be posted conspicuously in the governing authority's office and shall be advertised in the legal organ of the county or by electronic means on an Internet website of the governmental entity or an Internet website identified by the governmental entity. Contract opportunities shall be advertised a minimum of two times, with the first advertisement occurring at least four weeks prior to the opening of the sealed bids or proposals. The second advertisement shall follow no earlier than two weeks from the first advertisement. Plans and specifications shall be available on the first day of the advertisement and shall be open to inspection by the public. The advertisement shall include such details and specifications as will enable the public to know the extent and character of the work to be done. All required notices of advertisement shall also advise of any mandatory prequalification requirements or pre-bid conferences as well as any federal requirements pursuant to subsection (d) of Code Section 36-91-22.

(c) Governmental entities are authorized to utilize any construction delivery method, provided that all public works construction contracts subject to the requirements of this chapter that place the bidder or offeror at risk for construction and require labor and building materials in the execution of the contract shall be awarded on the basis of competitive sealed bidding or competitive sealed proposals. Governmental entities shall have the authority to reject any and all bids or proposals and to waive technicalities and informalities.

(d) No governmental entity shall issue or cause to be issued any addenda modifying plans and specifications within a period of 72 hours prior to the advertised time for the opening bids or proposals, excluding Saturdays, Sundays, and legal holidays. However, if the necessity arises to issue an addendum modifying plans and specifications within the 72 hour period prior to

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the advertised time for the opening of bids or proposals, excluding Saturdays, Sundays, and legal holidays, then the opening of bids or proposals shall be extended at least 72 hours, excluding Saturdays, Sundays, and legal holidays, from the date of the original bid or proposal opening without need to readvertise as required by subsection (b) of this Code section.
(e) Bid and contract documents may contain provisions authorizing the issuance of change orders, without the necessity of additional requests for bids or proposals, within the scope of the project when appropriate or necessary in the performance of the contract. Change orders may not be used to evade the purposes of this article.
(f) Any governmental entity may, in its discretion, adopt a process for mandatory prequalification of prospective bidders or offerors; provided, however, that:
(1) Criteria for prequalification must be reasonably related to the project or the quality of work;
(2) Criteria for prequalification must be available to any prospective bidder or offeror requesting such information;
(3) Any prequalification process must include a method of notifying prospective bidders or offerors of the criteria for prequalification; and
(4) Any prequalification process must include a procedure for a disqualified bidder to respond to his or her disqualification to a representative of the governmental entity; provided, however, that such procedure shall not be construed to require the governmental entity to provide a format appeals procedure.
36-91-21.
(a) It shall be unlawful to let out any public works construction contracts subject to the requirements of this chapter without complying with the competitive award requirements contained in this Code section. Any contractor who performs any work of the kind in any other manner and who knows that the public works construction contract was let out without complying with the notice and competitive award requirements of this chapter shall not be entitled to receive any payment for such work.
(b) Any competitive sealed bidding process shall comply with the following requirements:
(1) The governmental entity shall publicly advertise an invitation for bids;
(2) Bidders shall submit sealed bids based on the criteria set forth in such invitation;

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(3) The governmental entity shall open the bids publicly and evaluate such bids without discussions with the bidders; and

(4) The contract shall be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids; provided, however, that if the bid from the lowest responsible and responsive bidder exceeds the funds budgeted for the public works construction contract, the governmental entity may negotiate with such apparent low bidder to obtain a contract price within the budgeted amount. Such negotiations may include changes in the scope of work and other bid requirements.

(c) (1) In making any competitive sealed proposal, a governmental entity shall:

(A) Publicly advertise a request for proposals, which request shall include conceptual program information in the request for proposals describing the requested services in a level of detail appropriate to the project delivery method selected for the project, as well as the relative importance of the evaluation factors;

(B) Open all proposals received at the time and place designated in the request for proposals so as to avoid disclosure of contents to competing offerors during the process of negotiations; and

(C) Make an award to the responsible and responsive offeror whose proposal is determined in writing to be the most advantageous to the governmental entity, taking into consideration the evaluation factors set forth in the request for proposals. The evaluation factors shall be the basis on which the award decision is made. The contract file shall indicate the basis on which the award is made.

(2) As set forth in the request for proposals, offerors submitting proposals may be afforded an opportunity for discussion, negotiation, and revision of proposals. Discussions, negotiations, and revisions may be permitted after submission of proposals and prior to award for the purpose of obtaining best and final offers. In accordance with the request for proposals, all responsible offerors found by the governmental entity to have submitted proposals reasonably susceptible of being selected for award shall be given an opportunity to participate in such discussions, negotiations, and revisions. During the process of discussion, negotiation, and revision, the governmental entity shall not disclose the contents of proposals to competing offerors.

(d) Whenever a public works construction contract for any governmental entity subject to the requirements of this chapter is to be let out by competitive sealed bid or proposal, no person, by himself or herself or otherwise, shall prevent or attempt to prevent competition in such bidding or propos-

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als by any means whatever. No person who desires to procure such work for himself or herself or for another shall prevent or endeavor to prevent anyone from making a bid or proposal therefor by any means whatever, nor shall such person so desiring the work cause or induce another to withdraw a bid or proposal for the work.

(e) Before commencing the work, any person who procures such public work by bidding or proposal shall make an oath in writing that he or she has not directly or indirectly violated subsection (d) of this Code section. The oath shall be filed by the officer whose duty it is to make the payment. If the contractor is a partnership, all of the partners and any officer, agent, or other person who may have represented or acted for them in bidding for or procuring the contract shall also make the oath. If the contractor is a corporation, all officers, agents, or other persons who may have acted for or represented the corporation in bidding for or procuring the contract shall make the oath. If such oath is false, the contract shall be void, and all sums paid by the governmental entity on the contract may be recovered by appropriate action.
(f) If any member of a governmental entity lets out any public works construction contract subject to the requirements of this article and receives, takes, or contracts to receive or take, either directly or indirectly, any part of the pay or profit arising out of any such contract, he or she shall be guilty of a misdemeanor.
(g) No public works construction contract with a governing authority shall be valid for any purpose unless the contractor shall comply with all bonding requirements of this chapter. No such contract shall be valid if any governmental entity lets out any public works construction contract subject to the requirements of this chapter without complying with the requirements of this chapter.

36-91-22.

(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 $100,000.00. Public works construction projects shall not be subdivided in an effort to evade the provisions of this chapter.

(b) Any governmental entity having a correctional institution shall have the power and authority to purchase material for and use inmate labor in performing public works construction projects; and in such cases, this chapter shall not apply. Any governmental entity may contract with a governmental entity having a correctional institution for the use of inmate labor from such institution and use the inmates in the performance of any public works construction project; and in such cases, this chapter shall not apply.

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(c) In the event that the labor used or to be used in a public works construction project is furnished at no expense by the state or federal government or any agency thereof, the governing authority shall have the power and authority to purchase material for such public works construction project and use the labor furnished free to the governmental entity; and in such case, this chapter shall not apply.

(d) Where a public works construction contract involves the expenditure of federal assistance or funds, the receipt of which is conditioned upon compliance with federal laws or regulations regarding the procedures for awarding public works construction contracts, a governmental entity shall comply with such federal requirements and shall not be required to comply with the provisions of this chapter that differ from the federal requirements. The governmental entity shall provide notice that federal procedures exist for the award of such contracts in the advertisement required by subsection (b) of Code Section 36-91-20. The availability and location of such federal requirements shall be provided to any person requesting such information.

(e) The requirements of this chapter shall not apply to public works construction projects necessitated by an emergency; provided, however, that the nature of the emergency shall be described in the minutes of the governing authority. Any contract let by a county pursuant to this subsection shall be ratified, as soon as practicable, on the minutes of the governing authority, and the nature of the emergency shall be described therein.

(f) The requirements of this chapter shall not apply to public works construction projects subject to the requirements of Chapter 4 of Title 32.

(g) The requirements of this chapter shall not apply to public works construction projects or any portion of a public works construction project selfperformed 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 $100,000.00.

(h) The requirements of this chapter shall not apply to sole source public works construction contracts.

ARTICLE 3

36-9140.

(a) (1) Any bid bond, performance bond, payment bond, or security deposit required for a public works construction contract shall be approved and filed with the treasurer or the person performing the duties usually performed by a treasurer of the obligee named therein. At the option of the governmental entity, if the surety named in the bond is other than a surety company authorized by law to do business in this state pursuant to

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a current certificate of authority to transact surety business by the Commissioner of Insurance, such bond shall not be approved and filed unless such surety is on the United States Department of Treasury's list of approved bond sureties.

(2) Any bid bond, performance bond, or payment bond required by this Code section shall be approved as to form and as to the solvency of the surety by an officer of the governmental entity negotiating the contract on behalf of the governmental entity. In the case of a bid bond, such approval shall be obtained prior to acceptance of the bid or proposal. In the case of payment bonds and performance bonds, such approval shall be obtained prior to the execution of the contract.

(b) Whenever, in the judgment of the obligee:

(1) Any surety on a bid, performance, or payment bond has become insolvent;

(2) Any corporate surety is no longer certified or approved by the Commissioner of Insurance to do business in the state; or

(3) For any cause there are no longer proper or sufficient sureties on any or all of the bonds,
the obligee may require the contractor to strengthen any or all of the bonds or to furnish a new or additional bond or bonds within ten days. Thereupon, if so ordered by the obligee, all work on the contract shall cease unless such new or additional bond or bonds are furnished. If such bond or bonds are not furnished within such time, the obligee may terminate the contract and complete the same as the agent of and at the expense of the contractor and his or her sureties.

36-9141.

(a) Bid bonds shall be required for all public works construction contracts subject to the requirements of this article with estimated bids or proposals over $100,000.00; provided, however, that a governmental entity may require a bid bond for projects with estimated bids or proposals of $100,000.00 or less.

(b) In the case of competitive sealed bids, except as provided in Code Sections 36-9143 and 36-9144, a bid may not be revoked or withdrawn until 60 days after the time set by the governmental entity for opening of bids. Upon expiration of this time period, the bid will cease to be valid, unless the bidder provides written notice to the governmental entity prior to the scheduled expiration date that the bid will be extended for a time period specified by the governmental entity.

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(c) In the case of competitive sealed proposals, the governmental entity shall advise offerors in the request for proposals of the number of days that offerors will be required to honor their proposals; provided, however, that if an offeror is not selected within 60 days of opening the proposals, any offeror that is determined by the governmental entity to be unlikely of being selected for contract award shall be released from his or her proposal.

(d) If a governmental entity requires a bid bond for any public works construction contract, no bid or proposal for a contract with the governmental entity shall be valid for any purpose unless the contractor shall give a bid bond with good and sufficient surety or sureties approved by the governing authority. The bid bond shall be in the amount of not less than 5 percent of the total amount payable by the terms of the contract. No bid or proposal shall be read aloud or considered if a proper bid bond or other security authorized in Code Section 36-9142 has not been submitted. The provisions of this subsection shall not apply to any bid or proposal for a contract that is required by law to be accompanied by a proposal guaranty and shall not apply to any bid or proposal for a contract with any public agency or body which receives funding from the United States Department of Transportation and which is primarily engaged in the business of public transportation.

36-9142.

(a) In lieu of the bid bond provided for in Code Section 36-9141, the governmental entity may accept a cashier's check, certified check, or cash in the amount of not less than 5 percent of the total amount payable by the terms of the contract payable to and for the protection of the governmental entity for which the contract is to be awarded.

(b) When the amount of any bid bond required under this article does not exceed $300,000.00, the governmental entity may, in its sole discretion, accept an irrevocable letter of credit issued by a bank or savings and loan association, as defined in Code Section 7-14, in the amount of and in lieu of the bond otherwise required under Code Section 36-9141.

36-9143.

(a) Any governmental entity receiving bids subject to this article shall permit a bidder to withdraw a bid from consideration after the bid opening without forfeiture of the bid security if the bidder has made an appreciable error in the calculation of his or her bid and if:

(1) Such error in the calculation of his or her bid can be documented by clear and convincing written evidence;

(2) Such error can be clearly shown by objective evidence drawn from inspection of the original work papers, documents, or materials used in the preparation of the bid sought to be withdrawn;

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(3) The bidder serves written notice upon the governmental entity which invited proposals for the work prior to the award of the contract and not later than 48 hours after the opening of bids, excluding Saturdays, Sundays, and legal holidays;
(4) The bid was submitted in good faith and the mistake was due to a calculation or clerical error, an inadvertent omission, or a typographical error as opposed to an error in judgment; and

(5) The withdrawal of the bid will not result in undue prejudice to the governmental entity or other bidders by placing them in a materially worse position than they would have occupied if the bid had never been submitted.
(b) In the event that an apparent successful bidder has withdrawn his or her bid as provided in subsection (a) of this Code section, action on the remaining bids should be considered as though the withdrawn bid had not been received. In the event the project is relet for bids, under no circumstances shall a bidder who has filed a request to withdraw a bid be permitted to resubmit a bid for the work.
(c) No bidder who is permitted to withdraw a bid pursuant to subsection (a) of this Code section shall for compensation supply any material or labor to, or perform any subcontract or other work agreement for, the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.
36-91-44.

(a) As used in this Code section, the term 'corporation' means with respect to any corporation, any other corporation related thereto:
(1) As a parent corporation;
(2) As a subsidiary corporation;

(3) As a sister corporation; (4) By common ownership or control; or (5) By control of one corporation by the other.

(b) In any case where two or more affiliated corporations bid for a contract under this Code section and any one or more of such affiliated corporations subsequently rescind or revoke their bid or bids in favor of another such affiliated corporation whose bid is for a higher amount and the contract is awarded at such higher amount to other affiliated corporation, then the bid

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bond, proposal guaranty, or other security otherwise required under this article of each affiliated corporation rescinding or revoking its bid shall be forfeited.

36-91-45.

The obligee in any bid bond required to be given in accordance with this article shall be entitled to maintain an action thereon at any time upon any breach of such bond; provided, however, that no action may be instituted on the bonds or security deposits after one year from the completion of the contract and the acceptance of the public work by the governmental entity.

ARTICLE 4

36-91-50.

Performance bonds shall be required for all public works construction contracts subject to the requirements of this chapter with an estimated contract amount greater than $100,000.00; provided, however, that a governmental entity may require a performance bond for a public works construction contracts that are estimated at $100,000.00 or less. No public works construction contract requiring a performance bond shall be valid for any purpose unless the contractor shall give such performance bond. The performance bond shall be in the amount of at least the total amount payable by the terms of the contract and shall be increased as the total amount payable due to the contract is increased.

36-91-51.

When the amount of the performance bond required under this article does not exceed $300,000.00 the governmental entity may, in its sole discretion, accept an irrevocable letter of credit by a bank or savings and loan association, as defined in Code Section 7-1-4, in the amount of and in lieu of the bond otherwise required under this article.

36-91-52.

The obligee in any performance bond required to be given in accordance with this article shall be entitled to maintain an action thereon at any time upon any breach of such bond; provided, however, no action can be instituted on the bonds or security deposits after one year from the completion of the contract and the acceptance of the public work by the governmental entity.

ARTICLE 5

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36-91-70.
Payment bonds shall be required for all public works construction contracts subject to the requirements of this chapter with an estimated contract amount greater than $100,000.00; provided, however, that a governmental entity may require a payment bond for public works construction contracts that are estimated at $100,000.00 or less. No public works construction contract requiring a payment bond shall be valid for any purpose, unless the contractor shall give such payment bond; provided, however, that, in lieu of such payment bond, the governmental entity, in its discretion, may accept a cashier's check, certified check, or cash in an amount not less than the total amount payable by the terms of the contract for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of work provided in the contract.
36-91-71.
If a payment bond or security deposit, together with an affidavit, when necessary, is not taken in the manner and form required in this article, the corporation or body for which work is done under the contract shall be liable to all subcontractors and to all persons furnishing labor, skill, tools, machinery, or materials to the contractor or subcontractor thereunder for any loss resulting to them from such failure. No agreement, modification, or change in the contract, change in the work covered by the contract, or extension of time for the completion of the contract shall release the sureties of such payment bond.
36-91-72.
(a) The contractor furnishing the payment bond or security deposit shall post on the public works construction site and file with the clerk of the superior court in the county in which the site is located a notice of commencement no later than 15 days after the contractor physically commences work on the project and supply a copy of the notice of commencement to any subcontractor, materialman, or person who makes a written request of the contractor. Failure to supply a copy of the notice of commencement within ten calendar days of receipt of the written request from the subcontractor, materialman, or person shall render the provisions of paragraph (1) of subsection (a) of Code Section 36-91-73 inapplicable to the subcontractor, materialman, or person making the request. The notice of commencement shall include:
(1) The name, address, and telephone number of the contractor;
(2) The name and location of the public work being constructed or a general description of the improvement;

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(3) The name and address of the governmental entity that is contracting for the public works construction;

(4) The name and address of the surety for the performance and payment bonds, if any; and

(5) The name and address of the holder of the security deposit provided, if any.
(b) The failure to file a notice of commencement shall render the notice to contractor requirements of paragraph (1) of subsection (a) of Code Section 36-91-73 inapplicable.

(c) The clerk of the superior court shall file the notice of commencement within the records of that office and maintain an index separate from other real estate records or an index with the preliminary notices specified in subsection (a) of Code Section 44-14-361.3. Each such notice of commencement shall be indexed under the name of the governmental entity and the name of the contractor as contained in the notice of commencement.

36-91-73.

(a) Every person entitled to the protection of the payment bond or security deposit required to be given who has not been paid in full for labor or material furnished in the prosecution of the work referred to in such bond or security deposit before the expiration of a period of 90 days after the day on which the last of the labor was done or performed by such person or the material or equipment or machinery was furnished or supplied by such person for which such claim is made, or when he or she has completed his or her subcontract for which claim is made, shall have the right to bring an action on such payment bond or security deposit for the amount, or the balance thereof, unpaid at the time of the commencement of such action and to prosecute such action to final execution and judgment for the sum or sums due such person; provided, however, that:

(1) Any person having direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the contractor furnishing such payment bond or security deposit on a public works construction project where the contractor has not complied with the notice of commencement requirements shall have the right of action upon the payment bond or security deposit upon giving written notice to the contractor within 90 days from the day on which such person did or performed the last of the labor or furnished the last of the material or machinery or equipment for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was performed or done. The notice to the contractor may be served by registered or certified mail, postage prepaid, duly addressed to the contractor, at any place at which

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the contractor maintains an office or conducts his or her business or at his or her residence, by depositing such notice in any post office or branch post office or any letter box under the control of the United States Postal Service; alternatively, notice may be served in any manner in which the sheriffs of this state are authorized by law to serve summons or process; and
(2) Any person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the contractor furnishing such payment bond or security deposit on a public works construction project where the contractor has complied with the notice of commencement requirements in accordance with subsection (a) of Code Section 36-91-72 shall have the right of action on the payment bond or security deposit, provided that such person shall, within 30 days from the filing of the notice of commencement or 30 days following the first delivery of labor, material, machinery, or equipment, whichever is later, give to the contractor a written notice setting forth:

(A) The name, address, and telephone number of the person providing labor, material, machinery, or equipment;

(B) The name and address of each person at whose instance the labor, material, machinery, or equipment is being furnished;
(C) The name and the location of the public works construction site; and
(D) A description of the labor, material, machinery, or equipment being provided and, if known, the contract price or anticipated value of the labor, material, machinery, or equipment to be provided or the amount claimed to be due, if any.
(b) Nothing contained in this Code section shall limit the right of action of a person entitled to the protection of the payment bond or security deposit required to be given pursuant to this article to the 90 day period following the day on which such person did or performed the last of the labor or furnished the last of the material or machinery or equipment for which such claim is made.
(c) Every action instituted under this Code section shall be brought in the name of the claimant without making the governmental entity for which the work was done or was to be done a party to such action.
36-91-74.
The official who has the custody of the bond or security deposit required by this article is authorized and directed to furnish to any person making application therefor a copy of the bond or security deposit agreement and the contract for which it was given, certified by the official who has custody of

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the bond or security deposit. With his or her application, such person shall also submit an affidavit that he or she has supplied labor or materials for such work and that payment therefor has not been made or that he or she is being sued on any such bond or security deposit. Such copy shall be primary evidence of the bond or security deposit and contract and shall be admitted in evidence without further proof. Applicants shall pay for such certified copies and such certified statements such fees as the official fixes to cover the cost of preparation thereof, provided that in no case shall the fee fixed exceed the fees which the clerks of the superior courts are permitted to charge for similar copies.

36-91-75.

No action can be instituted on the payment bonds or security deposits after one year from the completion of the contract and the acceptance of the public works construction by the proper public authorities. Every action instituted under this article shall be brought in the name of the claimant, without the governmental entity for which the work was done or was to be done being made a party thereto."

SECTION 2.

Said title is further amended by striking Code Sections 36-10-2, relating to the letting of contracts for public works; 36-10-3, relating to the posting and publication of notice and specifications; 36-104, relating to bonds of contractors and related matters; and 36-10-5, relating to illegal letting of certain contracts and related matters, and inserting in lieu thereof, respectively, the following:

"36-10-2.

Reserved.

36-10-3.

Reserved.

36-104.

Reserved.

36-10-5.

Reserved."

SECTION 3.

Said title is further amended by striking in its entirety Code Section 36-39-8, relating to a resolution letting contract for improvements following time for protests or filing of petition, and inserting in lieu thereof the following:

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"36-39-8.

Mter the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest is filed, or on receipt of a petition for an improvement signed by the owners of a majority of the frontage of the land to be assessed, if the petition is found to be in proper form and properly executed, the governing body shall adopt a resolution reciting that no protest has been filed or that a petition was filed, as the case may be, and expressing the determination of the governing body to proceed with the improvement. The resolution shall state the kind of improvement, define the extent and character of the same, and specifY such other matters as may be necessary to instruct the engineer employed by the municipal corporation in the performance of his or her duties in preparing for such improvement the necessary plans, plats, profiles, specifications, and estimates. The resolution shall set forth any and all such reasonable terms and conditions as the governing body deems proper to impose with reference to the letting of the contract and the provisions thereof. The governing body, by such resolution, shall provide that the contractor shall execute to the municipal corporation a good and sufficient bond, as provided in Code Section 36-9122, and may also require a bond in an amount to be stated in the resolution for the maintenance of the good condition of the improvements for a period of not less than five years from the time of completion, in the discretion of the governing body. The resolution shall also direct the clerk of the municipal corporation to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements."
SECTION 4.
Said title is further amended by striking in its entirety Article 4 of Chapter 82, relating to bonds for public contractors, and inserting in lieu thereof the following:

"ARTICLE 4 RESERVED"
SECTION 5.

Said title is further amended by striking in its entirety Chapter 84, relating to competition for public work bids, and inserting in lieu thereof the following:
"CHAPTER 84 RESERVED"

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SECTION 6.

Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds or other securities and bonds or other security required on contracts for public works and related matters, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:

"13-10-1.
(a) (1) If the state or any public board or body thereof requires a bid bond for any particular public work, no bid for a contract with the state or any public board or body thereof for the doing of such public work shall be valid for any purpose, unless the contractor shall give a bid bond with good and sufficient surety or sureties approved by the governing authority for the faithful acceptance of the contract payable to, in favor of, and for the protection of the state or public board or body thereof for which the contract is to be awarded. The bid bond shall be in the amount of not less than 5 percent of the total amount payable by the terms of the contract. No bid shall be read aloud or considered if a proper bid bond or other security authorized in paragraph (2) of this subsection has not been submitted. The provisions of this subsection shall not apply to any bid for a contract which is required by law to be accompanied by a proposal guaranty and shall not apply to bids for contracts with any public agency or body which receives funding from the United States Department of Transportation and which is primarily engaged in the business of public transportation.

(2) In lieu of the bid bond provided for in paragraph (1) of this subsection, the state or any public board or body thereof may accept a cashier's check, certified check, or cash in the amount of not less than 5 percent of the total amount payable by the terms of the contract payable to and for the protection of the state or public board or body thereof for which the contract is to be awarded.

(3) (A) Any public entity receiving bids subject to this subsection shall permit a bidder to withdraw its bid from consideration after the bid opening without forfeiture of its bid security if:

(i) The bidder has made an appreciable error in the calculation of his or her bid that can be documented by clear and convincing written evidence;
(ii) Such errors can be clearly shown by objective evidence drawn from inspection of the original work papers, documents, or materials used in the preparation of the bid sought to be withdrawn;

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(iii) The bidder serves written notice upon the public entity which invited proposals for the work prior to the award of the contract and not later than 48 hours after the opening of bids, excluding Saturdays and Sundays and legal holidays;

(iv) The bid was submitted in good faith and the mistake was due to a calculation or clerical error, an inadvertent omission, or a typographical error as opposed to an error in judgment; and

(v) The withdrawal of the bid will not result in undue prejudice to the public entity or other bidders by placing them in a materially worse position than they would have occupied if the bid had never been submitted.
(B) In the event that the apparent successful bidder has withdrawn its bid, action on the remaining bids should be considered as though the withdrawn bid had not been received.

(C) In the event the project is relet for bids, under no circumstances shall the bidder who has filed a request to withdraw be permitted to rebid the work.

(D) No bidder who is permitted to withdraw a bid shall for compensation supply any material or labor to, or perform any subcontract or other work agreement for, the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.
(b) No contract with this state or any public board or body thereof, for the doing of any public work shall be valid for any purpose, unless the contractor shall give:
(1) A performance bond with good and sufficient surety or sureties payable to, in favor of, and for the protection of the state or public board or body thereof for which the work is to be done. The performance bond shall be in the amount of at least the total amount payable by the terms of the contract;

(2) (A) A payment bond with good and sufficient surety or sureties, payable to the state or public board or body thereof for which the work is to be done, and for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the contract. The payment bond shall be in the amount of at least the total amount payable by the terms of the contract.

(B) In lieu of the payment bond provided for in subparagraph (A) of this paragraph, the state or any public board or body thereof may accept a cashier's check, certified check, or cash in the amount of at least

GEORGIA LAWS 2000 SESSION

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the total amount payable by the terms of the contract for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of work provided in the contract.

(c) This Code section shall not apply where the total contract price does not exceed $40,000.00; provided, however, that the state or any department or agency thereof may in its discretion require performance and payment bonds or bid bonds or other security for any public works contract.

(d) Where the amount of any bond required under the other subsections of this Code section does not exceed $300,000.00, the state or any public board or body thereof may, in its sole discretion, accept an irrevocable letter of credit issued by a bank or savings and loan association, as defined in Code Section 7-1-4, in the amount of and in lieu of the bond otherwise required under the other subsections of this Code section.

(e)(1) As used in this subsection, the term 'affiliated corporation' means with respect to any corporation any other corporation related thereto: as a parent corporation; as a subsidiary corporation; as a sister corporation; by common ownership or control; or by control of one corporation by the other. For purposes of this subsection, a corporation shall include a person or a company.

(2) In any case where two or more affiliated corporations bid for a contract under this Code section and any one or more of such affiliated corporations subsequently rescind or revoke their bid or bids in favor of another such affiliated corporation whose bid is for a higher amount and the contract is awarded at such higher amount to such other affiliated corporation, then the bid bond, proposal guaranty, or other security otherwise required under this Code section of each affiliated corporation rescinding or revoking its bid shall be forfeited.

(f) Any bid bond, performance bond, or payment bond required by this Code section shall be approved as to form and as to the solvency of the surety by the officer of the state or public board or body thereof who negotiates the contract on behalf of the public entity. Said approval shall be obtained prior to the bid's being accepted."

SECTION 7.

Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract generally, is amended by striking in its entirety Code Section 32-2-72, relating to an oath by a successful bidder, and inserting in lieu thereof the following:

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"32-2-72.
A successful bidder, before commencing the work, shall execute a written oath, as required by Code Section 36-91-40, stating that he or she has not violated such Code section which makes it unlawful to restrict competitive bidding."

SECTION 8.

Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and municipal road systems, is amended by striking in its entirety paragraph (1) of Code Section 32-4-42, relating to the powers of a county with respect to its county road system, and inserting in lieu thereof the following:

"(1) A county shall have the authority to negotiate, let, and enter into contracts with any person or any agency, county, or municipality of the state for the construction, maintenance, administration, or operation of any public road or activities incident thereto in such manner and subject to such express limitations as may be provided by Part 2 of this article or any other provision of law. A county shall also have the authority to perform such road work with its own forces or with a combination of its own forces and the work of a contractor, notwithstanding any contrary provisions of Chapter 91 of Title 36;".

SECTION 9.

Said chapter is further amended by striking in its entirety paragraph (3) of Code Section 32-4-63, relating to limitations on the power of a county to contract, and inserting in lieu thereof the following:

"(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;".

SECTION 10.

Said chapter is further amended by striking in its entirety subsection (a) of Code Section 32-4-65, relating to advertising for bids, and inserting in lieu thereof the following:

"(a) Notwithstanding any provision of Chapter 91 of Title 36 and of any other provision of law to the contrary, on all contracts to be let by public bid a county shall advertise for competitive sealed bids for at least two weeks. The public advertisement shall be inserted once a week for two weeks in such newspaper wherein the county sheriff's sales are advertised or in such other newspapers or publications, or both, as will ensure adequate

GEORGIA LAWS 2000 SESSION

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publicity, the first insertion to be two weeks prior to the opening of the sealed bids, the second to follow one week after the publication of the first insertion."

SECTION 11.

Said chapter is further amended by striking in its entirety Code Section 32-469, relating to the bonds of a successful bidder generally, and inserting in lieu thereof the following:

"32-4-69.

Notwithstanding any provlSlon of Code Section 36-91-22 to the contrary, when the price of a contract let to bid is $5,000.00 or more, no contract of a county shall be valid unless the contractor first shall give:

(1) A bond in the amount of the bid, with one good and solvent security, for the faithful performance of the contract and to indemnifY the county for any damages occasioned by a failure to perform the same within the prescribed time;

(2) The payment bond required by subsection (g) of Code Section 36-9121;

(3) Such other bonds required by the county in its advertisement for bids, including but not limited to public liability and property damage insurance bonds."

SECTION 12.

Said chapter is further amended by striking in its entirety subsection (a) of Code Section 32-4-71, relating to the failure to take bonds and the liability of a county, and inserting in lieu thereof the following:

"(a) If the payment bond required by paragraph (2) of Code Section 32-4-69 is not taken, the county shall be liable to subcontractors, laborers, materialmen, and other persons, as provided in Code Section 36-91-22, for losses to them resulting from failure to take such bond."

SECTION 13.

Said chapter is further amended by striking in its entirety Code Section 32-473, relating to the oath taken by a successful bidder, and inserting in lieu thereof the following:

"32-4-73.

A successful bidder, before commencing the work, shall execute a written oath, as required by Code Section 36-91-40, stating that he or she has not violated such Code section, which makes it unlawful to restrict competitive bidding."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 14.

Said chapter is further amended by striking in its entirety Code Section 32474, relating to the applicability of certain laws to the exercise of certain powers by counties, and inserting in lieu thereof the following:

"32-4-74.

Except as indicated to the contrary in this part, Chapter 91 of Title 36 shall apply to this part; and the term 'public works,' as used in Chapter 91 of Title 36 shall be construed to include public roads, as defined in Code Section 32-1-3."

SECTION 15.

Said chapter is further amended by striking in its entirety Code Section 324120, relating to the failure to take bonds and the liability of a municipality, and inserting in lieu thereof the following:

"32-4-120.

If the payment bond required by Code Section 32-4-119 is not taken, the municipality then shall be liable to subcontractors, laborers, materialmen, and other persons, as provided in Code Section 36-91-22, for losses to them resulting from failure to take such bond."

SECTION 16.

Said chapter is further amended by striking in its entirety Code Section 324123, relating to the applicability of certain laws to the exercise by municipalities of certain powers, and inserting in lieu thereof the following:
"324-123.

Except as indicated to the contrary in this part, Chapter 91 of Title 36 shall apply to this part."

SECTION 17.

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

SECTION 18.

All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 2000.

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521

EDUCATION - TEACHING CERTIFICATES; APPLICANTS WITHOUT TEACHER PREPARATION; ALTERNATIVE CERTIFICATION.

Code Section 20-2-200 Amended.

No. 664 (Senate Bill No. 336).

AN ACT

To amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the regulation of certificated professional personnel by the Professional Standards Commission, so as to provide that the Professional Standards Commission shall grant a renewable certificate at the four-year level in a teaching field to an applicant who has not completed a teacher preparation program if such applicant meets certain conditions; to specify such conditions for the granting of a renewable certificate at the four-year level; to provide that the Professional Standards Commission shall grant a renewable certificate at the five-year level in a teaching field to an applicant who did not complete an undergraduate teacher preparation program if such applicant meets certain conditions; to specify such conditions for the granting of a renewable certificate at the five-year level; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the regulation of certificated professional personnel by the Professional Standards Commission, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:

"(c) (1) The Professional Standards Commission shall grant a renewable certificate at the four-year level in a teaching field to an applicant who has not completed a teacher preparation program; provided, however, that such applicant meets the following conditions:

(A) Is the holder of a bachelor's degree from a regionally accredited college or university in a subject area field corresponding to an appropriate subject area certification classification established pursuant to subsection (a) of this Code section;

(B) Has satisfactorily completed a one-year supervised classroom internship involving the appropriate teaching field;

(C) Has obtained satisfactory results on tests and assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification; and

522

GENERAL ACTS AND RESOLUTIONS, VOL. I

(D) Has satisfied any additional requirements or standards of the alternative certification program established by rules or regulations of the Professional Standards Commission.

(2) The Professional Standard Commission shall establish rules and regulations to implement the requirements of this subsection as soon as practical."
SECTION 2.

Said Code section is further amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:

"(d) (1) The Professional Standards Commission shall grant a renewable certificate at the five-year level in a teaching field to an applicant who did not complete an undergraduate teacher preparation program; provided, however, that such applicant meets the following conditions:

(A) Is the holder of a master's degree or higher level degree from a regionally accredited college or university in a subject area field corresponding to an appropriate subject area certification classification established pursuant to subsection (a) of this Code section;

(B) Has satisfactorily completed a one-year supervised classroom internship involving the appropriate teaching field;

(C) Has obtained satisfactory results on tests and assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification; and

(D) Has satisfied any additional requirements or standards of the alternative certification program established by rules or regulations of the Professional Standards Commission.

(2) The Professional Standards Commission shall establish rules and regulations to implement the requirements of this subsection as soon as practical."

SECTION 3.

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

Approved April 20, 2000.

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MOTOR VEHICLES - TEMPORARY LICENSE PlATES; DELINQUENT VEHICLE REGISTRATION.

Code Sections 40-2-8, 40-2-40, and 40-2-41 Amended.

No. 665 (House Bill No. 823).

AN ACT

Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for issuance of temporary plates for vehicles sold by dealers of new and used motor vehicles and display of such temporary plates on recently purchased vehicles prior to registration; to provide for exceptions; to eliminate a fee charged delinquent owners of motor vehicles; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-8, relating to operation of an unregistered vehicle or a vehicle without a current license plate, revalidation decal, or county decal, and inserting in lieu thereof the following:

"40-2-8.

(a) Any person owning or operating any vehicle described in Code Section 40-2-20 on any public highway or street without complying with that Code section shall be guilty of a misdemeanor, provided that a person shall register his or her motor vehicle within 30 days after becoming a resident of this state. Any person renting, leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on any public highway or street without complying with that Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be a separate and distinct offense.

(b) (1) Any vehicle operated in the State of Georgia which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal affixed to a corner or corners of the license plate as designated by the commissioner, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia, unless such operation is otherwise permitted by this chapter.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) (A) It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated, unless such operation is otherwise permitted under this chapter; and provided, further, that the purchaser of a new vehicle or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the period within which the purchaser is required by Code Section 40-220 to register such vehicle; but the purchaser of any vehicle from a dealer of new or used motor vehicles shall display a temporary plate issued as provided by subparagraph (B) of this paragraph on the rear of such vehicle in the space provided for a license plate when such vehicle is operated on the public highways and streets of this state during such period prior to registration; unless such purchaser has made application to transfer to such vehicle in accordance with this chapter a valid license plate issued to him or her, in which event the license plate to be transferred shall be displayed on the vehicle during the period prior to registration; or unless such vehicle is to be registered under the International Registration Plan.

(B) (i) Any dealer of new or used motor vehicles shall issue to the purchaser of a vehicle at the time of sale thereof, unless at such time the purchaser makes application to transfer to such vehicle in accordance with this chapter a valid license plate issued to him or her or unless such vehicle is to be registered under the International Registration Plan, a temporary plate which may bear the dealer's name and location and shall bear, in characters not less than one-quarter of an inch wide and one and one-half inches high, the expiration date of the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle. Such temporary plates shall be made of heavy stock paper, inscribed with indelible ink, and designed to resist deterioration or fading due to exposure to the elements during the period for which display is required. The expiration date may be handprinted on the plate at the time of issuance by use of an indelible ink marker, with contrasting ink, provided that the month of expiration shall be indicated by complete word and not by any abbreviation or numeral. Such temporary plate shall not resemble a license plate issued by this state and shall be issued without charge or fee therefor. Such temporary plate shall be surrendered to the tag agent at the time the vehicle is registered, and the tag agent shall destroy such temporary plate. No such temporary plate shall be renewed or valid beyond the expiration date of the period within which the purchaser is required by Code Section 40-2-20 to register the vehicle. The requirements of this subparagraph do not apply to a dealer whose primary business is the sale of salvage motor vehicles and other vehicles on which total loss claims have been paid by insurers.

GEORGIA LAWS 2000 SESSION

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(ii) All temporary plates issued by dealers to purchasers of vehicles on or after January 1, 2001, shall be of a standard design prescribed by regulation promulgated by the Department of Revenue in accordance with the requirements of this subparagraph. Temporary plates issued by dealers to purchasers prior to such date may be of any design if such plates meet the requirements of this subparagraph.

(3) The purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the above penalties.

(c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid county decal designating the county where the vehicle was last registered, unless such operation is otherwise permitted under this chapter. Any person convicted of such offense shall be punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent such offense. However, a county name decal shall not be required if there is no space provided for a county name decal on the current license plate."

SECTION 2.

Said chapter is further amended by striking subsection (b) of Code Section 40240, relating to registration of delinquent vehicles and collection and disposition of penalties, and inserting in lieu thereof the following:

"(b) All applications for the registration of a delinquent vehicle shall, before being accepted by a tag agent, be first endorsed by a sheriff or a deputy sheriff, a chief of police or his or her designated representative, a state highway patrolman, a state revenue special agent or enforcement officer, a Department of Transportation enforcement officer, a tax commissioner, or a tax collector. The officer endorsing the delinquent application shall indicate, with his or her endorsement on the application, the total amount of the prescribed registration fee together with the 25 percent penalty provided in this Code section, and the full total of such amount shall be paid to the tag agent before any license plate or revalidation decal as provided for in this chapter shall be assigned to the applicant."

SECTION 3.

Said chapter is further amended by striking Code Section 40-241, relating to display of license plates, and inserting in lieu thereof the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"40-2-41.

Unless otherwise permitted under this chapter, every vehicle required to be registered under this chapter, which is in use upon the highways, shall at all times display the license plate issued to the owner for such vehicle, and the plate shall be fastened to the rear of the vehicle in a position so as not to swing and shall be at all times plainly visible. No person shall display on the rear of a motor vehicle any temporary or permanent plate or tag not issued by the State of Georgia which is intended to resemble a license plate which is issued by the State of Georgia. The commissioner is authorized to adopt rules and regulations so as to permit the display of a license plate on the front of certain vehicles. It shall be the duty of the operator of any vehicle to keep the license plate legible at all times. No license plate shall be covered with any material unless the material is colorless and transparent. No apparatus that obstructs or hinders the clear display and legibility of a license plate shall be attached to the rear of any motor vehicle required to be registered in the state. Any person who violates any provision of this Code section shall be guilty of a misdemeanor."

SECTION 4.

This Act shall become effective July 1, 2000.

SECTION 5.

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

Approved April 20, 2000.

HEALTH- END STAGE RENAL DISEASE FACILITIES; LICENSING; REGULATION.
Code Title 31, Chapter 43 Enacted. Code Section 31-2-6 Amended.
No. 666 (House Bill No. 646).
AN ACT
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the licensing of end stage renal disease facilities; to provide for definitions, fees, and rules; to provide for an advisory council, and its members, terms, compensation, and powers; to provide for exemptions; to provide licensing standards and procedures; to provide for regulation of dialysis and reuse technicians; to provide for inspections; to provide for penalties; to provide for disciplinary actions, civil penalties, injunctions, and administrative penalties; to provide for general fund deposits; to provide for appointment

GEORGIA lAWS 2000 SESSION

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of temporary managers and the conditions and procedures relating thereto; to provide for effective dates; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 31 of the Official Code of Georgia Annotated, relating to health, IS amended by adding at the end a new chapter to read as follows:

"CHAPTER 43

31-43-1.
As used in this chapter, the term:
(1) 'Dialysis' means a process by which dissolved substances are removed from a patient's body by diffusion, osmosis, and convection (ultrafiltration) from one fluid compartment to another across a semi-permeable membrane.
(2) 'Dialysis technician' means an individual who is not a registered nurse or physician and who provides dialysis care under the supervision of a registered nurse or physician.

(3) 'End stage renal disease' means that stage of renal impairment that appears irreversible and permanent and that requires a regular course of dialysis or kidney transplantation to maintain life.

(4) 'End stage renal disease facility' means a facility that provides dialysis treatment, home dialysis training, support services, or any combination thereof to individuals with end stage renal disease.
(5) 'Physician' means an individual who is licensed to practice medicine under Article 2 of Chapter 34 of Title 34.
(6) 'Reuse technician' means an individual who is not a registered nurse or licensed physician who performs the procedures necessary to clean and properly prepare kidney dialyzers for use for multiple treatments.

31-43-2.

The board shall set fees imposed by this chapter in amounts reasonable and necessary to defray the costs of administering this chapter with due consideration to the amount of funds received from the federal government by the department for performance of medicare certification surveys of dialysis clinics. In setting fees under this Code section, the board shall consider setting a range of license and renewal fees based upon the number of dialysis stations at each facility, but in no event shall the annual license fee exceed $1,500.00 per end stage renal disease facility.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

31-43-3.
(a) The board shall adopt rules to implement this chapter, including but not limited to requirements for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility. The rules adopted by the board pursuant to this Code section shall not conflict with any federal law or regulation applicable to end stage renal disease facilities or personnel thereof and shall set forth minimum standards for the health, safety, and protection of the patient being served.
(b) The department shall establish a Renal Dialysis Advisory Council to advise the department regarding licensing and inspection of end stage renal disease facilities. The council shall be composed of a minimum of 13 persons appointed by the board: one member recommended by the Dogwood Chapter of the American Nephrology Nurses Association; one member recommended by the Georgia Chapter of the American Association of Kidney Patients; two physicians specializing in nephrology recommended by the Georgia Renal Physicians Association; one member recommended by the National Kidney Foundation of Georgia; two administrators of facilities certified as outpatient dialysis facilities in Georgia; three members of the general public, two of whom shall be dialysis patients or family members of dialysis patients; one member representing technicians working in renal dialysis facilities; one member representing social workers working in renal dialysis facilities; and one member representing nutritionists working in renal dialysis facilities.

(c) Members of the council shall serve four-year terms and until their successors are appointed and qualified. No member of the council shall serve more than two consecutive terms. The council shall meet as frequently as the department considers necessary, but not less than twice each year. The council shall be consulted and have the opportunity to evaluate all rules promulgated by the department under this chapter applicable to end stage renal disease facilities prior to their adoption. Members shall serve without compensation.
31-43-4.
Except as provided by Code Section 31-43-5, no person, business entity, corporation, or association may operate an end stage renal disease facility without a license issued under this chapter. Any end stage renal disease facility which is in operation when this chapter becomes effective for all purposes, and which has been certified for participation in the federal medicare program shall be granted a license by the department upon payment of the applicable license fee. A license shall be effective for a 12 month period following the date of issue and shall expire one year following such date;

GEORGIA LAWS 2000 SESSION

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provided, however, a facility that has not been inspected during the year may continue to operate under its existing license until an inspection is made.
3143-5.

The following facilities are not required to be licensed under this chapter:

(1) A hospital permitted under Chapter 7 of this title that provides dialysis to individuals receiving services from the hospital;

(2) The office of a physician unless the office is used primarily as an end stage renal disease facility; or

(3) Federal or state agency facilities.

3143-6.
(a) An applicant for a license under this chapter must submit an application to the department on a form prescribed by the department.

(b) Each application must be accompanied by a nonrefundable $100.00 application fee.

(c) Each application must contain evidence that there are sufficient qualified staff at the facility.

(d) The department may grant a temporary provisional license to an applicant.

(e) The department shall issue a license if it finds the applicant meets the requirements of this chapter and the rules adopted under this chapter.

(f) The license is renewable periodically after submission of:

(1) The renewal application and fee; and (2) Satisfactory compliance with the rules adopted under this chapter.

3143-7.

The rules adopted under Code Section 3143-3 must contain minimum standards to protect the health and safety of a patient of an end stage renal disease facility.

3143-8.
An end stage renal disease facility may not employ or have working in that facility as a dialysis or reuse technician anyone other than an individual trained and competent pursuant to the rules promulgated under this chapter.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

31-43-9.

The rules adopted by the board under Code Section 31-43-3 shall establish:

(1) Minimum standards for the curricula and instructors used to train individuals to act as dialysis or reuse technicians;

(2) Minimum standards for the determination of the competency of individuals who have been trained as dialysis or reuse technicians;

(3) Minimum requirements for documentation that an individual has been trained and determined to be competent as a dialysis or reuse technician and the acceptance of that documentation by another end stage renal disease facility that may later employ the individual; and

(4) The acts and practices that are allowed or prohibited for dialysis or reuse technicians.

31-43-10.

(a) The department shall conduct periodic inspections of each end stage renal disease facility to verify compliance with this chapter and rules adopted under this chapter.

(b) An inspection conducted under this Code section shall be unannounced, except for initial inspections, location changes, or expansions.

31-43-11.

(a) The department is authorized to issue, deny, suspend, or revoke a license issued under this chapter for a violation of this chapter or a rule adopted under this chapter, or take other disciplinary actions against licensees as provided in Code Section 31-2-6.

(b) The denial, suspension, or revocation of a license by the department shall be a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

31-43-12.

A civil or administrative penalty collected under this chapter shall be deposited in the state treasury to the general fund.
31-43-13.

(a) A 'person holding a controlling interest in an end stage renal disease facility may, at any time, request the department to assume the management of the facility through the appointment of a temporary manager under this chapter.

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(b) Mter receiving the request, the department may enter into an agreement providing for the appointment of a temporary manager to manage the facility under conditions considered appropriate by both parties if the department considers the appointment desirable.

(c) An agreement under this section must:
(1) Specify all terms and conditions of the temporary manager's appointment and authority; and

(2) Preserve all rights granted by law of the individuals served by the facility.
(d) The primary duty of the temporary manager is to ensure that adequate and safe services are provided to patients until temporary management ceases.
(e) The appointment terminates at the time specified by the agreement.

31-43-14.
The department may request that the Attorney General bring an action to enjoin either the continued operation of the facility or the closing of the facility in the superior court of the county in which an end stage renal disease facility is located in the name of and on behalf of the state or for the appointment of a temporary manager to manage that end stage renal disease facility if:
(1) The facility is operating without a license;
(2) The department has denied, suspended, or revoked the facility's license, but the facility continues to operate;
(3) License denial, suspension, or revocation proceedings against the facility are pending and the department determines that an imminent or reasonably foreseeable threat to the health and safety of a patient of the facility exists;

(4) The department determines that an emergency exists that presents an immediate threat to the health and safety of a patient of the facility; or

(5) The facility is closing and arrangements for the care of patients by other licensed facilities have not been made before closure.

31-43-15.
(a) A temporary manager appointed under Code Section 31-43-13 or 31-4314 is entitled to a reasonable fee as determined by the court. The fee shall be paid by the facility.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) A temporary manager appointed under Code Section 31-43-13 may petition the court to order the release to such manager of any payment owed such manager for care and services provided to patients of the facility if the payment has been withheld.

(c) Withheld payments that may be released under subsection (b) of this Code section may include payments withheld by a governmental agency or other entity before or during the appointment of the temporary manager, including:
(1) Medicaid, medicare, or insurance payments; or

(2) Payments from another third party."

SECTION 2.

Said title is further amended by striking subsection (a) of Code Section 31-2-6, relating to actions against certain applicants or licensees, and inserting in its place the following:

"(a) This Code section shall be applicable to any agency, facility, institution, or entity subject to regulation by the department under Chapters 7, 13, 22, 23, and 43 of this title and Chapter 5 of Title 49. For purposes of this Code section, the term 'license' shall be used to refer to any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in this subsection."

SECTION 3.

This Act shall become effective only if funds are specifically appropriated for purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective for purposes of establishing rules and regulations when funds so appropriated become available for expenditure and shall become effective for all other purposes on the ninety-first day following the date such funds become so available.

SECTION 4.

This Act shall be automatically repealed at the end of the fifth calendar year following the date this Act has become effective for all purposes.

SECTION 5.

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

Approved April 20, 2000.

GEORGIA LAWS 2000 SESSION

533

REVENUE AND TAXATION - AD VALOREM TAXES; DEFERRAL FOR ELDERLY PERSONS.

Code Title 48, Chapter 5, Article 2, Part 2 Amended.

No. 667 (House Bill No. 1178).

AN ACT

To amend Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, the "Tax Deferral for the Elderly Act," so as to authorize such tax deferral with respect to certain municipal ad valorem taxes for municipal purposes; to change certain provisions regarding definitions; to change certain provisions regarding tax deferral; to change certain provisions regarding applications therefor; to change certain provisions regarding annual notification; to change certain provisions regarding changes in use of the subject property; to change certain provisions regarding prepayment of taxes and interest; to change certain provisions regarding distribution of payments; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, the "Tax Deferral for the Elderly Act," is amended by striking paragraph (2) of Code Section 48-5-71, relating to definitions, and inserting in its place new paragraphs (2) through (4) to read as follows:

"(2) 'Homestead exemption' means a homestead exemption pursuant to Code Section 48-5-44 with respect to state, county, and school purpose ad valorem taxes as provided in Code Section 48-5-44 and a homestead exemption pursuant to a local Act with respect to municipal ad valorem taxes for municipal purposes as provided in any such local Act.

(3) 'Household' means an individual or group of individuals living together in a room or group of rooms as a housing unit.

(4) 'Tax official' means the tax collector or tax commissioner with respect to state, county, and school purpose ad valorem taxes pursuant to Code Section 48-5-44 and the municipal governing authority or designee thereof with respect to municipal ad valorem taxes for municipal purposes pursuant to any local Act homestead exemption."

SECTION 2.

Said part is further amended by striking subsection (a) of Code Section 48-572, relating to tax deferral, and inserting in its place a new subsection (a) to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"(a) Any individual aged 62 or older who is entitled to claim a homestead exemption may elect to defer payment of all or part of the ad valorem taxes levied on such individual's homestead by filing an annual application for tax deferral with the appropriate tax official on or before April 1 of the year for which the deferral is sought. If the homestead for which a deferral is requested has an assessed value for purposes of ad valorem taxation of $50,000.00 or more, the deferral may apply only to the taxes on that portion of the assessed value which is $50,000.00 or less."

SECTION 3.

Said part is further amended by striking Code Section 48-5-74, relating to deferral applications, and inserting in its place a new Code Section 48-5-74 to read as follows:

"48-5-74.

(a) The application for deferral shall be made upon a form prescribed by the department and furnished by the appropriate tax official. The application form shall advise the applicant of the manner in which interest is computed. Each application form shall contain an explanation of the conditions to be met for approval and the conditions under which deferred taxes and interest become due, payable, and delinquent. Each application form shall clearly state that all deferrals pursuant to this part shall constitute a lien on the applicant's homestead.

(b) A form of oath shall be provided and shall be administered to the individual seeking the deferral. The oath may be administered by the appropriate tax official, any authorized deputy of the appropriate tax official, or any individual authorized by law to administer oaths.

(c) (1) The appropriate tax official shall consider each annual application for homestead tax deferral within 30 days of the date the application is filed or as soon as practicable thereafter. If the appropriate tax official finds that the applicant is entitled to the tax deferral, such official shall approve the application and file the application in the permanent records. If the appropriate tax official finds that the applicant is not entitled to the deferral, such official shall send a notice of disapproval to the applicant giving the reasons therefor within 30 days of the filing of the application either by personal delivery or by registered or certified mail to the mailing address given by the applicant, and such official shall make a return on the original notice of the manner in which the notice was served on the applicant and shall file the return among the permanent records of such official's office. The original notice of disapproval sent to the applicant shall advise the applicant of the right to appeal the decision of the appropriate tax official to the board of equalization and shall inform the appli cant of the procedure for filing an appeal.

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(2) An appeal of the decision of the appropriate tax official to the board of equalization shall be in writing on a form prescribed by the department and furnished by the appropriate tax official. The appeal shall be filed with the board within 20 days after the applicant's receipt of the notice of disapproval. The board shall review the application and evidence presented to the appropriate tax official upon which the applicant based such applicant's claim for a tax deferral and, at the election of the applicant, shall hear the applicant in person or by agent in such applicant's behalf on such applicant's right to a homestead tax deferral. The board of equalization shall reverse the decision of the appropriate tax official and shall grant a homestead tax deferral to the applicant if in its judgment the applicant is entitled thereto, or it shall affirm the decision of the appropriate tax official. Such action by the board of equalization shall be final unless the applicant, appropriate tax official, or other lienholder files an appeal with the superior court of the county in which the property lies within 30 days from the date the taxpayer receives written notification of the decision of the board of equalization.

(d) Each application shall contain a list, and the current value, of all outstanding liens on the applicant's homestead.

(e) If proof of fire and extended coverage insurance has not been furnished with a prior application, each applicant shall furnish proof of such insurance in an amount which is in excess of the sum of all outstanding liens and deferred taxes and interest with a loss payable clause to the appropriate tax official."

SECTION 4.

Said part is further amended by striking Code Section 48-5-77, relating to annual notification, and inserting in its place a new Code Section 48-5-77 to read as follows:

"48-5-77.

Each year, at the time the tax bills are mailed, the appropriate tax official shall notify each property owner to whom a homestead tax deferral has been previously granted of the accumulated sum of deferred taxes and interest outstanding."

SECTION 5.

Said part is further amended by striking Code Section 48-5-78, relating to changes in use of the subject property, and inserting in its place a new Code Section 48-5-78 to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"48-5-78.

(a) In the event that there is a change in use of tax-deferred property so that the owner is no longer entitled to a homestead exemption for the property, or if the owner fails to maintain the required fire and extended insurance coverage, the total amount of deferred taxes and interest for all previous years shall be due and payable either on the date on which the change in use occurs or on the date failure to maintain insurance occurs.

(b) In the event that there is a change in ownership of tax-deferred property, the total amount of deferred taxes and interest for all previous years shall be due and payable on the date the change in ownership occurs. When, however, the change in ownership is to a surviving spouse and the spouse is eligible for a homestead exemption on the property, the surviving spouse may continue the deferral of previously deferred taxes and interest pursuant to this part.

(c) During any year in which the total amount of deferred taxes, interest, and all other unsatisfied liens on a homestead exceeds 85 percent of the fair market value of the homestead, the appropriate tax official shall immediately notify the owner of the homestead that the portion of taxes and interest which exceeds 85 percent of the value of the homestead shall be due and payable within 30 days of receipt of the notice. Failure to pay the amount due shall cause the total amount of deferred taxes and interest also to become due and payable at the end of the 30 days.

(d) Each year, upon notification, each owner of property on which taxes and interest have been deferred shall submit to the appropriate tax official a list, and the current value, of all outstanding liens on the owner's homestead. Failure to respond to the notification within 30 days of its receipt shall cause the total amount of deferred taxes and interest to become due and payable at the end of the 30 days.

(e) All deferred taxes which are made due and payable by this Code section shall be delinquent and subject to interest in accordance with Code Section 48-5-75 at the end of 120 days following the date the deferred taxes become due and payable."

SECTION 6.

Said part is further amended by striking Code Section 48-5-79, relating to prepayment of taxes and interest, and inserting in its place a new Code Section 48-5-79 to read as follows:
"48-5-79.

(a) All or part of the deferred taxes and accrued interest may be paid at any time to the appropriate tax official by:

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(1) The owner of the property or the spouse of the owner; or

(2) The next of kin of the owner, heir of the owner, child of the owner, or any person having or claiming a legal or equitable interest in the property, provided that no objection is made by the owner within 30 days after the appropriate tax official notifies the owner of the fact that such payment has been tendered. Any payment made under this paragraph shall be deposited in a special escrow account for the 30 day period; and the appropriate tax official shall not make distribution of the amount under Code Section 48-6-74 while the funds are held in escrow.

(b) Any partial payment made pursuant to this Code section shall be applied first to accrued interest. By resolution of the appropriate county or municipal governing authority, a minimum amount of partial payment which may be accepted in the county or municipality pursuant to this part may be established. The required minimum payment shall not exceed $25.00."

SECTION 7.

Said part is further amended by striking Code Section 48-5-80, relating to distribution of payments, and inserting in its place a new Code Section 48-5-80 to read as follows:

"48-5-80.

When any deferred taxes or interest is collected, the appropriate tax official shall maintain a record of the payment, which record shall contain a description of the property and the amount of taxes or interest collected for the property. The appropriate tax official shall distribute payments received to the local tax jurisdictions to whom the taxes and interest are owed."

SECTION 8.

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

Approved April 20, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

PROFESSIONS AND BUSINESSES - ACUPUNCTURE; LICENSING; REGUlATION.

Code Section 43-9-16 Amended. Code Title 43, Chapter 34, Article 3 Enacted.

No. 672 (House Bill No. 814).

AN ACT

To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for the licensing of persons to practice acupuncture and provide for powers of the Composite State Board of Medical Examiners with respect to such licensing; to provide for a short title, legislative findings, and definitions; to provide for an advisory committee and its composition, compensation, and duties; to provide for requirements for licensure; to provide for applications, licenses, and their renewal; to provide for inactive status; to provide for informed consent; to prohibit certain conduct and provide sanctions therefor; to prohibit certain practices and representations and provide for exceptions and penalties relating thereto; to amend Code Section 439-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractic, so as to authorize certain chiropractors to use acupuncture; 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 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by adding a new Article 3 to read as follows:

"ARTICLE 3

43-34-60.

This article shall be known and may be cited as the 'Acupuncture Act of Georgia.'

43-34-61.

The General Assembly finds and declares that the practice of acupuncture in Georgia affects the public health, safety, and welfare and that it is necessarily a proper subject of regulation and control.

43-34-62.

As used in this article, the term:

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(1) 'Acupuncture' means a form of therapy developed from traditional and modern Oriental concepts for health care that employs Oriental medical techniques, treatment, and adjunctive therapies for the promotion, maintenance, and restoration of health and the prevention of disease.

(2) 'Auricular (ear) detoxification therapy' means the insertion of disposable acupuncture needles into the five auricular acupuncture points stipulated by the National Acupuncture Detoxification Association protocol for the sole purpose of treatment of chemical dependency.

(3) 'Board' means the Composite State Board of Medical Examiners created by Code Section 43-34-21.

(4) 'Practice of acupuncture' means the insertion of disposable acupuncture needles and the application of moxibustion to specific areas of the human body based upon Oriental medical principles as a therapeutic modality. Adjunctive therapies within the scope of acupuncture may include manual, mechanical, herbal, thermal, electrical, and electromagnetic treatment and the recommendation of dietary guidelines and exercise, but only if such treatments, recommendations, and exercises are based on concepts of traditional Oriental medicine and are directly related to acupuncture therapy.

43-34-63.

The board, in consultation with the advisory committee, shall have the power and responsibility to:

(1) Determine the qualifications and fitness of applicants for licensure and renewal of licensure;

(2) Adopt and revise rules consistent with the laws of this state that are necessary to conduct its business, carry out its duties, and administer this article;

(3) Examine for, approve, issue, deny, revoke, suspend, and renew the licenses of acupuncture applicants and licensed acupuncturists under this article and conduct hearings in connection with these actions;

(4) Conduct hearings on complaints concerning violations of this article and the rules adopted under this article and cause the prosecution and enjoinder of the violations;

(5) Establish application, examination, and licensure fees;

(6) Request and receive the assistance of state educational institutions or other state agencies and prepare information of consumer interest describing the regulatory functions of the board and the procedures by

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GENERAL ACTS AND RESOLUTIONS, VOL. I

which consumer complaints are filed with and resolved by the board. The board shall make the information available to the public and appropriate state agencies; and

(7) Establish continuing education requirements.

43-34-64.

(a) Except as otherwise provided in subsection (b) of this Code section, each applicant for a license to practice acupuncture shall meet the following requirements:

(1) Be at least 21 years of age;

(2) Submit a completed application required by the board;

(3) Submit any fees required by the board;

(4) Be certified in acupuncture by a national certification agency accredited by the National Organization of Competency Assurance and approved by the board;

(5) Have successfully completed a nationally recognized clean needle technique course approved by the board; and

(6) Have obtained professional liability insurance in the amount of at least $100,000.00/$300,000.00.

(b) An applicant for a license to practice acupuncture who does not meet the requirement of paragraph (4) of subsection (a) of this Code section but who does meet the requirements of paragraphs (1), (2), (3), (5), and (6) of subsection (a) of this Code section and who, in addition, meets the following requirements may also be eligible for a license to practice acupuncture:

(1) Have a minimum of 1,000 hours of training and experience in acupuncture and have registered a business in this state, with the expressed purpose of performing acupuncture, for at least three of the last five years; or have a minimum of 2,500 hours of training and experience in acupuncture and have registered a business in this state, with the expressed purpose of performing acupuncture, at least one of the last five years; and

(2) Successfully pass written and practical tests administered by a national certification agency accredited by the National Organization of Competency Assurance pursuant to a contract entered into by the appropriate state agency as provided by the board.

This subsection shall be automatically repealed on July 15, 2001.

(c) Before any person licensed to practice acupuncture under this article, who has less than one year of postgraduate clinical experience, may practice on his or her own, such person must engage in one year of active practice

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under the supervision of a licensed acupuncturist with a minimum of four years active licensed clinical practice. Such supervising acupuncturist may be licensed in Georgia or any other state or country with licensing requirements substantially equal to Georgia's licensing requirements and may accumulate the required four years of active licensed clinical practice in any combination of states so long as the licensing requirements of such other states or countries are substantially equal to Georgia's licensing requirements.

(d) Each applicant for a license to perform auricular (ear) detoxification therapy shall meet the following requirements:

(1) Be at least 21 years of age;

(2) Submit a completed application required by the board;

(3) Submit any fees required by the board;

(4) Have successfully completed a nationally recognized training program in auricular (ear) detoxification therapy for the treatment of chemical dependency as approved by the board; and

(5) Have successfully completed a nationally recognized clean needle technique course approved by the board.

(e) The practice of auricular (ear) detoxification therapy may take place in a city, county, state, federal, or private chemical dependency program approved by the board under the direct supervision of a licensed acupuncturist or a person authorized to practice acupuncture by the board who is also authorized to practice medicine under Article 2 of this chapter.

43-34-65.

Mter evaluation of an application and other evidence submitted by an applicant, the board shall notify such applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If an application is rejected, the notice shall state the reasons for rejection.

43-34-66.

(a) Any document evidencing licensure issued by the board is the property of the board and must be surrendered on demand.

(b) Every person who holds a license issued by the board in accordance with this article and who is engaged in the active practice of acupuncture shall display the document evidencing licensure in an appropriate and public manner.

(c) Every person who holds a license issued by the board shall inform the board of any change of address.

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43-34-67.
(a) A license issued under this article shall be renewed biennially if the person holding such license is not in violation of this article at the time of application for renewal and if the application fulfills current requirements of continuing education as established by the board.
(b) Each person licensed under this article is responsible for renewing his or her license before the expiration date.
(c) Under procedures and conditions established by the board, a license holder may request that his or her license be declared inactive. The licensee may apply for active status at any time and, upon meeting the conditions set by the board, shall be declared active.
43-34-68.

(a) Any person who undergoes acupuncture must consent to such procedure and shall be informed in general terms of the following:
(1) That the practice of acupuncture is based upon the Oriental arts and is completely distinct and different from traditional western medicine;
(2) That the acupuncturist cannot practice medicine, is not making a medical diagnosis of the person's disease or condition, and that such person should see a physician if he or she wants to obtain a medical diagnosis; and
(3) The nature and the purpose of the acupuncture treatment.
(b) The board shall develop a standard informed consent form to be used by persons licensed under this article. Such informed consent form shall include the information set forth in subsection (a) of this Code section as well as any other and additional information the board deems appropriate. The information set forth in the informed consent form shall be in language which is easy to read and readily understandable to the consuming public.
43-34-69.
The board, in consultation with the advisory committee, may impose any sanction authorized under subsection (d) of Code Section 43-1-19 upon a finding of any conduct specified in subsection (a) of Code Section 43-1-19 or a finding that such conduct involved dividing or agreeing to divide a fee for acupuncture services with any person who refers a patient, notwithstanding that such board is not a state examining board.

GEORGIA LAWS 2000 SESSION

543

43-34-70.

The board shall appoint an acupuncture advisory committee. The advisory committee shall be representative of a cross section of the cultural backgrounds of the members of the acupuncture profession licensed to practice acupuncture under this article, persons licensed to practice medicine under Article 2 of this chapter who are acupuncturists, and such members as the board in its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine. The charter acupuncture advisory committee may include persons eligible for licensing under this article. Subsequent acupuncture advisory committee members must be licensed pursuant to this article.

43-34-71.

(a) Unless licensed under this article or exempted under subsection (b) of this Code section, no person shall:

(1) Practice acupuncture or auricular (ear) detoxification therapy; or

(2) Represent himself or herself to be an acupuncturist or auricular (ear) detoxification specialist who is licensed under this article.

(b) The prohibition in subsection (a) of this Code section does not apply to:

(1) Any person licensed to practice medicine under Article 2 of this chapter;

(2) The practice of acupuncture which is an integral part of the program of study by students enrolled in an acupuncture education program under the direct clinical supervision of a licensed acupuncturist with at least five years of clinical experience; or

(3) The practice of acupuncture by any person licensed or certified to perform acupuncture in any other jurisdiction where such person is doing so in the course of regular instruction in an approved educational program of acupuncture or in an educational seminar of an approved professional organization of acupuncture, provided that in the latter case the practice is supervised directly by a person licensed to practice acupuncture pursuant to this article or an acupuncturist who is licensed to practice medicine under Article 2 of this chapter.

(c) Any person violating subsection (a) of this Code section or Code Section 43-34-73 shall, upon conviction thereof, be guilty of a misdemeanor.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

43-34-72.

(a) The titles 'Licensed Acupuncturist' (L. Ac.) and 'Acupuncturist' may only be used by persons licensed under this article.

(b) The title 'Auricular Detoxification Specialist' (ADS) may only be used by persons licensed to practice auricular (ear) detoxification therapy under this article. Possession of a license as an ADS does not by itself entitle a person to identify himself or herself as an acupuncturist. An auricular (ear) detoxification specialist is strictly limited to five ear points' treatment for detoxification for substance abuse, chemical dependency, or both.

(c) No person licensed under this article may advertise or hold himself or herself out to the public as being authorized to practice medicine under Article 2 of this chapter."

SECTION 1.1.

Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractic, is amended by striking subsection (f) thereof and inserting in its place the following:

"(f) Chiropractors shall not use venipuncture, capillary puncture, acupuncture, or any other technique which is invasive of the human body either by penetrating the skin or through any of the orifices of the body or through the use of colonies. Nothing in this subsection shall be construed to prohibit a chiropractor who is licensed to perform acupuncture under Article 3 of Chapter 34 of this title from engaging in the practice of acupuncture."

SECTION 2. This Act shall become effective on July 31, 2000.
SECTION 3.

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

Approved April 20, 2000.

HEALTH- PATHOGENS; OCCUPATIONAL EXPOSURE.
Code Section 31-12-13 Enacted.
No. 673 (House Bill No. 1448).
AN ACT
To amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions and preventable diseases, so as to provide for certain pathogen standards; to limit exposures of public employees

GEORGIA LAWS 2000 SESSION

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to such pathogens when carried by needles and similar devices; to provide for definitions; to provide for recording of information and measures to prevent certain injuries and exposures; to provide for lists, evaluation committees, and a fund; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions and preventable diseases, is amended by adding at the end a new Code section to read as follows:

"31-12-13.

(a) For purposes of this Code section, the term:

(1) 'Bloodborne pathogens' means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus (HCV) and human immunodeficiency virus (HIV).
(2) 'Engineered sharps i~ury protection' means either:

(A) A physical attribute built into or used with a needle device used for withdrawing body fluids, accessing a vein or artery, or administering medications or other fluids, which effectively reduces the risk of an exposure incident by a mechanism such as barrier creation, blunting, encapsulation, withdrawal, retraction, destruction, or other effective mechanisms; or

(B) A physical attribute built into or used with any other type of needle device or into a nonneedle sharp, which effectively reduces the risk of an exposure incident.

(3) 'Exposure incident' means any sharps injury which may reasonably have exposed the person so injured to another person's blood or other material potentially containing bloodborne pathogens.

(4) 'Front-line health care workers' means workers from a variety of occupational classifications and departments, including, but not limited to, registered professional nurses, nurse aids, medical technicians, phlebotomists, and physicians.

(5) 'Needleless system' means a device that does not utilize needles for:

(A) The withdrawal of body fluids after initial venous or arterial access is established;

(B) The administration of medication or fluids; or

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(C) Any other procedure involving the potential for an exposure incident.
(6) 'Public employee' means an employee of a county board of health established in accordance with Chapter 3 of Title 31 or an employee of the state or an agency or authority of the state employed in a public health care facility or other facility providing health care related services, currently not subject to the jurisdiction of the federal Occupational Safety and Health Administration.
(7) 'Public employer' means each employer having any public employee with occupational exposure to blood or other material potentially containing bloodborne pathogens.

(8) 'Sharp' means any object used or encountered in a health care setting that can be reasonably anticipated to penetrate the skin or any other part of the body and to result in an exposure incident, including, but not limited to, needle devices, scalpels, lancets, broken glass, and broken capillary tubes, but does not include prefilled syringes or other drugs or biologics prepackaged with an administration system requiring federal Food and Drug Administration approval for changes to packaging, labeling or product.

(9) 'Sharps injury' means any injury caused by a sharp, including, but not limited to, cuts, abrasions, or needlesticks.

(10) 'Sharps injury log' means a written or electronic record satisfying the requirements of paragraph (2) of subsection (c) of this Code section.

(b) The department shall, no later than January 1, 2001, adopt a bloodborne pathogen standard governing occupational exposure of public employees to blood and other potentially infectious materials. The standard shall be at least as prescriptive as the standard promulgated by the federal Occupational Safety and Health Administration and shall include, but not be limited to, the following:

(1) A requirement that the most effective available needleless systems and sharps with engineered sharps injury protection be included as engineering and work practice controls in all facilities employing public employees except in cases where:

(A) None are available in the marketplace; or

(B) An evaluation committee, established by the employer, at least half the members of which are front-line health care workers, determines by means of objective product evaluation criteria that use of such devices will jeopardize patient or employee safety with regard to a specific medical procedure;

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(2) A requirement that each public employer develop and implement an effective written exposure control plan that includes, but is not limited to, procedures for:

(A) Identifying and selecting needleless systems and sharps with engineered sharps injury protection through the evaluation committee described in subparagraph (B) of paragraph (1) of this subsection; and

(B) Updating the written exposure control plan when necessary to reflect progress in implementing needleless systems and sharps with engineered sharps injury protection as determined by the evaluation committee described in subparagraph (B) of paragraph (1) of this subsection, but in no event less than once every year;

(3) A requirement that information concerning exposure incidents be recorded in a sharps injury log, including, but not limited to:

(A) Date and time of the exposure incident;

(B) Type and brand of sharp involved in the exposure incident; and

(C) Description of the exposure incident which shall include:

(i) Job classification of the exposed employee;

(ii) Department or work area where the exposure incident occurred;

(iii) The procedure that the exposed employee was performing at the time of the incident;

(iv) How the incident occurred;

(v) The body part involved in the exposure incident;

(vi) If the sharp had engineered sharps injury protection, whether the protective mechanism was activated, and whether the injury occurred before the protective mechanism was activated, during activation of the mechanism or after activation of the mechanism, if applicable;

(vii) If the sharp had no engineered sharps injury protection, the injured employee's opinion as to whether and how such a mechanism could have prevented the injury, as well as the basis for the opinion; and

(viii) The employee's opinion about whether any other engineering, administrative, or work practice control could have prevented the injury, as well as the basis for the opinion;

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(4) Ensuring that all front-line health care workers are trained on the use of all engineering controls before they are introduced into the clinical setting; and
(5) Establishing an evaluation committee, at least half the members of which are front-line health care workers, to advise the employer on the implementation of the requirements of this Code section. Members of the committee shall be trained in the proper method of utilizing product evaluation criteria, prior to the commencement of any product evaluation.

(c) The department shall consider additional enactments as part of the bloodborne pathogen standard to prevent sharps injuries or bloodborne pathogen exposure incidents including, but not limited to, training and educational requirements, measures to increase vaccinations, strategic placement of sharps containers as close to the work area as practical, and increased use of personal protective equipment.

(d) The department shall compile and maintain a list of existing needleless systems and sharps with engineered sharps injury protection, which shall be available to assist public employers in complying with the requirements of the bloodborne pathogen standard adopted pursuant to this Code section. The list may be developed from existing sources of information, including but not limited to, the federal Food and Drug Administration, the federal Centers for Disease Control, the National Institute of Occupational Safety and Health, and the United States Department of Veterans Affairs.

(e) A fund is established within the department into which moneys may be appropriated to provide for research and development, as well as product evaluations, of needleless systems and sharps with engineered sharps injury protection."
SECTION 2.

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

Approved April 20, 2000.

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549

:HEALTH - COUNTY BOARDS OF HEALTH; SEWAGE SYSTEMS; PUBLIC sWIMMING POOLS; RULES OF DEPARTMENT OF HUMAN RESOURCES.

Code Title 31 Amended. Code Section 50-13-4 Amended.

No. 674 (Senate Bill No. 30).

AN ACT

To provide for various matters relating to public health, county boards of health, and the Department of Human Resources; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for evaluations of the suitability of sites for on-site sewage management systems by certain persons who are registered with the Department of Human Resources and by soil and water conservation technicians and provide for the effect of such evaluations; to provide for exceptions; to provide for the direction and supervision of certain persons employed by a county board of health by the district director of environmental health of the Division of Public Health of the Department of Human Resources; to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools; to provide for suction hazard reduction; to provide for the inspection of apartment complex pools and of the issuance of certain reports; to provide for the applicability of said provisions; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for the adoption, amendment, or repeal of rules and other matters relating to rules, so as to provide that the legislative override provisions of said Code section shall apply to all rules of ..the Department of Human Resources relating to swimming pools and on-site sewage management systems, including interpretive rules and general state.ments of policy, and provide for the assignment of such rules to the chairpersons of certain committees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking in its entirety subsection (b) of Code Section 31-3-5, relating to the functions of county boards of health, and inserting in lieu thereof a new subsection (b) and by adding at the end thereof a new subsection (d) to read, respectively, as follows:

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"(b) Each county board of health shall have the power and duty to adopt regulations providing standards and requirements governing the installation of on-site sewage management systems within the incorporated and unincorporated area of the county, subject to the provisions of Code Section 31-2-7, any rules and regulations promulgated under Code Section 31-2-7, and subsection (d) of this Code section. Such regulations shall include and be limited to the following:

(1) Specifying the locations within the incorporated and unincorporated area of the county where on-site sewage management systems may be installed;

(2) Specifying the minimum lot size or land area which may be served by an on-site sewage management system based on scientific data regarding on-site sewage management systems;

(3) Specifying the types of residences, buildings, or facilities which may be served by on-site sewage management systems;
(4) Issuing permits for the installation of on-site sewage management systems prior to such installation;

(5) Inspecting on-site sewage management system installations prior to the completion of the installation; and

(6) Providing for ongoing maintenance of such systems, except for nonmechanical residential sewage management systems."

"(d) (1) As used in this subsection, the term:

(A) 'Soil classifier' means a person who holds at least a bachelor of science degree from an accredited college or university with a major in agronomy, soil science, or related field and has such other qualifications as may be specified by the department by rule.

(B) 'Soil and water conservation technician' means a person employed as a soil and water conservation technician by a soil and water conservation district provided for in Article 2 of Chapter 6 of Title 2.

(2) Any person may qualify as a soil classifier, who holds a valid certificate of registration as a registered geologist issued pursuant to Chapter 19 of Title 43, or who holds a valid certificate of registration as a professional engineer issued pursuant to Chapter 15 of Title 43 and is practicing within his or her area of engineering competency may register with the Department of Human Resources to conduct investigations of the suitability of a site within the state for an on-site sewage management system. Upon the submission of an evaluation of the suitability of a site within the state for an on-site sewage management system by such a person who is registered with the department or by a soil and water conservation techni-

GEORGIA LAWS 2000 SESSION

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dan, the county board of health shall be required to accept the evaluation unless such evaluation is found by the county board of health to be deficient or questionable. If the county board of health finds such evaluation to be deficient or questionable, the board shall, within three working days of making such finding, issue a written determination stating all deficiencies and all measures needed to correct the deficiencies. A copy of this determination shall be provided to the state director of environmental health. Level four soils evaluations submitted to a county board of health under the provisions of this subsection will be accepted."

SECTION 2.

Said title is further amended by designating the existing language in Code Section 31-3-11, relating to the appointment of a director and staff of county boards of health, as subsection (a) of said Code section and by adding at the end thereof a new subsection (b) to read as follows:

"(b) Each employee of a county board of health whose duties include enforcing those environmental health laws of this state or environmental health regulations of that board of health relating to septic tanks or individual sewage management systems shall be subject to the direction and supervision of the district director of environmental health, although the hiring and termination from employment of such employee shall be subject to the director of that county board of health. The employment activities of such employee with regard to environmental health shall be reported to the director of environmental health through the district director of environment health at least quarterly. The director of environmental health may recommend to that director of that county board of health personnel actions, including but not limited to termination, which the director of environmental health deems appropriate for such employee's failure or refusal to comply with the direction of the director of environmental health in the carrying out of the environmental health employment duties of such employee. As used in this subsection, the term 'director of environmental health' means the director of environmental health of the Division of Public Health of the Department of Human Resources."

SECTION 3.

Said title is further amended by adding at the end thereof a new Chapter 43 to read as follows:

"CHAPTER 43

3143-1.

This chapter shall be known and may be cited as 'Michelle's Law.'

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GENERAL ACTS AND RESOLUTIONS, VOL. I

31-43-2.

The purpose of this chapter is to protect the public health and safety through the proper design, operation, and maintenance of public swimming pools.
31-43-3.

As used in this chapter, the term 'public swimming pool,' 'swimming pool,' or 'pool' means any structure, chamber, or tank containing an artificial body of water used by the public for swimming, diving, wading, recreation, or therapy, together with buildings, appurtenances, and equipment used in connection with the body of water, regardless of whether a fee is charged for its use. The term includes municipal, school, hotel, or motel pools and any pool to which access is granted in exchange for payment of a daily fee. This chapter shall not apply to a private pool or hot tub serving a single family dwelling and used only by the residents of the dwelling and their guests. This chapter also shall not apply to apartment complex pools, country club pools, subdivision pools which are open only to residents of the subdivision and their guests, therapeutic pools used in physical therapy programs operated by medical facilities licensed by the department or operated by a licensed physical therapist nor to therapeutic chambers drained, cleaned, and refilled after each individual use nor to religious ritual baths used solely for religious purposes.

31-43-4.

(a) On or after December 31, 2000, a permit shall be obtained from the county board of health in the county in which a public swimming pool is located prior to construction or continued operation of a public swimming pool. When the ownership of a public swimming pool changes or if the pool is leased by the owner, it shall be the responsibility of the new owner or lessee to secure a permit issued in his or her name.
(b) Unless suspended or revoked, a swimming pool operation permit shall be valid for the period of operation specified in the application, but in no event shall it be valid for more than 12 months.
31-43-5.

A separate application for an operation permit must be submitted for each public swimming pool. The owner or operator shall apply annually to the county board of health for an operator's permit. A form must be obtained from the county board of health to provide:

(1) The owner's name, address, and telephone number;

(2) The operator's name, address, and telephone number;

(3) The street address of the public swimming pool;

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(4) The physical location of the public swimming pool;

(5) The type of public swimming pool;

(6) The construction date, if applicable;

(7) The proposed operating dates; (8) The type of disinfection; and

(9) The signature of the owner or a designated representative of the owner.

3143-6.
Construction of public swimming pools and additions and alterations to such pools may start only upon issuance and receipt of a permit pursuant to Code Section 31434 and shall be in compliance with plans and data submitted in accordance with Code Section 3143-5 and other data approved by the county board of health of the county in which each pool is located.

3143-7.

A permittee shall notify the county board of health at the time of completion of the construction of a public swimming pool to permit inspection before the pool is placed in operation.

3143-8.

Each public swimming pool shall be inspected by the county board of health to determine compliance with this chapter and with the rules and regulations adopted by the Department of Human Resources. Pools which open on or after April 1 and which close on or before October 31 shall be inspected at least once during the period of operation. All other pools shall be inspected at least twice a year.

3143-9.

A permit for a public swimming pool may be suspended or revoked by the county board of health for failure to comply with the provisions of this chapter and the rules and regulations adopted by the Department of Human Resources.

3143-10.

(a) The Department of Human Resources shall adopt and promulgate rules and regulations concerning the construction and operation of public swimming pools. The Department of Human Resources shall classify public swimming pools on the basis of size, usage, type, or any other appropriate factor and shall adopt requirements for each classification. The rules shall include requirements for:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) Submission and review of plans prior to construction;

(2) Application, review, expiration, renewal, and revocation or suspension of an operating permit;

(3) Inspection;

(4) Design and construction including materials, depth and other dimensions, and standards for the abatement of suction hazards; and

(5) Operation and safety including water source, water quality and testing, fencing, water treatment, chemical storage, toilet and bath facilities, measures to ensure the personal cleanliness of bathers, safety equipment, and sewage and other waste-water disposal.

Public swimming pools constructed or remodeled prior to December 31, 2000, that do not meet specific design and construction requirements of the rules for public swimming pools adopted by the Department of Human Resources shall not be required to comply with design and construction requirements other than requirements related to the abatement of suction hazards. Public swimming pools constructed or remodeled prior to December 31, 2000, shall comply with all other rules for public swimming pools adopted by the Department of Human Resources by January 1, 2003.

(b) No single drain, single-suction outlet public swimming pool shall be allowed to operate unless a protective cover is properly installed.
31-43-11.

Each county board of health and its duly authorized agents are authorized and empowered to enforce compliance with the provisions of this chapter and the rules and regulations relating to public swimming pools adopted and promulgated by the Department of Human Resources and, in connection therewith, to enter upon and inspect the premises of a public swimming pool at any reasonable time and in a reasonable manner.
31-43-12.

Notwithstanding any provision of Code Section 31-43-13 regarding the applicability of this chapter to the contrary, a resident or owner of an apartment complex that is not subject to regulation under this chapter or local ordinance may request that the county board of health inspect a pool at such apartment complex. Upon receipt of such a request, the county board of health shall have the authority to inspect such pool at any reasonable time and in a reasonable manner and issue a report on the condition of such pool.

GEORGIA LAWS 2000 SESSION

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3143-13.
The provisions of this chapter shall apply only in those counties where local rules and regulations governing public swimming pools are not in effect on December 31, 2000. Nothing in this chapter shall be construed to limit the authority of a county to adopt an ordinance or resolution regarding public swimming pools that applies to apartment complex pools."
SECTION 4.
Code Section 50-134 of the Official Code of Georgia Annotated, relating to procedural requirements for the adoption, amendment, or repeal of rules and other matters relating to rules, is amended by adding at the end thereof a new subsection (h) to read as follows:
"(h) The provisions of subsections (e) and (f) of this Code section shall apply to any rule of the Department of Human Resources that is promulgated pursuant to Code Section 31-2-7 or 3143-10, except that the presiding officer of the Senate is directed to assign the notice of such a rule to the chairperson of the Senate Defense, Science and Technology Committee and the presiding officer of the House of Representatives is directed to assign the notice of such a rule to the chairperson of the House Committee on Industry. As used in this subsection, the term 'rule' shall have the same meaning as provided in paragraph (6) of Code Section 50-13-2 and shall include interpretive rules and general statements of policy, notwithstanding any provision of subsection (a) of this Code section to the contrary."
SECTION 5.
This Act shall become effective December 31, 2000.
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.
Approved April 20, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

PROFESSIONS AND BUSINESSES - CHIROPRACTORS; INVESTIGATIONS OF COMPLAINTS AGAINST; NOTICE.

Code Section 43-9-12 Amended.

No. 676 (Senate Bill No. 483).
AN ACT
To amend Code Section 43-9-12 of the Official Code of Georgia Annotated, relating to grounds for refusal or revocation of licenses to practice chiropractic, so as to require the furnishing of certain information to a chiropractor after an investigation thereof is initiated; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.

Code Section 43-9-12 of the Official Code of Georgia Annotated, relating to grounds for refusal or revocation of licenses to practice chiropractic, is amended by adding at the end a new subsection to read as follows:

"(k) Notwithstanding the provisions of paragraph (2) of subsection (h) of Code Section 43-1-19, if a chiropractor is the subject of a board investigation initiated as the result of a complaint or report to the board, a copy of a summary of the complaint or report shall be furnished to the chiropractor as soon as practicable after the investigation is initiated but in any event prior to or at the same time as the delivery of a subpoena for the production of documents. If a chiropractor is the subject of an investigation initiated by the board on its own initiative, a written statement of the acts or omissions being investigated shall be furnished to the chiropractor as soon as practicable after the investigation is initiated but in any event prior to or at the same time as the delivery of a subpoena for the production of documents. The board may delay providing the chiropractor with a copy of the summary or statement if the board determines that the nature of the investigation requires that its existence not be disclosed to the chiropractor but in no event shall such summary or statement be provided later than the delivery of a subpoena for the production of documents to the chiropractor. Nothing in this Code Section shall be construed to limit the authority of the Board to pursue violations of the Board's laws and rules and regulations discovered during the course of an investigation."
SECTION 2.

This Act shall become effective on July 1, 2000, and shall apply to all investigations initiated on or after July 1, 2000.

GEORGIA LAWS 2000 SESSION

557

SECTION 3.

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

Approved April 20, 2000.

COMMERCE AND TRADE - UNFAIR OR DECEPTIVE PRACTICES; CONSUMER TRANSACTIONS; NONINSURANCE DISCOUNT CARDS FOR
HEALTH CARE.
Code Section 10-1-393 Amended.
No. 677 (House Bill No. 1286).
AN ACT
To amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive acts or practices in consumer transactions declared unlawful, so as to prohibit certain acts or practices concerning noninsurance discount cards for health care related goods or services; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive acts or practices in consumer transactions declared unlawful, is amended in subsection (b) by striking "or" at the end of paragraph (30), striking "."at the end of paragraph (31) and inserting in lieu thereof"; or", and adding a new paragraph (32) to read as follows:
"(32) Selling, marketing, promoting, advertising, providing, or distributing any card or other purchasing mechanism or device that is not insurance or evidence of insurance coverage and that purports to offer or provide discounts or access to discounts on purchases of health care goods or services from providers of the same or making any representation or statement that purports to offer or provide discounts or access to discounts on purchases of health care goods or services from providers of the same, when:
(A) Such card or other purchasing mechanism or device does not contain a notice expressly and prominently providing in boldface type that such discounts are not insurance; or
(B) Such discounts or access to such discounts are not specifically authorized under a separate contract with a provider of health care goods or services to which such discounts are purported to be applicable."

558

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2.

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

Approved April 20, 2000.

FOOD, DRUGS, AND COSMETICS - DRUG THERAPY MODIFICATION BY PHARMACIST AS AUTHORIZED BY PHYSICIAN.
Code Sections 264-50 and 43-34-26.2 Enacted.
No. 678 (House Bill No. 1447).
AN ACT
To amend Article 3 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to practice of pharmacy, so as to provide for qualifications for pharmacists authorized to modify drug therapy; to provide for statutory construction; to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for definitions; to provide that physicians may delegate to certain pharmacists the authority to modify drug therapy subject to certain conditions; to provide for statutory construction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to practice of pharmacy, is amended by adding at the end a new Code section to read as follows:
"264-50.
(a) No pharmacist shall be authorized to modify drug therapy pursuant to Code Section 43-34-26.2 unless that pharmacist:
(1) Is licensed to practice as a pharmacist in this state;
(2) Has successfully completed a course of study regarding modification of drug therapy and approved by the board;
(3) Annually successfully completes a continuing education program regarding modification of drug therapy and approved by the board; and
(4) Is certified by the board as meeting the requirements of paragraphs (1) through (3) of this subsection.
(b) Nothing in this Code section shall be construed to expand or change any existing authority for a pharmacist to substitute drugs."

GEORGIA LAWS 2000 SESSION

559

SECTION 2.

Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by adding after paragraph (2) of Code Section 43-34-20 the following:

"(2.1) 'Physician' means a person licensed to practice medicine under this article."

SECTION 3.

Said article is further amended by adding after Code Section 43-34-26.1 a new Code section to read as follows:

"43-34-26.2.

(a) As used in this Code section, the term 'pharmacist' means a person who meets the requirements specified in Code Section 264-50.

(b) A physician may delegate to a pharmacist the authority to modifY drug therapy as part of drug therapy management. The physician making such delegation shall adequately supervise the application of his or her order delegating the authority to modify drug therapy. Delegation of such authority shall only be made pursuant to the physician's diagnosis, written order, and drug therapy protocol. Unless a drug therapy modification is a substitution of a generic drug which is pharmaceutically and therapeutically equivalent to the patient's initial prescription drug order pursuant to Code Section 264-81, that protocol shall meet the applicable requirements for issuance of prescriptions provided in Code Section 16-13-41 or 16-13-74, whichever is applicable. A drug therapy protocol issued pursuant to this subsection may authorize a pharmacist to dispense a specific drug contained in the protocol as an alternative drug which is not pharmaceutically and therapeutically equivalent to the patient's initial prescription drug order and shall be deemed to be the physician's separate and distinct prescription drug order. All protocols authorized by this subsection shall:

(1) Identify the pharmacist who is authorized to modify drug therapy and the physician who is delegating the authority to modify drug therapy;

(2) Indicate the physician's diagnosis of condition or disease state of the patient whose drug therapy may be modified;

(3) Identify each patient for whom the physician has delegated the authority to modify drug therapy;

(4) Describe specific responsibilities and parameters for modification of drug therapy and patient monitoring authorized under the protocol;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(5) Include a statement regarding the types and categories of medication as well as the maximum and minimum dosage levels within the types and categories of medication for which the pharmacist may modifY drug therapy including:

(A) Additional procedures or plans which the pharmacist shall follow when the pharmacist modifies drug therapy; and

(B) The method of documentation and mechanism of communication of appropriate medical care information or pharmacy care information, or both; description and required frequency of reports which shall include:

(i) Any problems or complications encountered; (ii) A listing of recommendations by pharmacist; and

(iii) A complete list of each instance in which drug therapy was modified and how such therapy was modified since the last report; and

(6) Stipulate that each such patient must be notified that the pharmacist is authorized to modifY drug therapy pursuant to protocol between the pharmacist and the physician.

(c) A physician delegating the authority to modifY drug therapy must be available through communications for consultation, assistance, and direction. A physician may only delegate the authority to modifY drug therapy for a patient under the direct medical care and supervision of that physician.

(d) An order delegating the authority to modifY drug therapy under this Code section shall not be valid for more than two years from the date such order was issued.

(e) Nothing in this Code section shall be construed to expand or change any existing authority for a pharmacist to substitute drugs under Code Section 264-81.

(f) Nothing in this Code section shall be construed to prohibit hospital pharmacists from participating in drug therapy management by protocol or other legal authority established or approved by a member of the hospital medical staff for the care and treatment of hospital patients."

SECTION 4.

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

Approved April 20, 2000.

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561

COMMERCE AND TRADE - LEAF TOBACCO SALES AND STORAGE.

Code Section 10-4-107.1 Enacted.

No. 679 (House Bill No. 1245).

AN ACT

To amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to provide for tobacco contracts between tobacco companies and tobacco growers; to provide for contents and requirements for such contracts; to provide for tolerances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, is amended by adding a new Code Section 10-4-107.1 to read as follows:

"10-4-107.1.

(a) As used in this Code section, the term 'tobacco contract' means any contract between a tobacco company and a tobacco grower under which the tobacco company contracts to purchase tobacco to be grown by the tobacco grower other than at a tobacco auction.

(b) No tobacco contract for the purchase of tobacco grown in this state shall be valid or binding unless:

(1) The tobacco grower is given the opportunity to have the proposed tobacco contract reviewed outside the business premises of the tobacco company or its agents by an attorney or advisor of the tobacco grower's choosing prior to execution;

(2) The tobacco contract is written in plain English.

(3) The tobacco contract quotes the provisions of subsection (c) of this Code section.

(c)(1) The tobacco grower shall have a right to cancel a tobacco contract until 12:00 Midnight of the third business day after the day on which the tobacco grower signs the contract.

(2) Notice of cancellation under this subsection shall be given to the tobacco company at the place of business as set forth in the tobacco contract by certified mail, return receipt requested, which shall be posted not later than 12:00 Midnight on the third business day following execution of the tobacco contract.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) In the event of cancellation pursuant to this subsection, the tobacco grower shall refund to the tobacco company within ten days after the cancellation any consideration received by the tobacco grower from the tobacco company under the tobacco contract.

(4) Notice of cancellation given by the tobacco grower need not take any particular form and, however expressed, is effective if it indicates the intention of the tobacco grower not to be bound by the tobacco contract."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Approved April 20, 2000.

RETIREMENT AND PENSIONS- GEORGIA FIREFIGHTERS' PENSION FUND; CREDIT FOR PRiOR SERVICE OF REINSTATED MEMBERS;
FORMS; BENEFITS; GEORGIA CLASS NINE FIRE DEPARTMENT PENSION FUND.
Code Title 47, Chapter 7 Amended. Code Title 47, Chapter 7A Enacted.
No. 680 (House Bill No. 887).
AN ACT
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide for certain forms; to provide for the content of certain forms; to provide that a member reinstated to membership after removal for nonpayment of dues shall be entitled to all prior service; to provide a retirement allowance for persons retired on or before a certain date; to provide that the Board of Trustees of the Georgia Firefighters' Pension Fund shall pay a certain amount to the Georgia Class Nine Fire Department Pension Fund; to provide for certain creditable service in the Georgia Firefighters' Pension Fund; to provide for the payment of a death benefit to the survivors of members of such pension fund; to create the Georgia Class Nine Fire Department Pension Fund; to define certain terms; to provide for the powers and duties of the board of trustees; to provide for administrative expenses; to provide for membership in such fund; to provide for the payment of membership dues; to provide for the transfer to such fund of a certain amount from the Georgia Firefighters' Pension Fund; to provide for required training; to provide for a retirement benefit; to provide for retirement options; to provide for the withdrawal from and reinstatement to the fund; to provide that the stated benefits may be reduced under certain circumstances; to pro-

GEORGIA LAWS 2000 SESSION

563

vide conditions for civil actions; to provide penalties for certain offenses; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA

SECTION 1.

Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety paragraph (2) of subsection (b) of Code Section 47-7-60, relating to dues required of members, and inserting in lieu thereof the following:
"(2) Any member who has been removed from membership in the fund under paragraph (I) of this subsection may make application to the board for reinstatement of membership. As a condition of such reinstatement, the applicant must pay to the fund a reinstatement fee of $100.00. Upon such reinstatement, such member shall be entitled to credit for service rendered after reinstatement. If such member has not withdrawn the dues he or she paid to the fund prior to the suspension, then he or she shall also be entitled to creditable service for service rendered prior to the suspension."

SECTION 2.

Said title is further amended by striking in its entirety subsection (c) of said Code Section 47-7-60 and inserting in lieu thereof the following:

"(c) If a member who has attained the minimum service credits required for a normal retirement benefit under Code Section 47-7-IOO is suspended from membership in the fund under this Code section and is not reinstated, then, provided that such member does not withdraw dues paid to the fund prior to his or her suspension, upon termination of service, such member shall be entitled to a normal retirement benefit payable under Code Section 47-7-IOO. The normal retirement benefit to which such member may thereafter become entitled upon termination of service shall be calculated as of the date of the member's suspension from the fund, using the service credits and age the member had attained on the date of suspension, which shall be deemed to be the youngest age at which early retirement benefits may commence or such greater age as the member has actually attained on that date, and the maximum monthly benefit in effect on such date of suspension."

SECTION 3.

Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 47-7-61, relating to a tax on premiums charged by fire insurance companies for certain classes of coverage, exclusions, and a penalty for failure to report and pay such tax, and inserting in lieu thereof the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"(3) Returns shall be made on forms prescribed by the board. Such forms shall require, without limitation, a separate statement of the gross premiums from policies covering property served by public fire suppression facilities of the fire department rated as class nine and those rated not less than class eight under the standards set forth in the Fire Suppression Rating Schedule or a rating which the board determines is its substantial equivalent."

SECTION 4.

Said title is further amended by inserting at the end of Code Section 47-7-61, relating to a tax on premiums charged by fire insurance companies for certain classes of coverage, exclusions, and a penalty for failure to report and pay such tax, the following:

"(f) Commencing with the fiscal year ending on June 30, 2001, at the end of each fiscal year, the board shall transfer to the Georgia Class Nine Fire Department Pension Fund created by Chapter 7A of this title an amount equal to the tax revenues collected by the board pursuant to this Code section with respect to gross premiums on policies covering property served by public fire suppression facilities which are rated as class nine under the Fire Suppression Rating Schedule or a rating which the board determines is its substantial equivalent."
SECTION 5.

Said title is further amended by inserting at the end of Article 5 of Chapter 7, relating to service creditable toward retirement in the Georgia Firefighters' Pension Fund, the following:
"47-7-86.

(a) Any former member of the Georgia Class Nine Fire Department Pension Fund created by Chapter 7A of this title who becomes a member of this pension fund shall be entitled to receive creditable service for the time he or she was a member of such other pension fund as provided by this Code section. Upon request, the Board of Trustees of the Georgia Class Nine Fire Department Pension Fund shall transfer to the board of trustees of this pension fund the full amount of dues paid by such member while he or she was a member of such other pension fund.

(b) Any member receiving creditable service under this Code section shall receive creditable service in this pension fund equal to the number of years of his or her membership in the Georgia Class Nine Fire Department Pension Fund.

GEORGIA lAWS 2000 SESSION

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(c) Upon retirement, a member who receives creditable service under this Code section and who is otherwise eligible to receive a retirement benefit under this pension fund shall have a vested right in and to a monthly benefit payable for the member's lifetime equal the sum of:
(1) A pro rata amount of the maximum monthly retirement benefit in effect on the date of such termination of service, which amount shall be determined by the ratio of years of membership in this pension fund to 25 years; and
(2) A pro rata amount of the maximum monthly retirement benefit provided in Chapter 7A of this title in effect on the date of such termination of service, which amount shall be determined by the ratio of years of membership in such pension fund to 25 years."

SECTION 6.

Said title is further amended by striking in its entirety paragraph (1) of subsection (d) of Code Section 47-7-100, relating to eligibility for a full pension benefit, partial benefit, or optional benefit under such pension fund, and inserting in lieu thereof the following:

"(1) Option A, the joint and survivor option, shall consist of a decreased retirement benefit which shall be payable during the joint lifetime of both the member and the member's spouse and which shall continue after the death of the member during the lifetime of the spouse in the amount chosen by the member, which amount shall be 100 percent, 75 percent, 66 2/3 percent, or 50 percent of the member's benefits. Any member who has completed 15 years of creditable service may elect that, in the event of the member's death prior to receiving any retirement benefits under this chapter, the member's spouse shall receive decreased retirement benefits in the amount elected by the member, which amount shall be 100 percent, 75 percent, 66 2/3 percent, or 50 percent of the benefits to which the member would have been entitled based upon the member's creditable service as of the time of the member's death. The decreased retirement benefits payable to the spouse of a member who dies prior to receiving any retirement benefits under this chapter shall commence on the date the member would have become 55 years of age and shall not be payable unless, prior to the member's death, the member had elected such benefits in the form and manner prescribed by the board and had filed such election with the board."

SECTION 7.

Said title is further amended by inserting at the end of subsection (g) of Code Section 47-7-100, relating to eligibility for a full pension benefit, partial benefit, or optional benefit under such retirement fund, a new paragraph to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"(5) Effective July 1, 2000, the monthly benefit for any member who retired on or before February 25, 1976, under subsection (b) of this Code section shall be no less than $500.00. The monthly benefit of any member retiring on or before such date under a retirement option providing for less than a full service pension, or the beneficiary of any such member, shall be calculated on an amount not less than $500.00."

SECTION 8.
Said title is further amended by inserting at the end of subsection U) of Code Section 47-7-102, relating to eligibility for disability benefits under such retirement fund and related matters, a new paragraph to read as follows:

"(3) Effective July 1, 2000, the monthly benefit for any member who retires under this Code section shall be no less than $500.00."

SECTION 9.

Said title is further amended by striking in its entirety Code Section 47-7-103, relating to benefits paid to a named beneficiary upon the death of a member before benefits have commenced or before benefits equal to the member's dues have been paid, and inserting in lieu thereof the following:

"47-7-103.

(a) In the event of the death of a member of the fund who is in good standing and who has not commenced receiving any benefits under this chapter, the designated beneficiary of such deceased member shall be entitled to be paid the amount of $5,000.00, upon making proper application to the secretary-treasurer of the fund. Such application shall be accompanied by a certified copy of the death certificate of the deceased member and such other information as may be required by the board.

(b) In the event of the death of a member of the fund who is in good standing and who has commenced receiving benefits under this chapter, but who has not received total benefits in an amount equal to $5,000.00, the member's named beneficiary shall be entitled to receive the difference between $5,000.00 and the amount of benefits received by such deceased member, upon making application as provided for in subsection (a) of this Code section."

GEORGIA LAWS 2000 SESSION

567

SECTION 10.

Said title is further amended by inserting immediately following Chapter 7 a new chapter to read as follows:

"CHAPTER 7A ARTICLE 1

47-7A-l.

As used in this chapter, the term:

(1) 'Board' means the Board of Trustees of the Georgia Firefighters' Pension Fund created by Code Section 47-7A-20.

(2) 'Fire department' means a full-time fire department which satisfies the following criteria:

(A) The fire department is certified by the superintendent of the Georgia Fire Academy as provided in Chapter 3 of Title 25;

(B) The public fire suppression facilities of the fire department are ratable as a class nine rating under standards set forth in the Fire Suppression Rating Schedule, Section I, Public Fire Suppression, Edition 6-80, Copyright 1980, published by the Insurance Services Office, a rating organization licensed by the Commissioner of Insurance, which schedule is maintained on file with the Commissioner of Insurance as required by general law and which has not been disapproved by the Commissioner, or ratable as a rating which the board by regulation determines is substantially equivalent under rating standards published by a rating organization licensed by the Commissioner of Insurance performing similar rating functions which standards are maintained on file with the Commissioner of Insurance and which have not been disapproved by the Commissioner.

(3) 'Firefighter' means a person who is:

(A) A full-time employee of a fire department who in the course of fulltime employment by and within a department either:

(i) Is a candidate for or holds a current firefighter's certificate issued under Article 1 of Chapter 4 of Title 25 and has as incident to his or her position of employment the principal duty of, and actually performs the function of, preventing and suppressing fires; or

(ii) Has as incident to the position of employment the principal responsibility to perform, and actually performs, support functions for fire prevention and fire suppression activities of the fire department of a type which the board by regulation finds have been traditionally and customarily performed by employees of fire departments in the

568

GENERAL ACTS AND RESOLUTIONS, VOL. I

State of Georgia, including, without limitation, the activities of administrative personnel within the department, mechanics whose primary duties are the maintenance and repair of fire-fighting equipment and apparatus, operating engineers whose primary duties are the operation of fire-fighting equipment and apparatus, communications and clerical personnel, and fire prevention and fire inspection personnel; provided, however, that such term shall not include persons whose primary responsibility is the performance of emergency medical services; or

(B) Appointed and regularly enrolled as a volunteer with a class nine fire department; who, as a volunteer firefighter, has and primarily performs the principal responsibility of preventing or suppressing fires; and who satisfies the requirements specified in subparagraph (a) (1) (D) of Code Section 25-3-23.

(4) 'Full-time fire department' means a full-time department, bureau, division, or other organizational unit, separately organized and administered as such, of this state or any municipality or other political subdivision thereof, which organizational unit:

(A) Has, as an organizational unit, the principal responsibility to prevent and suppress fires; and

(B) Is financed by public appropriation or subscription and is not privately owned.
A full-time fire department includes the fire chief or chief operating officer of the organizational unit and only those employees who are under the direction and supervision of the fire chief or chief operating officer.
(5) 'Fund' means the Georgia Class Nine Fire Department Pension Fund created by this chapter.

(6) 'Volunteer fire department' means a volunteer fire department staffed by firefighters, volunteer firefighters, or a combination of firefighters and volunteer firefighters, separately organized and administered as such, of this state or any municipality or other political subdivision of this state or serving any fire district therein, which:
(A) Has the principal responsibility to prevent and suppress fires;
(B) Is financed by public appropriation or subscription and is not privately owned;
(C) Holds drills and meetings of not less than eight hours monthly; and

GEORGIA LAWS 2000 SESSION

569

(D) Meets the requirements imposed by Code Section 47-7A-81.

ARTICLE 2

47-7A-20.
(a) There is created the Georgia Class Nine Fire Department Pension Fund. The board of trustees of the Georgia Firefighters' Pension Fund created by Chapter 7 of this title shall serve as the board of trustees of this pension fund.
(b) The board shall have the following powers and duties:

(1) To provide for the payment of administrative expenses;

(2) To rule upon all applications for pensions;

(3) To provide for the payment of pensions;

(4) To provide for the collection of all revenue under this chapter;

(5) To make all necessary rules and regulations not inconsistent with the laws of this state for the governing of this retirement fund;

(6) To prescribe rules and regulations of eligibility of persons to receive pensions under this chapter;

(7) To expend funds in accordance with this chapter; and

(8) To exercise all other powers necessary for the administration of the fund.

(b) The board shall have the full power to invest and reinvest such funds subject to all the terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' The board may combine such funds with the funds of the Georgia Firefighters' Pension Fund created by Chapter 7 of this title for investment purposes only.

(c) The board is authorized to employ agents, including, but not limited to, banks or trust departments thereof, and to contract for the services of such agents as investment advisers and counselors, in making recommendations for investments, and in making investments, if the board so authorizes.

(d) The Board of Trustees of the Georgia Firefighters' Pension Fund may charge to this pension fund any administrative expenses, exclusive of benefit costs, which such board of trustees pays on behalf of this pension fund. Such board of trustees shall have complete discretion to determine a method of apportioning such costs between such pension fund and this pension fund, and the board's good faith determination shall be conclusive.

570

GENERAL ACTS AND RESOLUTIONS, VOL. I

(e) Where funds of the fund are combined with the funds of the Georgia Firefighters' Pension Fund for investment purposes, then gains, losses, income, transaction costs, investment adviser fees, and other matters with respect to such combined investments shall be allocated in such manner as the board determines is fair and equitable to each fund. The board's good faith determination shall be conclusive.
47-7A-21.
The board may take or receive any gift, grant, or bequest of money, real or personal property, or anything of value and use the same for the purposes set forth in this chapter.
47-7A-22.
The state auditor is directed to make an annual audit of the fund.
47-7A-23.
Notwithstanding any provision in this chapter to the contrary, the board is authorized to determine the eligibility for membership in and retirement under the fund of any volunteer firefighter who, for cause beyond his or her control, is or was unable to attend, during any calendar year, the annual percentage of all drills, meetings, and fires prescribed by the board pursuant to Code Section 47-7A-81.
47-7A-24.
(a) Subject to the terms and limitations of this Code section, the board of trustees is authorized to adopt from time to time a method or methods of providing for increases in the maximum monthly retirement benefit payable under Code Section 47-7A-100 for persons theretofore or thereafter retiring under such Code section. Such method shall be based upon:
(1) The recommendation of the actuary of the board of trustees;
(2) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and
(3) Such other factors as the board deems relevant.
Any such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine.
(b) Any increase granted pursuant to subsection (a) of this Code section may only be authorized effective as of January 1 and July 1 of each year, and no such increase shall exceed 1 1/2 percent of the maximum monthly retirement benefit then in effect.

GEORGIA LAWS 2000 SESSION

571

(c) No increase shall be made pursuant to subsection (a) of this Code section to become effective within six months of the effective date of any increase in the maximum retirement benefit granted by the General Assembly through amendment of Code Section 47-7A-100.

47-7A-25.

The Attorney General shall act as legal adviser to the board.

ARTICLE 3

47-7A40.

(a) Any person employed as a firefighter or enrolled as a volunteer firefighter is eligible to make application to the board for membership in the fund.

(b) Upon becoming a member of the fund, a firefighter or volunteer firefighter shall receive credit only from the date of his or her becoming a member of the fund.

47-7A-41.

(a)(1) Any member of the fund who IS m good standing with the fund, who leaves work as a firefighter or volunteer firefighter, and who elects to leave in the fund during such leave from work as a firefighter or volunteer firefighter the dues which the member has theretofore paid, shall, upon application to the board, be entitled to obtain a leave of absence from the fund for a period of not more than two years. Upon application prior to the expiration of any leave of absence or extended leave of absence, such a member shall be entitled to an extension of such leave of absence for a period of not greater than two years. If a member who leaves work as a firefighter or volunteer firefighter fails to apply for and maintain in effect a leave of absence, the board may treat such failure as an election to withdraw from membership in the fund as provided in subsection (b) of this Code section and Code Section 47-7A-103.

(2) A member of the fund who obtains a leave of absence under paragraph (I) of this subsection shall, upon application to the board, be entitled to reinstatement to active status in the fund; provided, however, that upon such application, the applicant meets the medical and other requirements set forth in Code Section 47-7A-40 as a prerequisite to reinstated active membership. Such member shall be entitled to credit for service rendered before obtaining a leave of absence and after reinstatement but shall not be entitled to credit for any period during such leave of absence.

(b) (1) A member may at any time elect to withdraw from membership in the fund and upon such withdrawal shall be entitled to a refund of dues theretofore paid by such member as provided in Code Section 47-7A-103.

572

GENERAL ACTS AND RESOLUTIONS, VOL. I

Any member who elects to withdraw from membership in the fund shall not thereafter be eligible for membership or benefits except upon reinstatement to active membership in accordance with this subsection. Any such member may make application to the board for reinstatement of membership. Upon making such application, the applicant must pay to the fund a reinstatement fee of $100.00. Upon reinstatement, such member shall be entitled to credit for service rendered after reinstatement to active membership in the fund but not for service prior to the date of reinstatement. Any such applicant who fails to satisfy the requirements of reinstatement shall not be entitled to membership in the fund.

(2) An applicant for reinstatement of membership in the fund as provided in this subsection shall not be entitled to such reinstatement unless at the time of such application the applicant meets the requirements set forth in Code Section 47-7A-40.

ARTICLE 4

47-7A-60.

(a) Each firefighter or volunteer firefighter accepted for membership in the fund shall pay to the fund the sum of $15.00 for each month of service as a firefighter or volunteer firefighter in a fire department. Such monthly payments shall be due on or before the tenth day of each month of service.

(b) (1) Any member who becomes six months in arrears in making such payments shall be removed from membership in the fund and shall thereafter be ineligible for membership in or benefits under the fund, except as provided in this subsection and in subsection (c) of this Code section.

(2) Any member who has been removed from membership in the fund under paragraph (1) of this subsection may make application to the board for reinstatement of membership. As a condition of such reinstatement, the applicant must pay to the fund a reinstatement fee of $100.00. Upon such reinstatement, such member shall be entitled to credit for service rendered after reinstatement. If such member has not withdrawn the dues he or she paid to the fund prior to the suspension, then he or she shall also be entitled to creditable service for service rendered prior to the suspension.

(3) An applicant for reinstatement of membership in the fund as provided in this subsection shall not be entitled to reinstatement unless at the time of such application the applicant meets the requirements set forth in Code Section 47-7A-40 as a prerequisite to reinstatement to active membership.

GEORGIA lAWS 2000 SESSION

573

(c) If a member who has attained the minimum service credits required for a normal retirement benefit under Code Section 47-7A-100 is suspended from membership in the fund under this Code section and is not reinstated, then, provided that such member does not withdraw dues paid to the fund prior to his or her suspension, upon termination of service, such member shall be entitled to a normal retirement benefit payable under Code Section 47-7A-100. The normal retirement benefit to which such member may thereafter become entitled upon termination of service shall be calculated as of the date of the member's suspension from the fund, using the service credits and age the member had attained on the date of suspension, which shall be deemed to be the youngest age at which early retirement benefits may commence or such greater age as the member has actually attained on that date, and the maximum monthly benefit in effect on such date of suspension.

47-7A-61.

The board shall transfer to this pension fund all taxes collected by the board returned as taxes due on premiums charged by fire insurance companies for property coverage in areas in which the public fire suppression facilities of the fire department are ratable as a class nine rating under standards set forth in the Fire Suppression Rating Schedule, Section I, Public Fire Suppression, Edition 6-80, Copyright 1980, published by the Insurance Services Office, a rating organization licensed by the Commissioner of Insurance, which schedule is maintained on file with the Commissioner of Insurance as required by general law and which has not been disapproved by the Commissioner, or a rating which the board by regulation determines is substantially equivalent under rating standards published by an organization licensed by the Commissioner of Insurance performing similar rating functions, which standards are maintained on file with the Commissioner of Insurance and which have not been disapproved by the Commissioner of Insurance, as provided in Code Section 47-7-61.

ARTICLE 5

47-7A-80.

A firefighter's or volunteer firefighter's length of service may be transferable from one fire department to another by furnishing the board with a proper certificate.

47-7A-81.

(a) (1) The board is authorized to prescribe the mm1mum monthly and annual number of hours of drills and meetings required to be conducted by a volunteer fire department as a condition to qualification of service by a firefighter or volunteer firefighter with such department for credit toward retirement and other benefits under this chapter.

574

GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) Any volunteer fire department which fails to hold at least eight hours of drills and meetings per month for three months in any calendar year or such greater requirements as may be established by the board shall not be classified as a volunteer fire department for such calendar year, and the members of such department shall not be entitled to receive credit for service during such calendar year. Such members shall be entitled to a refund of 95 percent of the dues paid during such period.

(b) (1) The board is authorized to prescribe the monthly and annual percentage of attendance at drills, meetings, and fires necessary for volunteer firefighters to receive credit for service toward retirement and other benefits under this chapter and to establish the form of reports required to be filed with the board concerning such matters and the time within which such reports must be filed with the board. In no case shall the annual percentage be set by the board at less than 50 percent of all drills, meetings, and fires in any calendar year.

(2) Any volunteer firefighter who fails to meet the attendance requirements relative to drills, meetings, and fires in this Code section, or such greater requirement as may be established by the board for the calendar year, shall not be granted credit for such year's service; and, in the event the member has paid any dues into the fund for such period, the member shall be entitled to a refund of 95 percent of such dues so paid.

47-7A-82.

No person otherwise properly admitted to the fund shall be excluded from continuing membership therein solely because the member's employment by or service with a fire department is not in the capacity of a firefighter or volunteer firefighter, but no credit shall be given for service rendered in any month by any member of the fund unless such service is rendered as a firefighter or volunteer firefighter and no benefits payable by the terms of this chapter to a firefighter or volunteer firefighter shall be payable to any member unless such member is serving as a firefighter or volunteer firefighter at the time such benefits are earned or become payable. For any period during which any member provides service which is not creditable, the member shall be deemed to be on leave of absence from the fund.

ARTICLE 6

47-7A-100.

(a) As used in this Code section, the term:

(1) 'Maximum monthly retirement benefit' means $165.00.

GEORGIA lAWS 2000 SESSION

575

(2) 'Selected beneficiary' means any person designated from time to time before or after the approval of an application for retirement by the member in writing on forms prescribed by the board to receive benefits which continue to be payable upon the death of the member.

(3) 'Spouse' means the husband or wife to whom the member is validly married under the laws of this state at the time of the approval by the board of an application for retirement or at the time of the approval of a later exercise by such member of an option granted by this Code section and who holds such status at the time benefits became payable to such person on account of the death of a member.

(b) (1) Any eligible member who has attained the age of 55 years and who terminates service as a firefighter or volunteer firefighter after at least 25 years of service, upon application to and approval by the board, shall have a vested right in an amount equal to the maximum monthly retirement benefit in effect on the date the board approves such application. Such benefits shall commence on the date of the member's termination of service.

(2) Any eligible member who terminates service as a firefighter or volunteer firefighter after 25 years of service, but before reaching the age of 55 years, may, upon filing an application with the board, cease payment of such member's monthly dues following such termination of service and, upon reaching the age of 55 years and being otherwise eligible, shall be paid a monthly benefit equal to the maximum monthly retirement benefit in effect on the date such member attains the age of 55 years.

(c) Any eligible member who terminates service as a firefighter or volunteer firefighter after at least 15 years of service, upon application to and approval by the board, shall have a vested right in and to a monthly benefit payable for the member's lifetime equal to a pro rata amount of the maximum monthly retirement benefit in effect on the date of such termination of service, which amount shall be determined by the ratio of years served, being not less than 15 nor more than 25, to the full 25 year service retirement. Such benefits shall become payable when the member reaches 55 years of age or when he or she terminates employment as a firefighter or volunteer firefighter, whichever is later.

(d) At any time prior to approval by the board of an application for retirement, a member may elect or may revoke a previous election and make a new election to have monthly benefits payable under one of the options set forth in this subsection, in lieu of the benefits payable under subsection (b) or (c) of this Code section. The benefits shall be paid in accordance with the terms of the option elected. Election of any option shall be made by

576

GENERAL ACTS AND RESOLUTIONS, VOL. I

the member on forms provided by the board and shall be subject to approval by the board, which approval shall not be unreasonably withheld. No optional election is available for payment of disability benefits.

(1) Option A, the joint and survivor option, shall consist of a decreased retirement benefit which shall be payable during the joint lifetime of both the member and the member's spouse and which shall continue after the death of the member during the lifetime of the spouse in the amount chosen by the member, which amount shall be 100 percent, 75 percent, 66 2/3 percent, or 50 percent of the member's benefits. Any member who has completed 15 years of creditable service may elect that, in the event of the member's death prior to receiving any retirement benefits under this chapter, the member's spouse shall receive decreased retirement benefits in the amount elected by the member, which amount shall be 100 percent, 75 percent, 66 2/3 percent, or 50 percent of the benefits to which the member would have been entitled based upon the member's creditable service as of the time of the member's death. The decreased retirement benefits payable to the spouse of a member who dies prior to receiving any retirement benefits under this chapter shall commence on the date the member would have become 55 years of age and shall not be payable unless, prior to the member's death, the member had elected such benefits in the form and manner prescribed by the board and had filed such election with the board.

(2) Option B, the ten years' certain and life option, shall consist of a decreased retirement benefit payable to the member during the member's lifetime; and, in the event of the member's death within ten years after the member's retirement, the same monthly benefits shall be payable to the member's selected beneficiary for the balance of such ten-year period.

(3) If a member selects Option A, then, after the approval of the application for retirement, the following provisions apply:

(A) If the member's spouse shall predecease the member, the member may, in writing on forms prescribed by the board and subject to approval by the board, revoke Option A and thereafter receive during the member's lifetime a monthly retirement benefit commencing on the date on which the board approves such revocation, but not for any period prior to such approval, equal to the monthly benefit which would have been payable to the member had such option not been exercised;

(B) If there is entered a final judgment of complete divorce between the member and the member's spouse, the member may, in writing on forms prescribed by the board and subject to approval by the board, revoke Option A and thereafter receive during the member's lifetime a monthly retirement benefit commencing on the date on which the

GEORGIA LAWS 2000 SESSION

577

board approves such revocation, but not for any period prior to such approval, equal to the maximum monthly benefit which would have been payable had such option not been exercised; and
(C) If, following the death of the member's spouse or the entry of a final judgment of divorce between the member and the member's spouse, the member remarries, the member may, in writing on forms prescribed by the board and subject to approval by the board, elect Option A with respect to the member's new spouse. The joint and survivor benefit shall be determined as of the date of the election. No such election shall be made until the expiration of one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier.
(4) The amount of any optional retirement benefit set forth in this subsection shall be the actuarial equivalent of the amount of the benefit that would otherwise be payable to the member under subsection (b) or (c) of this Code section based upon the interest rate and mortality basis approved from time to time by the board, the age of the member, and, if applicable, the age of the member's spouse as of the date benefits are to commence or as of the date benefits would have commenced if the member had retired after first becoming eligible for full benefits, whichever is earlier, but the optional benefits available under Option A shall be calculated without regard to the provisions of paragraph (3) of this subsection.
(e) Any eligible member shall be entitled to an increase in the maximum monthly retirement benefit in effect at the time of the member's retirement under this Code section equal to 1 percent of the monthly retirement benefit for which the member would have been otherwise eligible for each full year of creditable service while a member of the fund as a firefighter or volunteer firefighter in excess of 25 years of creditable service.
(f) Any eligible member who would be entitled to the commencement of retirement benefits upon reaching age 55 under subsection (b) or (c) of this Code section may elect to retire after reaching the age of 50 but before reaching the age of 55 and immediately commence the drawing of retirement benefits and in that event the member shall be eligible immediately upon retirement for a reduced monthly pension benefit in an amount determined by multiplying the benefit for which the member would have been otherwise entitled under subsections (b), (c), and (e) of this Code section had the member delayed retirement or the commencement of benefits until the member reached age 55, such benefit to be determined as of the date of the member's actual retirement or first receipt of the monthly retirement benefit by the factor set forth below:

578

GENERAL ACTS AND RESOLUTIONS, VOL. I

If the Member's Age At Retirement (determined by
the member's age at the membf'r's immediately preceding birthday) Is:

The Early Retirement Factor Is:

50

.70

51

.76

52

.82

53

.88

54

.94

The option available under this subsection may also be exercised by a surviving spouse who is the beneficiary of an Option A election with respect to the benefits payable to the spouse in the event the member dies prior to receiving any benefits and would have been able to exercise the option available under this subsection.

(g) (1) If any member who has not elected an option under subsection (d) of this Code section dies after accruing at least 15 years of creditable service but before applying for retirement as provided in this Code section, and such member is survived by a spouse, the surviving spouse shall be entitled to receive a benefit as if the member had elected to receive 100 percent of the member's benefits under Option A as provided in paragraph (1) of subsection (d) of this Code section. Such benefits shall commence on the date the deceased member would have reached the age of 55 years or, at the option of the surviving spouse, on the date the deceased member would have reached the age of 50 years in accordance with the provisions of subsection (f) of this Code section.

(2) If any member who has not elected an option under subsection (d) of this Code section dies after accruing at least 15 years of creditable service but before applying for retirement as provided in this Code section, and such member is not survived by a spouse, the selected beneficiary shall be entitled to receive a benefit as if the member had elected to receive Option B as provided in paragraph (2) of subsection (d) of this Code section.

(3) If any member who has elected an option under subsection (d) of this Code section dies after accruing at least 15 years of creditable service but before applying for retirement as provided for in this Code section, the benefits shall be paid in accordance with the option so elected.

47-7A-101.

(a) Any member who applies for retirement benefits may withdraw such application at any time prior to its approval by the board.

GEORGIA LAWS 2000 SESSION

579

(b) Any person who again becomes a paid employee of a fire department after having been placed on retirement under Code Section 47-7A-100 shall immediately notify the secretary-treasurer of the fund of such reemployment. Retirement benefits being paid to such person shall be suspended as of the date of such reemployment and shall remain suspended until such reemployment terminates at which time the payment of retirement benefits shall be resumed in the amount to which the person was eligible at the time of reemployment. Within six months of the commencement of reemployment, any such person who at the time of application otherwise meets the requirements for membership may, by application in the manner provided by this chapter, become a member of the fund. In the event the application is granted, such member, upon meeting the requirements provided by law, shall be entitled to all benefits provided for in Code Section 47-7A-100, but the amount of monthly retirement benefits payable to such member shall not exceed the amount of the monthly benefit which would be payable to such member had such subsequent retirement become effective at the time of the member's prior retirement, unless after such reemployment the member shall have acquired not less than seven years' creditable service as a member of the fund.

47-7A-102.

(a) In the event of the death of a member of the fund on or after July 1, 2001, who is in good standing and who has not commenced receiving any benefits under this chapter, the designated beneficiary of such deceased member shall be entitled to be paid the amount of $5,000.00, upon making proper application to the secretary-treasurer of the fund. Such application shall be accompanied by a certified copy of the death certificate of the deceased member and such other information as may be required by the board.

(b) In the event of the death of a member of the fund on or after July 1, 2001, who is in good standing and who has commenced receiving benefits under this chapter, but who has not received total benefits in the amount of $5,000.00, the designated beneficiary of such deceased member shall be entitled to receive the difference between $5,000.00 and the amount of benefits received by such deceased member, upon making application as provided for in subsection (a) of this Code section.

47-7A-103.

Upon proper application and approval of the board, any member who withdraws from the fund shall be paid all the moneys such individual contributed to the fund, less 5 percent. Any refunds granted under this Code section or any other provision of this chapter shall be without interest.

580

GENERAL ACTS AND RESOLUTIONS, VOL. I

ARTICLE 7

47-7A-120.

If the moneys provided by this chapter are not sufficient at any time to enable the board to pay each person his or her benefits in full under this chapter, then those persons entitled to benefits shall be paid an equal amount, which, in the opinion of the board, the fund may provide. In no such event shall the board or any member of the board be liable to any beneficiary for any deficiencies in payments under this chapter.

47-7A-121.

Benefits under this chapter shall be subject to future legislative change and revision and no member of this fund or any other persons shall be deemed to have any vested right to any benefits, except as may be provided in Code Section 47-7A-100.

47-7A-122.

Benefits under this chapter shall not be subject to attachment, garnishment, levy, or other legal process against the firefighter, volunteer firefighter, or a designated beneficiary entitled to receive such benefits; nor shall such benefits or rights be assignable unless specifically provided for in this chapter.

47-7A-123.

The assets of the board, whether in the form of cash, securities, or real property, shall be deemed to be public property and exempt from any and all taxation, whether imposed by the state, or by any county, municipality, or political subdivision of this state.

47-7A-124.

(a) No claim shall be made against the fund for benefits or the return of contributions after the lapse of seven years from the date on which the secretary-treasurer of the fund shall have mailed by first-class mail to the last known address of the firefighter or volunteer firefighter or other person eligible therefor, as such address is reflected by the records of the fund, a written notice that the firefighter or volunteer firefighter or other eligible person is or may be eligible for such benefits or return of contributions; and, in the event any claim for benefits or the return of contributions is barred in accordance with this subsection, the amounts thereof shall be the property of this fund. The bar period prescribed by this subsection shall not begin to run with respect to a firefighter or volunteer firefighter on leave of absence who has elected to leave his or her contributions in the fund until the failure of the firefighter or volunteer firefighter to provide written confirmation of his or her election to remain on leave of absence within 60 days of a not

GEORGIA LAWS 2000 SESSION

581

more frequent than biennial request for such confirmation mailed to the last known address of such firefighter or volunteer firefighter, as such address is reflected by the records of the fund.

(b) No action shall be brought contesting any determination of the board with respect to eligibility for membership or continued membership in the fund, creditable service, eligibility for retirement benefits, the amount of retirement benefits payable, or the termination or suspension of retirement benefits after the expiration of 60 days from the date on which written notice of the final determination of the board is mailed by first-class mail to the last known address of the firefighter or volunteer firefighter or of the designated representative thereof, as such address is reflected on the records of the fund; and no court shall have jurisdiction of any action brought after the expiration of such period. The written notice provided for in this subsection shall contain notice of the limitation established by this subsection.

47-7A-125.

Upon request, an authorized representative of the board shall have the power to inspect and copy or make extracts from the records of any fire department or volunteer fire department concerning any member of the fund or applicant for membership. It shall be the duty of the custodian of such records for the fire department or volunteer fire department to make such records available to an authorized representative of the board at the location at which such records are normally kept. Information so obtained by the board shall not be disclosed by the board except in connection with a matter involving the member or applicant for membership to whom the records relate.

47-7A-126.

(a) Any person who knowingly makes any false statements or falsifies or permits to be falsified any records of the fund in an attempt to defraud the fund shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00, imprisonment for up to 12 months, or both.

(b) If any change or error in the records of the fund results in any member or beneficiary receiving from it more or less than such member or beneficiary would have been entitled to receive had the records been correct, the board shall have the power to correct such error and to adjust the payments as far as is practicable and in such manner that the actuarial equivalent of any additional benefit to which such member or beneficiary was correctly entitled shall be paid or in such manner that any excess payment shall be recovered.

582

GENERAL ACTS AND RESOLUTIONS, VOL. I

47-7A-127.

The benefits payable under this chapter shall be paid solely from the Georgia Class Nine Fire Department Pension Fund and in no event shall such benefits be paid from or charged to or be considered a liability of the Georgia Firefighters' Pension Fund. The actuarial soundness of the Georgia Class Nine Fire Department Pension Fund and the compliance of the Georgia Class Nine Fire Department Pension Fund with the requirements of Chapter 20 of this title shall be determined solely with reference to the Georgia Class Nine Fire Department Pension Fund and without regard to the Georgia Firefighters' Pension Fund."

SECTION 11.

This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.

SECTION 12.

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

Approved April 20, 2000.

STATE GOVERNMENT - ONEGEORGIA AUTHORITY; RURAL ECONOMIC DEVELOPMENT; PUBLIC FINANCING AND FINANCIAL
ASSISTANCE.
Code Title 50, Chapter 34 Enacted.
No. 682 (Senate Bill No. 398).
AN ACT
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the OneGeorgia Authority; to provide a short title; to provide for legislative findings and declaration of necessity; to provide definitions; to provide for the composition of the authority; to provide for the appointment of an executive director; to provide for limitation on the authority's liability; to provide for the powers of the authority; to provide for the powers to issue bonds and incur indebtedness; to provide for obligations not subject to the "Georgia Securities Act of 1973"; to provide for bonds as securities; to provide for the payment of bond proceeds; to provide for the power to secure issuance of bonds by trust agreement or indenture; to provide that all moneys received shall be deemed to be trust funds; to provide for annual and periodic

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audits and reports; to provide for termination of the authority; to provide for powers as to real property; to provide that competitive bidding on contracts is not required; to establish the OneGeorgia Authority Overview Committee and to provide for its duties; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by inserting at the end thereof a new Chapter 34 to read as follows:
"CHAPTER 34

50-34-1.

(a) This chapter shall be known and may be cited as the 'OneGeorgia Authority Act.'

(b) The General Assembly finds that:

(1) Despite the overall prosperity of the State of Georgia, the economic prosperity and development of rural Georgia has lagged behind that of the urban areas of the state.

(2) It is declared to be the public policy of this state to promote the health, welfare, safety, and economic security of the rural citizens of the state through the development and retention of employment opportunities in rural areas and the enhancement of the infrastructures which accomplish that goal.

(3) The public policies of this state as set forth in this Code section cannot be fully attained without the use of public financing and financial assistance, either direct or indirect; and such public financing can best be provided by the creation of a rural economic development authority having as its members certain public officers and officials whose attentions and efforts will thereby be focused on the prosperity of rural Georgia.

50-34-2.

As used in this chapter, the term:

(1) 'Authority' means the OneGeorgia Authority or any subsidiary corporation created by the board of directors of the OneGeorgia Authority pursuant to this chapter.

(2) 'Bonds' or 'revenue bonds' means any bonds, revenue bonds, notes, interim certificates, bond or revenue anticipation notes, or other evidences of indebtedness of the authority issued under this chapter, includ-

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ing, without limitation, obligations issued to refund any of the foregoing, notwithstanding that such bonds may be secured by the full faith and credit of a business, enterprise, or federal tobacco settlement proceeds paid to the State of Georgia.
(3) 'Business' means any lawful activity engaged in for profit or not for profit, whether organized as a corporation; a partnership, either general or limited; a sole proprietorship; an educational institution; or otherwise.
(4) 'Cost of project,' 'cost of any project,' or 'cost of an enterprise' means, as the context may require, all, including but without limiting the generality of the foregoing, of the following:
(A) All costs of acquisition, by purchase or otherwise, and all costs of installation, modification, repair, reconditioning, renovation, remodeling, extension, rehabilitation, or preservation incurred in connection with any project or part of any project;
(B) All costs of real property, fixtures, equipment, or personal property used in or in connection with or necessary or convenient for any project or any facility or facilities related thereto, including, but not limited to, cost of land, interests in land, options to purchase, estates for years, easements, rights, improvements, water rights, and connections for utility services; the cost of fees, franchises, permits, approvals, licenses, and certificates or the cost of securing any of the foregoing; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment, furniture, and other property used in connection with or necessary or convenient for any project or facility;
(C) All financing charges, including, but not limited to, premiums and prepayment penalties; interest accrued or to accrue prior to and up to three years after the acquisition, installation, financing, or commencement of a project and any other cost related to a project up to three years after such acquisition, installation, financing, refinancing, or commencement; any loan or loan guarantee fees; and any fees paid to or which accrue to the authority regardless of the timing of such fees, prior to, during the operation of, or after the acquisition, installation, financing, refinancing, or commencement of a project;
(D) The cost of architectural, engineering, legal, financing, surveying, planning, environmental reports and inspections, accounting services, and any and all other necessary technical personnel or other expenses necessary or incident to planning, providing, or determining the need for or the feasibility or practicability of a project or financial assistance to or financing of a project;

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(E) All fees for legal, accounting, bond, underwriting, trustee, paying agent, option provider, credit enhancement, and fiscal agent services for bondholders under any bond resolution, trust agreement, indenture, or similar instrument or agreement and all expenses incurred by any of the above;

(F) The cost of plans and specifications for any project;

(G) The cost of title insurance and title examinations with respect to any project;

(H) Administrative costs, expenses, and fees rendered or incurred with respect to any project;

(I) The cost of the establishment of any reserves, including, but not limited to, any sinking fund and debt service reserves;
mAll costs of servicing any loans made or acquired;

(K) The cost of the authority incurred in connection with providing a project, including reasonable sums to reimburse the authority for time spent by its agents or employees in providing and financing a project; and

(L) The cost paid or incurred for the administration of any program for the purchase or lease of or the making of loans for a project by the authority and any program for the sale or lease of or making of loans for a project to any business, enterprise, local government, or any other person.

(5) 'Enterprise' means a business engaged in manufacturing, producing, processing, assembling, repairing, extracting, warehousing, handling, or distributing any agricultural, manufactured, mining, or industrial product or any combination of the foregoing; a business engaged in furnishing or facilitating communications, computer services, research, or transportation; a business engaged in tourism; a business engaged in commercial or retail sales or service; a business engaged in construction; and corporate and management offices and services provided in connection with any of the foregoing, in isolation or in any combination that involves, in each case, either the creation of new or additional employment, the retention of existing employment or payroll, or the increase of average payroll for employees of such enterprise.

(6) 'Facilities' means any real property, personal property, or mixed property of any and every kind.

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(7) 'Local government' or 'local governing authority' means any municipal corporation or county or any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of this state.

(8) 'Operating capital' means the cost of general operation and administration of a business for a temporary period, not to exceed one year.

(9) 'Project' includes:

(A) Any one or more buildings or structures to be used in the production, manufacturing, processing, assembling, storing, or handling of any agricultural, manufactured, mining, or industrial product or any combination of the foregoing, in every case with all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping, and facilities for outdoor storage, all as determined by the authority, which determination shall be final and not subject to review; and there may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive, and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation;

(B) The acquisition, construction, leasing, or equipping of new industrial facilities or the improvement, modification, acquisition, expansion, modernization, leasing, equipping, or remodeling of existing industrial facilities;

(C) The acquisition, construction, improvement, or modification of any property, real or personal, used as air or water pollution control facilities which the authority has determined is necessary for the operation of the industry or industries which the same is to serve and which is necessary for the public welfare, provided that, for the purposes of this subparagraph, the term 'air pollution control facility' means any property used, in whole or in substantial part, to abate or control atmospheric pollution or contamination by removing, altering, disposing of, or storing atmospheric pollutants or contaminants, if such facility is in furtherance of applicable federal, state, or local standards for abatement or control of atmospheric pollutants or contaminants; and provided, further, that, for the purpose of this subparagraph, the term 'water pollution control facility' means any property used, in whole or in substantial part, to abate or control water pollution or contamination by removing, altering, disposing of, or storing pollutants, contaminants, wastes, or heat, including the necessary intercepting sewers, outfall sewers, pumping, power, and other equipment, holding ponds, lagoons, and ap-

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purtenances thereto, if such facility is in the furtherance of applicable federal, state, or local standards for the abatement or control of water pollution or contamination;

(D) The acquisition, construction, improvement, or modification of any property, real or personal, used as or in connection with a sewage disposal facility or a solid waste disposal facility which the authority has determined is necessary for the operation of the industries which the same is to serve and which is necessary for the public welfare, provided that, for the purposes of this subparagraph, the term 'sewage disposal facility' means any property used for the collection, storage, treatment, utilization, processing, or final disposal of sewage; for the purposes of this subparagraph, the term 'solid waste disposal facility' means any property used for the collection, storage, treatment, utilization, processing, or final disposal of solid waste; for the purposes of this subparagraph, the term 'solid waste' means garbage, refuse, or other discarded solid materials, including solid waste materials resulting from industrial and agricultural operations and from community activities but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as salt, dissolved or suspended solids in industrial waste-water effluents, and dissolved materials in irrigation return flows; and for the purposes of this subparagraph, the word 'garbage' includes putrescible wastes, including animal and vegetable matters, animal offal and carcasses, and recognizable industrial byproducts but excludes sewage and human wastes; and for the purposes of this subparagraph, the word 'refuse' includes all nonputrescible wastes;

(E) The acquisition, construction, leasing, or financing of:

(i) An office building facility and related real and personal property for use by the authority or by any business, nonprofit, or charitable corporation, association, or similar entity which will further the development of trade, commerce, industry, or employment opportunities in this state and which shall be adjacent to or used in conjunction with any other existing or proposed project defined in this paragraph, which existing or proposed project is used or intended to be used by the authority or by such business or charitable corporation, association, or similar entity;

(ii) A separate office building facility and related real and personal property for use by the authority or by any business or charitable corporation, association, or similar entity which will further the development of trade, commerce, industry, or employment opportunities in this state; or

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(iii) Any real or personal property to be used by a charitable corporation, association, or similar entity which will further the development of trade, commerce, industry, or employment opportunities in this state;
(F) The acquisition, construction, equipping, improvement, modification, or expansion of any property, real or personal, for use by an enterprise; and
(G) The acquisition, construction, installation, modification, renovation, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities. A project may be for any industrial, commercial, business, office, parking, public, or other use, provided that a majority of the members of the authority determines, by a duly adopted resolution, that the project and such uses thereof would further the public purpose of this chapter.
50-34-3.
(a) There is created a body corporate and politic to be known as the OneGeorgia Authority which shall be deemed to be an instrumentality of the state, and not a state agency, and a public corporation performing an essential governmental function.
(b) The authority is assigned to the Department of Industry, Trade, and Tourism for administrative purposes only.
(c) The authority shall consist of the Governor, who shall serve as chair of the authority; the Lieutenant Governor, who shall serve as vice chair of the authority; the director of the Office of Planning and Budget, who shall serve as secretary of the authority; the commissioner of the Department of Community Affairs; the commissioner of the Department of Industry, Trade, and Tourism; and the commissioner of the Department of Revenue.
(d) Except for the authorization of the issuance of bonds, the authority may delegate to the executive director such powers and duties as it may deem proper.

(e) The Governor shall appoint an executive director of the authority whose compensation shall be fixed by the authority. The executive director shall appoint such directors, deputies, and assistants and hire such staff as may be

GEORGIA LAWS 2000 SESSION

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necessary to manage the operations of the authority and may fix their compensation. The executive director may organize the authority into such divisions, sections, or offices as may be deemed necessary or convenient.

(f) No part of the funds of the authority shall inure to the benefit of or be distributed to its members or officers or other private persons, except that the authority shall be authorized and empowered to pay reasonable compensation for services rendered and to reimburse expenses incurred. In addition, the authority shall be authorized and empowered to make loans and grants, allocate credits, provide financial assistance, and otherwise exercise its other powers in furtherance of its corporate purposes. No such loans or grants or financial assistance shall be made to, no credits shall be allocated to, and no property shall be purchased or leased from or sold, leased, or otherwise disposed of to any member or officer of the authority in his or her individual capacity or by virtue of partnership or ownership of a for profit corporation. This subsection does not preclude loans or grants to, financial assistance or allocation of credit to, or purchase or lease from or sale, lease, or disposal of property to any subsidiary corporation of the authority.

(g) The Attorney General shall provide legal services for the authority, and, in connection therewith, Code Sections 45-15-13 through 45-15-16shall be fully applicable.

50-34-4.

Neither the members of the authority nor any officer or employee of the authority acting in behalf thereof, while acting within the scope of his or her authority, is subject to any liability resulting from:

(1) The construction, ownership, maintenance, or operation of any project financed with the assistance of the authority; or

(2) Carrying out any of the powers given in this chapter.

50-34-5.

(a) The powers of the authority shall be vested in the members of the board of directors in office from time to time; and a majority of members in office shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the authority.

(b) Action may be taken and motions and resolutions adopted by the board at any meeting thereof by the affirmative vote of a majority of present and voting board members.

(c) No vacancy in the membership of the board shall impair the right of the members to exercise all the powers and perform all duties of the board.

590

GENERAL ACTS AND RESOLUTIONS, VOL. I

50-34-6.

(a) The authority shall have any and all powers necessary or convenient to its usefulness in carrying out and effectuating the purposes and provisions of this chapter which are not in conflict with the Constitution of this state, including, but without limiting the generality of the foregoing, the following powers:
(1) To sue and be sued in contract and in tort and to complain and defend in all courts;

(2) To adopt and alter a corporate seal;

(3) To adopt, amend, and repeal bylaws, rules and regulations, and policies and procedures for the regulation of its affairs and the conduct of its business, the election and duties of officers and employees of the authority, and such other matters as the authority may determine;

(4) To appoint and select officers, agents, and employees, including professional and administrative staff and personnel, financial advisers, consultants, fiscal agents, trustees, and accountants and to fix their compensation and pay their expenses, including the power to contract with any department, agency, board, commission, or authority of state government for professional, technical, clerical, and administrative support as may be required;

(5) To procure or to provide insurance against any loss in connection with its programs, property, and other assets;

(6) To borrow money and to issue notes and bonds and other obligations to accomplish its public purposes and to provide for the rights of the lenders or holders thereof;

(7) To pledge, mortgage, convey, assign, hypothecate securities, or otherwise encumber any property of the authority, including, but not limited to, real property, fixtures, personal property, intangible property, revenues, income, charges, fees, or other funds and to execute any lease, trUSt indenture, trust agreement, resolution, agreement for the sale of the authority's bonds, loan agreement, mortgage, deed to secure debt, trUSt deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure any such bonds, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument; the state, on behalf of itself and each political subdivision, public body corporate and politic, or taxing district therein, waives any right it or such political subdivision, public

GEORGIA lAWS 2000 SESSION

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body corporate and politic, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority upon such default and agrees that any agreement or instrument encumbering such property may be foreclosed in accordance with law and the terms thereof;

(8) To extend credit, to make loans, to participate in the making of loans, to provide credit enhancement, and to provide or procure insurance;

(9) To collect fees and charges in connection with its bonds, loans, commitments, insurance, credit enhancement, and servicing, including, but not limited to, reimbursement of costs of financing;

(10) To sell loans, security interests, and other obligations of the authority at public or private sale; to negotiate modifications or alterations in loans, security interests, and other obligations of the authority; to foreclose on any security interest in default or commence any action to protect or enforce any right conferred upon it by any law, security agreement, deed of trust, deed to secure debt, contract, or other agreement; to bid for and purchase property which was the subject of such loan, security interest, or other obligation of the authority at any foreclosure or at any other sale; to acquire or take possession of such property; and to exercise any and all rights as provided by law or contract for the benefit or protection of the authority or holders of the authority's notes, bonds, or other obligations;

(11) To procure or to make and execute contracts, agreements, and other instruments, including interest rate swap or currency swap agreements, letters of credit, or other credit facilities or agreements, and to take such other actions and do such other things as the authority may deem appropriate to secure the payment of any loan, lease, or purchase payment owed to the authority or any bonds or other obligations issued by the authority, including the power to pay the cost of obtaining any such contracts, agreements, and other instruments;

(12) To receive and use the proceeds of any tax levied by the state or a local government or taxing district of the state enacted for the purposes of providing credit enhancement or for any other purpose for which the authority may use its own funds pursuant to this chapter;

(13) To receive and administer gifts, grants, and devises of money and property of any kind; to administer trusts; and to receive such part of the proceeds paid to the State of Georgia pursuant to funds received by the state pursuant to the settlement of the lawsuit filed by the state against certain tobacco companies (State of Georgia, et al. v. Philip Morris, Inc., et al., Civil Action #E-61692, V19/246 (Fulton County Superior Court, 19 December 9, 1998)), as the General Assembly shall from time to time appropriate for the purposes of the authority, and to sell, convey, or otherwise encumber such moneys appropriated from the proceeds of such settlement

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GENERAL ACTS AND RESOLUTIONS, VOL. I

by capitalizing or securitizing the same and entering into contracts pertaining thereto in order to enable the authority, in its judgment, to better accomplish the purposes of this chapter;

(14) To acquire real and personal property in its own name to promote any of the public purposes of the authority or for the administration and operation of the authority;
(15) To provide and administer grant moneys for any of the public purposes of the authority and to comply with all conditions attached thereto;
(16) To contract for any period, not exceeding 50 years, with the state, any institution, department, agency, or authority of the state, or any local government within the state for the use by the authority of any facilities or services of any such entity or for the use by any such entity of any facilities or services of the authority, provided that such contracts shall deal with such activities and transactions as the authority and any such entity with which the authority contracts are authorized by law to undertake;
(17) To invest any accumulation of its funds, including, but without limiting the generality of the foregoing, funds received from the issuance of bonds and any sinking funds or reserves in any manner as it determines is in its best interests and to purchase its own bonds and notes;

(18) To hold title to any project financed by it, but it shall not be required to do so;
(19) To establish eligibility standards for financing and financial assistance and technical assistance authorized for projects under this chapter;
(20) To sell or otherwise dispose of unneeded or obsolete equipment or property of every nature and every kind;
(21) To lease as lessor any facility or any project for such rentals and upon such terms and conditions as the authority considers advisable and not in conflict with this chapter;
(22) To sell by installment or otherwise to sell by option or contract for sale and to convey all or any part of any item of any project or facility for such price and upon such terms and conditions as the authority considers advisable and which are not in conflict with this chapter;
(23) To manage property, intangible, real, and personal, owned by the authority or under its control by lease or by other means;
(24) To do any and all things necessary, desirable, convenient, or incidental for the accomplishment of the objectives of this chapter and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the public purposes of the authority or the Constitution and laws of this state, including:

GEORGIA LAWS 2000 SESSION

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(A) The power to retain accounting and other financial services;

(B) The power to purchase all kinds of insurance, including, without limitation, insurance against tort liability and against risks of damage to property;

(C) The power to indemnify and hold harmless any parties contracting with the authority or its agents from damage to persons or property; and

(D) The power to act as self-insurer with respect to any loss or liability and to create insurance reserves;

(25) To incorporate one or more nonprofit corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority and to accomplish any of the purposes of the authority. Any such subsidiary corporation shall be a nonprofit corporation, a public body, a political subdivision of the state, and an instrumentality of the state and shall exercise essential governmental functions. Any subsidiary corporations created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filings. The members of the board of directors of any such corporation shall be appointed by the authority and may include persons who are members of the authority; provided, however, that a majority of the members of the board of directors of any such corporation shall be persons who are not members of the authority and who are not officials or employees of the State of Georgia. Upon dissolution of any subsidiary corporation of the authority, any assets shall revert to the authority or to any successor to the authority or, failing such succession, to the State of Georgia. The authority shall not be liable for the debts or obligations or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority expressly so consents;

(26) To lease any authority owned facilities or property or any state owned facilities or property which the authority is managing under contract with the state; and no such lease agreement shall be deemed to be a contract subject to any law requiring that contracts shall be let only after receipt of competitive bids;

(27) To provide advisory, technical, consultative, training, management, educational, project assistance, and other services related to the purposes of the authority to the state and any institution, department, agency, or authority of the state, to any local government, or to any nonprofit or for profit business, corporation, partnership, association, sole proprietorship, or other entity or enterprise and to enter into contracts with the foregoing including without limitation the Department of Industry, Trade, and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Tourism, to provide such services; and the state, any institution, department, agency, or authority of the state, including without limitation the Department of Industry, Trade, and Tourism, and any local government are authorized to enter into contracts with the authority for such services, to perform all duties required by the contract, and to pay for such services as may be provided them;
(28) To impose restrictive covenants which shall be deemed to be running with the land to any person, corporation, partnership, or other form of business entity which receives financial assistance from the authority, which form of financial assistance shall include tax credits, bond financing, grants, guarantees of the authority, guarantees of the state, insurance of the authority, and all other forms of financial assistance, regardless of whether the authority enjoys privity of estate or whether the covenant touches and concerns the property burdened; and such restrictive covenants shall be valid for a period of up to the later of 40 years or the termination or satisfaction of such financial assistance, notwithstanding any other provision of law;

(29) To enter into partnership agreements, to sell and purchase partnership interests, and to serve as general or limited partner of a partnership created to further the public purposes of the authority;
(30) To allocate and issue any federal or state tax credits for which the authority is designated as the state allocating agency;
(31) To make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this chapter;
(32) To cooperate with and exchange services, personnel, and information with any federal, state, or local governmental agency;
(33) To adopt regulations for its own governance regarding cost-effective distribution of authority funds and prioritization of projects, subject to the direction of the General Assembly with regard to funds appropriated for the purposes of the authority; and
(34) To contract with any department, agency, board, commission, or authority of state government for any purpose necessary or incidental to carrying out or performing the duties, responsibilities, or functions of the authority in exercising the power and management of the authority; provided, however, such contracts shall not delegate the authorization of the issuance of any bonds or other indebtedness of the authority. No part of the funds or assets of the authority shall be distributed to any department, authority, agency, board, or commission of the state unless otherwise provided by law, except that the authority shall be authorized and empowered to pay reasonable compensation for services rendered and to

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reimburse expenses incurred and, except as may be deemed necessary or desirable by the authority, to fulfill the purposes of the authority as set forth in this chapter. Nothing in this paragraph shall be construed as precluding the provision by any department, authority, board, commission, or agency of the state and the authority of joint or complementary services or programs within the scope of their respective powers. The Department of Industry, Trade, and Tourism is authorized to acquire, construct, operate, maintain, expand, and improve a project for the purposes of the authority, and for the public good and general welfare, to contract with the authority for any such acquisition, construction, operation, maintenance, expansion, or improvement and to pay the cost of such project from any lawful fund source available to the department, including without limitation, where applicable, funds received by a_ppropriation, proceeds of general obligation debt, funds of local government, grants of the United States or any agency or instrumentality thereof, gifts, and otherwise.

(b) The powers enumerated in each paragraph of subsection (a) of this Code section are cumulative of and in addition to those powers enumerated in the other paragraphs of subsection (a) of this Code section and elsewhere in this chapter and no such power limits or restricts any other power of the authority.

(c) This chapter, being for the welfare of this state and being for the welfare of its citizens, shall be liberally construed to effect the purposes specified in this chapter.

(d) No portion of the state ceiling, as defined in Code Section 36-82-182, shall be set aside or reserved, and no separate pool or share shall be created within the state ceiling, for the purpose of reserving for or allocating to the authority a portion of the state ceiling for use by the authority in the financing of, or the provision of financial assistance for, any enterprise. The distribution to the authority by the Department of Community Mfairs of any portion of the state ceiling for the purpose of permitting the financing of any enterprise shall be accomplished based upon the merits of each enterprise and shall be accomplished upon the same terms and conditions, without preference or priority of any kind, as shall be applicable to the distribution of any portion of the state ceiling for the benefit of any enterprise proposed to be financed by a local authority.

(e) No personal financial information submitted to the authority in connection with any of its programs shall be subject to public disclosure.

(f) All contracts of the authority with any department, agency, board, commission, or authority of state government shall be subject to review and approval by a subcommittee of the board of directors to consist of the Lieuten-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ant Governor, who shall chair such subcommittee; the commissioner of the Department of Community Affairs; and the commissioner of the Department of Industry, Trade, and Tourism.

50-34-7.

(a) The authority may issue bonds for the purpose of facilitating economic development; for the improvement of public health, safety, and welfare; and for other public purposes through the provision of financing and financial assistance for projects, either directly or indirectly through a financial institution; a lender; the state; any institution, department, agency, fund, or authority of the state or created under any state law; any political subdivision of the state; or any other public agency, public or private business, enterprise, agency, corporation, authority, or any other entity.

(b) The authority shall have the power to borrow money and to issue bonds, regardless of whether the interest payable by the authority incident to such loans or bonds or income derived by the holders of the evidence of such indebtedness or bonds is, for purposes of federal taxation, includable in the taxable income of the recipients of such payments or is otherwise not exempt from the imposition of such taxation on the recipient.

(c) No bonds, notes, or other obligations of, and no indebtedness incurred by, the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies; provided, however, that the state, to the extent permitted by its Constitution, may guarantee payment of such bonds, notes, or other obligations as guaranteed revenue debt.

(d) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential government function in the exercise of the powers conferred upon it by this chapter. The state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by the authority or under the jurisdiction, control, possession, or supervision of the authority or upon the activities of the authority in the financing of the activities financed by the authority or upon any principal, interest, premium, fees, charges, or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption from taxation is declared to specifically extend to any subsidiary corporation created by the board of directors of the authority but shall not extend to tenants or lessees

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of the authority unless otherwise exempt from taxation. The exemption from taxation shall include exemptions from sales and use taxes on property purchased by the authority or for use by the authority.

(e) The state does pledge to and agree with the holders of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or in any way impair the rights and remedies of bondholders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders.

50-34-8.

(a) The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, the 'Georgia Securities Act of 1973.' No notice, proceeding, or publication except those required in this chapter is necessary to the performance of any act authorized in this chapter; nor is any such act subject to referendum.

(b) The authority shall fix such rates, fees, and charges for loans and for use of its services and facilities as is sufficient in the aggregate (when added to any other grants or funds available to the authority) to provide funds for the payment of the interest on and principal of all bonds payable from said revenues and to meet all other encumbrances upon such revenues as provided by any agreement executed by the authority in connection with the exercise of its powers under this chapter and for the payment of all operating costs and expenses which shall be incurred by the authority, including provisions for appropriate reserves, except for funds appropriated to the State of Georgia Guaranteed Revenue Debt Common Reserve Fund with respect to any bonds issued by the authority as guaranteed revenue debt; provided, however, that such costs and expenses shall include any reimbursement to the State of Georgia Guaranteed Revenue Debt Common Reserve Fund because of any payments made from such fund for any guaranteed revenue debt issued by the authority.

{c) The use and disposition of the authority's revenue is subject to the provisions of the resolutions authorizing the issuance of any bonds payable therefrom or of the trust agreement or indenture, if any, securing the same. The authority may designate any of its bonds as general obligations or may limit the source of repayment pursuant to the resolution authorizing the issuance of the bonds.

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(d) The making of any loan commitment or loan, and the issuance, in anticipation of the collection of the revenues from such loan or loans, of bonds to provide funds therefor, may be authorized under this chapter by resolution of the authority. Unless otherwise provided therein, such resolution shall take effect immediately and need not be published or posted. The authority, in determining the amount of such bonds, may include all costs and estimated costs of the issuance of the bonds; all fiscal, legal, and trustee expenses; and all costs of the project. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other obligations of any nature, whether or not such bonds or other obligations are then subject to redemption; and the authority may provide for such arrangements as it may determine for the payment and security of the bonds being issued or for the payment and security of the bonds or other obligations to be paid off, refunded, or refinanced.
(e) Bonds may be issued under this chapter in one or more series; may bear such date or dates; may mature at such time or times, not exceeding 40 years from their respective dates; may bear interest at such rate or rates, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form, either coupon or registered or book entry; may be issued in such specific amounts; may carry such registration, conversion, and exchangeability privileges; may be declared or become due before the maturity date thereof; may provide such call or redemption privileges; may have such rank or priority; may be the subject of a put or agreement to repurchase by the authority or others; may be resold by the authority, once acquired, without the acquisition being considered the extinguishment of the bonds; may be issued for a project or for more than one project, whether or not such project is identified at the time of bond issuance; and may contain such other terms, covenants, assignments, and conditions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. The authority may sell such bonds in such manner, at such price or prices, and on such terms and conditions as the authority determines.
(f) The bonds must be signed by the chair or vice chair of the authority; the corporate seal of the authority must be impressed, imprinted, or otherwise reproduced on the bonds; and the bonds must be attested by the signature of the secretary or assistant secretary of the authority. The signatures of the officers of the authority and the seal of the authority on any bond issued by the authority may be facsimile if the instrument is authenticated or countersigned by a trustee other than the authority itself or an officer or employee of the authority. All bonds issued under authority of this chapter bearing signatures or facsimiles of signatures of officers of the authority in office on the date of the signing thereof are valid and binding, notwith-

GEORGIA LAWS 2000 SESSION

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standing that before the delivery thereof and payment therefor such officers whose signatures appear thereon have ceased to be officers of the authority. Pending the preparation of the definitive bonds, interim certificates, in such form and with such provisions as the authority may determine, may be issued to the purchasers of bonds to be issued under this chapter.

(g) The provisions of this chapter and of any bond resolution, indenture, or trust agreement entered into pursuant to this chapter are a contract with every holder of the bonds; and the duties of the authority under this chapter and under any such bond resolution, indenture, or trust agreement are enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity.

(h) The authority may provide for the replacement of any bond which becomes mutilated, lost, or destroyed in the manner provided by the resolution, indenture, or trust agreement.

(i) (1) The authority shall not have outstanding at any one time bonds and notes for financing of enterprises exceeding $1 billion; provided, however, that such limitations shall not apply with respect to bonds and notes issued to refund outstanding bonds and notes.

(2) Any limitation with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law'; the usury laws of this state; or any other laws of this state do not apply to bonds of the authority.

(j) All bonds issued by the authority under this chapter shall be issued and shall be validated by the Superior Court of Fulton County, Georgia, under and in accordance with the procedures set forth in Code Sections 36-82-73 through 36-82-83, which comprise a portion of the 'Revenue Bond Law,' as now or hereafter in effect, except as provided in this chapter. Notes and other obligations of the authority may be, but are not required to be, so validated.

(k) All bonds must bear a certificate of validation signed by the clerk of the Superior Court of Fulton County, Georgia. Such signature may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry is original evidence of the fact of judgment and shall be received as original evidence in any court in this state.

(1) The authority shall reimburse the district attorney for his or her actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation and confirmation shall be as follows for each bond, regardless of the denomination of such bond: $1.00 for each bond for the first 100 bonds; 25 for each of the next 400 bonds; and 10 for each bond over 500.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(m) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General; the notice to the public of the time, place, and date of the validation hearing; and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest (which may be fixed or may fluctuate or otherwise change from time to time) specified in such notices and the petition and complaint or may state that, if the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate (which may be fixed or may fluctuate or otherwise change from time to time) so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint.
(n) Prior to issuance, all bonds shall be subject to the approval of the Georgia State Financing and Investment Commission.
(o) Any other law to the contrary notwithstanding, this chapter shall govern all civil claims, proceedings, and actions respecting debt of the authority evidenced by bonds.

(p) Notwithstanding any contrary provision in this chapter, any bonds, revenue bonds, or securities of any kind issued under this chapter may only be secured by obligation of a business, enterprise, or proceeds paid to the State of Georgia pursuant to funds received by the state pursuant to the settlement of the lawsuit filed by the state against certain tobacco companies (State of Georgia, et al. v. Philip Morris, Inc., et al., Civil Action #E-61692, V19/ 246 (Fulton Superior Court, 19 December 9, 1998)).
50-34-9.
The bonds authorized by this chapter are securities in which:
(1) All public officers and bodies of this state;
(2) All local governments of this state;

(3) All insurance companies and associations and other persons carrying on an insurance business;
(4) All banks, bankers, trust companies, saving banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business;

GEORGIA lAWS 2000 SESSION

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(5) All administrators, guardians, executors, trustees, and other fiduciaries; and

(6) All other persons whomsoever who are authorized to invest in bonds or other obligations of this state

may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are also securities which may be deposited with and shall be received by all public officers and bodies of this state and local governments for any purpose for which deposit of the bonds or other obligations of this state is authorized.

50-34-10.

(a) All or any part of the gross or net revenues and earnings derived from any particular loan or loans and any and all revenues, earnings, and funds received by the authority, regardless of whether such revenues and earnings were produced by a particular loan or loans for which bonds have been issued, may be pledged by the authority to the payment of the principal of and interest on bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any indenture or trust agreement pertaining to such bonds.

(b) Such funds so pledged, from whatever source received, may include funds received from one or more of all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or indenture or trust agreement, which sinking funds may be pledged to and charged with the payment of:

(1) The interest on such bonds as such interest becomes due;

(2) The principal of the bonds as the same mature;

(3) The necessary charges of any trustee, paying agent, or registrar for such bonds;

(4) Any premium on bonds retired on call or purchase; and

(5) Reimbursement of a credit enhancement provider who has paid principal of or premium or interest on any bond.

(c) The use and disposition of any sinking fund may be subject to regulations for which provision may be made in the resolution authorizing the issuance of the bonds or in the trust instrument or indenture securing the payment of the same.

602

GENERAL ACTS AND RESOLUTIONS, VOL. I

50-34-11.

(a) Any issue of bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee, which may be any trust company or bank having the power of a trust company inside or outside this state. Such trust agreement or indenture may pledge or assign all revenue, receipts, and earnings to be received by the authority from any source and any proceeds which may derive from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon.

(b) The resolution providing for the issuance of bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver on default in the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rates, fees, and charges pertaining to any loan, any overdue principal and interest on any loan, any overdue principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority.
(c) Such resolution, trust agreement, or indenture may include covenants setting forth the duties to the authority regarding the custody, safeguarding, and application of all funds of the authority, including any proceeds derived from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. In addition, such resolution, trUst agreement, or indenture may include covenants providing for the operation, maintenance, repair, and insurance of any facility or capital improvements constructed or acquired with loan proceeds.

(d) All expenses incurred in carrying out any trust agreement or indenture under this Code section may be treated as a part of the cost of financing and administering the loans that will be funded or acquired with the proceeds of the bonds governed by such trust agreement or indenture.
50-34-12.

(a) All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or other obligations, as grants or other contributions, or as revenues and earnings, shall be deemed to be trUSt funds to be held and applied solely as provided in this chapter. The author ity shall, in the resolution providing for the issuance of bonds or in the trUSt indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who, or any agency, bank, or trust company which, shall act as trustee of such funds and

GEORGIA lAWS 2000 SESSION

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shall hold and apply the same to the purposes expressed in this chapter, subject to such regulations as this chapter and such resolution or trust indenture may provide.

(b) The authority may pledge for the payment of its bonds such assets, funds, and properties as the resolution providing for the issuance of its bonds may provide. Any such pledge made by the authority is valid and binding from the time when the pledge is made; the moneys or properties so pledged and thereafter received by the authority are immediately subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge is valid and binding as against all parties having claims of any kind against the authority, irrespective of whether such parties have notice thereof. No resolution or any other instrument by which a pledge is created need be recorded.

50-34-13.

(a) The state auditor or an independent public accountant retained by the authority shall make an annual audit of the books, accounts, and records of the authority with respect to its receipts, disbursements, contracts, leases, assignments, loans, and all other matters relating to its financial operations. The state auditor shall place the audit report on file in his or her office, make the report available for inspection by the general public, and shall submit a copy of the report to the General Assembly.

(b) In addition to the annual audit report, the authority shall render to the state auditor every six months a report setting forth in detail a complete analysis of the activities, indebtedness, receipts, and financial affairs of the authority.

50-34-14.

The authority and its corporate existence shall continue until terminated by law; provided, however, that no such law shall take effect so long as the authority shall have bonds or other obligations outstanding, unless adequate provision has been made for the payment thereof. On termination of the existence of the authority, all its rights and properties shall pass to and be vested in the State of Georgia.

50-34-15.

Without limiting the generality of the findings and intent of the General Assembly or any provision of this chapter, the authority shall facilitate economic development for enterprises throughout the state by means that shall include, without limitation, the issuance of bonds, with or without such credit enhancement as the authority may deem appropriate; the collection of and accumulation of fees and other revenues; the establishment of debt service reserves and sinking funds; and the use of the proceeds from such

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GENERAL ACTS AND RESOLUTIONS, VOL. I

bonds, funds, and reserves to make loans to enterprises, either directly to such enterprises lr indirectly through a financial institution, a political subdivision, or otherwise; to acquire loans made by others to such enterprises; to establish revolving or other funds from which short-term or long-term loans can be made to such businesses; to guarantee the payment of loans or other obligations of such enterprises; and to do all things deemed by the authority to be necessary, convenient, and desirable for and incident to the efficient and proper development and operation of such types of undertakings.
50-34-16.

A project financed under this chapter is not subject to any statutory requirement of competitive bidding or other restriction imposed on the procedure for award of contracts or the lease, sale, or other disposition of property with regard to any action taken under authority of this chapter.

50-34-17.

(a) There is established the OneGeorgia Authority Overview Committee to be composed of one member of the House of Representatives to be appointed by the Speaker of the House of Representatives, one member of the Senate to be appointed by the President of the Senate, two members of the General Assembly to be appointed by the Governor, and the director of the Legislative Budget Office. The legislative members shall serve for terms as members of the committee concurrent with their terms of office as members of the General Assembly. The first members of the committee shall be appointed by not later than July 1, 2000. Thereafter, their successors shall be appointed during the first 30 days of each regular legislative session which is held immediately following the election of members of the General Assembly.

(b) The Speaker of the House of Representatives shall designate one of the members appointed by the Speaker as chairperson of the committee. The President of the Senate shall designate one of the members appointed by the President of the Senate as vice chairperson of the committee. The members designated as chairperson and vice chairperson shall serve for terms as such officers concurrent with their terms as members of the committee. Other than the chairperson and vice chairperson provided for in this subsection, the committee shall provide for its own organization.

(c) The committee shall periodically inquire into and review the operations, contracts, safety, financing, organization, and structure of the OneGeorgia Authority, as well as periodically review and evaluate the success with which said authority is accomplishing its legislatively created purposes.

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(d) The OneGeorgia Authority shall cooperate with the committee and its authorized personnel in order that the committee may efficiently and effectively carry out its duties. The OneGeorgia Authority shall submit to the committee such reports and data as the committee shall reasonably require of said authority in order that the committee may adequately inform itself of the activities of said authority. The committee shall, on or before the first day of January of each year and at such other times as it deems to be in the public interest, submit to the General Assembly a report of its findings and recommendations based upon the review of the operations of the OneGeorgia Authority.

(e) The members of the committee shall receive the same expenses and allowances for their services on the committee as are authorized by law for members of interim legislative study committees.

(f) Nothing in this chapter shall be construed to relieve the OneGeorgia Authority of the responsibilities imposed upon it under this chapter."

SECTION 2.

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

SECTION 3.

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

Approved April 21, 2000.

REVENUE AND TAXATION- INCOME TAX; CREDITS FOR BUSINESSES IN LESS DEVELOPED AREAS; CREDITS FOR CERTAIN MANUFACTURING
AND TELECOMMUNICATIONS FACILITIES IN TIER 4 COUNTIES; CREDITS FOR BASE PORT TRAFFIC INCREASES; CREDITS FOR CERTAIN
ESTABLISHMENT OR RELOCATION OF BUSINESS ENTERPRISE HEADQUARTERS.
Code Title 48, Chapter 7, Article 2 Amended.
No. 683 (House Bill No. 1509).
AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of state income taxes, so as to revise and change certain provisions regarding income tax credits for businesses located in certain counties designated as less developed areas; to provide for certain additional tax credits; to revise and change certain provisions regarding income tax credits and optional income tax credits for existing

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GENERAL ACTS AND RESOLUTIONS, VOL. I

manufacturing and telecommunications facilities or manufacturing and telecommunications support facilities in tier 3 counties; to revise and change certain provisions regarding alternative income tax credits for base port traffic increases; to provide for certain additional tax credits; to provide for certain tax credits with respect to certain establishment or relocation of business enterprise headquarters; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of state income taxes, is amended by striking Code Section 48-740, relating to income tax credits for businesses located in certain counties designated as less developed areas, and inserting in its place a new Code Section 48-740 to read as follows:

"48-740.

(a) As used in this Code section, the term 'business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, tourism, and research and development industries. Such term shall not include retail businesses.

(b)(l) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate as less developed areas all 159 counties in this state using a combination of the following equally weighted factors:

(A) Highest unemployment rate for the most recent 36 month period;

(B) Lowest per capita income for the most recent 36 month period; and

(C) Highest percentage of residents whose incomes are below the poverty level according to the most recent data available.

(2) Counties ranked and designated as the first through seventy-first least developed counties shall be classified as tier 1, counties ranked and designated as the seventy-second through one hundred sixth least developed counties shall be classified as tier 2, counties ranked and designated as the one hundred seventh through one hundred forty-first least developed

GEORGIA LAWS 2000 SESSION

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counties shall be classified as tier 3, and counties ranked and designated as the one hundred forty-second through one hundred fifty-ninth least developed counties shall be classified as tier 4.

(c) The commissioner of community affairs shall be authorized to include in the tier 2 designation provided for in subsection (b) of this Code section any tier 3 county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a tier 2 county.

(c.1) The commissioner of community affairs shall be authorized to include in the tier 1 designation provided for in subsection (b) of this Code section any tier 2 county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a tier 1 county.

(d) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular county is reclassified in a different tier.

(e) Business enterprises in counties designated by the commissioner of community affairs as tier 1 counties shall be allowed a tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new fulltime employee job; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $3,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. Business enterprises in counties designated by the commissioner of community affairs as tier 2 counties shall be allowed a job tax credit for taxes imposed under this article equal to $2,500.00 annually, business enterprises in coun-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ties designated by the commissioner of community affairs as tier 3 counties shall be allowed a job tax credit for taxes imposed under this article equal to $1,250.00 annually, and business enterprises in counties designated by the commissioner of community affairs as tier 4 counties shall be allowed a job tax credit for taxes imposed under this article equal to $750.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. In tier 1 counties, those business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties, only those business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those business enterprises that increase employment by 25 or more shall be eligible for the credit. In tier 1 counties, the average wage of the new jobs created must be above the average wage of the county where the new jobs are located to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. In tier 2 counties, the average wage of the new jobs created must be 5 percent above the average wage of the county where the new jobs are located to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. In tier 3 counties, the average wage of the new jobs created must be 10 percent above the average wage of the county where the new jobs are located to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. In tier 4 counties, the average wage of the new jobs created must be 15 percent above the average wage of the county where the new jobs are located to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not

GEORGIA LAWS 2000 SESSION

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be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier.

(f) Tax credits for five years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b), (c), or (c.1) of this Code section. Additional new full-time jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through six, or whatever portion of years two through six which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit.

(g) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commissioner of community affairs shall determine whether or not qualifYing net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification.

(h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, but in tiers 3 and 4 the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. In tier 1 and 2 counties, the credit allowed under this Code section against taxes imposed under this article in any taxable year shall be limited to an amount not greater than 100 percent of the taxpayer's state income tax liability attributable to income derived from operations in this state for such taxable year.

(i) Notwithstanding any provision of this Code section to the contrary, in counties recognized and designated as the first through fortieth least developed counties in the tier 1 designation, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any business of any nature.

(j) The commissioner may require such reports, promulgate such regulations, and gather such relevant data necessary and advisable for the evaluation of the job tax credits established by this Code section."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2.

Said article is further amended by striking subsections (b) and (e) of Code Section 48-7-40.1, relating to tax credits for business enterprises in less developed areas, and inserting in their place new subsections (b) and (e), respectively, to read as follows:
"(b) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate as less developed areas the areas which are comprised of ten or more contiguous census tracts in this state using a combination of the following equally weighted factors:

(1) Highest unemployment rate for the most recent 36 month period;

(2) Lowest per capita income for the most recent 36 month period; and

(3) Highest percentage of residents whose income is below the poverty level according to the most recent data available."

"(e) Business enterprises in areas designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with years two through six after the creation of such job; provided, however, that where the amount of such credit exceeds 50 percent of a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $3,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by five or more in a less developed area shall be eligible for the credit. In addition, not less than 30 percent of such new full-time jobs must be held by a resident of the less developed area for which the credit is sought or another such designated less developed area. Credit shall not be

GEORGIA lAWS 2000 SESSION

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allowed during a year if the net employment increase falls below five. Any credit received for years prior to the year in which the net employment increase falls below five shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of five."

SECTION 3.

Said article is further amended by striking subsection (b) of Code Section 48-740.4, relating to income tax credits for existing manufacturing and telecommunications facilities or manufacturing and telecommunications support facilities in tier 3 counties, and inserting in its place a new subsection (b) to read as follows:

"(b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing or telecommunications facility or manufacturing or telecommunications support facility in this state in a tier 3 or a tier 4 county designated pursuant to Code Section 48-7-40, there shall be allowed a credit against the tax imposed under this article in an amount equal to I percent of the cost of all qualified investment property purchased or acquired by the taxpayer in such year, subject to the conditions and limitations set forth in this Code section. In the event such qualified investment property purchased or acquired by the taxpayer in such year consists of recycling machinery or equipment, a recycling manufacturing facility, pollution control or prevention machinery or equipment, a pollution control or prevention facility, or the conversion from defense to domestic production, the amount of such credit shall be equal to 3 percent."

SECTION 4.

Said article is further amended by striking subsection (b) of Code Section 48-740.9, relating to optional tax credits for existing manufacturing and telecommunications facilities or manufacturing and telecommunications support facilities in tier 3 counties, and inserting in its place a new subsection (b) to read as follows:

"(b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing or telecommunications facility or manufacturing or telecommunications support facility and which first places in service during a taxable year qualified investment property in this state in a tier 3 or a tier 4 county designated pursuant to Code Section 48-740, there shall be allowed an optional credit against the tax imposed under this article for the ensuing ten taxable years following the taxable year the qualified investment property was first placed in service, provided that such qualified investment property remains in service. Such optional credit shall be at the irrevocable election of the taxpayer and shall be in lieu of the credit under Code Section 48-7-40.4. No taxpayer who claims the credit

612

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under Code Section 48-7-40.4 for any taxable year for a given project shall be eligible to receive the credit under this Code section with respect to the same project for any taxable year. The aggregate amount of the credit allowed under this Code section shall equal 6 percent of the cost of all qualified investment property purchased or acquired by the taxpayer and first placed in service during a taxable year. The annual amount of such credit shall be computed as follows:
(1) The taxable year in which such qualified investment property is first placed in service shall be the base year for purposes of calculating the credit provided for by this Code section;

(2) The amount of tax owed by the taxpayer for the base year and for each of the two immediately preceding taxable years shall be determined without regard to any credits and shall be added together and divided by three. The resulting figure shall be the base year average; and
(3) The credit available to the taxpayer to apply against the tax liability of any year following the base year but no later than the tenth year shall be the lesser of the following amounts:
(A) Ninety percent of the excess of the tax of the applicable year determined without regard to any credits over the base year average; or

(B) The excess of the aggregate amount of the credit allowed for the qualified investment property over the sum of the amounts of credit already used in the years following the base year."
SECTION 5.

Said article is further amended by striking subsection (b) of Code Section 48-740.15, relating to alternative income tax credits for base port traffic increases, and inserting in its place a new subsection (b) to read as follows:

"(b) (1) In the case of any business enterprise which has increased its port traffic of products during the previous 12 month period by more than 10 percent above its base year port traffic and is qualified to claim a job taX credit under Code Section 48-7-40 for jobs added at any time between January 1, 1998, andjuly 1, 2002, there shall be allowed an additional $500.00 job tax credit against the tax imposed under this article.

(2) The tax credit described in this subsection shall be allowed subject to the conditions and limitations set forth in Code Section 48-7-40 and shall be in addition to the credit allowed under Code Section 48-7-40; provided, however, such credit shall not be allowed during a year if the port traffic does not remain above the minimum level established in this Code section."

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SECTION 6.

Said article is further amended by adding a new Code section immediately following Code Section 48-7-40.16, to be designated Code Section 48-7-40.17, to read as follows:

"48-7-40.17.

(a) As used in this Code section, the term:

(1) 'Average wage' means the average wage of the county in which a fulltime job is located as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor.

(2) 'Full-time job' means employment for an individual which:

(A) Is located at a headquarters;

(B) Has a regular work week of 30 hours or more;

(C) Pays at or above:

(i) In tier 1 counties, the average wage of the county in which it is located;

(ii) In tier 2 counties, 105 percent of the average wage of the county in which it is located;

(iii) In tier 3 counties, 110 percent of the average wage of the county in which it is located; and

(iv) In tier 4 counties, 115 percent of the average wage of the county in which it is located; and

(D) Has no predetermined end date.

(3) 'Headquarters' means the principal central administrative office of a taxpayer.

(4) 'Tier' means a tier as designated pursuant to Code Section 48-7-40, as amended.

(b) A taxpayer establishing its headquarters in this state or relocating its headquarters into this state which:

(1) Within one year of the first date on which it withholds wages for employees at such headquarters pursuant to the provisions of Code Section 48-7-101 employs at least 100 persons in new full-time jobs at such headquarters;

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(2) Prior to one year from the first date on which it withholds wages for employees at such headquarters pursuant to the provisions of Code Section 48-7-101 incurs within the state a minimum of $1 million in construction, renovation, leasing, or other costs related to such establishment or relocation; and
(3) Elects not to receive the tax credits provided for by Code Sections 487-40, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-740.9 for such jobs
shall be allowed a credit for taxes imposed under this article equal to $2,500.00 annually per eligible new full-time job, or $5,000.00 if the average wage of the new full-time jobs created is 200 percent or more of the average wage of the county in which such jobs are located per eligible new full-time job; provided, however, that where the amount of such credit exceeds a taxpayer's liability for such taxes in a taxable year, the excess may be taken as a credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $2,500.00 annually per eligible new full-time job, or $5,000.00 if the average wage of the new full-time jobs created is 200 percent or more of the average wage of the county in which such jobs are located for each new full-time job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. The credit established by this subsection may be taken for the first taxable year in which the taxpayer first becomes eligible for such credit and for the four immediately succeeding taxable years, and the taxpayer shall thereafter be ineligible for such credit.
(c) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established.
(d) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."
SECTION 7.
This Act shall become effective on January 1, 2001, and shall be applicable to all taxable years beginning on or after that date.

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SECTION 8.

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

Approved April 21, 2000.

REVENUE AND TAXATION - SALES AND USE TAX; EXEMPTIONS FOR VARIOUS MACHINERY, EQUIPMENT, AND MATERIALS.
Code Section 48-8-3 Amended.
No. 684 (House Bill No. 1510).
AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to clarify that the exemption regarding certain components of machinery used directly in the manufacture of tangible personal property extends only to machinery components purchased to upgrade such machinery; to provide for a phased-in exemption from sales and use tax for certain repair or replacement parts, molds or replacement molds, dies or replacement dies, and tooling or replacement tooling; to provide for an exemption with respect to certain sales or leases of computer equipment to certain high-technology companies; to provide for an exemption with respect to the sale of certain machinery, equipment, and materials incorporated into and used in the construction and operation of certain clean rooms; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner; 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 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, is amended by striking subparagraph (A) of paragraph (34) of said Code section and inserting in its place a new subparagraph (A) to read as follows:
"(A) Machinery which is used directly in the manufacture of tangible personal property when the machinery is bought to replace or upgrade machinery in a manufacturing plant presently existing in this state and machinery components which are purchased to upgrade machinery used directly in the manufacture of tangible personal property in a manufacturing plant;".

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SECTION 2.
Said Code section is further amended by inserting a new paragraph immediately following paragraph (34.2) to be designated paragraph (34.3), to read as follows:
"(34.3) (A) The sale or use of repair or replacement parts, machinery clothing or replacement machinery clothing, molds or replacement molds, dies or replacement dies, and tooling or replacement tooling for machinery used directly in the manufacture of tangible personal property in a manufacturing plant presently existing in this state.
(B) The exemption provided for in this paragraph shall apply to that portion of the sale price of each such part, item of machinery clothing, mold, die, or tool, which does not exceed $150,000.00.
(C) The exemption provided for in this paragraph shall be applicable to all calendar years beginning on or after January 1, 2001, as follows:
(i) At the rate of 20 percent of the total sale or use as provided in subparagraph (A) of this paragraph for the calendar year beginning January 1, 2001;
(ii) At the rate of 40 percent of the total sale or use as provided in subparagraph (A) of this paragraph for the calendar year beginning January 1, 2002;
(iii) At the rate of 60 percent of the total sale or use as provided in subparagraph (A) of this paragraph for the calendar year beginning January 1, 2003;
(iv) At the rate of 80 percent of the total sale or use as provided in subparagraph (A) of this paragraph for the calendar year beginning January 1, 2004; and
(v) At the rate of 100 percent of the total sale or use as provided in subparagraph (A) of this paragraph for the calendar year beginning January 1, 2005, and for each calendar year thereafter.
(D) The commissioner shall promulgate rules and regulations to implement and administer this paragraph;".
SECTION 3.
Said Code section is further amended by striking "or" at the end of paragraph (62); by striking the period at the end of paragraph (63) and inserting in its place "; "; and by adding two new paragraphs immediately following paragraph (63) to be designated paragraphs (64) and (65), respectively, to read as follows:

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"(64) (A) The sale or lease of computer equipment to be used at a facility or facilities in this state to any high-technology company classified under Standard Industrial Classification code 3674, 4812-4813, 4822, 7371-7379, 8711, or 8731-8733, or North American Industrial Classification System code 44312, 51121, 51331, 51333, 51334, 51421, 52232, 53242, 54133, 54171, 54172, 334413, 334611, 513321, 513322, 514191, 541511, 541512, 541513, 541519, or 811212 where such sale of computer equipment for any calendar year exceeds $15 million, or, in the event of a lease of such computer equipment, the fair market value of such leased computer equipment for any calendar year exceeds $15 million.

(B) Any person making a sale of computer equipment to a high-technology company as specified in subparagraph (A) of this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes such seller with a certificate issued by the commissioner certifYing that the purchaser is entitled to purchase the machinery without paying the tax. As a condition precedent to the issuance of the certificate, the commissioner, at such commissioner's discretion, may require a good and valid bond with a surety company authorized to do business in this state as surety or may require legal securities, in an amount fixed by the commissioner, conditioned upon payment by the purchaser of all taxes due under this article in the event it should be determined that the sale fails to meet the requirements of this subparagraph.

(C) As used in this paragraph, the term 'computer equipment' means any individual computer terminal or organized assembly of hardware, including, but not limited to, central processing units and related peripheral equipment such as scanners, printers, electronic data storage devices, memory chips, data transmission equipment, and software products, including operating systems and library and maintenance routines; or

(65) The sale of machinery, equipment, and materials incorporated into and used in the construction or operation of a clean room of Class 100 or less, not to include the building or any permanent, nonremovable component of the building that houses such clean room, provided that such clean room is used directly in the manufacture of tangible personal property."

SECTION 4.

This Act shall become effective on January 1, 2001.

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SECTION 5.

All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 2000.

EDUCATION - PRE-KINDERGARTEN, ELEMENTARY, SECONDARY, AND POSTSECONDARY; COMPREHENSIVE REFORM.
Title 20 Amended. Code Sections 15-11-28, 43-24-2, and 48-5-7.5 Amended.
No. 685 (House Bill No. 1187).
AN ACT
To enact the "A Plus Education Reform Act of 2000"; to provide for comprehensive reform of the delivery of education services in this state at the pre-kindergarten, elementary and secondary, and postsecondary levels; to provide for a short title; to amend Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, so as to provide for the court's jurisdiction over certain proceedings initiated by local boards of education; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the selection of officers of the State Board of Education and for the duties and powers of the chairperson of said board; to provide for regional offices of the Department of Education; to establish procedural requirements for local boards of education regarding the employment or promotion of certain relatives of a member of a local board; to provide for certain reports and actions to be taken in response to a finding of accounting irregularities or budget deficits of a local school system or school; to provide for the collection of certain data from local school systems by the Office of Planning and Budget; to repeal Article 4 of said chapter, relating to local school trustees; to provide for the establishment of school councils and for their composition and duties; to make certain findings with respect to the Quality Basic Education Program; to provide for goals for the "Quality Basic Education Act"; to change provisions regarding the course of study in health and physical education prescribed by the State Board of Education; to change provisions relating to high school programs authorized for funding under the "Quality Basic Education Act"; to provide for an early intervention program for students in grades kindergarten through three who are performing below grade level; to change provisions relating to the remedial education program; to provide for alternative education programs; to change provisions regarding the school climate management program administered by the State Board of Education; to repeal provisions regarding the in-school suspension program administered by the State Board of Education; to change provisions relating to the funding of the program for

GEORGIA LAWS 2000 SESSION

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limited-English-proficient students; to change provisions relating to the allotment of state funds to local school systems based on full-time equivalent student program counts; to change the program weights for the instructional programs funded under the "Quality Basic Education Act," provide for additional instructional programs, and provide for teacher-student ratios for each such program; to change provisions relating to state funds provided to pay the salaries of certificated professional personnel of local school systems; to require the Governor to appoint a task force to review the program weights used in the Quality Basic Education Formula; to change provisions relating to the midterm adjustment of the amount of state funds provided under the Quality Basic Education Formula; to change provisions relating to local fair share funds; to change provisions relating to equalization grants provided under the "Quality Basic Education Act"; to change provisions relating to state funding for direct instructional, media center, and staff development costs; to provide for the collection of information by the State Board of Education for the computerized uniform budget and accounting system; to change provisions relating to the base school size used to calculate program weights in the Quality Basic Education Formula; to change provisions relating to the calculation of program weights based on payment of salaries and benefits and funds for staff and professional development; to change provisions relating to the maximum class size for instructional programs; to change provisions relating to state funds provided to pay the salaries of local school superintendents, assistant superintendents, secretaries, accountants, and principals; to provide for state funding for nursing services; to change provisions relating to the base size of a local school system used to calculate program weights in the Quality Basic Education Formula; to provide that a local school system shall not qualify for certain funds under the Quality Basic Education Formula if it fails to implement certain interventions prescribed by the State Board of Education; to change provisions relating to the granting of certificates by the Professional Standards Commission; to require students in postsecondary teacher preparation programs to be proficient in computer and other instructional technology applications and skills; to provide that in-service programs conducted by local units of administration shall address skills of certificated personnel that directly relate to improving student achievement; to change provisions relating to annual performance evaluations of certificated professional personnel; to change provisions relating to annual contracts for certificated professional personnel; to provide for fingerprinting and criminal record investigations of all personnel employed by a local unit of administration; to change provisions relating to the payment of personnel holding certificates from the Professional Standards Commission according to a state-wide minimum salary schedule; to change provisions relating to the salary increase granted to certain persons holding a certificate from the National Board for Professional Teaching Standards; to provide for state funding of salary increases based upon a determination of an insufficient supply of qualified teachers in mathematics, science, special educa-

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tion, or foreign language and provide for certain annual reports relating thereto; to repeal provisions relating to salary supplements for administrators and other education personnel; to provide for salary supplements to be paid to principals and direct the State Board of Education to establish a salary schedule for principals; to change provisions relating to the duty-free lunch period for certain teachers employed in grades kindergarten through five; to repeal a reporting requirement relating to the Georgia Education Leadership Academy; to provide for grants to schools and school systems which develop and implement certain compacts among teachers, students, and parents; to provide for an extended day program for students in grades nine through 12; to change the provisions relating to capital outlay funding under the "Quality Basic Education Act"; to comprehensively revise provisions relating to regional educational service agencies; to require all local school systems, Department of Technical and Adult Education facilities and institutions, and University System of Georgia facilities and institutions to be a member of a regional educational service agency; to provide for the status of such regional agencies and their employees with respect to taxation; to provide for the immunity from liability of the employees and volunteers of such regional agencies; to provide for additional duties of such regional agencies, including the preparation of regional plans, the provision of core services to its member schools and local school systems, the provision of services relating to instructional care teams, and the development of programs for nontraditional alternative routes to teacher certification; to change provisions relating to the composition of the boards of control of such regional agencies; to authorize such regional agencies to acquire, hold, and dispose of property and incur certain debt; to provide for audits of such regional agencies by the Office of Education Accountability; to change provisions relating to grants of state funds to such regional agencies; to repeal provisions relating to the preparation of long-term strategic plans by the State Board of Education and local boards of education; to change provisions relating to the testing of elementary and secondary students; to provide for end-of-course testing of students in grades nine through 12; to provide for the development of study guides by the Department of Education; to provide for staff development programs for teachers in grades one through 12 on the use of tests; to repeal provisions relating to comprehensive evaluations of public schools, local school systems, and regional educational service agencies; to repeal provisions relating to corrective action plans for nonstandard local units of administration and schools; to repeal provisions relating to the Council for School Performance; to provide for a middle school program; to authorize students to attend a school outside of the attendance zone or school district in which they reside under certain circumstances and provide for state funding thereof; to provide for certain duties with respect to county and regional libraries to be performed by the Board of Regents of the University System of Georgia instead of the Department of Technical and Adult Education; to change provisions relating to development of a state-wide comprehensive edu-

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cational information network; to repeal Part 2 of Article 7 of said chapter, relating to additional state aid to school districts where parents live or work on state property; to repeal Part 3 of Article 7 of said chapter, relating to additional state aid to local school systems to compensate for loss of revenue from financial institutions; to change the age at which children are required to attend school; to change provisions relating to the placement of a student following his or her removal from the classroom by a teacher; to change provisions relating to notification of parents and conferences regarding chronic disciplinary problem students; to change provisions regarding parent conferences upon a student's return from expulsion or suspension; to authorize the juvenile court, upon the petition of a local board of education, to order parents or guardians to attend certain school conferences; to repeal provisions relating to alternative education grants; to require local boards of education to establish procedures for the voluntary preenrollment of children at two years of age in order to ensure compliance with age specific immunizations; to require local boards of education to establish policies and procedures regarding a school health nurse program; to provide that a person who first becomes a teacher on or after July I, 2000, shall not acquire certain rights with respect to continued employment; to authorize the State Board of Education to grant state charters for special schools to certain charter school petitioners; to provide that the State Board of Education may require a local referendum regarding the use of local bonded indebtedness and school tax levies to support state charter schools; to provide for the application of the accountability assessment program for students in grades kindergarten through 12 to charter schools; to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide for the transfer of functions and personnel relating to public libraries from the Department of Technical and Adult Education to the Board of Regents of the University System of Georgia; to change provisions relating to the eligibility requirements for a HOPE scholarship at a public postsecondary institution, a HOPE grant at a branch of the Department of Technical and Adult Education, and a PROMISE teacher's scholarship; to remove a certain limitation on the costs to which a HOPE scholarship or HOPE grant may be applied; to provide for a PROMISE II teacher's scholarship for certain persons employed as paraprofessionals or instructional aides who are seeking a bachelor's degree in teacher education; to amend Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to vocational, technical, and adult education, so as to change the composition of the State Board of Technical and Adult Education; to authorize such board to approve requests by certain postsecondary technical schools, programs, or institutions to be named technical colleges and to submit certain requests for funding; to repeal provisions relating to the transfer of public library functions and powers from the State Board of Education and the Department of Education to the Department of Technical and Adult Education; to amend Chapter 5 of Title 20 of the Official Code of Georgia Anno-

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tated, relating to libraries, so as to provide that the powers and duties of the Department of Technical and Adult Education under said chapter shall become the powers and duties of the Board of Regents of the University System of Georgia; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the creation and duties of an Education Coordinating Council and an Office of Education Accountability; to make certain findings with respect to the Education Coordinating Council; to provide for the composition, meetings, staff, powers, and duties of the Education Coordinating Council; to provide for commissions to study education issues and make recommendations to the Education Coordinating Council; to create the Office of Education Accountability and provide for its powers and duties; to provide for the appointment and duties of the director of the Office of Education Accountability; to provide for reports to be made by the Office of Education Accountability to the Education Coordinating Council; to direct the Office of Education Accountability to create and implement an accountability assessment program for students in grades kindergarten through 12, subject to the approval of the Education Coordinating Council; to provide for indicators of student achievement and school improvement; to provide for the establishment of individual school ratings and the preparation of school report cards by the Office of Education Accountability; to provide for audits of schools by said office; to provide for financial and other awards to recognize certain schools and local school systems; to provide for the funding and payment of financial bonuses to certain school personnel; to provide for the recommendation, by said office, and the prescription, by the State Board of Education, of actions to be taken with respect to schools with low student performance; to provide for the duties of the Office of Education Accountability, the Education Coordinating Council, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education with respect to a postsecondary accountability assessment program; to provide for the duties of the Office of Education Accountability, the Education Coordinating Council, and the Office of School Readiness with respect to a pre-kindergarten accountability assessment program; to provide for the duties of the Office of Education Accountability, the Education Coordinating Council, and the Professional Standards Commission with respect to an education work force accountability assessment program; to amend Code Section 43-24-2 of the Official Code of Georgia Annotated, relating to the membership of the State Board for the Certification of Librarians, so as to provide for the membership of the director of public library services of the Board of Regents of the University System of Georgia; to amend the Official Code of Georgia Annotated to correct certain references and provide editorial revisions; 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.

This Act shall be known and may be cited as the "A Plus Education Reform Act of 2000."
SECTION 2.

Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, is amended by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Exclusive original jurisdiction. Except as provided in subsection (b) of this Code section, the court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action:

(1) Concerning any child:

(A) Who is alleged to be delinquent;

(B) Who is alleged to be unruly;

(C) Who is alleged to be deprived;

(D) Who is alleged to be in need of treatment or commitment as a mentally ill or mentally retarded child;

(E) Who is alleged to have committed a juvenile traffic offense as defined in Code Section 15-11-73; or

(F) Who has been placed under the supervision of the court or on probation to the court; provided, however, that such jurisdiction shall be for the sole purpose of completing, effectuating, and enforcing such supervision or a probation begun prior to the child's seventeenth birthday; or

(2) Involving any proceedings:

(A) For obtaining judicial consent to the marriage, employment, or enlistment in the armed services of any child if such consent is required by law;

(B) Under the Interstate Compact on Juveniles, or any comparable law, if enacted or adopted in this state;

(C) For the termination of the legal parent-child relationship and the rights of the biological father who is not the legal father of the child, other than that in connection with adoption proceedings under Chapter 8 of Title 19, in which the superior courts shall have concurrent jurisdiction to terminate the legal parent-child relationship and the rights of the biological father who is not the legal father of the child;

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(D) Under Article 3 of this chapter, relating to prior notice to a parent or guardian relative to an unemancipated minor's decision to seek an abortion; or
(E) Brought by a local board of education pursuant to Code Section 20-2-766.1."
SECTION 3.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Article 1, relating to the State Board of Education, by striking in its entirety Code Section 20-2-5, relating to oaths of members, and inserting in lieu thereof a new Code Section 202-5 to read as follows:
"20-2-5.
The members of the State Board of Education shall take an oath of office for the faithful performance of their duties and the oath of allegiance to the federal and state Constitutions. They shall meet at the state capital in the Department of Education or at such place in the capital as may be designated by the Governor for that purpose. The state board shall meet quarterly in regular session at such time as it may by regulation provide and may hold additional meetings at the call of the chairperson, provided that upon the written request of a majority of the members of the state board, the State School Superintendent shall call a meeting at any time."
SECTION 4.
Said chapter is further amended in Article 1, relating to the State Board of Education, by adding a new Code Section 20-2-5.2 to read as follows:
"20-2-5.2.

The State Board of Education shall elect a chairperson and such other officers it may deem appropriate. The term of the chairperson shall be fixed by the state board. The chairperson shall preside at meetings of the state board, set the agenda for the state board, and perform such other duties as required by the state board. The chairperson is authorized, after a reasonable attempt at consultation with the State School Superintendent, to require any employee of the Department of Education to furnish information or perform functions for the state board."

SECTION 5.
Said chapter is further amended in Article 1, relating to the State Board of Education, by adding at the end thereof a new Code Section 20-2-20 to read as follows:

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"20-2-20.

The State Board of Education is authorized to establish regional offices of the Department of Education, subject to appropriation by the General Assembly. Should the state board establish such regional offices of the Department of Education, their service areas shall be congruous with the service areas of regional educational service agencies as provided for in Code Section 20-2-270 and may include more than one regional educational service agency. All employees of such regional offices shall be employees of the Department of Education."

SECTION 6.

Said chapter is further amended in Article 3, relating to local boards of education, by adding a new Code Section 20-2-58.1 to read as follows:

"20-2-58.1.

(a) As used in this Code section, the term 'immediate family' means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent.

(b) No local board of education shall employ or promote any person who is a member of the immediate family of any board member unless a public, recorded vote is taken on such employment or promotion as a separate matter from any other personnel matter. Any board member whose immediate family member is being considered for employment shall not vote on such employment. Nothing in this Code section shall affect the employment of any person who is employed by a local school system on July 1, 2000, or who is employed by a local school system when an immediate family member becomes a member of the local board of education for that school system."

SECTION 7.

Said chapter is further amended by striking in its entirety Code Section 20-267, relating to monthly reports by a local board of education that is subject to a corrective action plan for a budget deficit, which reads as follows:

"20-2-67.

(a) The local system superintendent employed by any local school system which is required to submit to the Department of Education a corrective action plan as provided in Code Section 20-2-283 designed to correct a budget deficit for such local system shall, from the time such deficit is discovered until the time it is eliminated, present to each member of the local board of education for his or her review and written acknowledgment a monthly report containing all anticipated expenditures by budget function for such system during the current month. The report shall be presented to board

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members on or before the tenth business day of each month. Each monthly report shall be signed by each member of that local board and recorded and retained in the minutes of the meetings of the board of education.
(b) Not later than September 30 of each year, each local board of education shall cause to be published in the official county organ wherein the local school system is located once a week for two weeks a statement of actual financial operations for such local school system for the preceding fiscal year. Such statement of actual financial operations shall be in a form to be specified and prescribed by the state auditor for the purpose of indicating the current financial status of the school system. Prior to publication, such form shall be executed by the local board of education and signed by each member of said board and the local school superintendent.
(c) A copy of the actual financial operations form required to be published by subsection (a) of this Code section shall be mailed by each local board of education to the Department of Education and the local county board of commissioners or local city governmental administration. A current copy of said form shall be maintained on file in the central administrative office for public inspection by each local board of education for a period of at least two years from the date of its publication. Copies of the statement shall be made available on request.",
and inserting in lieu thereof a new Code Section 20-2-67 to read as follows:
"20-2-67.

(a) When an audit by the Department of Audits and Accounts finds and reports irregularities or budget deficits in the fund accounting information regarding a local school system or a school within the local school system, the Department of Audits and Accounts shall report the findings of irregularities or budget deficits to the State Board of Education and the local board of education.

(b) The State Board of Education shall inform the superintendent of the local school system of the irregularities or budget deficits regarding a local school system's or a school's fund accounting information. The superintendent shall submit to the Department of Education a response to the findings and a corrective action plan as defined by rules and regulations adopted by the State Board of Education designed to correct the financial irregularities or budget deficits for the school or school system. From the time such irregularity or budget deficit is discovered until the time it is eliminated, the local school superintendent shall present to each member of the local board of education for his or her review and written acknowledgment a monthly report containing all anticipated expenditures by budget function for such school or school system during the current month. The report shall be presented to local board members on or before the tenth business day of

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each month. Each monthly report shall be signed by each member of that local board and recorded and retained in the minutes of the meeting of the local board of education.

(c) Not later than September 30 of the year, each local board of education shall cause to be published in the official county organ wherein the local school system is located once a week for two weeks a statement of actual financial operations for such schools or school system identified by the Department of Audits and Accounts as having financial irregularities. Such statement of actual financial operations shall be in a form to be specified and prescribed by the state auditor for the purpose of indicating the current financial status of the schools or school system. Prior to publication, such form shall be executed by the local board of education and signed by each member of said board and the local school superintendent.

(d) A copy of the actual financial operations form required to be published by subsection (c) of this Code section shall be mailed by each local board of education to the Department of Education and the local county board of commissioners or local municipal governing authority. A current copy of said form shall be maintained on file in the central administrative office of the local school system for public inspection for a period of at least two years from the date of its publication. Copies of the statement shall be made available on request."

SECTION 8.

Said chapter is further amended in Article 3, relating to local boards of education, by adding at the end thereof a new Code Section 20-2-68 to read as follows:

"20-2-68.

The Office of Planning and Budget shall collect from local school systems and local school systems shall supply information sufficient for the Office of Planning and Budget to verify the proper expenditure of funds and employment of positions funded in the Quality Basic Education formula and categorical grants."

SECTION 9.

Said chapter is further amended by striking and reserving in its entirety Article 4, relating to local school trustees, which reads as follows:

"ARTICLE 4

20-2-80.

The county board of education of each county may within 30 days from February 1, 1946, appoint not less than three nor more than five local school trustees for each school in the county; provided, however, the trustees of

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GENERAL ACTS AND RESOLUTIONS, VOL. I

each school district as constituted prior to August 7, 1945, shall be the trustees of each school in the district until their respective terms expire. Each person so appointed shall be manifestly interested in education, and a resident of the county where he is appointed. Each person so appointed shall have a term of four years; and should any vacancy occur due to death, resignation, change of residence from the county where appointed, or otherwise, the county board shall, at its next regular meeting after such vacancy occurs, appoint a successor to fill the vacancy. The trustees so elected or appointed shall elect one of their members as chairman and another as secretary. All trustees shall serve without compensation.
20-2-81.
The duties of the school trustees appointed or elected by the county board of education as provided in Code Section 20-2-80 shall be advisory in nature. They shall make recommendations to the county board as to budgets, employment of teachers and other authorized employees, and other matters relating to the school of which they are trustees. Such recommendations shall be merely advisory, and the county board is not bound to observe or follow them."
SECTION 10.

Said chapter is further amended by inserting a new article, to be designated as Article 4A, to read as follows:
"ARTICLE 4A
20-2-85.
(a) The General Assembly recognizes the need to improve communication and participation of parents and the community in the management and operation of local schools. The General Assembly believes that parent and community support is critical to the success of students and schools. The intent of this article is to bring communities and schools closer together in a spirit of cooperation to solve difficult education problems, improve academic achievement, provide support for teachers and administrators, and bring parents into the school-based decision-making process. The establishment of school councils is intended to help local boards of education develop and nurture participation, bring parents and the community together with teachers and school administrators to create a better understanding of and mutual respect for each other's concerns, and share ideas for school improvement. School councils shall be reflective of the school community.
(b) The management and control of public schools shall be the responsibility of local boards of education, and the school leader shall be the principal. School councils shall provide advice, recommendations, and assistance and

GEORGIA LAWS 2000 SESSION

629

represent the community of parents and businesses. Each member of the council, as a community representative, shall be accorded the respect and attention deserving of such election.

20-2-86.

(a) By October 1, 2001, each local board of education that elects to participate in the Quality Basic Education Program provided for in Article 6 of this chapter shall have a school council operational at a minimum of one high school, one middle school, and one elementary school, except that if a school system does not have its schools organized in this manner the system shall designate schools for a school council as closely to the intent of this Code section as possible. By October 1, 2002, each local board of education shall have a school council operational in a minimum of 50 percent of the schools under its jurisdiction. Such school council shall operate pursuant to this Code section, and the local board of education shall assist all councils in their creation and operation. Mter two years of successful operation, and upon receiving a high performance designation by the Office of Education Accountability, the local board of education shall devolve to the school council such additional authority in matters of school operation as the local board deems appropriate. By October 1, 2003, each local board of education shall have a school council operational in each of the schools under its jurisdiction.

(b) The local board of education shall provide a training program to assist schools in forming a school council and to assist school councilmembers in the performance of their duties. Such program shall address the organization .of councils, their purpose and responsibilities, applicable laws, rules, regulations and meeting procedures, and important state and local school system program requirements and shall provide a model school council organization plan. The training program shall be offered to school councilmembers at least twice per school year, except that this program shall be offered during the month ofJuly should there be members of the school council with a term commencing on July 1 who have not previously received this training. The State Board of Education shall develop and make available a model school council training program.

(c) Membership on the council shall be open to teachers, parents, and business representatives selected from all businesses that are designated school business partners. Any member may withdraw from the council by delivering to the council a written resignation and submitting a copy to the secretary of the council or school principal. Should school councilmembers determine that a member of the council is no longer active in the council as defined by the bylaws of the council, the council may, by a vote of five members of the council, withdraw such person's membership status, effective as of a date determined by the council.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(d) The property and business of the council shall be managed by seven school councilmembers of whom a majority shall constitute a quorum. School councilmembers must be individuals who are 18 years of age or older. Members of the school council shall include:

(1) Two parents or guardians of students enrolled in the school, excluding employees who are parents or guardians of such students;

(2) Two businesspersons, one of whom shall be selected by the local board of education and one of whom shall be selected by the other five nonbusiness members of the school council from the business partners of the school or, if there are no business partners, from the local business community;

(3) Two certificated teachers, excluding any personnel employed in administrative positions, who are employed at least four of the six school segments at the school; and

(4) The school principal.
An employee of the local school system may serve as a parent representative on the council of a school in which his or her child is enrolled if such employee works at a different school. With the exception of the principal and the business representatives, members shall be elected by, and from among, the group they represent. The chairperson of the council shall be the school principal.

(e) Members of the council shall serve for a term of two years. The office of school councilmember shall be automatically vacated:

(1) If a member shall resign;

(2) If the person holding the office is removed as a member by an action of the council pursuant to this Code section; or

(3) If a member no longer meets the qualifications specified in this Code section.
An election within the electing body for a replacement to fill the remainder of an unexpired term shall be held within 30 days, unless there are 90 days or less remaining in the term in which case the vacancy shall remain unfilled.

(f) All meetings of the council shall be held at the school site. The council shall meet once a month, at the call of the chairperson, or at the request of a majority of the members of the council. Notice by mail shall be sent to school councilmembers at least seven days prior to a meeting of the council. School councils shall be subject to Chapter 14 of Title 50, relating to open and public meetings, in the same manner as local boards of education. Each

GEORGIA LAWS 2000 SESSION

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member is authorized to exercise one vote. A quorum must be present in order to conduct official council business. Members of the council shall not receive remuneration to serve on the council or its committees.

(g) Mter providing public notice at least two weeks before the meeting of each electing body, the principal of each school shall call a meeting of electing bodies during the month of May each year for the purpose of selecting members of the school council as required by this Code section. The electing body for the parent members shall consist of all parents and guardians eligible to serve as a parent member of the school council, and the electing body for the teacher members shall consist of all certificated personnel eligible to serve as a teacher member of the school council.

(h) The school council shall adopt such bylaws as it deems appropriate to conduct the business of the council. The adoption of bylaws or changes thereto requires five affirmative votes. The State Board of Education shall develop and make available model school council bylaws.

(i) The school council shall have the same immunity as the local board of education in all matters directly related to the functions of the council.

U) (1) The officers of the council shall be a chairperson, vice chairperson, and secretary. Officers of the council, other than the chairperson, shall be appointed by resolution of the council at the first meeting of the council following the election of school councilmembers. The officers of the council shall hold office concurrently with the term of members of the council.

(2) The vice chairperson shall, in the absence or disability of the chairperson, perform the duties and exercise the powers of the chairperson and shall perform such other duties as shall from time to time be imposed upon him or her by the council.

(3) The secretary shall attend all meetings, act as clerk of the council, and be responsible for recording all votes and minutes of all proceedings in the books to be kept for that purpose. The secretary shall give or cause to be given notice of all meetings of the council and shall perform such other duties as may be prescribed by the council or the chairperson, under whose supervision the secretary shall be.

(k) The members of the council are accountable to the constituents they serve and shall:

(1) Maintain a school-wide perspective on issues;

(2) Regularly participate in council meetings;

(3) Participate in information and training programs;

(4) Act as a link between the school council and the community;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(5) Encourage the participation of parents and others within the school community; and

(6) Work to improve student achievement and performance.
(I) The minutes of the council shall be made available to the public, for inspection at the school office, and shall be provided to the councilmembers, each of whom shall receive a copy of such minutes within 20 days following each council meeting. All school councils shall be subject to Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, in the same manner as local boards of education.

(m) At all meetings of the council every question shall be determined by a majority vote of members present, representing a quorum.

(n) The term of office of all councilmembers shall begin on July 1 and end onjune 30.

(o) The council may appoint committees, study groups, or task forces for such purposes as it deems helpful and may utilize existing or new school advisory groups.

(p) The local board of education shall provide all information not specifically made confidential by law, including budget information, to the council as requested. The local board shall also designate an employee of the school system to attend council meetings as requested by a school council for the purpose of responding to questions the council may have concerning information provided to it by the local board or actions taken by the local board.
(q) The local board of education shall receive all recommendations of the school council, including the annual report, and shall have the authority to overturn any decision of the school council as follows:

(1) Public notice shall be given to the community of the local board's intent to consider school council reports, recommendations, appointments, or any other decision of a school council;
(2) Written notice shall be given to the members of the school council at least seven days prior to such local board meeting, along with a notice of intent to consider a council report, recommendation, appointment, or any other decision of the council;

(3) The members of the school council shall be afforded an opportunity to present information in support of the school council's action; and

(4) A majority of the board members present, representing a quorum, vote to overturn the council decision.

GEORGIA LAWS 2000 SESSION

633

The local board of education shall respond to each recommendation of the school council within 60 days after being notified in writing of the recommendation.

(r) The school principal shall have the following duties pertaining to school council activities:

( 1) Cause to be created a school council pursuant to this Code section by convening the appropriate bodies to select school councilmembers; setting the initial agenda, meeting time, and location; and notifying all school councilmembers of the same;

(2) Serve as chairperson of the school council and perform all of the duties required by law and the bylaws of the council;

(3) Speak for and represent the council in all school council matters before the local board of education;

(4) Communicate all council requests for information and assistance to the local school superintendent and inform the council of responses or actions of the local school superintendent;

(5) Develop the school improvement plan and school operation plan and submit the plans to the school council for its review, comments, recommendations, and approval;

(6) Develop the agenda for each meeting of the council after taking into consideration suggestions of councilmembers and the urgency of school matters. An item may be added to the agenda at the request of three or more councilmembers; and

(7) Provide to the council the initial and midterm allotment sheets for the school that are provided by the Department of Education pursuant to Article 6 of this chapter.

(s) School councils are advisory bodies. The councils shall provide advice and recommendations to the school principal and, where appropriate, the local board of education on any matter, including but not limited to, the following:

(1) School calendar;

(2) School codes for conduct and dress;

(3) Curriculum, program goals, and priorities;

(4) The responses of the school to audits of the school as conducted by the Office of Education Accountability;

634

GENERAL ACTS AND RESOLUTIONS, VOL. I

(5) Preparation and distribution to the community of a school profile which shall contain data as identified by the council to describe the academic performance, academic progress, services, awards, interventions, environment, and other such data as the council deems appropriate;

(6) In the case of a vacancy in the position of school principal, the recommendation of a school principal from a list of qualified applicants submitted by the local board of education and local school superintendent to the council;

(7) School budget priorities, including school capital improvement plans;

(8) School-community communication strategies;
(9) Methods of reporting to parents and communities other than through the school profile;
(10) Extracurricular activities in the school;

(11) School-based and community services;

(12) Community use of school facilities; (13) Recommendations concerning school board policies;

(14) Receiving and reviewing reports from the school principal regarding progress toward the school's student achievement goals, including progress within specific grade levels and subject areas and by school personnel; and

(15) The method and specifications for the delivery of early intervention services."
SECTION 11.

Said chapter is further amended by striking in its entirety Code Section 20-2131, relating to the objectives and purposes of the Quality Basic Education Program, and inserting in lieu thereof a new Code Section 20-2-131 to read as follows:
"20-2-131.

The General Assembly of Georgia, recognizing the need for:
(1) Implementing a quality basic education curriculum in public schools state wide which ensures that each student is provided ample opportunity to develop competencies necessary for lifelong learning as well as the competencies needed to maintain good physical and mental health, to participate actively in the governing process and community activities, to protect the environment and conserve public and private resources, and to be an effective worker and responsible citizen of high character;

GEORGIA LAWS 2000 SESSION

635

(2) Providing all children and youth in Georgia with access to a quality program which supports their development of essential competencies in order that they may realize their potential;

(3) Providing an equitable public education finance structure which ensures that every student has an opportunity for a quality basic education, regardless of where the student lives, and ensures that all Georgians pay their fair share of this finance structure;

(4) Establishing and maintaining state-wide standards which ensure that each student has access to a quality program;

(5) Making teaching an attractive and rewarding profession in order to attract, retain, and fully utilize highly competent personnel in all public schools of the state;

(6) Providing effective staff development and attractive incentive programs which will motivate public school personnel to enhance their competencies and perform to their potential throughout their career;

(7) Providing local school systems with the incentives, resources, and technical assistance they need to plan and implement improvements in their programs on a continuing basis;

(8) Providing parents and the general public with information on the quality of schools and the achievement of the public school students in Georgia;

(9) Providing appropriate school facilities in which quality educational programs can be offered, particularly in the small and sparsely populated school systems;

(10) Providing an accountability system to ensure that all students are receiving a quality instructional program so that all students can achieve at their highest level;

(11) Providing a seamless education system to allow for the delivery of educational programs at all levels and the movement of students between programs and education agencies as efficiently and effectively as possible and to provide for coordination on a continuing basis between agencies responsible for education services;

(12) Providing a safe school environment so that students can learn and mature without fear of violence or intimidation;

(13) Providing access to nursing services so that teachers can deliver instructional services without the added responsibility of addressing students' nursing needs and so that students can receive nursing services while at school;

636

GENERAL ACTS AND RESOLUTIONS, VOL. I

(14) Providing academic intervention programs designed to assist students who are performing below grade level in order to increase their mastery of critical academic knowledge and skills;

(15) Providing an alternative educational environment for those students who need a different educational structure in order to properly master critical academic knowledge and skills and to provide an environment where they can stay in school and acquire the knowledge and skills necessary for a productive life;

(16) Providing students with advice and assistance in planning their academic and work careers and achieving those goals;

( 17) Providing an evaluation process for all school system personnel to assure the public that personnel are performing at acceptable levels and providing quality educational services to all students;
(18) Providing an environment where parents and the community can participate in school activities and support school personnel as they work with students and address their academic needs;

(19) Providing for parent and community participation in the establishment of school programs, policies, and management so that the school and community are connected in meaningful and productive ways and providing support for teachers and school leaders in addressing the school's needs; and

(20) Providing a means whereby the foregoing might be met in order to provide an opportunity for a quality basic education to the citizens of the state and to discharge the responsibilities and obligations of the state to ensure a literate and informed society

does establish the Quality Basic Education Program. It is declared to be the policy of this state to assure that each Georgian has access to quality instruc tion, as defined in this article, designed to improve upon a student's learning capacity. It is further declared that no student shall be refused admission into or be excluded from any public school in the state on account of race, creed, color, or national origin."

SECTION 12.

Said chapter is further amended by striking in its entirety Code Section 20-2132, relating to the primary goals of the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-132 to read as follows:
"20-2-132.
It is the intent of the General Assembly that the primary goals of this article shall be as follows:

GEORGIA lAWS 2000 SESSION

637

(1) A substantial reduction in the number of teachers who leave the teaching profession for reasons of job dissatisfaction;

(2) A decrease in the percentage and number of students who enter school but drop out prior to graduation;

(3) The elimination of emergency teaching certificates and waivers for teaching outside of specialty;

(4) A decrease in the percentage of students who fail the Georgia High School Graduation Test;

(5) A significant increase in the test scores of Georgia students who take the Scholastic Assessment Test (SAT) or the ACT Assessment (ACT);

(6) An increase in the number of students mastering each skill in reading, mathematics, and other subject areas;

(7) An accountability system for education programs that measures efficiency and effectiveness and ensures that programs produce improvement in student achievement scores for all students;

(8) A comprehensive program and financial information system that provides data that allow for the accurate evaluation of program effectiveness;

(9) A seamless education system that allows students to be served in the most effective and efficient way possible;

(10) The elimination of school violence;

(11) A decrease in the percentage of students who perform below grade level;

(12) An increase in parental and community involvement in schools;

(13) Better coordination between education agencies and other organizations providing instructional and related services to students;

(14) A more competent school work force through the effective use of evaluation tools, training, and school improvement teams that promote best practices; and

(15) More flexibility for high-performing schools so that services can be better adapted to student needs."

SECTION 13.

Said chapter is further amended in Code Section 20-2-142, relating to prescribed courses and the development and dissemination of instructional materials on the effect of alcohol under the "Quality Basic Education Act," by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"(c) The State Board of Education shall prescribe a course of study in health and physical education for all grades and grade levels in the public schools and shall establish minimum time requirements and standards for its administration. The course shall include instruction concerning the impact of alcohol, tobacco, and drug use upon health. A manual setting out the details of such courses of study shall be prepared or approved by the State School Superintendent in cooperation with the Department of Human Resources, the state board, and such expert advisers as they may choose. The Department of Education is directed to assemble or develop instructional resources and materials concerning alcohol and drug abuse, taking into consideration technological enhancements available for utilization of such instructional resources."
SECTION 14.

Said chapter is further amended by striking paragraph (4) of subsection (b) of Code Section 20-2-151, relating to general and career education programs under the "Quality Basic Education Act," and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) (A) It is the policy of this state that the primary purposes of the high school programs shall be to prepare students for the continuation of their education beyond high school and for entry into their chosen career fields as well as to prepare them to take their places in society as young adults. The following high school programs for grades nine, ten, 11, and 12 are authorized for purposes of funding under this article:

(i) The high school education program; and
(ii) The vocational laboratory program.
(B) As a reflection of the reduced teacher-student ratios and more extensive material and equipment needed for effective laboratory courses compared to courses with no or only limited laboratory experiences, the vocational laboratory program shall be funded at a higher level than the high school general education program. The state board shall adopt criteria which courses must meet in order to qualify for the vocational laboratory program."
SECTION 15.

Said chapter is further amended by striking in its entirety Code Section 20-2153, relating to the special instructional assistance program for students with developmental disabilities under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-153 to read as follows:

GEORGIA lAWS 2000 SESSION

639

"20-2-153.

The State Board of Education shall create an early intervention program to assist students with identified developmental deficiencies which are likely to result in problems in maintaining a level of performance consistent with expectations for their respective ages. The kindergarten early intervention program shall serve students enrolled in grade kindergarten. The primary grades early intervention program shall serve students enrolled in grades one through three. Only students with documented developmental levels below expectations for their respective ages shall be eligible for the early intervention program. The purpose of the early intervention program shall be to provide additional instructional resources to help students who are performing below grade level obtain the necessary academic skills to reach grade level performance in the shortest possible time. The definition of below grade level shall be that as defined by the Office of Education Accountability and adopted by the Education Coordinating Council and State Board of Education. In developing accountability standards for schools, the Office of Education Accountability shall consider the length of time that students spend in the early intervention program as one of the determinants of performing and nonperforming schools. Students should be moved into this program, provided assistance, and moved out of this program upon reaching grade level performance. It is not the intent of the General Assembly that students be assigned to this program on a continuing or permanent basis. The school shall provide timely notice and an opportunity for a conference with the student and his or her parents or guardians to discuss the student's developmental deficiencies and options for addressing those deficiencies. 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. Delivery models may include, but are not limited to, class augmentation, pull-out or self-contained classes, and the Reading Recovery Program delivered by certificated personnel. Funding for the early intervention program shall have a full-time equivalent teacher-student ratio of one teacher to 11 students.

Each local school system shall annually report the number of students served in the early intervention programs as part of the full-time equivalent program count conducted pursuant to Code Section 20-2-160."

SECTION 16.

Said chapter is further amended by striking in its entirety Code Section 20-2154, relating to the remedial education program under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-154 to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"20-2-154.

(a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who are also eligible under the criteria specified in this Code section shall be provided, in accordance with policies adopted by the State Board of Education, the remedial education program services needed to address their respective reading, mathematics, or writing deficiencies beginning fiscal year 1992. The following students shall be eligible for remedial education services:

(1) Students in grades four and five and grades nine through 12 may be eligible for services if they meet two or more of the following criteria:

(A) The student has been through the formal student support team process and has documented evidence to support the placement in remedial education;

(B) The student has been retained in the grade;

(C) The student is receiving services under Part A of Chapter 1 of Title 1 of the Elementary and Secondary Education Act of 1965, as amended by the Improving America's Schools Act of 1994 (Public Law 103-382);

(D) The student has been recommended by the teacher who has documented any of the following student information:

(i) Low performance in the reading series system;

(ii) Low performance in the mathematics series; or
(iii) The student is unable to verbally express ideas and cannot write or dictate a meaningful sentence; or

(E) Current test information in the student file indicates the student has a score at or below the twenty-fifth percentile; and

(2) Students in grades four and five and grades nine through 12 who are receiving services under the special education program as authorized by Code Section 20-2-152 and whose Individualized Education Programs (IEP's) specify that they meet the eligibility requirements specified in paragraph ( 1) of this subsection and that their special education program is not designed to address their respective reading, mathematics, or writing deficiencies.
No more than 25 percent of the full-time equivalent population in eligible grades as specified in paragraphs (1) and (2) of this subsection shall be eligible for the remedial program; provided, however, that the State Board of Education may develop regulations whereby a higher percentage may be eligible if the percentage of students receiving free and reduced price lunches exceeds 50 percent.

GEORGIA LAWS 2000 SESSION

641

(b) Students in grades four and five shall only receive instruction at any given time at their current performance level or slightly above such level in the subject matter areas for which they are eligible under the provisions of this Code section; provided, however, that the program of instruction is designed to move the student to grade level or higher in the shortest possible time while ensuring mastery as the student progresses. Each local unit of administration shall submit to the State Board of Education by July 1 of each year the average achievement scores by subject area and grade level of all students who were receiving instructional services under the provisions of this Code section, except those students whose Individualized Education Programs under the special education program state they shall not be administered such achievement tests. If appropriate evaluation data are not received from a local school system by the state board by July 1 of each year, after a hearing has been held for the system, the subsequent allocation of funds under this Code section for the next fiscal year shall be withheld in accordance with the procedure specified in Code Section 20-2-243. The state board shall monitor each local school system's remedial education program at least once each year. The state board shall annually request sufficient state funds to pay a pro rata share of the costs associated with the staff of the federal compensatory education program for disadvantaged children when such staff is used to evaluate the remedial education program under this Code section in co~unction with the evaluation of the federal compensatory education program for disadvantaged children in the same local school system."

SECTION 17.

Said chapter is further amended in Part 3 of Article 6, relating to educational programs under the "Quality Basic Education Act," by adding a new Code Section 20-2-154.1 to read as follows:

"20-2-154.1.

(a) It is the policy of this state that the alternative education program shall provide a learning environment that includes the objectives of the quality core curriculum and that the instruction in an alternative education program shall enable students to return to a general or career education program as quickly as possible. Course credit shall be earned in an alternative education program in the same manner as in other education programs. It is the policy of this state that it is preferable to reassign disruptive students to an alternative education program rather than suspending or expelling such students from school.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) Alternative education programs are intended to meet the education needs of a student who is suspended from his or her regular classroom and also of a student who is eligible to remain in his or her regular classroom but is more likely to succeed in a nontraditional setting such as that provided in an alternative education program.
(c) As part of the process of assigning a student to an alternative education program for academic or nondisciplinary reasons, the school shall assess, through policies and procedures promulgated by the local board of education, the needs of the student and consider options for addressing those needs.

(d) Each local school system shall provide an alternative education program that:
(1) Is provided in a setting other than a student's regular classroom;
(2) Is located on or off of a regular school campus and may include inschool suspension that provides continued progress on regular classroom assignments;
(3) Provides for disruptive students who are assigned to the alternative education program to be separated from nondisruptive students who are assigned to the program;

(4) Focuses on English language arts, mathematics, science, social studies, and self-discipline;
(5) Provides for students' educational and behavioral needs; and
(6) Provides supervision and counseling.
(e) An alternative education program may provide for a student's transfer to a different campus, a school-community guidance center, or a community-based alternative school.

(f) A local school system may provide an alternative education program jointly with one or more other systems.
(g) Each local school system shall cooperate with government agencies and community organizations that provide services in the school district to students placed in an alternative education program.
(h) For the 2000-2001 school year, state funding of alternative education programs shall be based upon a full-time equivalent program count that equals 2.5 percent of the full-time equivalent program count for grades six through 12. For the 2001-2002 school year and thereafter, the amount of state funds appropriated and allocated for the alternative education program provided for in this Code section shall be based on the actual count of stu-

GEORGIA lAWS 2000 SESSION

643

dents served during the preceding year, except that the count of students served shall not exceed 2.5 percent of the full-time equivalent program count for grades six through 12.

(i) A local school system shall allocate to an alternative education program the same expenditure for each student attending the alternative education program, including federal, state, and local funds, that would be allocated to the student's school if the student were attending the student's regularly assigned education program, including a special education program, except as otherwise provided in this Code section.

(j) Upon the request of a local school system, a regional educational service agency may provide to the system information on developing an alternative education program that takes into consideration the system's size, wealth, and existing facilities in determining the program best suited to the system.

(k) If a student placed in an alternative education program enrolls in another local school system before the expiration of the period of placement, the local board of education requiring the placement shall provide to the local school system in which the student enrolls, at the same time other records of the student are provided, a copy of the placement order. The local school system in which the student enrolls may continue the alternative education program placement under the terms of the order or may allow the student to attend regular classes without completing the period of placement.

(l) The State Board of Education shall adopt rules necessary to administer the provisions of this Code section. Academically, the mission of alternative education programs shall be to enable students to perform at grade level. Annually, the Office of Education Accountability shall define for alternative education programs acceptable performance and performance indicating a need for peer review, based principally on standards defined by the Office of Education Accountability that measure the academic progress of students toward performing at grade level while attending an alternative education program."

SECTION 18.

Said chapter is further amended by striking in its entirety Code Section 20-2155, relating to the school climate management program, model codes of behavior and discipline, and the in-school suspension program under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2155 to read as follows:

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"20-2-155.

The State Board of Education shall establish a state-wide school climate management program to help local schools and systems requesting assistance in developing school climate improvement and management processes. Such projects will be designed to optimize local resources through voluntary community, student, teacher, administrator, and other school personnel participation. These processes will be designed for, but will not be limited to, promoting positive gains in student achievement scores, student and teacher morale, community support, and student and teacher attendance, while decreasing student suspensions, expulsions, dropouts, and other negative aspects of the total school environment. The state board upon request of a local school system is authorized to provide the necessary on-site technical assistance to local schools and systems and to offer other assistance through regional and state-wide conferences and workshops, printed material, and such other assistance as may be deemed appropriate under this Code section. The state board shall, upon request of a local school system, produce model codes of behavior and discipline and shall produce guidelines for application and administration of such codes. The results of this program shall be annually presented to the General Assembly for review in determining future appropriations for state-level technical assistance necessary to perform the duties assigned to the state board under this Code section."

SECTION 19.

Said chapter is further amended by striking in its entirety Code Section 20-2156, relating to the program for limited-English-proficient students under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-156 to read as follows:

"20-2-156.

The State Board of Education shall create a program for limited-English-proficient students whose native language is not English, subject to appropriation by the General Assembly. The purpose of this program is to assist such students to develop proficiency in the English language, including listening, speaking, reading, and writing, sufficient to perform effectively at the currently assigned grade level. The state board shall prescribe such rules and regulations regarding eligibility criteria and standards as may be needed to carry out the provisions of this Code section. This program may also be referred to as the English for speakers of other languages (ESOL) program."

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SECTION 20.

Said chapter is further amended by striking in their entirety subsections (e) and (f) of Code Section 20-2-160, relating to the determination of enrollment by institutional program and the determination of funds to be appropriated under the "Quality Basic Education Act," and inserting in lieu thereof new subsections (e) and (f) to read as follows:

"(e) For purposes of calculating allotments for the instructional programs identified in paragraphs (2), (4), (7), and (18) of subsection (b) of Code Section 20-2-161, for which the full-time equivalent program counts provided for in subsections (a) through (d) of this Code section do not exist, the most recent full-time equivalent program count shall be used until such time as the full-time equivalent program counts provided for in subsections (a) through (d) of this Code section do exist.

(f) The allotments for the alternative education program shall be calculated as provided in subsection (h) of Code Section 20-2-154.1."

SECTION 21.

Said chapter is further amended by striking subsections (b), (e), and (f) of Code Section 20-2-161, relating to the Quality Basic Education Formula, and inserting in lieu thereof new subsections (b), (e), and (f) to read as follows:

"(b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of students enrolled, state authorized instructional programs shall have the following program weights and teacher-student ratios:

(1) Kindergarten program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.3405 weight and 1 to 15 ratio

(2) Kindergarten early intervention program

1.7082 weight and
1 to 11 ratio

(3) Primary grades program (1-3) ............................... 1.2689 weight and 1 to 17 ratio

(4) Primary grades early intervention program (1-3)

1.7556 weight and
1 to 11 ratio

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(5) Upper elementary grades program (4-5) ..................... 1.0289 weight and 1 to 23 ratio

(6) Middle grades program (6-8) ................................ 1.0218 weight and 1 to 23 ratio

(7) Middle school program (6-8) as defined in Code Section 20-2-290 ........................................................ 1.1196
weight and 1 to 20 ratio

(8) High school general education program (9-12) ............... 1.0000 weight and 1 to 23 ratio

(9) Vocational laboratory program (9-12) ........................ 1.2052 weight and 1 to 20 ratio

(10) Program for persons with disabilities: Category I ............ 2.3272 weight and 1 to 8 ratio

( 11) Program for persons with disabilities: Category II

2.7111 weight and
1 to 6.5 ratio

(12) Program for persons with disabilities: Category III... . . . . . . . . 3.4485 weight and 1 to 5 ratio

(13) Program for persons with disabilities: Category IV ........... 5.5742 weight and 1 to 3 ratio

(14) Program for persons with disabilities: Category V ............ 2.4136

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647

weight and 1 to 8 ratio

(15) Program for intellectually gifted students: Category VI... . . . . 1.6255 weight and 1 to 12 ratio

(16) Remedial education program ............................... 1.2864 weight and 1 to 15 ratio

(17) Alternative education program

1.5613 weight and
1 to 15 ratio

(18) English for speakers of other languages (ESOL) program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.4317
weight and 1 to 7 ratio"

"(e) The State Board of Education shall annually calculate for each instructional program provided for in subsection (b) of this Code section for each local school system the amount of additional funds needed beyond the amounts reflected in the base amount and the program weights, in order to pay the state minimum salaries pursuant to Code Section 20-2-212. The calculation of such additional amount shall be based on all certificated professional personnel who were employed by the local school system as of the month of October for the most recent year that these data are available; provided, however, that the amount needed for training and experience for personnel funded through categorical grants shall only be included in the appropriate categorical grant. The amount shall be reported for each program identified in subsection (b) of this Code section for each full-time equivalent program count date and by segment of the school day and for each categorical program. Such additional amount shall be known as 'program adjustment amount for training and experience' and this amount shall be noted in total in the language section of the General Appropriations Act each year.
(f) As the relative costs of the various program components will change over time and as some components will need to be added or removed, the Governor shall appoint a task force every three years for the purposes of reviewing the effectiveness of existing program weights and recommending to the

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General Assembly any changes needed. This task force shall be comprised of members or staff of the General Assembly, the State Board of Education, the Governor's office, and representatives of local school systems."
SECTION 22.
Said chapter is further amended by striking in its entirety Code Section 20-2162, relating to the annual recalculation of the amount of funding and the midterm adjustment under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-162 to read as follows:
"20-2-162.
(a) The State Board of Education shall annually recalculate the total amount needed under the Quality Basic Education Formula for the midterm adjustment for the current fiscal year using the average of the first and the projected second full-time equivalent counts for the current fiscal year, with the first full-time equivalent count weighted two parts and the projected second full-time equivalent count weighted one part. If the total amount needed by each local school system when recalculated is greater than the initial amount calculated, then the state board shall increase the total allotment for said system by the difference between the recalculation and the initial calculation. All funds allocated as the result of this recalculation to a local school system for direct instructional costs as defined in paragraph (1) of subsection (a) of Code Section 20-2-167 shall be applied to the direct instructional costs of the instructional programs specified in Code Section 202-161 which had full-time equivalent counts pursuant to this Code section that are higher than the full-time equivalent counts upon which the initial allocations were based. The balance of the funds allocated to a local school system as the result of this recalculation must be applied to items specified in Code Sections 20-2-182 through 20-2-186 for instructional programs specified in subsection (b) of Code Section 20-2-161 and shall not be expended for any program or service explicitly excluded from the full-time equivalent count in Code Section 20-2-160. The total amount of increased funding required by the midterm adjustment shall be requested by the state board and shall demonstrate for each receiving local school system the average full-time equivalent count used in the initial calculation compared to the midterm average count for each program category system wide. If the recalculation for a local school system is less than the initial calculation, the amount of funds initially allotted to the system shall not be reduced for the current fiscal year. Local school systems which fail to provide the state board with complete full-time equivalent student counts by instructional program in the manner and by dates prescribed by the state board shall not be eligible for recalculation of their current year allotment.
(b) A midterm adjustment in a local school system's local five mill share shall be made if:

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(1) The most recent actual property tax digest for educational maintenance and operation of a local school system, as approved by the Department of Revenue, is less than the actual property tax digest for educational maintenance and operation approved by the Department of Revenue for the year used initially to calculate the system's local five mill share pursuant to Code Section 20-2-164, and such reduction is due to more accurate assessments or actual loss in tangible property or a combination of these factors as determined by the Department of Revenue; and

(2) The most recent equalized adjusted school property tax digest for the local school system is less than the equalized adjusted school property tax digest for the year used initially to calculate the system's local five mill share.

Such a midterm adjustment shall be made by reducing the initial local five mill share by the percentage decrease over the most recent two years in the actual property tax digest for educational maintenance and operation. The gross value of property prior to deduction of any exemptions shall be used throughout the calculations under this subsection. The provisions of this subsection shall apply only to the midterm adjustment of local five mill share as provided in this Code section."

SECTION 23.

Said chapter is further amended by striking subsections (a), (b), and (h) of Code Section 20-2-164, relating to local fair share funds under the "Quality Basic Education Act," and inserting in lieu thereof new subsections (a), (b), and (h) to read as follows:

"(a) The State Board of Education shall calculate the amount of local five mill share funds that each local school system shall be required to spend each fiscal year to participate in the Quality Basic Education Program as follows:

(1) Unless the combined local five mill share total for all local school systems in the state, when calculated pursuant to this paragraph, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to subsection (d) of Code Section 20-2-161, the amount of each local school system's local five mill share shall be calculated as follows:

(A) Determine the most recent equalized adjusted school property tax digest for the local school system less the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274, multiply the difference by .4, and add to that product the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(B) From the amount calculated in subparagraph (A) of this paragraph deduct the total amount calculated pursuant to subsection (g) of this Code section; and

(C) Multiply the remainder calculated in subparagraph (B) of this paragraph by .005; or
(2) If the combined local five mill share total for all local school systems in this state, when calculated pursuant to paragraph (1) of this subsection, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to subsection (d) of Code Section 20-2161, then the amount of each local system's fair share shall be calculated as follows:

(A) Multiply the total amount of Quality Basic Education Formula amounts to be expended for all local school systems combined, as calculated for each local school system pursuant to Code Section 20-2-161, by .2;

(B) Divide the product calculated in subparagraph (A) of this paragraph by the sum of the local five mill share amounts for all local school systems in this state as calculated for each local school system pursuant to subparagraph (C) of paragraph (1) of this subsection;
(C) Multiply the amount calculated in subparagraph (B) of this paragraph by .005; and
(D) Multiply the product calculated in subparagraph (C) of this paragraph by the remainder calculated in subparagraph (B) of paragraph (1) of this subsection.
(b) (1) Each local school system shall apply the total amount of its local five mill share funds to programs funded under this article and in the manner so earned as indicated on the allotment sheets as provided by the State Board of Education; provided, however, that no portion of the local five mill share funds is applied to the financing of educational programs and services operated at the option of the local school system or for any grant program which explicitly excludes the application of local funds or which explicitly requires an application of local funds other than from the local five mill share.

(2) The local school system may apply revenues toward the local five mill share from any source except: funds derived from the federal government which were not designed to replace local tax revenues; state funds; student tuition and fees; funds transferred from another local unit of administration; and other sources specifically prohibited by provisions of this article; provided, however, that an independent school system may apply appropriations from the taxing authority of its municipal government."

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"(h) In the event a local school system fails to provide for or to use the amount of local funds required to be raised and applied by the local school system in order to participate in the Quality Basic Education Program as defined by this article during any fiscal year, the State Board of Education shall calculate the total amount of such funds and add that amount to the local five mill share being required of the local school system for an ensuing fiscal year. Further, should the state auditor cite an audit exception which requires that a local school system return an amount of funds to the state general fund, the state board shall add said amount to the local five mill share of the local school system for an ensuing fiscal year if the state board has not been provided documentation that the amount has already been paid to the state general fund. Such additions will thereby reduce the amount of state funds which shall be allotted to such local school systems. If a local school system does not fulfill its obligation to provide a local five mill share or to comply with any other provisions of this article for any fiscal year, the state board may withhold any portion or all of the state funds to be allotted during the current or an ensuing fiscal year."

SECTION 24.

Said chapter is further amended by striking in its entirety Code Section 20-2165, relating to calculation and allocation of equalization grants under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-165 to read as follows:

"20-2-165.

(a) As used in this Code section, the term:

(1) 'Assessed valuation' is defined as 40 percent of the equalized adjusted school property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164.

(2) 'Assessed valuation per weighted full-time equivalent' is defined as the assessed valuation for the most recent year available divided by the weighted full-time equivalent for the year of the digest.

(3) 'Average weighted full-time equivalent count' is defined as the first count of a fiscal year weighted two parts and the second count weighted one part.

(4) 'Effective millage rate' is defined as local tax revenues divided by the assessed valuation and multiplied by 1,000.

(5) 'Eligible full-time equivalent program count' is defined as the sum of the full-time equivalent resident student count and full-time equivalent nonresident student count pursuant to subsection (b) of Code Section 202-160 for each program specified pursuant to subsection (b) of Code Section 20-2-161; provided, however, that each local school system's total full-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

time equivalent nonresident student count for all programs except handicapped programs shall not exceed the lesser of the count for fiscal year 2000 or the count for any ensuing fiscal year, unless the local school system serves under contract all of the students in one or more grade levels from an adjoining system or unless the system serves students from an adjoining system under court order.
(6) 'Equalized adjusted school property tax digest' is defined as the most recent equalized adjusted school property tax digest furnished to the State Board of Education pursuant to paragraph (1) of subsection (c) of Code Section 20-2-164.
(7) 'Guaranteed valuation school system' is defined as the local school system ranking at the seventy-fifth percentile in dollars of assessed valuation per weighted full-time equivalent, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent. For the purpose of determining the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system only, a reduction of the assessed valuation for exemptions authorized by Code Sections 48-544 and 48-548 shall be calculated whether such exemptions are granted or not granted by the guaranteed valuation school system.
(8) 'Local tax revenues' is defined as the sum of tax revenues for a local school system as furnished to the state board by the Department of Revenue pursuant to subsection (e) of Code Section 20-2-164, reduced by the total amount of general funds expended for capital outlay or transferred into an escrow account for capital outlay purposes for the most recent fiscal year such data are available and increased by any federal funds designed to replace local tax revenues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable documentation which clearly identifies the source or sources of such federal funds.
(9) 'Most recent average weighted full-time equivalent count' is defined as the average of the two most recent weighted full-time equivalent counts.
(10) 'Qualified local school system' is defined as any local school system having an assessed valuation per weighted full-time equivalent count for the year of the digest ranking below the guaranteed valuation school system and 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.

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(11) 'Weighted full-time equivalent count' is defined as the sum of all eligible full-time equivalent program counts multiplied by their respective program weights in effect during the fiscal year that the full-time equivalent counts were obtained pursuant to Code Section 20-2-161.
(12) 'Weighted full-time equivalent for the year of the digest' is defined as the average of the two weighted full-time equivalent counts taken during that fiscal year beginning during the year of the digest.

(b) The State Board of Education shall annually calculate the equalization grant for each qualified local school system in the following manner:

( 1) Subtract the assessed valuation per weighted full-time equivalent for the local school system from the assessed valuation per weighted full-time equivalent for the guaranteed valuation school system;

(2) Divide the difference resulting from paragraph (1) of this subsection by 1,000;

(3) Subtract five from the effective millage rate for the local school system and use the resulting number of effective mills or 15 effective mills, whichever is less, as the number of effective mills to be equalized;

(4) Multiply the quotient resulting from paragraph (2) of this subsection by the number of effective mills to be equalized pursuant to paragraph (3) of this subsection;

(5) Multiply the product resulting from paragraph (4) of this subsection by the most recent average weighted full-time equivalent count for the local school system; and

(6) The resulting amount, calculation amount A, shall be the equalization grant for the ensuing fiscal year; provided, however, that for fiscal year 2001 the amount shall be adjusted by calculating a second amount, calculation amount B, under subsection (b) of this Code section by replacing the seventy-fifth percentile school system with the ninetieth percentile school system for the guaranteed valuation school system and subtracting five from the effective mills and using the resulting number of effective mills or 3.25 effective mills, whichever is less, as the number of effective mills to be equalized, and subtracting the resulting amount from calculation amount A and multiplying the resulting amount by .25 and adding that amount to calculation amount B; provided, further, that for each local school system which serves under contract all of the students in one or more grade levels from an adjoining system and for each local school system which sends under contract all of the students in one or more grade levels to an adjoining system, the equalization grant shall be recalculated to represent the amount that would be earned if the students transferred under said contract were included in the full-time equivalent counts of the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

local school system in which they reside; provided, further, that any recalculated equalization grant to be earned by a local school system sending students to another system under the provisions of such a contract shall be reduced by an amount which represents the equalization funds earned per weighted full-time equivalent student multiplied by the total weighted full-time equivalent count for students transferred, and any recalculated equalization grant to be earned by the local school system receiving students under said contract shall be increased by the same amount. The amounts so recalculated shall be the equalization grants for such local school systems. The recalculations shall occur after the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system has been calculated and shall not affect the calculation of the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system.
(c) The State Board of Education shall allocate respectively the amount calculated under subsection (b) of this Code section to each qualified local school system. For the first effective year of the merger of any two or more local school systems, the equalization grant shall be the addition of amounts which would have been separately earned by the systems participating in the merger or the amount which would have been earned if the systems had already been merged during the year of the applicable digest, whichever is greater. No portion of local five mill share shall be applied to such equalization grants. In the event sufficient funds are not appropriated in a fiscal year to the state board to allot the full amount of equalization grants calculated to be payable to qualified local school systems as provided in this Code section, the state board shall proportionately reduce the amount of funds to be allocated to qualified local school systems.

(d) The amount of funds appropriated each year under this Code section, for a period not to exceed five years beginning with fiscal year 2002, may be adjusted to allow local school systems that are losing funds due to a change from the ninetieth percentile guaranteed valuation school system to the seventy-fifth percentile guaranteed valuation school system sufficient time to adjust their local programs.
(e) (1) Beginning with Fiscal Year 2002, a midterm adjustment in a local school system's equalization grant shall be made if:
(A) The school system ranks at or below the seventy-fifth percentile in dollars of assessed valuation per weighted full-time equivalent student, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent student; and
(B) The school system increases the actual millage levied against its digest.

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(2) If made, the midterm adjustment to the equalization grant shall be calculated as follows:

(A) Calculate the percentage change in the actual millage rate for a school system by subtracting the actual millage rate for the prior year from the actual millage rate for the current year and dividing by the actual millage rate for the prior year;

(B) If the result from subparagraph (A) of this paragraph is a positive number, multiply the number of effective mills calculated as part of the original equalization grant calculation for a given year by the percentage increase calculated in subparagraph (A) of this paragraph. Add the product of this calculation to the effective number of mills from the original equalization grant calculation as described in subsections (a) through (d) of this Code section;

(C) Recalculate the equalization grant substituting the revised number of effective mills calculated in subparagraph (B) of this paragraph; and

(D) Subtract the initial equalization grant amount from the amount calculated in subparagraph (C) of this paragraph.

The resulting amount shall be the midterm adjustment to the equalization grant."

SECTION 25.

Said chapter is further amended by striking subsections (a) and (b) of Code Section 20-2-167, relating to funding for direct instructional, media center, and staff development costs and the establishment of a computerized uniform budget and accounting system under the "Quality Basic Education Act," and inserting in lieu thereof new subsections (a) and (b) to read as follows:

"(a) (1) The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct instructional costs for each program identified in Code Section 20-2-161, specifying the number of positions earned and salaries and operational costs portions. 'Direct instructional costs' is defined as those components of the program weights which are specified in subsections (a) through (g) of Code Section 20-2-182. In computing the total funds needed for direct instructional costs for each program, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for the five instructional programs for disabled students shall be summed into one amount for special education. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount of earnings, initial earnings, and midterm adjustment, if any, for each program author-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ized by Code Section 20-2-161. For each such program, each local school system shall spend a minimum of 90 percent of funds designated for direct instructional costs on the direct instructional costs of such program at the school site in which the funds were earned, except that funds earned for special education programs shall be summed for the purposes of this expenditure control. Only the state salary amounts resulting from the amount earned on the state-wide salary schedule as approved by the State Board of Education pursuant to Code Section 20-2-212 plus associated benefits funded by the state and the salaries and any state-earned benefits or comparable state-earned benefits of technology specialists and classroom aides may be applied to the salary cost components for the purpose of meeting this expenditure control. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional material or equipment, or any other appropriate direct instructional expense; provided, however, that 100 percent of funds earned for direct instructional salaries shall be expended for salaries of direct instructional personnel and classroom aides. The total number of positions earned for direct instruction as specified in Code Section 20-2-182, adjusted for maximum class size, shall be employed for the delivery of services for which the funds were earned. This position control shall be for the kindergarten program, the kindergarten early intervention program, the primary grades program, and the primary grades early intervention program combined and the combined total for all other programs; provided, however, that positions earned for art, music, and physical education, technology specialists, and counselors shall be totaled for all programs. Fractional amounts may be combined and used for any direct instructional position. Funds earned for any fractional amounts may be used for any direct instructional expense. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for the direct instructional costs of an instructional program specified by Code Section 20-2-161 which are not expended for direct instructional costs must be returned to the state treasury.

(2) The state board shall annually compute, based upon the initial allotment of funds to each local schciol system, the total funds needed system wide for media center costs, specifying the salaries and materials cost portions. In computing the total funds needed for media center costs, the state board shall apply the percentage that these costs represent of the total costs used in developing program weights. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount of earnings, initial earnings, and midterm adjustment, if any, for each program authorized by Code Section 20-2-161. Each local school system shall spend 100 percent

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of the funds designated for media center costs for such costs, and a minimum of 90 percent of such funds shall be spent at the school site in which such funds were earned.

(3) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for staff development costs. In computing the total funds needed for these categories, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. Following the midter~ adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount, initial earnings, and midterm adjustment, if any, of earnings for each program specified in subsection (b) of Code Section 20-2-161. Each local school system shall spend 100 percent of the funds designated for staff and professional development costs, as allowed by State Board of Education policy, for such costs. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, these amounts shall be increased by the portion of the midterm adjustment allotment which is applied to staff development. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to return a portion of Its allocation for staff development and professional development costs to the state, the 100 percent amount for staff development shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for staff development and professional development of certificated and instructional personnel which are not expended for this purpose may be expended only for staff development of noncertificated personnel employed by the local school system and the members of the local school board, for meeting certification requirements of personnel, and for administration and operation of the staff development and professional development programs authorized pursuant to subsection (h) of Code Seqion 20-2-182.

(4) All funds earned pursuant to this article may be expended only for the operation of educational programs and services explicitly authorized under this article.

(5) The budget of each local school system shall reflect all anticipated revenues from each source. The budget of each local school system shall designate all of such anticipated revenues among the several funds or accounts of the system and shall not leave any anticipated revenues undesignated. Except as otherwise provided in this paragraph, all amounts allocated to each fund or account and any existing balance in each fund or account shall be intended for expenditure within the budget year for the purposes of that fund or account. There shall be no fund or account in

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the nature of a 'surplus' or 'unobligated surplus' fund or account. Each local school system may, however, establish a single reserve fund or reserve account intended to cover unanticipated deficiencies in revenue or unanticipated expenditures, provided that the budget for any year shall not allocate to such reserve fund or reserve account any amounts which, when combined with the existing balance in such fund or account, exceed 15 percent of that year's total budget. A local school system may also establish one or more capital accumulation funds or accounts, and amounts may be allocated to such capital accumulation funds or accounts for expenditure in future budget years only if the purpose for which such amounts will be expended and the anticipated date of expenditure of such amounts are clearly and specifically identified. The purpose of this paragraph is to prohibit local school systems from accumulating surplus funds through taxation without accounting to the taxpayers for how such funds will be expended, and this paragraph shall be liberally construed to accomplish this purpose.
(b) (1) The State Board of Education shall establish a computerized uniform budget and accounting system as a component of the state-wide comprehensive educational information system established pursuant to Code Section 20-2-320 and shall establish uniform regulations to be implemented by local units of administration. The computerized uniform budget and accounting system shall conform to generally accepted governmental accounting principles which shall include, but not be limited to, the following costing information:
(A) Instructional program involved;
(B) Whether basic education or enrichment in purpose;
(C) Fund source or sources; and
(D) Major program components such as instructional personnel, instructional operations, facility maintenance and operation, media center operation, school administration, system administration, staff development, or professional development.
(2) The state board shall prescribe information that must be submitted to the state board and the time it must be submitted. In determining the information needed and the time for submission, the state board shall take into consideration the information and times identified by the Office of Education Accountability as necessary to the implementation of the accountability program provided for in Part 3 of Article 2 of Chapter 14 of this title. The state board is authorized to establish a financial review section for the limited purpose of reviewing financial records and accounting of local governing boards and assisting local units of administration in training personnel in financial and budgetary accounting."

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659

SECTION 26.

Said chapter is further amended by striking in its entirety Code Section 20-2181, relating to the calculation of program weights based on base school size under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-181 to read as follows:

"20-2-181.

The calculation of all program weights shall reflect a base size local school system of 3,300 full-time equivalent students. The calculation of program weights for the kindergarten program, the kindergarten early intervention program, the primary grades (l-3) intervention program, the primary grades (1-3) program, and the upper elementary grades (4-5) program shall reflect a base school size of 450 full-time equivalent students. The calculation of program weights for the middle grades (6-8) program, the middle school (68) program, the special education programs, the remedial education program, and the English for speakers of other languages program shall reflect a base school size of 624 full-time equivalent students. The calculation of the program weights for the high school general education program and the high school vocational laboratory program shall reflect a base school size of 970 full-time equivalent students. The calculation of program weights for the alternative education program shall reflect a base school size of 100 fulltime equivalent students, except that the calculations for secretaries and media personnel shall reflect a base school size of 624 full-time equivalent students."

SECTION 27.

Said chapter is further amended by striking in its entirety Code Section 20-2182, relating to the calculation of program weights based on payment of salaries and benefits under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-182 to read as follows:

"20-2-182.

(a) The program weights, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of all teachers needed to provide essential classroom instruction in order to ensure a Quality Basic Education Program for all enrolled students, subject to appropriation by the General Assembly.

(b) The program weights for the primary, primary early intervention, upper elementary, middle grades, and middle school programs, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of specialists qualified to teach art, music, and physical education, subject to appropriation by the General Assembly.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) The program weights for the kindergarten, kindergarten early intervention, primary, primary early intervention, upper elementary, middle grades, middle school, and alternative education, programs and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for guidance counselors needed to provide essential guidance services to students and whose duties and responsibilities shall be established by the state board to require a minimum of five of the six full-time equivalent program count segments of the counselor's time to be spent counseling or advising students or parents.

(d) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for technology specialists needed to provide essential technology services.
(e) The program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to provide teachers with a preparation period free of assigned students.
(f) The program weights for the vocational laboratory program, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of laboratory supervisors in such program.
(f.1) The program weights for the kindergarten, kindergarten early intervention, primary, primary early intervention, upper elementary, middle grades, middle school, remedial, and alternative education programs and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for instructors needed to provide 20 additional days of instruction for 10 percent of the full-time equivalent count of the respective program. Such funds shall be used for addressing the academic needs of low-performing students with programs such as, but not limited to, instructional opportunities for students beyond the regular school day, Saturday classes, intersession classes, and summer school classes.

(g) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the cost of sick and personal leave for teachers, the employer's portion of costs for membership in the Teachers Retirement System of Georgia and health insurance programs authorized by law, the cost of essential instructional materials and equipment needed to operate effectively such instructional programs, and the cost of travel required of personnel in order to deliver educational services to enrolled students, subject to appropriation by the General Assembly.

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(h) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (f) of Code Section 20-2161, an amount of funds for the purpose of providing staff and professional development to certificated and classified personnel and local school board members which shall be at least equivalent to 1.5 percent of salaries of all certificated professional personnel used in the development of each respective program weight, subject to appropriation by the General Assembly. Funds used for professional or staff development purposes may be used throughout the fiscal year, including days when students are not present at school, to meet professional or staff development needs in the order of priority determined by the local board of education within the comprehensive professional and staff development program plan approved by the State Board of Education pursuant to Code Section 20-2-232. Such professional and staff development program plan shall address deficiencies of certificated personnel as identified by evaluations required under Code Section 20-2-210. Where possible, professional and staff development funds shall be used for activities that enhance the skills of certificated personnel and directly relate to student achievement. Subsequent certificated personnel evaluations shall include an assessment of an employee's professional and staff development activities and their effect on identified deficiencies and student achievement. Funds for professional development purposes may be used for activities occurring at any time during the fiscal year outside of an employee's normal contract hours.

(i) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article and the middle school program provided for in Code Section 20-2-290 the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the teacher-student ratios used in the calculation of the program weights as set forth in subsection (b) of Code Section 20-2-161 but shall not exceed the funding class size by more than 20 percent, unless specifically authorized by the State Board of Education; provided, however, that in no case shall the 20 percent maximum be exceeded for mathematics, science, social studies, or English classes; provided, further, that the maximum class size for grades one through three shall not exceed 20 percent over the funding ratio except for art, music, or physical education classes; provided, further, that the maximum class size for special education, gifted, and English for speakers of other languages classes shall be set by the State Board of Education. For a period not to exceed four years, beginning with the 2000-2001 school year, local school systems shall be allowed to exceed the maximum class sizes set forth in this subsection in a manner consistent with State Board of Education rules. The State Board of Education shall lower the current maximum class sizes set by state board rules in effect for the 1999-2000 school year, beginning with the 20002001 school year, by a proportional amount each school year so that, begin-

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ning with the 2003-2004 school year, State Board of Education rules are in compliance with this subsection. An aide may be used to increase the maximum class size in kindergarten from 18 to 20 and may be used in all other programs to increase class size as allowed by State Board of Education rule, except that an aide shall not be used to increase the maximum class size in grades one through three. The maximum class size for the kindergarten and primary grades programs is defined as the number of students in a physical classroom. Maximum class sizes that result in a fractional full-time equivalent shall be rounded up to the nearest whole number as needed. The middle school program shall use the teacher-student ratio of the middle grades program for the purpose of this subsection. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. The state board shall not reduce class sizes without the authorization of the General Assembly, if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems' programs as determined by the local boards of education."
SECTION 28.
Said chapter is further amended by striking in its entirety Code Section 20-2185, relating to the calculation of program weights based on payment of salaries for principals and secretaries under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-185 to read as follows:
"20-2-185.
All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of assistant principals as well as the salaries of secretaries essential for the efficient and effective management of the instructional and supportive educational programs of an appropriate base size school pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office in the school, subject to appropriation by the General Assembly."
SECTION 29.
Said chapter is further amended by striking in its entirety Code Section 20-2186, relating to the allocation of funds for local systems to pay beginning salaries of superintendents, secretaries, and accountants under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-186 to read as follows:

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663

"20-2-186.

(a) Funds provided under this article shall include the following for local systems to pay, on a 12 month basis, the beginning salaries of superintendents, assistant superintendents, and principals and the salaries of secretaries, accountants, and nurses, subject to appropriation by the General Assembly:

(1) Each local system shall earn, for any number of full-time equivalent students equal to or under 5,000, funds sufficient to pay the beginning salaries of a superintendent and two assistant superintendents and the salaries of a secretary and an accountant; and

(2) For numbers of full-time equivalent students over 5,000 and less than 10,001, funds sufficient to pay the beginning salaries of a superintendent and four assistant superintendents and the salaries of a secretary and an accountant; and

(3) For numbers of full-time equivalent students over 10,000, funds sufficient to pay the beginning salaries of a superintendent and eight assistant superintendents and the salaries of a secretary and an accountant; and

(4) Each local system shall earn funds for the 2000-2001 school year sufficient to pay the beginning salary of a principal for each school in the local school system with a principal of record for the preceding year. Thereafter, each local school system shall earn funds sufficient to pay the beginning salary of a principal for each school in the local school system that reported a principal on the October certified personnel information report; provided, however, that any school which operates as a combination school, which is defined as any of the elementary grades, kindergarten through grade five, contiguous with one or more of the middle grades, grades six through eight; or as a combination school of any of the middle grades, grades six through eight, contiguous with one or more of the elementary grades or contiguous with one or more of the high school grades, grades nine through 12; or as a combination school of any of the high school grades, contiguous with one or more of the middle grades, shall earn funds sufficient to pay the beginning salary of a principal for each of the elementary, middle, or high school combinations. Beginning with the 2001-2002 school year, funds cannot be earned for more than one principal's salary for schools on the same campus sharing facilities unless the schools operate as a combination school as defined in this paragraph with separate facility codes issued by the Department of Education. A local school system shall earn funds in the midterm adjustment sufficient to pay the beginning salary of a principal for a new school, if not otherwise earning the funds, when the school has reported full-time equivalent program counts in the October count, has an approved new school facility code issued by the department, and has reported a principal on the October certified personnel information report under the new

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GENERAL ACTS AND RESOLUTIONS, VOL. I

facility code. It is further provided that funds for the salary of a principal shall not be earned under this paragraph for an evening school or alternative school; and

(5) Each local system shall earn funds sufficient to pay for nursing services.
(b) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of a visiting teacher using a base size of 2,475 full-time equivalent students and for costs of operating an administrative office for the local school system and for workers' compensation and employment security payments for personnel at the central office, school, and program levels, subject to appropriation by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of special education leadership personnel essential and necessary for the effective operation of such programs in a base size local school system. Further, the program weights for all programs, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of school psychologists and psychometrists essential and necessary for the effective operation of such programs in a local school system using a base size of 2,475 full-time equivalent students, subject to appropriation by the General Assembly.
(c) Notwithstanding any provision of this Code section to the contrary, no local system shall earn funds under this Code s~ction, except for funds for nurses, accountants, visiting teachers, school psychologists, and secretaries, if the local board of education has not implemented in a failing school within the system the interventions, as defined in Code Section 20-14-41, that are prescribed by the State Board of Education."
SECTION 30.
Said chapter is further amended by striking in its entirety subsection (b) of Code Section 20-2-200, relating to the regulation of certificated professional personnel by the Professional Standards Commission, and inserting in lieu thereof new subsections (b) and (b.1) to read as follows:
"(b) (1) Before granting a renewable certificate to an applicant, the Professional Standards Commission shall require the applicant to demonstrate satisfactory proficiency on a test of specific subject matter or other professional knowledge appropriate to the applicant's field of certification.
(2) Before granting a renewable certificate to an applicant, the commission is authorized to require the applicant to demonstrate satisfactory proficiency on a test of oral and written communication skills, a test of computer skill competency, and an assessment to demonstrate satisfactory onthejob performance appropriate to the applicant's field of certification.

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Successful completion of the phase one InTech model trammg at a state educational technology training center or by a State Board of Education approved redelivery team shall be acceptable for certificate renewal purposes. The on-thejob performance of teachers shall be assessed by the instrument developed pursuant to Code Section 20-2-210. When used for initial renewable certification, the extended form version of such instrument shall be used with the following additional requirements: the applicant shall produce for the days to be observed a brief written lesson plan appropriate and sufficient for the demonstration of essential skills; the scheduling of observation periods and intervals between them shall be designed to allow the teacher an adequate opportunity to demonstrate the essential skills; at least one evaluator shall be external to the school system in which the assessment is taking place and each evaluator is certified by the commission as qualified to administer the assessment; on-thejob performance shall be evaluated on criteria set by the commission which will ensure demonstration of effective teaching practices.

(3) An applicant shall be exempted from the written planning portion of the on-thejob assessment requirement pursuant to paragraph (2) of this subsection if:

(A) The applicant has held a professional teaching or service certificate issued by any state in the United States at the baccalaureate degree level or higher and has satisfactorily performed appropriate duties on a fulltime basis for at least five of the past eight years in regionally accredited private schools of this state or another state, or an accrediting agency with criteria and procedures equivalent to or greater than a regional accrediting association as determined solely by the Professional Standards Commission, or in public schools of this state or another state, or a combination thereof; or

(B) The applicant has held a professional leadership certificate issued by any state in the United States at a level above the master's degree and has satisfactorily performed appropriate leadership duties on a fulltime basis for at least five of the past eight years in regionally accredited private schools of this state or another state, or an accrediting agency with criteria and procedures equivalent to or greater than a regional accrediting association as determined solely by the Professional Standards Commission, or in public schools of this state or another state, or a combination thereof.

(4) Exemptions authorized pursuant to paragraph (3) of this subsection shall not apply to those applicants who have taken the on-thejob assessment required for certification more than five times. Any person who qualifies for the exemption granted under subparagraph (A) or (B) of paragraph (3) of this subsection shall receive a nonrenewable certificate

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GENERAL ACTS AND RESOLUTIONS, VOL. I

valid for a maximum of three years. During those three years, said person shall be eligible for a renewable certificate at such time said person demonstrates satisfactory performance on the nonwritten portion of the required certification assessment. This exemption shall in no way affect other certification requirements of this article or the annual performance evaluation required pursuant to Code Section 20-2-210.

(5) Before granting an initial renewable certificate to an applicant, the commission is authorized to require the applicant to demonstrate satisfactory proficiency on a test of broad general knowledge.

(6) On any test or assessment required as a condition for receiving any renewable certificate, each applicant shall have at least three opportunities to demonstrate the required proficiency. Each applicant currently employed by a local unit of administration whq initially does not pass any required tests or assessments may request and thereby shall be provided staff development assistance in the areas of identified deficiencies. An applicant must achieve the required passing score on any of the required tests only once for each certification level and field.

(7) An individual holding a valid life certificate is exempt from the provisions of this subsection for that certificate field.

(8) An individual who has received two unsatisfactory annual performance evaluations in the previous five-year period pursuant to Code Section 20-2-210 shall not be entitled to a renewable certificate prior to demonstrating that such performance deficiency has been satisfactorily addressed, but such individual may apply to the commission for a nonrenewable certificate.

(9) Before granting a renewable certificate required for teaching or for administering or supervising a school system, school, or school program to an applicant who holds a valid renewable certificate at the time of application, the commission shall require such applicant to demonstrate that he or she has worked as a teacher in a classroom for not less than five days during each school year preceding the expiration of such applicant's certificate or has completed a teacher training course approved by the commission.

(b.1) Upon certification from the National Board for Professional Teaching Standards, an applicant shall be deemed to have met state renewal requirements for the life of the teacher's national certificate."

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667

SECTION 31.

Said chapter is further amended in Code Section 20-2-201, relating to specific course requirements and in-service or continuing education for certificated professional personnel under the "Quality Basic Education Act," by striking in its entirety subsection (c) and inserting in lieu thereof new subsections (b.1) and (c) to read as follows:

"(b.1) Universities and colleges having teacher preparation programs for grades pre-kindergarten through 12 shall require students in such programs to be proficient in computer and other instructional technology applications and skills including understanding desktop computers, their applications, integration with teaching and curriculum, and their utilization for individualized instruction and classroom management. There shall be a test to assess the proficiency of students enrolled in teacher preparation programs in computer and other instructional technology applications and skills.

(c) Each local unit of administration shall be required to provide all professional personnel certificated by the Professional Standards Commission 12 clock hours of in-service or continuing education in each calendar year, or meet requirements of the Southern Association of Colleges and Schools. Such in-service programs shall be developed by the local unit of administration in conjunction with such agencies as regional educational service agencies, colleges and universities, and other appropriate organizations. These programs shall be designed to address identified needs determined by appropriate personnel evaluation instruments. These programs shall also focus on improving the skills of certificated personnel that directly relate to improving student achievement. Records of attendance shall be maintained by local units of administration and shall be monitored by appropriate Department of Education staff."

SECTION 32.

Said chapter is further amended by striking in its entirety Code Section 20-2210, relating to annual performance evaluations of certificated professional personnel, and inserting in lieu thereof a new Code Section 20-2-210 to read as follows:

"20-2-210.

(a) All personnel employed by local units of administration, including school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential. In the case of local school superintendents, such evaluations shall be performed by the local board of education. Certificated professional personnel who have deficiencies and other needs shall have professional development plans designed to mitigate such deficiencies and other needs as rriay have

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GENERAL ACTS AND RESOLUTIONS, VOL. I

been identified during the evaluation process. Progress relative to completing the annual professional development plan shall be assessed during the annual evaluation process. The state board shall develop a model annual evaluation instrument for each classification of professional personnel certificated by the Professional Standards Commission. The local units of administration are authorized to use the models developed by the State Board of Education.

(b) Annual teacher evaluations shall at a minimum take into consideration the following:

(1) The role of the teacher in meeting the school's student achievement goals, including the academic gains of students assigned to the teacher;

(2) Observations of the teacher by the principal and assistant principals during the delivery of instruction and at other times as appropriate;

(3) Participation in professional development opportunities and the application of concepts learned to classroom and school activities;

(4) Communication and interpersonal skills as they relate to interaction with students, parents, other teachers, administrators, and other school personnel;

(5) Timeliness and attendance for assigned responsibilities;

(6) Adherence to school and local school system procedures and rules; and

(7) Personal conduct while in performance of school duties.

(c) In making a determination of the academic gains of the students assigned to a teacher, evaluators should make every effort to have available and to utilize the results of a wide range of student achievement assessments, including those utilized by the teacher, set by the local board of education, or required under this article. It is recognized that in some instances a determination of the academic gains of the students assigned to a teacher is dependent upon student assessments which have not yet been administered at the time of the annual evaluation or, if they have been administered, the results are not yet available at the time of the annual evaluation. In such instances, the annual teacher evaluation shall be performed on the basis of information available at the time and shall be considered as the annual evaluation for the purposes of this article. As results of student assessments subsequently become available, an addendum to the annual evaluation shall be completed and become part of the teacher's cumulative evaluative record which may be used in a teacher's subsequent annual evaluations.

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(d) The superintendent of each local school system shall identify an appropriately trained evaluator for each person employed by the local unit of administration for the purposes of completing an annual evaluation as required in subsections (a) and (b) of this Code section. The evaluator shall be required to complete such annual evaluation for each certificated person prior to April 1 of each year. The superintendent of each local school system shall be responsible for ensuring compliance with this Code section.

(e) In addition to the evaluation by a trained evaluator provided for in subsection (a) of this Code section, the local school system may require each principal and assistant principal of a school to have his or her performance evaluated annually by the teachers in the school. Such evaluations by teachers shall be confidential, solicited and recorded on an anonymous basis, and made available only to the local school superintendent and the local board of education. Such evaluations shall not be subject to Article 4 of Chapter 18 of Title 50.

(f) Any teacher who removes more than two students from his or her total class enrollment in any school year under subsection (b) of Code Section 20-2-738 who are subsequently returned to the class by a placement review committee because such class is the best available alternative may be required to complete professional development to improve classroom management skills, other skills on the identification and remediation of academic and behavioral student needs, or other instructional skills as identified in a plan derived by the principal of the school in consultation with the teacher."

SECTION 33.

Said chapter is further amended in Code Section 20-2-211, relating to annual contracts for certificated professional personnel under the "Quality Basic Education Act," by striking subsections (a) and (b) and inserting in lieu thereof new subsections (a) and (b) to read as follows:

"(a) All teachers, principals, other certificated professional personnel, and other personnel of a local unit of administration shall be employed and assigned by its governing board on the recommendation of its executive officer. Minimum qualifications for employment of all personnel may be prescribed by the State Board of Education unless otherwise provided by law. Employment contracts of teachers, principals, and other certificated professional personnel shall be in writing, and such contracts shall be signed in duplicate by such personnel on their own behalf and by the executive officer of the local unit of administration on behalf of its governing board.

(b) Any other provisions of this article or any other laws to the contrary notwithstanding, each local governing board shall, by not later than April 15 of the current school year, tender a new contract for the ensuing school year to each teacher and other professional employee certificated by the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Professional Standards Commission on the payroll of the local unit of administration at the beginning of the current school year, except those who have resigned or who have been terminated as provided in Part 7 of Article 17 of this chapter, or shall notify in writing each such teacher or other certificated professional employee of the intention of not renewing his or her contract for the ensuing school year. Upon request, a written explanation for failure to renew such contract shall be made available to such certificated personnel by the executive officer. When such notice of intended termination has not been given by April 15, the employment of such teacher or other certificated professional employee shall be continued for the ensuing school year unless the teacher or certificated professional employee elects not to accept such employment by notifying the local governing board or executive officer in writing not later than May 1."
SECTION 34.
Said chapter is further amended in Code Section 20-2-211, relating to annual contracts for certificated professional personnel under the "Quality Basic Education Act," by striking subsection (e) and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) (1) All personnel employed by a local unit of administration after July 1, 2000, whether or not such personnel hold certificates from the Professional Standards Commission, shall be fingerprinted and have a criminal record check made as required by this subsection. The local unit of administration shall have the authority to employ a person holding such a certificate under a provisional or temporary contract for a maximum of 200 days and to employ a person who does not hold such a certificate for a maximum of 200 days, in order to allow for the receipt of the results of the criminal record check. Teachers, principals, and other certificated personnel whose employment in a local unit of administration is renewed pursuant to this subpart after July 1, 2000, shall have a criminal record check made as required by this subsection upon any certificate renewal application to the Professional Standards Commission. The local unit of administration shall adopt policies to provide for the subsequent criminal record checks of noncertificated personnel continued in employment in the local unit of administration.
(2) Fingerprints shall be in such form and of such quality as shall be acceptable for submission to the National Crime Information Center under standards adopted by the Federal Bureau of Investigation or the United States Department of Justice. It shall be the duty of each law enforcement agency in this state to fingerprint those persons required to be fingerprinted by this subsection.

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(3) At the discretion of local units of administration, fees required for a criminal record check by the Georgia Crime Information Center, the National Crime Information Center, the Federal Bureau of Investigation, or the United States Department of Justice shall be paid by the local unit of administration or by the individual seeking employment or making application to the Professional Standards Commission.

(4) It shall be the duty of the State Board of Education to submit this subsection to the Georgia Bureau of Investigation for submission to the Federal Bureau of Investigation and the United States Department of Justice for their consent to conduct criminal record checks through the National Crime Information Center as required by federal law, rules, or regulations. No criminal record checks through the National Crime Information Center shall be required by this subsection unless and until such consent is given.

(5) Information provided by the Georgia Crime Information Center or the National Crime Information Center shall be used only for the purposes allowed by Code Section 35-3-35 or by applicable federal laws, rules, or regulations.

(6) The State Board of Education is authorized to adopt rules and regulations necessary to carry out the provisions of this subsection."

SECTION 35.

Said chapter is further amended by striking subsection (a) of Code Section 202-212, relating to salary schedules for certificated professional personnel under the "Quality Basic Education Act," and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the Professional Standards Commission. The minimum salary schedule shall provide a minimum salary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service; and shall include such other uniformly applicable factors as the state board may find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with bachelor's degrees and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salaries of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions, excluding professional educator teaching positions, in Georgia having educational entry requirements comparable to the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

requirements for entry into Georgia public school teaching. The placement of teachers on the salary schedule shall be based on certificate level and years of creditable experience, except that a teacher shall not receive credit for any year of experience in which the teacher received an unsatisfactory performance evaluation. The General Assembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A local unit of administration shall not pay to any full-time certificated professional employee a salary less than that prescribed by the schedule of minimum salaries, except as required by this Code section; nor shall a local unit of administration pay to any part-time certificated professional employee less than a pro rata portion of the respective salary prescribed by the schedule of minimum salaries, except as required by this Code section."
SECTION 36.

Said chapter is further amended by striking subsection (b) of Code Section 202-212.2, relating to salary increases for persons receiving certification from the National Board for Professional Teaching Standards under the "Quality Basic Education Act," and inserting in lieu thereof a new subsection (b) to read as follows:

"(b) Any person who:

(1) Is currently teaching in a Georgia public school and holds a valid Georgia teaching certificate;

(2) Has completed three years of teaching in Georgia public schools prior to receiving national certification; and

(3) Has successfully completed the prerequisite portfolio of student work and examination and has received national certification

shall receive not less than a 10 percent rate increase in state salary. Such increase shall be awarded on the commencement of the school year following such national certification; provided, however, that, in the case of a person who has received such national certification prior to July 1, 2000, and is receiving or is eligible to receive a 5 percent rate increase, the 5 percent rate increase shall be changed to a 10 percent rate increase effective with the commencement of the 2000-2001 school year. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible."

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SECTION 37.

Said chapter is further amended in Subpart 2 of Part 6 of Article 6, relating to conditions of employment for certificated professional personnel under the "Quality Basic Education Act," by adding a new Code Section 20-2-212.3 to read as follows:

"20-2-212.3.

(a) The State Board of Education shall identify schools and local school systems in the state where an insufficient supply of qualified teachers is available to deliver instruction in the fields of mathematics, science, special education, or foreign language, based on criteria defined by the State Board of Education, the Professional Standards Commission, and the Office of Education Accountability. Upon determination of shortages each year, the State Board of Education shall request funds sufficient to provide for salary increases not to exceed one additional step on the state salary schedule for which the teacher would otherwise have been entitled for positions contracted for in those locations and fields during the school year. Funding shall be based on the number of eligible positions identified for the previous school year, subject to appropriation by the General Assembly. Upon receiving three such salary increases, a teacher shall become ineligible for additional salary increases under this Code section.

(b) The criteria used for assessing whether or not an insufficient supply of qualified teachers is available and the data used in making the determination that a shortage exists shall be submitted by the Office of Education Accountability to the chairpersons of the Education Committees of the House of Representatives and the Senate no later than December I of each year."

SECTION 38.

Said chapter is further amended by striking in its entirety Code Section 20-2214, relating to salary supplements under the "Quality Basic Education Act," which reads as follows:

"20-2-214.

The State Board of Education shall establish a schedule of salary supplements for administrators who have system-wide or school-wide responsibilities. Each salary supplement shall be based on the respective weighted fulltime equivalent count of the school system or school, the responsibilities associated with the respective positions, and any other factors as may be specified by the state board. The state board shall have the authority to establish salary supplements for other public education positions as deemed necessary and appropriate. The amount of funds granted annually to a local school system shall be sufficient to pay such salary supplements, subject to appropriation by the General Assembly.",

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and inserting in lieu thereof the following:

"20-2-214.

The State Board of Education shall establish a salary schedule for school principals that includes a supplement amount for each principal. The amount of the supplement shall be based on the amount appropriated by the General Assembly for this purpose each year divided by the total weighted full-time equivalent count for the state. The amount for each principal shall be determined by multiplying the amount per weighted full-time equivalent count by the weighted full-time equivalent count for each school. Local school systems shall pay this supplement to each local school principal in one separate payment each school year."

SECTION 39.
Said chapter is further amended by striking subsection (a) of Code Section 202-218, relating to the duty-free lunch period for teachers employed in grades kindergarten through five under the "Quality Basic Education Act," and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) Every teacher who is employed in grades kindergarten through five for a period of time of more than one-half of the class periods of the regular school day shall be provided a daily lunch period of not less than 30 consecutive minutes, and such employee shall not be assigned any responsibilities during this lunch period. Such lunch period shall be included in the number of hours worked, and no local board of education shall increase the number of hours to be worked by an employee as a result of such employee's being granted a lunch period under the provisions of this Code section. This duty-free lunch period shall not be calculated under any circumstances as a part of any daily planning period or other noninstructional time."

SECTION 40.

Said chapter is further amended by striking subsection (c) of Code Section 202-231, relating to the Georgia Education Leadership Academy, and inserting in lieu thereof a new subsection (c) to read as follows:

"(c) The Georgia Education Leadership Academy shall use such approaches as are necessary to ensure the active participation of public school leadership personnel and their mastery and application of essential knowledge and skills. Such approaches shall include but are not limited to, conducting seminars and workshops, awarding academic or staff development credit, and providing on-site technical assistance. Local governing boards are authorized to reimburse such administrators for actual expenses which result directly from participating in this program."

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SECTION 41.

Said chapter is further amended in Part 9 of Article 6, relating to grants for educational programs under the "Quality Basic Education Act," by adding at the end thereof a new Code section, to be designated as Code Section 20-2258, to read as follows:

"20-2-258.

The State Board of Education shall request funds sufficient to provide grants to qualified public elementary and secondary schools and local school systems, subject to appropriation by the General Assembly. The purpose of such grants shall be to encourage grant recipients to develop and implement written compacts among teachers, parents, and students. Such compacts shall be entered into voluntarily and shall describe the commitments made by the student, the student's teacher, and the student's parents to improve and enhance the student's academic achievement. Grant recipients shall ensure that a compact is offered for each class in which a student is enrolled and that students and parents are invited to a conference with the teacher, within the first 30 days after enrollment, to discuss the terms of the compact. The state board shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section."

SECTION 42.

Said chapter is further amended in Part 9 of Article 6, relating to grants for educational programs under the "Quality Basic Education Act," by adding at the end thereof a new Code section, to be designated as Code Section 20-2259, to read as follows:

"20-2-259.

The State Board of Education shall establish an extended day program for students in grades nine through 12. Subject to appropriation by the General Assembly, funding for extended day services shall be provided to local school systems through grants calculated as follows:

(1) Divide the salary amount for an administrator, as calculated on a tenmonth basis, by the base size for the high school general education program (9-12); and

(2) Multiply the amount calculated in paragraph (1) of this Code section by the sum of the full-time equivalent program count for the high school general education program (9-12) and the vocational laboratory program (9-12).

Each year the state board shall request funds sufficient to provide for the development and supervision of an extended day program during the regular school year."

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SECTION 43.

Said chapter is further amended in Code Section 20-2-260, relating to capital outlay funding under the "Quality Basic Education Act" by striking paragraph (12) of subsection (b) and subsections (c), (d), (e), and (n) and inserting in lieu thereof a new paragraph (12) of subsection (b) and new subsections (c), (d), (e), and (n) to read as follows:

"(12) 'Renovation' or 'modernization' or both refers to construction projects which consist of the installation or replacement of major building components such as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifications within an existing facility, but excluding routine maintenance and repair items or operations."

"(c) The State Board of Education shall adopt policies, guidelines, and standards, pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' that meet the requirements specified in this Code section. The state board's responsibilities shall include the following:

(1) To adopt policies, guidelines, and standards for the annual physical facility and real property inventory required of each local school system. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction and design; size, number, and type of construction space; amount of instructional space in permanent and temporary buildings; designations for each instructional space in permanent and temporary buildings occupied by designated state approved instructional programs, federal programs, or local programs not required by the state; local property assessment for bond purposes; outstanding school bonds and annual debt service; and buildings and facilities not in use or rented or leased to individuals or other agencies of government, or used for other than instructional programs required by this article, each identified by its current use. Department of Education staff shall annually review, certify the accuracy of, and approve each local school system's inventory;

(2) To adopt policies, guidelines, and standards for the educational facilities survey required of local school systems. The educational facilities survey shall be initiated by written request of a local board of education. The request may suggest the number of teams and the individuals constituting such teams to participate in the survey. However, it shall be the responsibility of the Department of Education to constitute the makeup of the necessary teams. Said teams shall exclude local residents; employees of the local board of education, the servicing regional educational services agency, and other educational centers and agencies servicing the local board; and individuals deemed unacceptable by the local board. The

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state board shall establish and maintain qualification standards for participants of survey teams. Each educational facilities survey shall include, but not be limited to, an analysis of population growth and development patterns; assessment of existing instructional and support space; assessment of existing educational facilities; extent of obsolescence of facilities; and recommendations for improvements, expansion, modernization, safety, and energy retrofitting of existing educational facilities. The Department of Education staff shall review and certifY as to the accuracy of each educational facilities survey. The state board shall approve or reject the recommendations of the survey team and shall establish appeal procedures for rejected surveys;

(3) To adopt policies, guidelines, and standards for educational facilities construction plans. Local school system facilities construction plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educational facilities projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofitting; proposed construction projects for the purpose of consolidating small, inefficient educational facilities which are less than the minimum size specified in subsection (q) of this Code section; and other construction projects needed to house the instructional programs authorized by provisions of this article;

(4) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of educational facilities as may be reasonably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities; space requirements per student; number and size of classrooms; allowable construction costs based on current annual construction cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient, and economical educational facilities. The state board shall adopt policies or standards which shall allow renovation costs up to the amount of new construction of a replacement facility, provided that the renovated facility provides comparable instructional and supportive space and has an extended life comparable to that of a new facility. Except for satisfYing the most recent life safety codes, facilities which are undergoing renovation, modernization, or additions shall otherwise meet requirements applicable to them prior to renovation, modernization, or additions, provided that such additions do not increase the student capacity of the facility substantially above the capacity for which it was designed;

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(5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Human Resources, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, full-time equivalent student projection research, and educational facilities construction plans; shall reflect circumstances where rapid population growth is caused by factors not reflected in fulltime equivalent student projection research; and shall give priority to elementary school construction. In addition, the state board shall develop a consistent, systematic research approach to full-time equivalent student projections which will be used in the development of needs within each local unit. Projections shall not be confined to full-time equivalent resident students but shall be based on full-time equivalent student counts which include full-time equivalent nonresident students, whether or not such full-time equivalent nonresident students attend school pursuant to a contract between local school systems. The full-time equivalent projection shall be calculated in accordance with subsection (m) of this Code section. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local school system and shall not count toward present or future required local participation. The schedules for allowable square footage and cost per square foot shall be specified in regulations by the State Board of Education;

(6) To adopt policies, standards, and guidelines to ensure that the provi-
sions of subsections (e), (f), (g), (h), (i), U), and (k.l) of this Code sec-
tion relating to uses of state capital outlay funds, state and local share of costs, entitlements, allocation of capital outlay funds, advance funding for certain construction projects, exceptional growth construction projects, and consolidation of schools across system lines are carried out;
(7) To review and approve proposed sites and all architectural and engineering drawings and specifications on construction projects for educational facilities to ensure compliance with state standards and requirements, and inspect and approve completed construction projects financed in whole or in part with state funds, except construction projects under supervision of the Georgia State Financing and Investment Commission. The state board may designate selected local units of administration which

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have staff qualified for such purposes to act on behalf of the Department of Education in such inspections, when the project is not under the direction of the Georgia State Financing and Investment Commission;

(8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources;

(9) To provide procedures whereby local school systems may revise their educational facilities plans or the priority order of construction projects requested to reflect unforeseen changes in locally identifiable needs, which revisions shall be approved by the State Board of Education, providing that such revisions meet state and local building codes, fire marshal certification, architectural requirements, and minimum size requirements under subsection (q) of this Code section; and

(10) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of education facilities which are used as schools and that are historic landmarks and which are registered as historic landmarks with the National Register of Historic Places or the Georgia Register of Historic Places or are certified by the state historic preservation officer as eligible for such registration and the expenditure of capital outlay funds otherwise available to a school system for such purposes.

(d) In order to qualify for and receive state capital outlay funds in accordance with provisions of subsections (g) and (h) of this Code section, each local school system must meet the following conditions and requirements:

(1) Prepare and annually update the real property inventory in accordance with provisions of subsection (c) of this Code section;

(2) Complete a local educational facilities plan in accordance with provisions of subsection (c) of this Code section. Each proposed construction project shall be identified according to the purposes for capital outlay funds as provided in subsection (e) of this Code section. Each local school system shall specify the order of importance of all proposed construction projects, giving priority to elementary school construction projects. When two or more local school systems agree on the need for a consolidation project pursuant to subsection (e) of this Code section, the estimated construction cost shall be prorated to the participating local school systems and included with their identification of needs in accordance with the proportion of the number of students to be served from each local school system;

(3) Prepare and annually update the local educational facilities needs in accordance with provisions of subsection (c) of this Code section;

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(4) Complete a comprehensive educational facilities survey at least once every five years in accordance with provisions of subsection (c) of this Code section in order to formulate plans for educational facilities to house adequately the instructional program authorized by this article. Prior to initiating the survey, the local school system must file a written request with the State Board of Education that a survey be done in its behalf and recommending the individuals who will conduct it. The cost of the survey shall be paid from local funds;
(5) Submit requests for capital outlay funds to the Department of Education;

(6) Submit descriptions of proposed educational facility sites and all architectural and engineering drawings and specifications for educational facilities to the Department of Education for review and approval in accordance with provisions of subsection (c) of this Code section;
(7) Revise the local educational facilities plan and priority order of requested construction projects in accordance with provisions of subsection (c) of this Code section;
(8) Provide required local participation; and
(9) The Bryan County and Laurens County school systems shall be considered sparsity systems under Code Section 20-2-292 due to barriers which divide each of the systems for the purpose of capital outlay funding. The State Board of Education shall not apply base size criteria or require other criteria under Code Section 20-2-292 to Bryan County and Laurens County when qualifying requested construction projects under this Code section.
(e) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes:
(1) To provide construction projects needed because of increased student enrollment or exceptional growth or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof to different sites;
(2) To provide construction projects to renovate, modernize, or replace educational facilities in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments;
(3) To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof to different sites in order to house changes in the instructional

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program authorized and funded under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local school system;

(4) To provide construction projects to consolidate educational facilities which have fewer pupils than required for the minimum school population specified in subsection (q) of this Code section or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof to different sites;

(5) To provide construction projects to consolidate the total student populations in elementary, middle, or high schools across local school system lines. In such projects, there shall be no requirement to include a vocational wing as defined within the high school structure but neither shall such vocational wing be excluded for funding purposes;

(6) To reimburse local school systems for current principal payments on local indebtedness for state approved construction projects for educational facilities. No local school system may request funds for the purposes of this paragraph unless and until all construction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed; and

(7) To provide construction projects to renovate or modernize facilities which are historic landmarks and are registered as historic landmarks with the National Register of Historic Places or the Georgia Register of Historic Places or are certified by the state historic preservation officer as eligible for such registration in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments; provided, however, that local school boards shall be required to use the facility which is or is eligible to be a historic landmark as a public school. Notwithstanding any other provisions of this Code section and without regard to location or obsolescence, the state board shall allocate funds to renovate and modernize historic landmark facilities which meet the requirements of this paragraph in an amount which is the lesser of the cost of new construction to replace the historic landmark or the actual cost of such renovation and modernization; provided, however, that the renovated facility has an extended life comparable to that of a new facility; and provided, further, that the local school system shall provide the remaining necessary capital outlay funds to renovate the facility in accordance with all other requirements of this Code

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section. No lottery proceeds shall be appropriated from the Lottery for Education Account to fund any project or purpose authorized by this paragraph."
"(n) The State Board of Education shall request funds for capital outlay purposes as defined in subsections (a) through G) of this Code section for each school system and project, giving priority to elementary school construction projects where practicable. For each project, the state board shall present to the Education and Appropriations committees of the House of Representatives and the Senate of the General Assembly by object of expenditure all costs contributing to the construction project. This itemization shall include, but not be limited to, architectural fees, new construction, modification, and renovation costs for the project. Itemization for additions, modifications, and renovations shall include type of classrooms by purpose, estimated square footages, and costs for hallways, restrooms, administrative offices, lunchrooms, and media centers. Costs for new facilities shall be budgeted by the current construction cost times the total square footage required."

SECTION 44.

Said chapter is further amended in Part 11 of Article 6, relating to regional educational service agencies, by striking in its entirety Code Section 20-2-270, relating to the establishment of a state-wide network, and inserting in lieu thereof a new Code Section 20-2-270 to read as follows:

"20-2-270.

(a) 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; providing instructional programs directly to selected public school students in the state; and providing Georgia Learning Resources System services. The regional educational service agencies established by the state board may legally be referred to as 'RESA' or 'RESA's.'

(b) The State Board of Education shall establish the service area of each regional educational service agency as a geographically defined area of the state. All local school systems, Department of Technical and Adult Education facilities and institutions, and University System of Georgia facilities and institutions that are located in the designated geographical area shall be members of that regional educational service agency.

(c) Every state supported postsecondary institution shall be an active member of a regional educational service agency.

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(d) Each regional educational service agency and its employees shall be subject to or exempt from taxation in the same manner as are school systems and school system employees.

(e) All employees and volunteers of a regional educational service agency shall be immune from liability to the same extent as are employees and volunteers of a school system."

SECTION 45.

Said chapter is further amended in Part 11 of Article 6, relating to regional educational service agencies, by adding a new Code Section 20-2-270.1 to read as follows:

"20-2-270.1.

(a) Each regional educational service agency shall provide the following shared services to member local school systems:

(1) Identifying or conducting research related to educational improvements and in planning for the implementation of such improvements;

(2) Developing and implementing staff development programs with an emphasis on improving student achievement and school accountability;

(3) Developing and implementing curricula and instruction of the highest quality possible, including implementing the uniformly sequenced core curriculum adopted by the state board;

(4) Developing and implementing academic assessment and evaluation programs;

(5) Identifying and utilizing electronic technology, including computers, in an effort to improve the quality of classroom instruction as well as classroom, school, and school system management;

(6) Developing programs, resource materials, and staff development services relating to instruction on alcohol and drug abuse; and

(7) Assistance in the development and implementation of a state-wide mentoring program.

The shared services may also include assistance designed to address documented local needs pursuant to subsection (d) of Code Section 20-2-272.

(b) The state board shall make the service areas for the Georgia Learning Resources System congruous with the service areas for the RESA's. The RESA's are designated as the fiscal agents for the agency of the Georgia Learning Resources System or a local board of education as identified by the State Board of Education through an annual contract to serve as fiscal agent

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for the Georgia Learning Resources System. All member local school systems shall be provided the services of the Georgia Learning Resources System.

(c) The Psychoeducational Network for severely emotionally disturbed students shall be continued in effect. The service areas of units of the Psychoeducational Network for severely emotionally disturbed students in place on January 1, 1995, shall be continued in effect. The fiscal agent for each service area shall be as in effect on January 1, 1995, unless changed as provided in this subsection. Upon the request of a majority of the local school superintendents of the local school systems within a service area, representatives of each of the local school systems in the respective service area shall vote in the manner and at the time prescribed by the state board to determine if one of the local school systems or the regional educational service agency serving the respective service area shall serve as the fiscal agent for the respective unit of the Psychoeducational Network for the ensuing fiscal year. In the event this vote results in a change in the fiscal agent for the respective unit, the new fiscal agent shall continue in this capacity for a minimum of three fiscal years. In the event a regional educational service agency is designated as the fiscal agent for a service area, all member local school systems shall be provided the services of the Psychoeducational Network."

SECTION 46.

Said chapter is further amended by striking in its entirety Code Section 20-2271, relating to the establishment of service areas for regional educational service agencies, which reads as follows:

"20-2-271.

(a) The State Board of Education shall establish the service area of each regional educational service agency as a single geographical area that contains the entire area of several local school systems. To the extent feasible and practical, all such service areas shall be homogeneous in terms of the number of local school systems, the number of public schools, the number of students, the number of square miles within the service area, and any other factors specified by the state board; provided, however, that the service area for metropolitan Atlanta may be an exception due to the high density of students per square mile. The total number of such service areas shall be as small as possible to ensure cost effectiveness of its operation; however, the number shall be large enough to minimize excessive travel time when providing shared services within any such service area. Each local school system in this state shall be assigned to one of these service areas.

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(b) Each local board of education of a local school system which elects not to be a member of the regional educational service agency in its designated service area during the ensuing fiscal year shall approve a resolution to that effect and forward a copy of said resolution to the State Board of Education and the board of control of the regional agency by January 15. Such action shall be required annually."

and inserting in lieu thereof a new Code Section 20-2-271 to read as follows:

"20-2-271.

(a) Each regional educational service agency shall annually develop and submit to the Department of Education for approval, with a copy to the Education Coordinating Council, a regional plan for improvement of educational efficiency and cost effectiveness of its member institutions. Each plan must include the purposes and description of the services the regional educational service agency will provide to schools identified as low-performing based on the indicators adopted under Code Section 20-14-33 and to other schools.

(b) By July 1, 2002, each regional educational service agency shall introduce and provide core services for member local school systems and schools and provide core services for purchase by local school systems and schools which are not members of that regional educational service agency. These core services shall include the following:

(1) Training and assistance in teaching each subject area assessed under Code Section 20-2-281;

(2) Assistance specifically designed for any school that is rated academically failing under Code Section 20-14-33;

(3) Training and assistance to teachers, administrators, members of local boards of education, and members of local school councils on schoolbased decision making and control; and

(4) Assistance in complying with applicable state laws and rules of the State Board of Education and the Educational Coordinating Council.

Nothing in this Code section shall be construed to limit the freedom of a school system or school to purchase or refuse to purchase any core service from any regional educational service agency in this state.

(c) As part of the assistance provided by a regional educational service agency under this Code section, each regional educational service agency shall provide for the establishment of instructional care teams. Upon determining that a school under its management and control is consistently underperforming or is otherwise educationally deficient, a local board of education may request through a regional educational service agency the

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appointment of an instructional care team for that school. The instructional care team shall consist of such number of persons with such experience as a principal, teacher, or other education personnel so as to best address the needs of the school. Such instructional care team shall conduct an investigation into such aspects of instruction at the school as requested by the local board, prepare a written evaluation of such aspects of the school, and make nonbinding recommendations to the local board regarding improvements at the school. Such investigations, evaluations, and recommendations shall focus on, but not be limited to, instruction in mathematics, science, reading and other English courses, and social studies. Instructional care teams may also provide long-term and short-term follow-up assistance, such as but not limited to instruction, instructional assistance, and professional and staff development. Each regional educational service agency shall develop a registry or listing of potential instructional care team members, together with their areas of expertise, who may be available to member or nonmember local school systems for service on instructional care teams. Each regional educational service agency shall promulgate rules and regulations for the purchase of the services of an instructional care team, provided that nothing in this Code section shall prevent regional educational service agencies from entering into cooperative arrangements for the mutual exchange of such services. Subject to appropriation by the General Assembly, regional educational service agencies may be provided grants for the purpose of facilitating the development and implementation of instructional care teams.

(d) Each regional educational service agency may provide any additional service and any assistance to its member systems, as determined by the board of control. Each regional educational service agency may offer any service and form of assistance provided for in this Code section for purchase by any local school system or school in this state.
(e) Pursuant to rules and regulations developed by the Professional Standards Commission, each regional educational service agency shall develop programs for nontraditional alternative routes to state teacher certification as an alternative to traditional educator preparation, with special consideration provided to critical field shortages in its regional teaching work force.

(f) Each regional educational service agency may acquire, lease, purchase, lease purchase, or dispose of real or personal property and may incur debts for those purposes, subject to the approval of such agency's board of control. Such property shall be held in the name of the regional educational service agency."

SECTION 47.
Said chapter is further amended by striking in its entirety Code Section 20-2272, relating to regional educational service agency boards of control, and inserting in lieu thereof a new Code Section 20-2-272 to read as follows:

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"20-2-272.

(a) Each regional educational service agency shall be governed by a board of control. On and after July 1, 2000, the school superintendent of each member school system, the president or highest administrator of each member postsecondary institution, and a local public or regional library director appointed by the director of the Office of Public Library Services of the Board of Regents of the University System of Georgia shall serve as the board of control.

(b) All laws and the policies and regulations of the State Board of Education applicable to local school systems and local boards of education shall be applicable, when appropriate, to the regional educational service agencies and their boards of control unless explicitly stated otherwise in this part. No board of control shall levy or collect any taxes. No board of control shall expend or contract to expend any funds beyond the amount of funds that the board of control is legally authorized to receive and will, in fact, receive, except as otherwise provided in this part. Each board of control shall submit an annual report and an annual budget to the state board, in the manner prescribed by the state board, for review and approval.

(c) The State Board of Education shall be responsible for assuring that the activities of each regional educational service agency and its board of control established under this part conform to both the Constitution and laws of Georgia, as well as the policies and regulations of the state board.

(d) Boards of control shall determine the assistance needed by local school systems in the area served by each regional educational service agency, establish priorities from those needs, and allocate resources accordingly. Boards of control shall annually review the effectiveness and efficiency of such agencies. Boards of control shall determine the procedures and activities by which each regional educational service agency achieves locally established objectives and shall establish job descriptions, personnel qualifications, and work schedules consistent with locally established priorities and objectives.

(e) In the event the State Board of Education adopts a policy to reorganize the service areas of regional educational service agencies pursuant to Code Section 20-2-270 effective July 1 of a fiscal year, members of boards of control during the preceding fiscal year shall constitute planning boards for the respective service areas to be established the ensuing July 1. Each planning board shall have the authority to establish the location or locations of the office or offices of its regional educational service agency effective the ensuing July 1, to issue contracts with a director and other agency staff to be employed effective the ensuing fiscal year, to assess the needs of all potential member local school systems, to prepare operational plans and budgets for the ensuing fiscal year, to establish the manner by which the local share of

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the budget will be assessed to potential member local school systems, and to make any other such decisions that the state board deems necessary for an orderly transition of service areas for regional educational service agencies. Such decisions shall be adopted by these planning boards prior to December 15 of the fiscal year preceding the effective date for reorganization of the service areas. Any such planning board shall be authorized to amend, prior to April 15 of that fiscal year, any such decisions which are necessary as the result of the actions of the General Assembly during its regular session during that fiscal year."
SECTION 48.
Said chapter is further amended by striking subsection (b) of Code Section 202-273, relating to directors and staff of regional educational service agencies, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The regional educational service agency staff shall consist of those individuals authorized by the board of control to provide the instructional and support services prescribed in this part."
SECTION 49.
Said chapter is further amended in Code Section 20-2-274, relating to statewide and local program grants to regional educational service agencies, by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The state board shall be authorized to provide each regional educational service agency with a uniform state-wide needs program grant and a documented local needs program grant, subject to appropriation by the General Assembly. The uniform state-wide needs program grant shall consist of two components: the same fixed amount for each regional educational service agency; and an amount which reflects the number of local school systems, the number of schools, the number of students, and the number of square miles contained collectively within its member local school systems. Each regional educational service agency shall be required to match the uniform state-wide needs program grant with an amount of funds equal to onefourth of this grant. The uniform state-wide needs grant and its matching local funds shall be used to finance the basic administrative overhead of the regional educational service agencies and to provide the areas of assistance specified in Code Sections 20-2-270.1 and 20-2-271. The amount of funds granted to each regional educational service agency for the documented local needs program grant shall depend upon the proportion that the number of local school systems, number of schools, number of students, and number of square miles contained collectively within its member local school systems are of these respective factors state wide, as well as the adopted operational plan and the budget designed to address documented needs for assistance

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to member local school systems. Each regional educational service agency shall be required to match the documented local needs program grant with an amount of funds equal to two-thirds of that grant. The state board shall provide grants to regional educational service agencies for Georgia Learning Resources Systems or to a local school system contracted to be a fiscal agent for a Georgia Learning Resources System. Each board of control shall be authorized to adopt the manner by which each member local school system shall be assessed its share of the uniform state-wide needs program and the documented local needs program; provided, however, that member local school systems shall not be allowed to use funds received under the provisions of this article for this purpose. The state board shall grant the regional educational service agency the funds needed to provide services to all local school systems in the service area of the Georgia Learning Resources System designated as the fiscal agent or to any local school system contracted to serve as the fiscal agent for a Georgia Learning Resource System as well as the grants authorized previously by this subsection. All other financing will be based on contracts to supply service programs to member local school systems. The funds for these programs, upon a contract approval basis, may be derived from local, state, federal, or private sources."

SECTION 50.

Said chapter is further amended by striking and reserving in its entirety Code Section 20-2-280, relating to long-term strategic plans, which reads as follows:

"20-2-280.

The State Board of Education shall adopt a state-wide long-term strategic plan which is reflective of the educational programs and services and other public educational functions which need improvement state wide or in selected areas of the state and which contains the priorities and planned actions designed to address such needs. Each local school system shall develop and adopt a system-wide long-term strategic plan which is reflective of the priorities contained in the state-wide long-term strategic plan adopted by the state board and such needs for improving educational programs and services system wide or in specific schools as were identified through an indepth self-study or an evaluation by the Department of Education pursuant to Code Section 20-2-282. Each long-term state and local strategic plan shall contain a description of assessed needs, a list of planned improvements of educational programs or services designed to address the assessed needs, a list of the goals for the programs or services to be improved, a list of objectives determined from these goals, a course of action for achieving the planned improvements including an implementation timetable, an evaluation system to determine if the objectives in the plan are being attained, and such other items as the state board may deem necessary. The state board shall prescribe the method by which such strategic plans shall be submitted

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and reviewed for approval. To the extent deemed reasonable and appropriate by the state board, this Code section shall apply to regional educational service agencies."
SECTION 51.

Said chapter is further amended by striking in its entirety Code Section 20-2281, relating to the assessment of the effectiveness of educational programs under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-281 to read as follows:
"20-2-281.

(a) The State Board of Education shall adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Nationally normreferenced instruments in reading, mathematics, science, and social studies shall be administered to students in grades three, five, and eight. The State Board of Education shall review, revise, and upgrade the quality core curriculum. Following the adoption of this revised curriculum, the State Board of Education shall contract for development of criterion-referenced competency tests to measure the quality core curriculum. Such tests in English and language arts, mathematics, and reading shall be administered annually to students in grades one through eight, and such tests in science and social studies shall be administered annually to students in grades three through eight. This action shall be completed according to a schedule established by the State Board of Education. A curriculum-based assessment shall be administered in grade 11 for graduation purposes. Writing assessments shall be administered to students in grades three, five, eight, and 11. The writing assessments shall provide students and their parents with performance outcome measures resulting from the administration of such tests.

(b) The nationally normed assessments provided for in subsection (a) of this Code section shall provide students and their parents with grade equivalencies and percentile ranks which result from the administration of such tests. Criterion-referenced tests and the high school graduation test provided for in subsection (a) of this Code section shall provide for results that reflect student achievement at the individual student, classroom, school, system, and state levels. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP) and may participate in any other tests that will allow benchmarking this state's performance against national or international performance. The results of such testing shall be provided to the Governor, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board shall adopt a school readiness assessment for students entering first grade and shall administer such assessment pursuant to para-

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graph (2) of subsection (b) of Code Section 20-2-151. One of the components in the awarding of salary supplements as part of a pay for performance or related plan pursuant to Code Section 20-2-213 or other Code sections under this article may be assessments of student achievement.

(b.l) The State Board of Education shall notifY local school systems and individual schools of the results of the assessment instruments administered under this Code section at the earliest possible date determined by the state board, but not later than the beginning of the subsequent school year.

(c) The State Board of Education shall have the authority to condition the awarding of a high school diploma to a student upon achievement of satisfactory scores on instruments or tests adopted and administered by the state board pursuant to subsection (a) of this Code section. The state board is authorized and directed to adopt regulations providing that any disabled child, as defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the awarding of a high school diploma. Said regulations shall further provide for appropriate accommodations in the administration of such test. Said regulations shall further provide for the awarding of a special education diploma to any disabled student who is lawfully assigned to a special education program and who does not achieve a passing score on said test or who has not completed all of the requirements for a high school diploma but who has nevertheless completed his or her Individualized Education Program.

(d) (1) The State Board of Education shall develop or adopt alternate assessments to be administered to each student receiving special education services pursuant to Code Section 20-2-152 who does not receive instruction in the essential knowledge and skills identified in the quality core curriculum developed pursuant to Code Section 20-2-140 and for whom the assessment instruments adopted under subsection (a) of this Code section, even with allowable modifications, would not provide an appropriate measure of student achievement, as determined by the student's Individualized Education Program team. A student's Individualized Education Program may serve as an alternate assessment for that student. Students with alternate assessments shall not be counted for the state accountability purposes provided for in this article.

(2) A student's Individualized Education Program team shall determine appropriate participation in assessment and identifY necessary accommodations in accordance with the federal Individuals with Disabilities Education Act.

(e) The State Board of Education shall adopt end-of-course assessments for students in grades nine through 12 for all core subjects to be determined by the state board. For those students with an Individualized Education Program, the student's Individualized Education Program team shall determine

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appropriate participation in assessments and identifY necessary accommodations in accordance with the federal Individuals with Disabilities Education Act.
(f) Under rules adopted by the State Board of Education, the Department of Education shall release the questions and answer keys to each criterionreferenced competency test administered under subsection (a) of this Code section and each end-of-course test administered under subsection (e) of this Code section after the last time the instrument is administered for a school year. To ensure a valid bank of questions for use each year, the department is not required to release a question that is being field tested and was not used to compute the student's score on the instrument.

(g) The State Board of Education, through the Department of Education, shall administer the end-of-course assessments for core subject areas as defined by state board policy. The state board shall promulgate a schedule for the development and administration of all end-of-course tests by December 1, 2000.

(h) The Department of Education shall develop study guides for the criterion-referenced tests and end-of-course assessments administered pursuant to subsections (a) and (e) of this Code section. Each school system shall distribute the study guides to students who do not perform satisfactorily on one or more parts of an assessment instrument administered under this Code section and to the parents or guardians of such students.
(i) (1) The high school graduation test provided for in subsection (a) of this Code section shall continue in effect until all high school core subject end-of-course assessments have been developed and implemented, at which time the state board shall discontinue the test according to a schedule to be determined by the state board.
(2) The State Board of Education shall adopt rules regarding course exit requirements in regard to the implemented core subject end-of-course assessments before discontinuing the high school graduation test.
(3) Local boards of education shall have the option of allowing scores on end-of-course assessments to be counted as part of a student's grade in the course.
(j) (1) In addition to the assessment instruments adopted by the State Board of Education and administered by the Department of Education, a local school system may adopt and administer criterion-referenced or norm-referenced assessment instruments, or both, at any grade level. Such locally adopted assessment instruments may not replace the state's adopted assessment instruments for purposes of state accountability programs, except as otherwise provided in paragraph (2) of this subsection. A local school system shall be responsible for all costs and expenses in-

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curred for locally adopted assessment instruments. Students with Individualized Education Programs must be included in the locally adopted assessments or provided an alternate assessment in accordance with the federal Individuals with Disabilities Education Act.

(2) The State Board of Education shall have the authority to grant waivers until Fiscal Year 2003 to local boards of education exempting said boards from the administration of the state criterion-referenced competency tests at any or all of the subject areas and grade levels for which the local board of education implements a locally developed criterion-referenced competency test or tests based on the Quality Core Curriculum which increases the expectations for student achievement beyond that of the applicable state criterion-referenced competency test or tests and meets all other requirements of this Code section, including reliability and validity requirements, with the exception of subsection (f) of this Code section. Local boards of education with such waivers shall submit to the State Board of Education school and local school system score reports of the locally developed criterion-referenced competency tests.

(k) In adopting academic skills assessment instruments under this Code section, the State Board of Education or local school system shall ensure the security of the instruments in their preparation, administration, and scoring. Notwithstanding any other provision of law, meetings or portions of meetings held by the state board or a local board of education at which individual assessment instruments or assessment instrument items are discussed or adopted shall not be open to the public, and the assessment instruments or assessment instrument items shall be confidential.

(1) The results of individual student performance on academic skills assessment instruments administered under this Code section shall be confidential and may be released only in accordance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g.

(m) Overall student performance data shall be disaggregated by ethnicity, sex, socioeconomic status, disability, language proficiency, grade level, subject area, school, and system.

(n) Student performance data shall be made available to the public, with appropriate interpretations, by the State Board of Education, the Office of Education Accountability, and local school system. The information made available to the public shall not contain the names of individual students or teachers.

(o) Teachers in grades one through 12 shall be offered the opportunity to participate annually in a staff development program on the use of tests within the instructional program designed to improve students' academic achievement. This program shall instruct teachers on curriculum alignment

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related to tests, disaggregated student test data to identify student academic weaknesses by subtests, and other appropriate applications as determined by the State Board of Education."
SECTION 52.

Said chapter is further amended by striking in their entirety Code Section 202-282, relating to comprehensive evaluations of public schools, local systems, and regional educational service agencies, and Code Section 20-2-283, relating to corrective plans for nonstandard local units of elementary and secondary educational administration and elementary and secondary schools, which read as follows:

"20-2-282.

(a) (1) The State Board of Education shall supervise a comprehensive evaluation of each public school, local school system, and regional educational service agency at least once every five years, except as provided in paragraph (4) of this subsection or subsection (e.l) of this Code section, concerning the following functions to the extent they are deemed by the state board to be appropriate and applicable to such units:

(A) The extent to which the strategic plan has been effectively implemented;
(B) The extent to which the uniformly sequenced core curriculum adopted by the state board has been effectively implemented;

(C) The extent of compliance with state laws and state board prescribed policies, rules, regulations, standards, and criteria;
(D) The effectiveness of educational programs and services, including comparisons to student bodies which are comparable in terms of demographic characteristics;

(E) The effectiveness of annual personnel evaluation procedures and annual professional development plan procedures and the extent to which staff development programs effectively address deficiencies and other needs identified through these processes;
(F) The accuracy of student count procedures;

(G) The accuracy of fiscal procedures as they apply to implementing the state board prescribed program accounting systems and ensuring funds are expended for purposes authorized by state laws and state board policy and regulations;
(H) The extent to which public awareness and information processes comply with state law and state board adopted policies and regulations; and

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(I) Such other functions deemed necessary by the state board for a full and comprehensive evaluation of such units.

(2) Such comprehensive evaluations shall be conducted by certificated professional employees from other local units of administration, faculty members of colleges and universities, and citizens residing within the respective local units. The number and role of such individuals shall be prescribed by the state board; provided, however, that such individuals shall be coordinated by professional evaluators. The state board shall be authorized to require additional evaluations by the Department of Education.

(3) The state board shall publish in the legal organ of the county where the local school system is located the result of the comprehensive evaluations, including a summary of any deficiencies and recommendations for addressing said deficiencies. The State School Superintendent shall annually report to the Governor and the General Assembly concerning the results of all state-wide assessments of student achievement; the status of each public school, local school system, and regional educational service agency; and the progress each nonstandard unit has made toward addressing identified deficiencies. Copies of such reports shall be made available upon request. The State School Superintendent shall be authorized to require local school superintendents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operation of public education in this state. The State School Superintendent shall compile an annual report in which shall be presented a statement of the condition and amount of all funds and property appropriated for the purpose of public education, a statement of the average cost per student of instruction in the state's public schools, and a statement of the number of children of school age in the state, with as much accuracy as possible. Such report shall be kept in the State School Superintendent's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request.

(4) Any school or school system that is accredited by the Southern Association of Colleges and Schools shall be exempt from the comprehensive evaluation required by paragraph (1) of this subsection. All such accreditation reports shall be kept on file with the Department of Education in lieu of the comprehensive evaluation, including any follow-up reports. Any such school or school system that is in a probationary status shall file all corrective plans, designed in conjunction with the accrediting agency, with the Department of Education. Any school or school system that shall lose accreditation will be subject to the comprehensive evaluation specified in paragraph (1) of this subsection.

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(b) The State Board of Education is authorized to establish regional offices of the Department of Education, subject to appropriation by the General Assembly. Should the state board establish such regional offices of the Department of Education, their service areas shall be congruous with the service areas of regional educational service agencies as provided for in subsection (a) of Code Section 20-2-271 and all employees of such regional offices shall be employees of the Department of Education.
(c) The State Board of Education shall designate public schools, local school systems, and regional educational service agencies which receive satisfactory comprehensive evaluations pursuant to subsection (a) of this Code section as 'standard.' The state board shall award certificates of acknowledgment for superior performance to all such units which receive superior comprehensive evaluations relative to units having comparable student bodies, shall provide such units, excluding the regional educational service agencies, with grants appropriated by the General Assembly for this purpose pursuant to the provisions for achievement grants in Code Section 20-2-253, and shall designate such units as 'exemplary.' The state board shall designate all such units which receive unsatisfactory comprehensive evaluations relative to comparable units as 'nonstandard.' The state board shall adopt such criteria as necessary to determine the status of each unit under the comprehensive evaluation process.

(d) Each local school system shall annually inform the citizens residing within its area and the State Superintendent of Schools concerning the collective achievement of enrolled students by school and system, costs of providing educational programs and services by system, and such other items as deemed necessary by the State Board of Education in the manner prescribed by the state board. The state board shall publish annual profiles of all public schools and local school systems in the state. A subcommittee of the task force established pursuant to subsection (a) of Code Section 20-2320 made up of six members, one each representing the Governor's office, the House Research Office, the Senate Research Office, the Office of Planning and Budget, local school systems, and the Department of Education, shall recommend information to be included in the profiles. Such recommendations shall be submitted by the task force to the state board. Profiles shall include, but shall not be limited to, information on: student achievement, which may include information related to test results, failure rates, and achievement of special honors or awards; student outcomes, which may include dropout rates and numbers, postsecondary enrollment rates, and participation in developmental studies programs; demographic factors in the student body, public school, and local school system, which may include socioeconomic or other appropriate demographic variables; financial and budget statistics, which may include costs per student, expenditures by program, and public school and local school system percentages of federal,

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state, and local funding, and aggregate and average salary information; faculty, administration, and employees, which may include faculty and administrator qualifications, assignments, experience, and certification; and curriculum and program offerings, which may include information on enrollment in grades, grade levels, courses, schools, and programs. The state board shall publish the profiles in such a manner as to facilitate comparisons between demographically similar public schools and local school systems. The first profiles shall be published no later than December 31, 1989, and annually thereafter, subject to appropriation by the General Assembly for this purpose. Data used in the profiles shall be collected through the state-wide comprehensive educational information network established pursuant to Code Section 20-2-320; provided, however, that prior to completion of the network the state board shall have the authority to specify data items which are to be collected by other means. The state board shall ensure that this information is as accurate as possible. The task force subcommittee shall recommend data which are, at minimum, to be included in the profiles prior to completion of the network. In no event shall the state board require data to be collected for the sole purpose of the profiles created under this Code section prior to the completion of the state-wide comprehensive educational information network. The State School Superintendent shall also produce a state profile which shall be a summary of the local school system profiles and a comparison of demographically similar public schools and local school systems. All profiles shall be kept at the Department of Education and shall be available for public inspection during regular business hours. Copies of the profiles or portions thereof shall be made available by the Department of Education to the public on request, subject to payment of an appropriate fee to cover the expense of publishing and distributing the profiles. The state board shall provide free of charge to each local school system and each public school within the system a current copy of the state profile and the system's profile, including all school profiles within that system. A complete current set of the state profile and all school and system profiles shall be provided by the state board free of charge to each public library in the state, to the office of the Governor, and to the House and Senate research offices. Each local school system shall maintain a current copy of its system profile in the central office and in each school for public inspection and shall provide a copy of the profile to all news media organizations which publish or broadcast within its area. Each local school system shall also make copies of its school and system profiles available to the public on request, subject to payment of a fee similar to that charged by the Department of Education. Each public library shall make available for public inspection current copies of all school and system profiles.

(e) The State Board of Education shall report to the education committees of the House of Representatives and the Senate on a semiannual basis as to the progress made on the implementation of this article. The reports by the

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state board shall include any justification for problems with implementation of the Quality Basic Education Program, evaluation results, and any projected needs beyond base allocations which it anticipates will be requested through the appropriations process for local school systems to meet the intent of the General Assembly. The state board shall not include in any plan submitted to a federal agency any provision which commits future state funds beyond that which it normally receives annually through the Appropriations Act unless such plan also contains a provision which states that such initial and continuing commitment is contingent upon such funds being appropriated by the General Assembly.

(e.l) The state board shall, subject to the requirements of subparagraph (a) (1) (D) of this Code section, establish criteria for determining whether local schools significantly exceed expectations based on performance of students in educational programs. A school's expectation shall be calculated based on the demographic characteristics of its student body, so as to allow for comparisons between schools to be made on an equitable basis. Local schools which score in the highest 30 percent of a demographic group of comparable schools will be deemed to be significantly exceeding expectations in a given year and designated 'high-achieving exempt schools.' Schools designated as high-achieving exempt schools will not be subject to comprehensive evaluations for those functions described in subparagraph (a)(l)(B), (a)(l)(C), or (a)(l)(I) of this Code section, as long as the school maintains the designation 'high-achieving exempt school.' Schools and school systems which have had a standards review within the last four years will continue on the five-year cycle as mandated by law.
(f) The State Board of Education shall prescribe such policies, procedures, and instruments as are deemed necessary for the effective implementation of this Code section. Further, the state board shall revise state standards to the extent necessary to be consistent with this article. State standards shall be evaluated in terms of level of compliance or quality.

20-2-283.
(a) Each local unit of administration which is designated to be nonstandard or which operates one or more public schools so designated shall be required to submit to the State Board of Education for its approval a corrective plan designed to address all deficiencies identified pursuant to Code Section 20-2-282. Such a corrective plan shall include a description of the actions to be taken to correct each deficiency, a designation of the resources which will be applied to these actions, the date on which each action shall be initiated and completed, the evaluation procedures to be used to assess progress, the technical assistance needed to execute the corrective plan and anticipated sources of such assistance, and such other items deemed necessary by the state board for an effective corrective plan. It shall be the duty

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of regional educational service agencies to supply member local school systems and the Department of Education to supply to all local units of administration such technical assistance that they may need and request concerning the development and implementation of these corrective plans.

(b) The State Board of Education shall review at least once every six months the progress of each nonstandard local unit of administration in implementing its state board approved corrective plan. Such a review shall continue until the corrective plan has been fully implemented or the local unit has been redesignated by the state board as a standard or exemplary unit.

(c) The State Board of Education shall conduct a comprehensive evaluation pursuant to Code Section 20-2-282 of each local unit of administration which is designated by the state board as nonstandard. This evaluation shall be conducted within two years after the state board has approved its corrective plan.

(d) In the event the State Board of Education finds that any local unit of administration is making unsatisfactory progress relative to development or implementation of a corrective plan pursuant to this Code section, the state board shall be authorized to take one or a combination of the following actions:

(1) Increase the local fair share of a local school system pursuant to Code Section 20-2-164 or the local share of a regional educational service agency pursuant to Code Section 20-2-274 by an amount deemed necessary by the state board to finance all resources and actions needed to correct identified deficiencies. Such an amount of increased local funds shall be offset by a decrease in state funds in the same amount;

(2) Require that a local unit of administration raise from local revenue sources an amount deemed necessary by the state board to finance all resources and actions needed to correct identified deficiencies. Such an amount of local revenue shall be in excess of any local funds required to be raised by the local unit of administration under other provisions of this article. If such additional local revenue is not raised by the local unit of administration by a state board specified date, the state board shall have the authority to withhold state funds in accordance with Code Section 202-243; or

(3) File a civil action in the superior court of the county wherein a local school system or regional educational service agency office is located, requesting a determination of whether any member of the local board of education or the local school superintendent or any member of the regional educational service agency board of control or regional educational service agency director has by action or inaction prevented or delayed im-

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plementation of the corrective plan. If the court finds that any such official has prevented or delayed implementation intentionally, the court may issue an order requiring the official or officials to implement the corrective plan. The court shall have the power to appoint a trustee to ensure the order of the court is carried out. Any expenses or costs incurred by the trustee in carrying out duties assigned by the court shall be paid from funds otherwise used to pay for expenses incurred by board members. If the court finds that any such official is violating the order of the court, the court may remove the official and appoint a replacement until the vacancy can be filled as provided by law. The court shall have such powers as are necessary to carry out the provisions of this subsection."

SECTION 53.

Said chapter is further amended by striking in its entirety Code Section 20-2284, relating to the Council for School Performance established under the "Quality Basic Education Act," which reads as follows:

"20-2-284.

(a) The General Assembly finds that a Council for School Performance would enhance the public's access to information concerning the performance of public schools and public school systems. Such information shall measure outcomes of the state's investment in each public school and each public school system. Such information shall also specifically describe how each public school and each public school system has utilized moneys derived from the Georgia Lottery for Education.

(b) As used in this Code section, the term 'council' means the Council for School Performance established in subsection (c) of this Code section.

(c) There is created and established a Council for School Performance composed of seven members. Six of the members shall be public members, four of whom shall be appointed by the Governor. One public member shall be appointed by the Speaker of the House of Representatives and one public member shall be appointed by the President of the Senate, neither of which members shall be a member of the General Assembly. The public members shall serve at the pleasure of the appointing authority. The State School Superintendent shall serve as the seventh member and shall have the same vote on the council as any other member.

(d) The Governor shall select a chairperson for the council from among the six public members. Four members shall constitute a quorum for the transaction of business. Members of the council shall receive no compensation for their services upon the council but shall be entitled to receive the travel allowance provided in Code Section 50-19-7 for their travel expenses when necessary in carrying out the duties of their office.

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(e) The council shall not be a part of the Department of Education but shall be an independent entity attached to the Office of Planning and Budget for administrative purposes only, as set forth in Code Section 50-4-3. The council is authorized to enter into contracts to fulfill its duties under this Code section.

(f) The Department of Education shall cooperate fully with the council. Specifically, the Department of Education is directed to collect and provide to the council information regarding individual public schools and individual public school systems which the council deems necessary to discharge its duties under this Code section.

(g) The Council for School Performance shall issue an annual report no later than December 1 of each year, commencing December 1, 1994. The report shall be an impartial evaluation of the progress made by each public school and each public school system in meeting national, state, and local educational goals. The report shall include information concerning outcomes of the state's investment in each public school and each public school system as well as a description of how each public school and each public school system utilized moneys derived from the Georgia Lottery for Education. The report shall be published in a format that can be easily understood by parents and other members of the community who are not professional educators. Copies of the report shall be provided to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and to the chairpersons of the Education Committees of the Georgia Senate and House of Representatives."

SECTION 54.

Said chapter is further amended by striking in its entirety Code Section 20-2290, relating to the organization of schools under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-290 to read as follows:

"20-2-290.

(a) The board of education of any local school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. Local school systems which have organized their schools in such a manner that facilities house grades six, seven, and eight or grades seven and eight shall qualify for the middle school program for students in grade levels so housed. A school which houses grades other than six, seven, or eight shall only be eligible if it has a full-time principal for grades seven and eight or six, seven, and eight and another full-time principal for grades above or below the middle school grades; provided, however, that such schools also meet all other provisions of this Code section. Schools with students in the sixth grade shall not be eligible for the

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middle school program if the sixth grades are not housed in middle schools which also contain both grades seven and eight. Further, two or more adjacent local school systems shall qualify for the middle school program if through their contractual arrangement they jointly meet the requirements of this Code section and the criteria and standards prescribed by the state board.
(b) Beginning with the 2001-2002 school year, local boards of education shall schedule each middle school so as to provide a minimum of five hours of instruction in language arts, mathematics, science, social studies, and such other academic subjects as the State Board of Education shall prescribe and an interdisciplinary team of academic teachers with common planning time of between 55 minutes and 85 minutes. Funds earned above the funding class size for the middle school program may be used by the local board of education to fund additional planning time above 55 minutes, provided that, for the 2000-2001 school year, such funds earned above the funding class size for the middle school program shall be expended in conjunction with state appropriation for such planning time to provide for not less than 85 minutes of planning time. Without limiting the choices, the local board shall have the authority to schedule exploratory and physical education classes for the remainder of the school day. For students not performing on grade level, as defined by the Office of Education Accountability, the additional time shall be designated for academic instruction to bring such students to grade level performance. For students performing at or above grade level, such additional time may be used to further advance the student or to instruct in other academic subjects such as foreign language. A student who is performing at or above grade level shall be allowed to take additional academic classes instead of exploratory classes if the parent or guardian of such a student requests such assignment, subject to available space. Until implementation of accountability standards by the Office of Education Accountability, for any middle school with a combined total of 65 percent scoring good or very good in the previous school year on the first administration of the state eighth grade writing assessment and at the sixtyfifth percentile or above on the Iowa Test of Basic Skills eighth grade composite score, the local board is authorized to allow for a school day of a minimum of four and one-half hours of academic instruction. Mter the implementation of the accountability standards by the Office of Education Accountability, for any middle school scoring an A or B on the absolute student achievement standard, the local board is authorized to allow for a school day of a minimum of four and one-half hours of academic instruction. Local school systems shall comply with this subsection in order to qualify for the middle grades program.

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(c) If a local school system has a combination of qualified and nonqualified schools, it shall quality for the middle school program only for those students counted in the full-time equivalent count for the middle school program in qualified middle schools."

SECTION 55.

Said chapter is further amended in Code Section 20-2-292, relating to sparsity grants and salaries of certain school superintendents under the "Quality Basic Education Act," by striking in its entirety subsection (d), which reads as follows:

"(d) The beginning salaries of school superintendents in systems less than the base size specified in Code Section 20-2-181 shall be paid in the same amount as the amount determined for salaries of school superintendents for base size systems."

SECTION 56.

Said chapter is further amended in Part 13 of Article 6, relating to the organization of schools and systems under the "Quality Basic Education Act," by adding at the end thereof a new Code Section 20-2-294 to read as follows:

"20-2-294.

(a) It is the intent of the General Assembly that students receive academic instruction in permanent classrooms where possible and, further, that students be transported to schools that are within a reasonable distance from the student's place of residence. In order to allow for hardships imposed by inadequate classroom space and excessive distances, this Code section authorizes students to receive education services outside the school district in which they reside, subject to rules promulgated by the State Board of Education.

(b) The parent or guardian of a student enrolled in a public elementary or secondary school in this state may elect to request reassignment to a public school that is located within the school district in which the student resides other than the one to which the student has been assigned by the local board of education if the school to which the student has been assigned does not have available permanent classroom space in which the student can attend classes and a school within the district in which the student resides has permanent classroom space available. At any time during the school year in which a student is assigned to nonpermanent classroom facilities for instruction, the parent or guardian of a student may apply to the local board for reassignment.

(c) If the student's place of residence is located closer to a school other than the school assigned the student by the local board of education, regardless of the school district in which the closer school is located, and the

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distance or travel time to the school to which the student has been assigned is, in the determination of the State Board of Education, excessive, and the school which the student is applying to attend is the closest available public school offering a regular program to the student's residence and has available permanent classroom space, the State Board of Education may authorize the student to attend the closer school. State Quality Basic Education Program funds, including the local five mill share, allotted to the sending school system shall be reallotted to the receiving school system in an amount correlated to the number of transferred students. A request for reassignment shall be submitted in writing to the district offices of both the district in which the student resides and the district in which the student is requesting to attend school no later than seven days following the assignment of the student to a school and notification of assignment to the student's parent or guardian. Upon assignment of nonresident students, the school system that is providing services may elect to make application to the state for funds that represent the difference between the dollar amount per full-time equivalent student represented by the state program funds received and the total dollar amount per full-time equivalent student expended by the system for a similarly enrolled student; provided, however, that local transportation costs shall not be included in the amount requested. The Department of Education shall request funds in the midterm adjustment amount sufficient to provide for these costs after the amounts submitted have been adjusted to account for students moving between the same two school systems so as to subtract the base cost, represented as the lesser of the two local school system costs per full-time equivalent student amounts, from the greater amount.
(d) The responsibility for and cost of transporting the student to a school to which the student has been assigned under this Code section shall be that of the student. Nothing in this Code section shall be construed to interfere with desegregation plans in effect or any subsequent implementation thereof. Nothing in this Code section shall be construed to alter contractual relationships between two or more school systems."
SECTION 57.
Said chapter is further amended by striking in its entirety Code Section 20-2305, relating to county and regional libraries, and inserting in lieu thereof a new Code Section 20-2-305 to read as follows:
"20-2-305.
(a) The board of regents shall annually determine and request of the General Assembly the amount of funds needed for county and regional public libraries. This request shall include, but not be limited to, funds to provide library books and materials, salaries and travel for professional librarians, capital outlay for public library construction, and maintenance and opera-

GEORGIA LAWS 2000 SESSION

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tion. The amount for library books and materials shall be not less than 35 per person. Funds for the purpose of paying the salaries of librarians allotted shall be in accordance with regulations established by the state board and the state minimum salary schedule for certificated professional personnel. Public library funds shall be apportioned to county and regional public libraries in proportion to the area and population to be served by such libraries in accordance with regulations and minimum public library requirements prescribed by the state board. All such funds shall be distributed directly to the regional or county library boards.

(b) The board of regents shall make adequate provisions for staff, supplies, services, and facilities to operate and maintain special media equipment to meet the library needs of the blind and disabled citizens of this state.

(c) The board of regents shall provide the staff, materials, equipment, and supplies to provide a book-lending and information service to all county and regional public libraries in the state and to coordinate interlibrary cooperation and interchange of materials and information among all types of libraries.

(d) The board of regents is authorized as the sole agency to receive federal funds allotted to this state for public libraries.

(e) The board of regents shall adopt policies and regulations to implement this Code section.

(f) As used in this Code section, the term 'board of regents' means the Board of Regents of the University System of Georgia."

SECTION 58.

Said chapter is further amended by striking in its entirety Code Section 20-2320, relating to a Quality Basic Education Program task force and the development of a state-wide comprehensive educational information network, which reads as follows:

"20-2-320.

(a) The Governor shall appoint a task force composed of representatives from the Department of Education, the Department of Technical and Adult Education, the office of the Governor, the Office of Planning and Budget, the Department of Audits, the Department of Administrative Services, local school systems, the Professional Standards Commission, the House Research Office, the Senate Research Office, and the Legislative Budget Office to identify the specific data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the various components of public education in Georgia. The task force is directed to identify any other data which will be required from local units of administration, public libraries, and area postsecondary voca-

706

GENERAL ACTS AND RESOLUTIONS, VOL. I

tional-technical schools for the implementation of this article and to design a state-wide comprehensive educational information network which will provide for the accurate and timely flow of information from these agencies to the state. The State Board of Education shall adopt an operational plan and data specifications for the network. Data shall include, at minimum, items specifically identified for profiles required pursuant to subsection (d) of Code Section 20-2-282. The task force shall adopt a statement recommending data which would, at minimum, be regularly collected for storage at the state network host facility and data which would be stored at local units of administration or at public schools. Data which are not normally stored by the network host shall be maintained in a manner which can be readily transmitted by electronic medium upon request from authorized educational agencies. The task force shall adopt a statement recommending the frequency by which each data component is transmitted. Such data shall be transmitted by electronic medium no later than the completion date of the network as provided in subsection (f) of this Code section.

(b) The State Board of Education shall develop and maintain an individual data record for each student enrolled in the public schools of the state. The State Board of Technical and Adult Education shall develop and maintain an individual data record for each student enrolled in the postsecondary vocational-technical schools of the state. The task force shall adopt a statement recommending the specific data to be included and recommending those elements of the individual student record which are to be normally stored at the state, local unit of administration, or school level. Specifications for adequate security of student data shall be recommended by the task force, and the State Board of Education and the State Board of Technical and Adult Education shall adopt and maintain systems of adequate security for individual student information. No student shall be identifiable by name in that portion of the record stored at the state level, and any identification number shall be encoded to prevent unauthorized use of a student's information; provided, however, that full-time equivalent student data collected pursuant to Code Section 20-2-160 shall be identifiable for audit purposes in separate files.

(c) For the purpose of this article, authorized educational agencies shall be the Department of Education; the Professional Standards Commission; the Board of Regents of the University System of Georgia; the Department of Technical and Adult Education; and the educational policy and research components of the office of the Governor, the Office of Planning and Budget, the Legislative Budget Office, the House Research Office, and the Senate Research Office. Any information collected over the state-wide comprehensive educational information network, including individual student record and individual personnel record information retrieved by the Department of Education or Department of Technical and Adult Education, shall

GEORGIA lAWS 2000 SESSION

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be accessible by authorized educational agencies, provided that any information which is planned for collection over the network but which is temporarily being collected by other means shall also be accessible by authorized educational agencies and provided, further, that adequate security provisions are employed to protect the privacy of individuals. In no case shall information be released by an authorized educational agency which would violate the privacy rights of any individual student or employee. The task force shall develop and adopt recommendations for procedures by which live data files resident on the network host shall be copied to other files and regularly updated for use by authorized educational agencies. The Department of Education and the Department of Technical and Adult Education shall adopt and implement procedures and schedules for updating such user files and shall provide warning labels where necessary to indicate data which are incomplete or unverified for accuracy. The Department of Education and the Department of Technical and Adult Education shall adopt monitoring, editing, and verifYing mechanisms necessary to assure the accuracy and completeness of data. Any information collected over the state-wide comprehensive educational information network which is not stored in an individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations and Education committees, except information otherwise prohibited by statute. Data which are included in an individual student record or individual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assembly, and agencies other than authorized educational agencies.

(d) The task force shall further develop specifications for hardware and software acquisition for administrative uses. Such specifications shall be followed by the State Board of Education, the State Board of Technical and Adult Education, local units of administration, public libraries, and area postsecondary vocational-technical schools. In local school systems, specific hardware and software shall be designated for use at the school level and shall be considered components of the fully completed network, subject to appropriation by the General Assembly for this purpose. It is declared to be the intent of this Code section that hardware and software used in the statewide comprehensive educational information network comprise a level of uniformity sufficient to enable unimpeded flow of data. The state board shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance of the network, including any funding needed for hardware and software for the Department of Education, the Department of Technical and Adult Education, local units of administration, public schools, public libraries, and area postsecondary vocational-technical schools.

708

GENERAL ACTS AND RESOLUTIONS, VOL. I

(e) The task force shall develop a timetable for implementation of the statewide comprehensive educational information network and shall submit a report semiannually to the Governor and to the House and Senate Education and Appropriations committees detailing progress toward completion of the network. The task force shall also submit its timetable and notice of all formal actions and recommendations to the State Board of Education. The state board shall address all recommendations submitted by the task force. A separate complete report on progress toward completion of the network shall be submitted semiannually, prior to January 1 and July 1, to the Governor and to the House and Senate Education and Appropriations committees by the Department of Education. This report shall identifY any differences between state board actions or policies and corresponding task force recommendations, shall provide an explanation for such differences, and shall explain any decision to take no action on a specific task force recommendation.

(f) The state-wide comprehensive educational information network shall be fully completed by July 1, 1991, subject to appropriation by the General Assembly for this purpose; provided, however, that the task force shall have the authority to specifY components which, in its judgment, cannot be completed until July 1, 1992. Only during the period prior to final completion of the network, the state board shall be authorized to specifY data which may be transmitted by tape or disk from local school systems which are capable of providing required data in such formats. During the phased implementation of the network, highest priority shall be given to the electronic transmission of complete full-time equivalent counts, the uniform budgeting and accounting system, and complete salary data for each local school system.

(g) Notwithstanding any other provision of law, the Department of Education is authorized to and shall obtain and provide to the Department of Public Safety in a form to be agreed upon between the departments enrollment, attendance, and suspension information regarding minors 15 through 17 years of age reported pursuant to Code Sections 20-2-690 and 20-2-697, to be used solely for the purposes set forth in subsection (a.1) of Code Section 40-5-22.",

and inserting in lieu thereof a new Code Section 20-2-320 to read as follows: "20-2-320.

(a) The Governor shall appoint a steering committee, which shall be named the Education Information Steering Committee, composed of representatives from the Department of Education, the Department of Technical and Adult Education, the Board of Regents of the University System of Georgia, the office of the Governor, the Office of Planning and Budget, the Department of Audits and Accounts, the Georgia Technology Authority, the Office of

GEORGIA lAWS 2000 SESSION

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School Readiness, the Professional Standards Commission, the Office of Education Accountability, the State Data and Research Center at the Georgia Institute of Technology, the Georgia Public Telecommunications Commission, the Legislative Budget Office, and local school systems. The steering committee shall identify the data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the components of public education in Georgia. The steering committee shall identify data that shall be required from local units of administration, public libraries, public colleges and universities through the Board of Regents of the University System of Georgia, pre-kindergarten programs, the Professional Standards Commission, and postsecondary technical colleges and schools for the implementation of this article. Further, the steering committee shall develop a design for a state-wide comprehensive educational information system which will provide for the accurate, seamless, and timely flow of information from local and regional education agencies, units of the University System of Georgia, and technical schools and colleges to the state. The design shall include hardware, software, data, collection methods and times, training, maintenance, communications, security of data, and installation specifications and any other relevant specifications needed for the successful implementation of this system. No student shall be identifiable by name in that portion of the pre-kindergarten through .grade 12 record stored at the state level, and any identification number shall be encoded to prevent unauthorized use of a student's information; provided, however, that full-time equivalent student data collected pursuant to Code Section 20-2-160 shall be identifiable for audit purposes in separate files. The steering committee shall present such recommendations to the Education Coordinating Council. Upon approval of the boards of the respective education agencies, the steering committee shall issue appropriate requests for proposals to implement a state-wide comprehensive educational information system, subject to appropriation by the General Assembly. The State Data and Research Center, at the direction of the Education Coordinating Council and working through the steering committee, shall initiate contracts with appropriate vendors and local units of administration for the procurement of services, purchase of hardware and software, and for any other purpose as directed by the Education Coordinating Council, consistent with appropriation by the General Assembly.

(b) The State Board of Education, the Board of Technical and Adult Education, the Board of Regents of the University System of Georgia, and the Office of School Readiness shall require an individual student record for each student enrolled which at a minimum includes the data specifications recommended by the steering committee and approved by the Education Coordinating Council. The Professional Standards Commission shall maintain an individual data record for each certificated person employed in a public school.

710

GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) For the purpose of this article, authorized educational agencies shall be the Department of Education; the Office of School Readiness; the Board of Regents of the University System of Georgia; the Department of Technical and Adult Education; the Education Coordinating Council; the Professional Standards Commission; the State Data and Research Center and units under contract to the State Data and Research Center; the Office of Education Accountability; the education policy and research components of the office of the Governor; the Office of Planning and Budget; the Legislative Budget Office; the House Research Office; and the Senate Research Office. Any information collected over the state-wide comprehensive educational information system, including individual student record and individual personnel records shall be accessible by authorized educational agencies, provided that any information which is planned for collection over the system but which is temporarily being collected by other means shall also be accessible by authorized educational agencies and provided, further, that adequate security provisions are employed to protect the privacy of individuals. All data maintained for this system shall be used for educational purposes only. In no case shall information be released by an authorized education agency which would violate the privacy rights of any individual student or employee. Any information collected over the state-wide comprehensive educational information system which is not stored in an individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations, Education, and Higher Education committees, except information otherwise prohibited by statute. Data which are included in an individual student record or individual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assembly, and agencies other than authorized educational agencies.

(d) The State Data and Research Center through the Board of Regents of the University System of Georgia shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance of the system. The State Data and Research Center shall submit quarterly reports to the Education Coordinating Council that include budgetary data reflecting expenditures related to the state-wide comprehensive educational information system.

(e) The state-wide comprehensive educational information system shall be fully completed by July 1, 2003, subject to appropriation by the General~ sembly for this purpose; provided, however, that the steering committee shall have the authority to specify components which, in its judgment, cannot be completed until July 1, 2004. During the phased implementation of the system, highest priority shall be given to the electronic transmission of complete full-time equivalent counts, the uniform budgeting and accounting system, and complete salary data for each local school system. All pre-kin-

GEORGIA LAWS 2000 SESSION

711

dergarten programs, local units of administration for grades kindergarten through 12, technical schools and colleges, public libraries, public colleges and universities, and regional educational service agencies shall provide data to the State Data and Research Center as required by their respective boards and agencies. Notwithstanding any provision of this Code section to the contrary, no local school system shall earn funds under Code Section 20-2186 for superintendents, assistant superintendents, or principals if the local unit of administration fails to comply with the provisions of this Code section.

(f) Notwithstanding any other provision of law, the State Data and Research Center is authorized to and shall obtain and provide to the Department of Public Safety, in a form to be agreed upon between the State Data and Research Center and the Department of Public Safety, enrollment, attendance, and suspension information regarding minors 15 through 17 years of age reported pursuant to Code Sections 20-2-690 and 20-2-697, to be used solely for the purposes set forth in subsection (a.1) of Code Section 40-5-22."

SECTION 59.

Said chapter is further amended in Article 7, relating to additional state aid, by striking the designation of the reserved Code Sections 20-2-330 through 202-333 and Code Section 20-2-334 as Part 1.

SECTION 60.

Said chapter is further amended by repealing in its entirety Part 2 of Article 7, relating to additional state aid to school districts where parents live or work on state property, which reads as follows:

"Part 2

20-2-350.

For any school district wherein 3 percent or more of the children in average daily attendance have parents or guardians who live or work full time on state-owned property, the State Board of Education shall, within the first 90 days of each fiscal year, make an allotment out of the funds appropriated for educational purposes in an amount and under the formula provided for in this article.

20-2-351.

In any such school district, it shall be the duty of the local school superintendent, within 30 days prior to the end of each fiscal year, to submit the following information to the State Board of Education:

712

GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) The total number of children attending the public schools, including elementary grades and high school grades, within the school district. Such total number of children shall be based on the average daily attendance of such schools;
(2) The total number of children attending such public schools whose parent or guardian lives or works full time on property owned by the state. Such total number shall be based on the average daily attendance at such school; and
(3) The total amount of taxes and appropriations received and to be received by the school district from the county or other local agencies for educational purposes for the current fiscal year.
20-2-352.
The State Board of Education shall determine an average per pupil amount by dividing the total as determined by paragraph (3) of Code Section 20-2351 by the total as determined by paragraph (1) of Code Section 20-2-351.
20-2-353.
The State Board of Education shall, after making the determination as required by Code Section 20-2-352, make an allotment to the school district for which such determination was made in an amount equal to 50 percent of the amount determined by multiplying the amount determined by Code Section 20-2-352 by the amount determined by paragraph (2) of Code Section 20-2-351.
20-2-354.
The information required by Code Section 20-2-351 may be verified by the State Board of Education. In the event the state board determines that the information is not accurate, the funds allotted by this article shall be increased or decreased as found by its determination; and in the event the funds allotted by this article have been paid to the school district involved, the state board shall, if its determination should show an overpayment, deduct the overpayment from any allotment made to the school district involved from any funds allotted to the school district from state appropriations.
20-2-355.
The funds appropriated by virtue of this article shall be in addition to any and all other funds or appropriations allotted to the school districts for educational purposes, and the funds or appropriations allotted by this article shall in no way be construed as to reduce any other funds or appropriations for which the school districts may be entitled by virtue of any existing or future law; provided, however, if the annual income of the state for any fiscal

GEORGIA LAWS 2000 SESSION

713

year shall fail to be sufficient to pay fully the entire appropriations made by the appropriations Act, the funds appropriated by this article shall be reduced in a proportionate ratio to all other funds appropriated by the General Assembly.

20-2-356.

The State Board of Education shall have the power and authority to make such rules and regulations and to require such additional information as may be necessary for the proper administration of this article."

SECTION 61.

Said chapter is further amended by repealing in its entirety Part 3 of Article 7, relating to additional state aid to local school systems to compensate for loss of revenue from financial institutions, which reads as follows:

"Part 3

20-2-360.

The General Assembly recognizes that there exist serious areas of concern with respect to the method of taxation of financial institutions by the State of Georgia and that legislation to address these areas of concern may be enacted at the 1983 session or a future session of the General Assembly. The General Assembly further recognizes that if such legislation is enacted it may deprive local school systems of a revenue source and may provide an additional source of state revenue. The General Assembly therefore declares that the purpose of this part is to authorize a program of grants of state funds to local school systems, for which program state funds may be appropriated to alleviate financial burdens which may be imposed upon local school systems by any legislation affecting taxation of financial institutions.

20-2-361.

(a) There may be allotted annually to each local school system in the state for educational purposes, in addition to funds provided pursuant to other laws, certain grants as provided in this part.

(b) In any year in which the General Assembly shall appropriate funds for grants to local school systems by line-item appropriation and with reference to this part, such grants shall be allotted to each school system pro rata according to the difference between the amount of revenue which will be derived during that year by the school system from the taxation of financial institutions under the law in effect for that year and the amount of revenue which would have been derived during that year by the school system if the method of taxation of financial institutions in effect on January 1, 1983, were still in effect.

714

GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) No funds shall be appropriated for purposes of this part unless legislation is enacted which changes the method of taxation of financial institutions in effect on January 1, 1983.
20-2-362.

In any year in which funds are appropriated for purposes of this part, the State Board of Education shall determine what percentage of the total appropriation shall be allotted to each local school system under subsection (b) of Code Section 20-2-361. The state revenue commissioner shall provide to the State Board of Education any technical assistance necessary for purposes of determining such allotments."
SECTION 62.

Said chapter is further amended by striking subsection (a) of Code Section 202-690.1, relating to mandatory education for children between ages seven and 16, and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) Every parent, guardian, or other person residing within this state having control or charge of any child or children between their sixth and sixteenth birthdays 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 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 under such penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless the child's failure to enroll and attend is caused by the child's parent, guardian, or other person, in ~hich case the parent, guardian, or other person alone shall be responsible; provided, however, that tests and physical exams for military service and the National Guard and such other approved absences shall be excused absences."

SECTION 63.

Said chapter is further amended by striking subsection (a) of Code Section 202-697, relating to cooperation of principals and teachers in public schools with visiting teachers and attendance officers, reporting, and record keeping, and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public schools in the local school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all public schools to report, in writing, to the visiting teacher or attendance officer of the local school system the names, ages, and residences of all students in attendance at their schools and classes within 30 days after the be-

GEORGIA lAWS 2000 SESSION

715

ginning of the school term or terms and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All public schools shall keep daily records of attendance, verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Any such attendance records and reports which identify students by name shall be used only for the purpose of providing necessary attendance information required by the state board or by law, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.1) of Code Section 40-5-22. Such attendance records shall also be maintained in a format which does not identify students by name, and in this format shall be a part of the data collected for the student record component of the state-wide comprehensive educational information system pursuant to subsection (b) of Code Section 20-2-320."

SECTION 64.

Said chapter is further amended in Code Section 20-2-735, relating to the adoption of policies to improve the student learning environment by local boards of education, by striking subsection (f) and inserting in lieu thereof a new subsection (f) to read as follows:

"(f) It is the policy of this state that it is preferable to reassign disruptive students to alternative educational settings rather than to suspend or expel such students from school."

SECTION 65.

Said chapter is further amended in Code Section 20-2-738, relating to the authority of a teacher over the classroom and procedures following the removal of a student from a classroom, by striking subsection (e) and inserting in lieu thereof a new subsection (e) to read as follows:

"(e) (1) If a placement review committee decides to return a student to a class from which he or she was removed, the principal or the principal's designee shall implement such decision of the placement review committee. In addition, the principal or the principal's designee may, consistent with any applicable procedural requirements of the Constitutions of the United States and this state and after considering the use of any appropriate student support services, take any of the following actions which are authorized as a response to the alleged violation of the student code of conduct by local board policies adopted pursuant to Code Section 20-2735:

(A) Place the student in an alternative education program;

716

GENERAL ACTS AND RESOLUTIONS, VOL. I

(B) Impose out-of-school suspension for not more than ten school days, including any time during which the student was subject to out-ofschool suspension after his or her removal from class pursuant to subsection (b) of this Code section; or
(C) Make another disciplinary decision or recommendation consistent with local board policy.
(2) If a placement review committee decides not to return a student to a class from which he or she was removed, the principal or the principal's designee shall implement such decision of the placement review committee. In addition, the principal or the principal's designee shall determine an appropriate placement for the student and may take action to discipline the student, in a manner consistent with any applicable procedural requirements of the Constitutions of the United States and this state and after considering the use of any appropriate student support services, as follows, provided that the placement or disciplinary action is authorized as a response to the alleged violation of the student code of conduct by local board policies adopted pursuant to Code Section 20-2-735:
(A) Place the student into another appropriate classroom or an alternative education program;
(B) Impose out-of-school suspension for not more than ten school days, including any time during which the student was subject to out-ofschool suspension after his or her removal from class pursuant to subsection (b) of this Code section;
(C) Make another placement or disciplinary decision or recommendation consistent with local board policy; or
(D) Implement or recommend any appropriate combination of the above and return the student to the class from which he or she was removed upon the completion of any disciplinary or placement action taken pursuant to this paragraph."
SECTION 66.
Said chapter is further amended in Code Section 20-2-768, relating to the expulsion or suspension of students for felonies, by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) It is the policy of this state that it is preferable to reassign disruptive students to alternative educational settings rather than to suspend or expel such students from school."

GEORGIA LAWS 2000 SESSION

717

SECTION 67.

Said chapter is further amended in Subpart 3 of Part 2 of Article 16, relating to chronic disciplinary problem students, by striking in their entirety Code Sections 20-2-765 and 20-2-766 and inserting in lieu thereof new Code Sections 202-765 and 20-2-766 to read as follows:

"20-2-765.

Any time a teacher or principal identifies a student as a chronic disciplinary problem student, the principal shall notify by telephone call and by either certified mail with return receipt requested or first-class mail the student's parent or guardian of the disciplinary problem, invite such parent or guardian to observe the student in a classroom situation, and request at least one parent or guardian to attend a conference with the principal or the teacher or both to devise a disciplinary and behavioral correction plan.

20-2-766.

Before any chronic disciplinary problem student is permitted to return from an expulsion or suspension, the school to which the student is to be readmitted shall request by telephone call and by either certified mail with return receipt requested or first-class mail at least one parent or guardian to schedule and attend a conference with the principal or his or her designee to devise a disciplinary and behavioral correction plan. Failure of the parent or guardian to attend shall not preclude the student from being readmitted to the school. At the discretion of the principal, a teacher, counselor, or other person may attend the conference. The principal shall ensure that a notation of the conference is placed in the student's permanent file."

SECTION 68.

Said chapter is further amended in Subpart 3 of Part 2 of Article 16, relating to chronic disciplinary problem students, by adding a new Code section, to be designated as Code Section 20-2-766.1, to read as follows:

"20-2-766.1.

The local board of education may, by petition to the juvenile court, proceed against a parent or guardian as provided in this Code section. 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 20-2765 or 20-2-766, the court may order the parent or guardian to attend such a conference, order 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. Mter notice and opportunity for hearing, the court may impose a fine, not to exceed $500.00, on a parent or guardian who willfully

718

GENERAL ACTS AND RESOLUTIONS, VOL. I

disobeys an order of the court entered under this Code section. The court may use its contempt and other powers specified in Code Section 15-11-62 to enforce any order entered under this Code section."

SECTION 69.

Said chapter is further amended by striking in its entirety Code Section 20-2769, relating to alternative education programs for elementary and secondary students, which reads as follows:

"20-2-769.

(a) The State Board of Education shall provide grants to local school systems for use in alternative education programs to serve students in grades 612 who violate student codes of conduct adopted by local boards of education. These alternative education programs shall provide the individualized instruction, intervention strategies, and transition to other education programs these students need to become successful students and good citizens.

(b) Local boards of education shall establish either individually or in collaboration with another school system or systems an alternative education program for the purpose of providing a separate educational program for students who violate student codes of conduct and shall apply for grants to be distributed pursuant to this Code section.
(c) The alternative education program shall provide a learning environment that includes the objectives of the quality core curriculum, and the instructional program shall enable students to make the transition back to a regular school program. Course credit shall be earned in the alternative education program in the same manner as in other education programs.

(d) The state board shall establish criteria and procedures for alternative education program grants. The amount of funds granted to any local school system shall be based upon the estimated number of students in grades 6-12 who are likely to be enrolled in the alternative education program based on eligibility criteria, consistent with this Code section, to be established by the state board.

(e) Annual progress reports for each alternative education program must be filed with the State Board of Education. These reports shall include, at a minimum, a statement of:
(1) The process by which the educational and behavioral program for each student has been determined, including preparation of disciplinary and behavioral correction plans for chronic disciplinary problem students;

(2) The process through which the educational progress of each student has been evaluated and a summary report of the results of these evaluations;

GEORGIA LAWS 2000 SESSION

719

(3) The process by which students have been returned to the regular school program and a summary report of the total number of students served and the enrollment or program completion status of each student upon withdrawal from the alternative education program; and

(4) The average daily membership and the average daily attendance records for the program.

(f) In order to be eligible to receive state funding pursuant to Code Sections 20-2-161 and 20-2-260, each local board of education shall comply with the requirements of this Code section. Nothing in this Code section shall be construed to limit the authority of a local board of education to establish or operate an alternative education program different from or in addition to the program prescribed in this Code section; provided, however, that no state funds distributed pursuant to this Code section shall be expended to operate an alternative education program which does not meet the requirements of this Code section."

SECTION 70.

Said chapter is further amended in Part 3 of Article 16, relating to the health of students, by adding a new Code section 20-2-771.1 to read as follows:

"20-2-771.1.

Each local board of education shall establish procedures to provide for the voluntary preenrollment of children at two years of age. Such procedures shall include a requirement that the parent or guardian of the child submit to the local board or to a school within the local school system a certificate of immunization which indicates compliance with age specific immunizations as provided in Code Section 20-2-771."

SECTION 71.

Said chapter is further amended in Part 3 of Article 16, relating to the health of students, by adding a new Code Section 20-2-771.2 to read as follows:

"20-2-771.2.

Each local board of education shall establish policies and procedures regarding a school health nurse program. Such school health nurse programs shall be staffed by licensed health care professionals. Each local board of education may contract or consult with health professionals knowledgeable in children's health issues to establish the standards, policies, and procedures of a school health nurse program. Such standards, policies, and procedures shall be in accordance with the restrictions set forth in Code Section 20-2-773."

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SECTION 72.

Said chapter is further amended in Code Section 20-2-942, relating to the procedure for nonrenewal after acceptance by a teacher of a school year contract for a fourth consecutive school year, by adding at the end thereof a new subsection, to be designated as subsection (d), to read as follows:

"(d) A person who first becomes a teacher on or after July 1, 2000, shall not acquire any rights under this Code section to continued employment with respect to any position as a teacher. A teacher who had acquired any rights to continued employment under this Code section prior to July 1, 2000, shall retain such rights."

SECTION 73.

Said chapter is further amended in Article 27, relating to loitering at or disrupting schools, by striking in its entirety Code Section 20-2-1183, relating to a prohibition against electronic pagers, and inserting in lieu thereof a new Code Section 20-2-1183 to read as follows:

"20-2-1183.

(a) No local board of education shall permit any pupil to carry a pocket pager or electronic communication device in school except for health or other unusual reasons approved by the board of education.

(b) Any student found in violation of the provisions of this Code section shall be subject to placement in an alternative education program."

SECTION 74.

Said chapter is further amended in Code Section 20-2-2064, relating to the approval or denial of a petition to establish a charter school, by adding at the end thereof a new subsection (d) to read as follows:

"(d) (1) The state board may grant a state charter for a special school as authorized by Article VIII, Section V, Paragraph VII of the Constitution. When a petition submitted by a charter petitioner for a charter school has been denied by a local board of education, the state board may grant such a charter if:

(A) With respect to a petition submitted by a local school, such petition has been agreed to on a secret ballot by a majority of the faculty and instructional staff of the petitioning local school, at a meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the state board;

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(B) With respect to a petition submitted by a local school, such petition has been agreed to by a majority of the parents or guardians of students enrolled at 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 state board; and

(C) With respect to a petition submitted by any charter petitioner, the state board finds that such petition meets the requirements set forth in Code Section 20-2-2063 and is in the public interest with respect to the applicability to the proposed charter school of the provisions of this title and applicable state rules, regulations, policies, and procedures.

(2) Notwithstanding the provisions of paragraph (1) of this subsection, the state board shall not grant a charter to a home study program or school, sectarian or religious school, private for profit school, private educational institution not established, operated, or governed by the State of Georgia, or an existing private school.

(3) The state board may require a local referendum of the qualified voters in all of the systems affected by a charter granted pursuant to this subsection. Such referendum shall be held at the next regularly scheduled general election or as otherwise authorized by the county or counties in which the school system is located. Such referendum shall be held for the purpose of deciding whether the local board of education shall use local bonded indebtedness and school tax levies to support such charter school and the ballot question shall be approved by the State Board of Education."

SECTION 75.

Said chapter is further amended in Code Section 20-2-2065, relating to requirements for operating and control and management of charter schools, by adding a new subsection (a.1) to read as follows:

"(a.l) A charter school shall be subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, and such provisions shall apply with respect to charter schools whose charters are granted or renewed on or after July 1, 2000."

SECTION 76.

Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended in Part 1 of Article 2, relating to the board of regents, by adding at the end thereof a new Code Section 20-3-39 to read as follows:

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"20-3-39.

(a) Effective July 1, 2000, the board of regents shall carry out all the functions and exercise all of the powers formerly held by the Department of Technical and Adult Education for the operation and management of public library services and public libraries. Subject to subsection (b) of this Code section, all persons employed by and positions authorized for the Department of Technical and Adult Education to perform these functions on June 30, 2000, shall, on July 1, 2000, be transferred to the board of regents. All office equipment, furniture, and other assets in possession of the Department of Technical and Adult Education which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the board of regents on July 1, 2000.

(b) All transfers of employees and assets provided for in subsection (a) of this Code section shall be subject to the approval of the board of regents, and such personnel or assets shall not be transferred if the board of regents determines that a specific employee or asset should remain with the transferring agency.

(c) Employees who are transferred to the board of regents pursuant to this Code section shall be subject to the employment practices and policies of the board on and after July 1, 2000, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Merit System of Personnel Administration and who are transferred to the board of regents shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 2000, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2000. Accrued annual and sick leave possessed by said employees on June 30, 2000, shall be retained by said employees as employees of the board.

(d) Funding for functions and positions transferred to the board of regents under this Code section shall be transferred as provided in Code Section 4512-90.

(e) The board of regents shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Technical and Adult Education, where applicable, which are in effect on June 30, 2000, and which relate to the functions transferred to the board. Such rules, regulations, policies, and procedures shall remain in effect until amended, repealed, superseded, or nullified by the board of regents."

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SECTION 77.

Said chapter is further amended in Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship at a public postsecondary institution, by striking subsections (d) and (e) and inserting in lieu thereof new subsections (d) and (e) to read as follows:

"(d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate degree at a public postsecondary institution shall:

(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education;

(2) Meet achievement standards by meeting the following criteria:

(A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and

(B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and

(3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree.

(e) A student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter or 30 semester hours without a HOPE scholarship. An otherwise eligible student who regains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the student has attempted 90 quarter hours or 135 quarter hours or 60 semester hours or 90 semester hours may requalify for a HOPE scholarship."

SECTION 78.

Said chapter is further amended in Code Section 20-3-519.5, relating to eligibility requirements for a HOPE grant at a branch of the Georgia Department of Technical and Adult Education, by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"(c) An eligible student may receive HOPE grants for all course work required by the institution for programs of study leading to a certificate or diploma, including remedial or developmental studies."
SECTION 79.

Said chapter is further amended in Code Section 20-3-519.7, relating to eligibility for a PROMISE teacher's scholarship, by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) To be eligible for a PROMISE teacher's scholarship, a student seeking a bachelor's degree in teacher education shall:
(1) Be admitted, enrolled, and classified as a full-time or part-time undergraduate student in a matriculated status at an eligible postsecondary institution maintaining satisfactory academic progress in accordance with the standards and practices used for federal Title IV programs by the institution at which the student is enrolled;
(2) For a student in the junior year, have earned a minimum overall cumulative 3.2 grade average in a postsecondary institution at the beginning of the first term for which scholarship aid is requested and be maintaining satisfactory academic progress in his or her course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled;

(3) For a student in the senior year, have received the PROMISE teacher's scholarship in his or her junior year, and be maintaining satisfactory academic progress in his or her course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled;

(4) Be accepted for enrollment into an approved teacher education program in Georgia leading to initial certification; and

(5) Agree to teach in a public school in Georgia at the preschool, elementary, middle, or secondary level for one academic year for each $1,500.00 in PROMISE teacher scholarship funds awarded and sign a promissory note that stipulates the cash repayment obligation incurred if the teaching service is not fulfilled."
SECTION 80.
Said chapter is further amended in Part 7 of Article 7, relating to HOPE Scholarships and Grants, by striking in its entirety Code Section 20-3-519.10, relating to the application of HOPE scholarships and HOPE grants, and inserting in lieu thereof a new Code Section 20-3-519.10 to read as follows:

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"20-3-519.10.

A HOPE scholarship and a HOPE grant may be applied only to tuition, mandatory fees, and book costs."

SECTION 81.

Said chapter is further amended in Part 7 of Article 7, relating to HOPE scholarships and grants, by adding at the end thereof a new Code Section 20-3519.12 to read as follows:

"20-3-519.12.

(a) As used in this Code section, the terms 'paraprofessional' and 'instructional aide' shall have the same meaning as provided in Code Section 20-2204.

(b) To be eligible for a PROMISE II teacher's scholarship, a student seeking a bachelor's degree in teacher education shall:

(1) Meet residency requirements by:

(A) In the case of a student attending a unit of the University System of Georgia, meeting the requirements to be eligible for in-state tuition under the policy set by the board of regents; or

(B) In the case of a student attending an eligible private postsecondary institution, being classified as a legal resident of Georgia for the purposes of a tuition equalization grant;

(2) Be employed in a public school in Georgia as a paraprofessional or instructional aide and have been employed in a public school in Georgia as a paraprofessional or instructional aide throughout the 1999-2000 school year;

(3) Be accepted for enrollment into an approved teacher education program in Georgia leading to initial certification;

(4) Not yet have obtained a baccalaureate degree; and

(5) Agree to teach in a public school in Georgia at the preschool, elementary, middle, or secondary level for one academic year for each 30 semester or 45 quarter hours completed using PROMISE II scholarship funds and sign a promissory note that stipulates the cash repayment obligation incurred if the teaching service is not fulfilled.

(c) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a PROMISE II teacher's scholarship shall not exceed the cost of tuition, approved mandatory fees, and a book allowance not to exceed

726

GENERAL ACTS AND RESOLUTIONS, VOL. I

$100.00 per quarter or $150.00 per semester for a student enrolled in a unit of the University System of Georgia and shall not exceed $3,000.00 for a student attending an eligible private postsecondary institution.
(d) A PROMISE II teacher's scholarship may be applied toward no more than 30 semester or 45 quarter hours of study.
(e) For students eligible for a PROMISE II teacher's scholarship under this Code section, no minimum number of hours of enrollment is required."
SECTION 82.
Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to vocational, technical, and adult education, is amended in Code Section 20-410, relating to the membership and officers of the State Board of Technical and Adult Education, by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There is established a State Board of Technical and Adult Education consisting of not fewer than one member from each congressional district and nine at-large members who shall be appointed by the Governor and confirmed by the Senate for five-year terms. Board members in office on June 30, 2000, shall serve out the remainder of their respective terms. Upon expiration of those terms, the Governor shall appoint seven successors to two-year terms, six successors to three-year terms, and six successors to fiveyear terms. All subsequent appointments shall be for regular five-year terms. Members shall represent business, industry, or economic development. The board shall elect from its members a chairperson, vice chairperson, and such other officers as are considered necessary, each to serve for two-year terms. Officers may be elected to succeed themselves. Members shall serve until their successors are appointed; however, in the event of a vacancy on the board because of death, resignation, or removal for any reason other than expiration of a member's term, the Governor shall fill such vacancy in the same manner as the original appointment and the person so appointed shall serve for the unexpired term of office."
SECTION 83.
Said chapter is further amended in Code Section 20-4-11, relating to the powers of the State Board of Technical and Adult Education, by striking paragraphs (8) and (9) and inserting in lieu thereof new paragraphs (8) through (11) to read as follows:
"(8) Establish a plan whereby employees of the Department of Technical and Adult Education may, through payroll deductions, make voluntary contributions to the Georgia Fund for Technical and Adult Education, Inc., provided that such plan shall:

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(A) Be consistent with the requirements of subsection (b) of Code Section 45-20-53, Code Section 45-20-54, Code Section 45-20-55, and Code Section 45-20-56; and

(B) Not interfere with the right of employees of the Department of Technical and Adult Education to make voluntary contributions to other charitable organizations pursuant to the provisions of Article 3 of Chapter 20 of Title 45;

(9) Prescribe criteria, policies, and standards deemed necessary for the effective implementation of a program financed wholly or partially from appropriations from the Lottery for Education Account and established for the purpose of providing teachers the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network. Such program shall include the expenditure of funds appropriated for such purpose to defray the costs associated with repairing and maintaining advanced electronic instructional technology;

(10) Approve a request by a postsecondary technical school or institution governed under this chapter to be named a technical college upon the approval and granting of occupational degree-granting status by the State Board of Technical and Adult Education and upon receiving accreditation by the Commission on Colleges of the Southern Association of Schools, the Council on Occupational Education, or any other appropriate accrediting agency approved by the United States Secretary of Education. The use of the name technical college shall not alter the governance of the technical school or institution as established under this chapter nor shall it abridge the authority of the Board of Regents of the University System of Georgia under the Constitution of this state; and

( 11) Submit an annual request for funding to the Office of Planning and Budget as prescribed in Code Sections 45-12-78 and 45-12-79. Such submission shall reflect a request for funds pursuant to an enrollment driven formula that reflects funds for direct instructional costs to include salaries and instructional supplies and equipment, funds for indirect support, maintenance and operation, staff and professional development, and media services. Such funding shall be subject to appropriation by the General Assembly."

SECTION 84.

Said chapter is further amended by repealing in its entirety Code Section 20-414.1, relating to the transfer of public library functions and powers from the State Board of Education and the Department of Education to the Department of Technical and Adult Education, which reads as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"20-4-14.1.

(a) Effective July 1, 1996, the Department of Technical and Adult Education shall carry out all the functions and exercise all of the powers formerly held by the State Board of Education and the Department of Education for the operation and management of public library services and public libraries. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Education to perform these functions on June 30, 1996, shall, on July 1, 1996, be transferred to the Department of Technical and Adult Education. All office equipment, furniture, and other assets in possession of the Department of Education which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the Department of Technical and Adult Education on July 1, 1996.

(b) All transfers of employees and assets provided for in subsection (a) of this Code section shall be subject to the approval of the commissioner of technical and adult education, and such personnel or assets shall not be transferred if the commissioner determines that a specific employee or asset should remain with the transferring agency.

(c) Persons who have transferred to the Department of Technical and Adult Education pursuant to subsection (a) of this Code section who are in the classified service of the state merit system at the time of the transfer may elect to remain in such classified service and be governed by the provisions thereof; provided, however, that if any such person accepts a promotion or transfers to another position, that person shall become an employee in the unclassified service.

(d) Persons who are transferred to the Department of Technical and Adult Education pursuant to subsection (a) of this Code section who are members of the Employees' Retirement System of Georgia created in Chapter 2 of Title 47 or the Teachers Retirement System of Georgia created in Chapter 3 of Title 47 can elect to continue membership in the same retirement system in which such person already is a member in accordance with applicable laws, rules, and regulations. All rights, credits, and funds in any such retirement system which are possessed by state personnel transferred by provisions of this chapter to the Department of Technical and Adult Education, or otherwise held by persons at the time of employment with the Department of Technical and Adult Education, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the Department of Technical and Adult Education, unless such persons fail to elect to continue membership in the same retirement system in which such persons already are members. Once such election is made by such personnel, the election is irrevocable during the tenure of employment

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with the Deparunent of Technical and Adult Education. Except as provided in this subsection, no employment benefit of any employee transferring to the Department of Technical and Adult Education shall be impaired.

(e) Newly hired employees of the Department of Technical and Adult Education who perform duties previously performed by the Department of Education in accordance with this Code section shall become members in a retirement system as provided in Code Section 204-25 or 20-4-26.

(f) Funding for functions and positions transferred to the Department of Technical and Adult Education under this Code section shall be transferred as provided in Code Section 45-12-90.

(g) The Department of Technical and Adult Education shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Education, where applicable, which are in effect on June 30, 1996, and which relate to the functions transferred to the department. Such rules, regulations, policies, and procedures shall remain in effect until amended, repealed, superseded, or nullified by the State Board or Department of Technical and Adult Education."

SECTION 85.

Chapter 5 of Title 20 of the Official Code of Georgia Annotated, relating to libraries, is amended by striking in its entirety Article 1, relating to state public library activities, and inserting in lieu thereof a new Article 1 to read as follows:

"ARTICLE 1

20-5-1.

It is declared to be the policy of the state, as a part of the provisions for public education, to promote the establishment of public library service throughout the state.

20-5-1.1.

As used in this article, the term 'board of regents' means the Board of Regents of the University System of Georgia.

20-5-2.

(a) The board of regents shall give aid, advice, and counsel to all libraries and to communities which may propose to establish libraries as to the best means of establishing and administering them, the selection of books, cataloging, and other details of library management and shall exercise supervision over all public libraries and endeavor to improve libraries already established. The board of regents may also conduct a book-lending and information service for the benefit of the citizens of the state, free of cost

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except postage. The board of regents is also authorized to purchase books, periodicals, and other instructional materials for such purposes. The board of regents may also employ necessary professional and clerical staff to carry on the work as stated in this Code section and may pay their necessary traveling expenses while engaged in such work.

(b) The board of regents shall have authority to accept gifts of books, money, or other property from any public or private source, including the federal government and shall have authority to perform any and all functions necessary to carry out the intention and purposes of this article.

(c) The State Library Commission is abolished, and the functions and services exercised and performed by it shall be exercised and performed by the board of regents.

(d) The collection of books, periodicals, documents, and other library materials held by the board of regents is designated as the State Library.

(e) Each department and institution within the executive branch of state government shall make a report to the director of the University of Georgia Libraries on or before December 1 of each year containing a list by title of all public documents published or issued by such department or institution during the preceding state fiscal year. The report shall also contain a statement noting the frequency of publication of each such public document. The director of the University of Georgia Libraries may disseminate copies of the lists, or such parts thereof, in such form as the director of University of Georgia Libraries, in his or her discretion, deems shall best serve the public interest. For purposes of this article, 'public documents' shall mean the books, magazines, journals, pamphlets, reports, bulletins, and other publications of any agency, department, board, bureau, commission, or other institution of the executive branch of state government but specifically shall not include the reports of the Supreme Court and the Court of Appeals, the journals of the House and the Senate, or the session laws enacted by the General Assembly and shall not include forms published by any agency, department, board, bureau, commission, or other institution of the executive branch of state government.

(f) Each department and institution within the executive branch of state government shall submit to the director of the University of Georgia Libraries at least five copies of each of the public documents which such departments and institutions publish, within one month of its date of publication, unless the director of the University of Georgia Libraries requests additional copies of any such public documents, up to a maximum of 60 copies, in which case the number of copies requested shall be submitted.

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(g) The Governor and all of the officers who are or may be required to make reports to the General Assembly shall furnish the director of the University of Georgia Libraries with at least five copies of each of such reports and additional copies upon request of the director of the University of Georgia Libraries.

(h) The Department of Administrative Services, the Georgia Correctional Industries Administration, the Board of Regents of the University System of Georgia, and any other agency of state government which prints public documents shall furnish to the director of the University of Georgia Libraries on a monthly basis a record of all public documents which have been printed or scheduled for printing by that agency during the preceding month.

(i) The director of the University of Georgia Libraries shall have the authority to supply copies of public documents to any state institution, public library, or public school in this state or to any other institution of learning which maintains a library, if such copies are available. Such copies may be furnished for a reasonable cost or free of charge or for the cost of postage or shipping, as the director of the University of Georgia Libraries deems appropriate.

U) The director of the University of Georgia Libraries shall have the authority to act as the exchange agent of this state for the purpose of a regular exchange between this state and other states of public documents. The several state departments and institutions are required to deposit with the director of the University of Georgia Libraries for that purpose up to 50 copies of each of their public documents, as may be specified by the director of the University of Georgia Libraries.

(k) The director of the University of Georgia Libraries may transfer books and other library holdings to the Department of Archives and History, the Board of Regents of the University System of Georgia, the State Law Library, or other public libraries. Books and other library holdings which are obsolete, defective, worn out, or surplus, or otherwise in the discretion of the director of the University of Georgia Libraries are not required, may be sold, destroyed, or otherwise disposed of by the director of the University of Georgia Libraries, without the need to comply with the provisions of Article 5 of Chapter 13 of Title 45 relating to the disposition of surplus state books.

(l) The director of the University of Georgia Libraries shall have the authority to employ the necessary personnel, including documents librarians and other professional personnel, to carry out the powers and duties set forth in this Code section.

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20-5-3.

In order to effectuate the purposes of this article there shall be made available to the board of regents whatever funds may be duly allocated to it by the proper authority, either by specific appropriation or otherwise as now provided by law, and the board of regents shall be authorized to disburse such funds to public libraries serving persons of all ages through legally constituted municipal library boards or to the other legally constituted local library boards as may now or hereafter be established by law. The board of regents shall use such funds for the purpose of aiding and supplementing the establishment and development of public library services.

20-54.

All public libraries in the state shall submit reports annually to the board of regents."

SECTION 86.

Said chapter is further amended by striking in its entirety Code Section 20-545, relating to directors of county and regional public library systems and their duties and responsibilities, and inserting in lieu thereof a new Code Section 20-545 to read as follows:

"20-545.

Every public library system shall have a director. Any person appointed as director of a public library system must hold at least a Grade 5 (b) Librarian's Professional Graduate Certificate, as defined by the State Board for the Certification of Librarians; provided, however, that any person who was serving as acting director of a public library system as of July 1, 1984, shall be authorized to continue to serve as director. The director shall be appointed by the board of trustees and shall be the administrative head of the library system under the direction and review of the board. The director of a library system shall have duties and responsibilities which include but are not limited to the following:
(1) To recommend for employment or termination other staff members, as necessary, in compliance with applicable laws and the availability of funds and to employ or terminate other staff members if so authorized by the library board;

(2) To attend all meetings called by the Office of Public Library Services of the Board of Regents of the University System of Georgia or send a substitute authorized by the division director;

(3) To prepare any local, state, or federal annual budgets;

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(4) To notify the board of trustees and the Office of Public Library Services of the Board of Regents of the University System of Georgia of any failure to comply with:

(A) Policies of the board;

(B) Criteria for state aid;

(C) State and federal rules and regulations; and

(D) All applicable local, state, or federal laws;

(5) To administer the total library program, including all affiliated libraries, in accordance with policies adopted by the system board of trustees; and

(6) To attend all meetings of the system board of trustees and affiliated boards of trustees or to designate a person to attend in his or her place."

SECTION 87.

Said chapter is further amended in Code Section 20-547, relating to written constitutions of county and regional public libraries, by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:

"(c) All current constitutions and bylaws must be on file in the Office of Public Library Services of the Board of Regents of the University System of Georgia, and all amendments must be filed with the division immediately upon adoption."

SECTION 88.

Said chapter is further amended by striking in its entirety Code Section 20-548, relating to the ownership of county and regional public library property, and inserting in lieu thereof a new Code Section 20-548 to read as follows:

"20-548.

(a) A clear title in fee simple to an approved site on which a library facility is to be located shall be held by either the library board of trustees or the county or municipality. Title to property used for library purposes shall be vested in the library board of trustees or in that local agency which makes the major financial contribution toward construction costs. Notwithstanding any provision in this part to the contrary, any facility, the title to which currently is held by a nonprofit organization and which is now being operated by a public library board of trustees, may continue to be operated by that library board of trustees if the operation of that facility by the board of trustees meets the standards of the Office of Public Library Services of the Board of Regents of the University System of Georgia; and the title to that facility

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GENERAL ACTS AND RESOLUTIONS, VOL. I

may remain in the hands of that nonprofit organization. When the composition of a library system is changed or when the library system is dissolved and the title is vested in the library board of trustees, the Office of Public Library Services of the Board of Regents of the University System of Georgia shall serve as mediator in determining ownership of property.

(b) Other property including, but not limited to, equipment and materials that were purchased with state, federal, or contract funds coming through the system budget shall be owned by the system board of trustees and shall be placed or transferred where it is most useful. Upon dissolution or significant structural change within the system, such property shall be divided on a pro rata basis according to the proportion of financial costs of property borne by the involved parties. The library system board of trustees shall furnish the financial and statistical information considered by the parties attempting to reach agreement. If the parties are unable to reach a mutually agreeable solution, the final decision of property ownership shall be made by the Office of Public Library Services of the Board of Regents of the University System of Georgia or its designee."
SECTION 89.

Said chapter is further amended in Code Section 20-5-51, relating to the dissolution of or withdrawal from a county or regional library system, by striking in its entirety subsection (e) and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) If the system's constitution and bylaws or participating agreement fails to describe a notice period for expulsion, the proper notice shall be sent not less than six months prior to the end of the state fiscal year. This notice must be sent to the chairperson of the county board of trustees, all funding agencies party to the participating agreement, the system library director, and the Office of Public Library Services of the Board of Regents of the University System of Georgia."
SECTION 90.
Said chapter is further amended in Article 3, relating to an interstate library compact, by striking in its entirety Code Section 20-5-60, relating to the definition of "state library agency," and inserting in lieu thereof a new Code Section 20-5-60 to read as follows:
"20-5-60.
As used in the Interstate Library Compact, 'state library agency,' with reference to this state, means the Office of Public Library Services of the Board of Regents of the University System of Georgia."

_.;;,j

GEORGIA LAWS 2000 SESSION

735

SECTION 91.

Said chapter is further amended in Article 3, relating to an interstate library compact, by striking in its entirety Code Section 20-5-64, relating to the appointment a compact administrator and deputy administrators, and inserting in lieu thereof a new Code Section 20-5-64 to read as follows:

"20-5-64.

The board of regents shall appoint an officer of this state to be the compact administrator pursuant to Article X of the compact. The board of regents shall also appoint one or more deputy compact administrators pursuant to such article."

SECTION 92.

Said chapter is further amended in Article 3, relating to an interstate library compact, by striking in its entirety Code Section 20-5-65, relating to notices of withdrawal from the compact, and inserting in lieu thereof a new Code Section 20-5-65 to read as follows:

"20-5-65.

In the event of withdrawal from the compact, the board of regents shall send and receive any notices required by Article XI (b) of the compact."

SECTION 93.

Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding at the end thereof a new chapter, to be designated as Chapter 14, to read as follows:

"CHAPTER 14 ARTICLE 1

20-14-1.

The General Assembly finds in regard to the creation of an Education Coordinating Council that said council should:

(1) Provide a forum for interagency communication regarding educational policy and programs;

(2) Provide for the effective and efficient coordination and seamlessness of public education prog,ams and components within the education system of Georgia;

(3) Prevent unnecessary duplication of services within the education system of Georgia; and

(4) Oversee and review all education accountability programs from prekindergarten through postsecondary education in Georgia.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

20-14-2.

There is created an education council to be known as the 'Education Coordinating Council' or 'council' and as used in this chapter, the term 'council' shall mean the Education Coordinating Council.

20-14-3.

(a) The council shall consist of the Governor, the State School Superintendent, the chairperson of the State Board of Education, the chancellor of the University System of Georgia, the chairperson of the Board of Regents of the University System of Georgia, the commissioner of the Department of Technical and Adult Education, the chairperson of the State Board of Technical and Adult Education, the executive secretary of the Professional Standards Commission, the chairperson of the Professional Standards Commission, and the director of the Office of School Readiness.

(b) The Governor shall be the chairperson of the council. A vice chairperson and a secretary shall be selected by the members of the council as prescribed in the council's bylaws.

(c) Meetings of the council shall be held quarterly, or more frequently, on the call of the chairperson. Meetings of the council shall be held with no less than five days public notice for regular meetings and with such notice as the bylaws may prescribe for special meetings. Each member shall be given written notice of all meetings. All meetings of the council shall be subject to the provisions of Chapter 14 of Title 50. Minutes or transcripts shall be kept of all meetings of the council and shall include a record of the votes of each member, specifying the yea or nay vote or absence of each member, on all questions and matters coming before the council. No member may abstain from a vote other than for reasons constituting disqualification to the satisfaction of a majority of a quorum of the council on a recorded vote. No member of the council shall be represented by a delegate or agent.
20-14-4.

(a) Except as otherwise provided in this part, a majority of the members of the council then in office shall constitute a quorum for the transaction of business. No vacancy on the council shall impair the right of the quorum to exercise the powers and perform the duties of the council. The vote of a majority of the members of the council present at the time of the vote, if a quorum is present at such time, shall be the act of the council unless the vote of a greater number is required by law or by the bylaws of the council.

GEORGIA LAWS 2000 SESSION

737

(b) The chairperson may designate from among the members of the council one or more committees, each consisting of two or more members of the council, which shall have and exercise such authority as the council may delegate to it under such procedures as the council may provide by resolution establishing such committee or committees.

20-14-5.

The council shall issue an annual report. Copies shall be distributed to each member of the General Assembly not later than the first Monday in December of every year, commencing December 2001. The report shall include:

(1) A summary of the council's activities, findings, recommendations, and decisions over the past year; and

(2) Such other matters as the council shall determine to include.

20-14-6.

All departments, boards, and offices represented on the council, the Office of Planning and Budget, and the Office of Education Accountability shall select and appoint such personnel as each such department, board, or office shall determine to be necessary to support the council in the performance of its duties, with the approval of the council. Such personnel shall serve at the direction of the council. Payment for all costs and salaries of such personnel shall come from funds appropriated to the respective departments, boards, and offices.

20-14-7.

The council shall have the following powers:

(1) To have a seal and alter the same at its pleasure;

(2) To adopt bylaws for its internal government and procedures;

(3) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the council or to further the public purpose for which the council is created;

(4) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof or from the state or any agency or instrumentality thereof or from any other source for any or all of the purposes specified in this article and to comply, subject to the provisions of this article, with the terms and conditions thereof;

(5) To fix and collect fees and charges for data, information, and incidental services furnished by it to any private individual or entity;

738

GENERAL ACTS AND RESOLUTIONS, VOL. I

(6) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds; and to use for its corporate purposes or redeposit or reinvest interest earned on such funds; and
(7) To promulgate rules and regulations for the purposes and pursuant to the powers enumerated in this article.
20-14-8.
The council shall have the following general powers and duties, in addition to any and all other powers enumerated in this article, any or all of which may be exercised by the council directly or by the Office of Education Accountability under the direction and supervision of the council:
(1) To foster coordination and cooperation among the chief officers of the departments, boards, and offices represented on the council;
(2) To develop a seamless and integrated public education system;
(3) To require the shared and efficient expenditures for and utilization of facilities, personnel, and other resources;
(4) To require the seamless coordination of curriculum among the departments, boards, and offices represented on the council;
(5) To require reasonable ease of transition for students among the educational institutions represented on the council;
(6) To establish and require high and necessary levels of student achievement at all levels of education;
(7) To exercise oversight of accountability systems that are within or among the departments, boards, and offices represented on the council and develop overlay accountability systems through the Office of Education Accountability;
(8) To exercise supervision and oversight over the Office of Education Accountability created in Part 2 of Article 2 of this chapter:
(9) To coordinate the activities of state, regional, and local cooperative public education agencies, offices, or councils, including, but not limited to, the state's regional educational service agencies or other such groups that may be created in addition or in their place;
(10) To ensure the availability and quality of the education work force through preparation, professional development, and nontraditional routes to employment;

GEORGIA lAWS 2000 SESSION

739

(11) To oversee the development and implementation of a comprehensive system-wide education student information system that will support the implementation of an education accountability system and improve the seamless operation of public education;

(12) To simplify rules and regulations by all departments, boards, and office represented on the council;

(13) To develop a state-wide mentoring program that enhances student achievement at all levels of public education;

(14) To establish and coordinate a school safety collaborative with representation from agencies and organizations designated by the council to improve the school climate and enhance school safety; and

(15) To mediate disputes among the Department of Education, the University System of Georgia, the Department of Technical and Adult Education, the Professional Standards Commission, the Office of School Readiness, and the Office of Education Accountability in matters regarding accountability or education system seamlessness.

20-14-9.

All state departments, agencies, boards, bureaus, commissiOns, and authorities are authorized and required to make available to the council access to records or data which are available in electronic format or, if electronic format is unavailable, in whatever format is available. The judicial and legislative branches are authorized to likewise provide such access to the council.

20-14-10.

Any decision or action by the council directing action by any department, board, or office represented on the council shall be placed on the agenda of the next regularly scheduled meeting of the governing body of the affected department, board, or office for immediate action. The action taken by the affected department, board, or office shall be reported to the council at the next regularly scheduled meeting of the council.

20-14-11.

(a) The Governor, as chairperson of the council, may appoint such study commissions as he or she shall deem appropriate to the purposes of this chapter to study education questions, issue findings, and make recommendations to the council. Such study commissions shall be composed of such number of residents of Georgia, with recognized interest or expertise in the field of education, as the Governor deems advisable and shall include the appointment of members of the House of Representatives, in consultation with the Speaker of the House, and members of the Senate, in consultation

740

GENERAL ACTS AND RESOLUTIONS, VOL. I

with the President of the Senate. The findings .and recommendations of such commissions shall also be reported to the Governor, all members of the General Assembly, and the public.

(b) Staff to such commissions shall be provided in the same manner as staff to the council is provided under this article. Expenses related to such personnel shall be attributed to their respective office or agency, and expenses for other commission members shall be paid through funds appropriated to the office of the Governor or in the case of members of the General Assembly through funds appropriated to the House of Representatives and the Senate.

ARTICLE 2 Part 1

20-14-20.

As used in this article, the term:

(1) 'Board of regents' means the Board of Regents of the University System of Georgia.

(2) 'Council' means the Education Coordinating Council created in Article I of this chapter.

(3) 'Director' means the director of the Office of Education Accountability.

(4) 'Early intervention program' means the program established under Code Section 20-2-153.

(5) 'Office' means the Office of Education Accountability.

Part 2

20-14-25.

(a) There is created the Office of Education Accountability.

(b) The chief administrative and executive officer of the office shall be the director, who shall be appointed by the Governor with the advice and consent of the Senate. Subject to the general policy established by the Education Coordinating Council, the director shall be responsible for the performance and exercise of the duties, responsibilities, functions, powers, and authority imposed upon the director and the office as provided by law. The director shall receive a salary to be determined by the Governor.
(c) The director shall have the authority to employ all personnel of the office, subject to the provisions of this part and all applicable provisions of other laws governing public employment.

GEORGIA LAWS 2000 SESSION

741

(d) The office may adopt a seal for its use and shall be authorized to enter into contracts to fulfill its duties under this article.

(e) The office shall be assigned for administrative purposes only, as that term is defined in Code Section 504-3, to the Office of Planning and Budget.

20-14-26.

(a) The office shall have the following powers and duties:

(1) To develop accountability systems with components that include but are not limited to expectations of student achievement, measurement of student achievement, data bases of such measurements, analysis of such data for trends in achievement, interventions, awards, the intended and efficient expenditure of allotted education funds, and public awareness of all such components;

(2) To create, develop, and recommend to the departments, boards, and offices represented on the council such additions, deletions, changes, or other modifications that will improve accountability systems that exist or may be created within or among the departments, boards, and offices represented on the council;

(3) To audit and inspect or cause to be audited or inspected for the purpose of verification, research, analysis, reporting, or for other purposes related to the performance of its powers and duties as provided in this article and for the purposes of auditing pre-kindergarten, elementary, middle grades, and secondary education, postsecondary education, and education work force programs and schools, local school systems, institutes, colleges, universities, regional educational service agencies, and other public education programs and entities as defined by the council;

(4) To assist the council in the development of a state-wide education student information system;

(5) To serve as staff to the council; and

(6) To exercise the powers and discharge duties of the council, as set forth in Code Section 20-14-8, under the supervision and oversight of the council.

(b) The member agencies of the council and other departments, boards, and offices of this state shall cooperate fully with the office and shall provide the office with all information that the council deems necessary for the office to discharge its accountability duties under this article regarding the education programs and units governed by such member agencies or other department~, boards, or offices.

742

GENERAL ACTS AND RESOLUTIONS, VOL. I

20-14-27. (a) The office shall submit the following reports to the council:

(1) An annual report regarding pre-kindergarten education shall be submitted no later than December 1 of each year, commencing December 1, 2002. The pre-kindergarten report shall be an evaluation of the progress made on performance indicators identified and defined by the office and approved by the council for all pre-kindergarten and child care programs under the administrative control of the Office of School Readiness. The pre-kindergarten report shall include information concerning results of the state's investment in each pre-kindergarten program;
(2) An annual report regarding elementary and secondary education shall be submitted no later than December 1 of each year, commencing December 1, 2001. The elementary and secondary education report shall be an evaluation of the progress made on performance indicators identified and defined by the office and approved by the council for all elementary and secondary education programs administered by the Department of Education. The elementary and secondary education report shall include information concerning results of the state's investment in each public school and each public school system;

(3) An annual report regarding postsecondary education shall be submitted no later than December 1 of each year, commencing December 1, 2002. The postsecondary education report shall be an evaluation of the progress made on performance indicators identified and defined by the office and approved by the council for all universities, colleges, institutes, and schools in the University System of Georgia and under the governance of the Department of Technical and Adult Education. The postsecondary education report shall include information concerning results of the state's investment in each university, college, institute, and school; and
(4) An annual report regarding the Georgia education work force shall be submitted no later than December 1 of each year, commencing December 1, 2002. The Georgia education work force report shall be an evaluation of the progress made on performance indicators identified and defined by the office and approved by the council for the education work force status under the administrative control of the Professional Standards Commission. The Georgia education work force report shall contain information on the results of the state's investments in teacher preparation, educators' professional development, education leadership development, in-field teaching, geographic teacher shortages, alternative routes to teacher certification, and other general information and indicators on the quality of the education work force.

GEORGIA lAWS 2000 SESSION

743

(b) Each report provided for in this Code section shall be published in a format that can be easily understood by parents and other members of the community who are not professional educators. Such reports shall be distributed to the Governor, Lieutenant Governor, the Speaker of the House of Representatives, the chairpersons of the Education and Higher Education committees of the Senate and House of Representatives, members of the General Assembly, members of the state education governing boards or commissions, and members of the council. In addition, such reports shall be posted on the website of the office.

20-14-30.

Part 3

The office shall create and implement, with the approval of the council, a state-wide grades kindergarten through 12 accountability assessment program that is performance based to ensure school accountability for the goals of improved student achievement and improved school completion.
20-14-31.

Except as otherwise provided in this article, the office shall establish the level of performance considered to be satisfactory on each assessment instrument administered under Code Section 20-2-281 by establishing the standard that should be achieved by students in each subject area at each grade level. Data and information regarding the establishment of the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.
20-14-32.

The office's state education accountability analysis and reporting program shall obtain nationally comparative results and benchmarks for the subject areas and grade levels for which criterion-referenced and nationally normed reference assessment instruments are adopted, compare Georgia results to such results, and include the findings in the reports required of the office.
20-14-33.

(a) The office shall adopt and biennially review and revise as necessary, indicators of the quality of learning by students in an individual school.

(b) The performance indicators of student achievement and school performance must be based on information that is disaggregated with respect to ethnicity, sex, disability, language proficiency, and socioeconomic status and must include:

(1) The results of assessment instruments required under Code Section 20-2-281, aggregated by grade level and subject area;

744

GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) Dropout rates for each school;

(3) Student attendance rates for each school;

(4) School completion rates for each school;

(5) The percentage of graduating students who attain scores on the Georgia high school graduation test required under Code Section 20-2-281 that are equivalent to a passing score on the test instrument until such time as the Georgia high school graduation test is discontinued as provided in Code Section 20-2-281;

(6) The percentage of graduating students who meet the course requirements established for the recommended high school program by State Board of Education rule;

(7) The percentage of students taking end-of-course assessment instruments under Code Section 20-2-281;

(8) The percentage of high school students who pass the end-of-course assessment instrument in core subjects;
(9) The results of the Scholastic Assessment Test or the ACT Assessment;

(10) The percentage of students taking alternate assessments under subsection (d) of Code Section 20-2-281;
(11) The average time that a student placed in an early intervention program remains before attaining grade level status and returning to regular status; and
(12) Any other indicator the office recommends, the council approves, and the State Board of Education adopts.
(c) Performance on the indicator shall be compared to state standards, progress on improved student achievement, and comparable performance. The state standard shall be established by the office as provided in Code Section 20-14-31. Required improvement is defined as the progress necessary for the school or local school system to meet state standards and for its students to meet exit requirements as defined by the office pursuant to Code Section 20-14-31. Comparable improvement is derived by measuring schools and local school systems against a profile developed from a total state student performance data base which exhibits substantial equivalence to the characteristics of students served by the school or system, including past academic performance, socioeconomic status, ethnicity, sex, disability, mobility, and language proficiency. Data and information regarding the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.

GEORGIA LAWS 2000 SESSION

745

(d) The office shall establish individual school ratings for each school in this state for annual academic performance on the assessment instruments required under Code Section 20-2-281, with:

(1) A school grade of A, B, C, D, or F on the established absolute student achievement standard;

(2) A school grade of A, B, C, D, or F for the school on the progress on improved student achievement; and

(3) A school performance status on other school performance indicators as defined in subsection (b) of this Code section.

(e) Annually, the office shall define exemplary, acceptable, and unacceptable performance for each academic excellence indicator included under paragraphs (2) through (12) of subsection (b) of this Code section and shall project the standards for each of those levels of performance for succeeding years. Data and information regarding the establishment of the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.

(f) Each school system shall provide all student performance data and all other student school completion and attendance data to the Department of Education's educational information system in accordance with rules and timelines established by the office.

(g) The office shall develop, the council shall approve, and the State Board of Education shall adopt a uniform definition of 'dropout.' All schools and school systems shall report student dropout information to the Department of Education's educational information system in accordance with rules and timelines established by the state board as provided in subsection (b) of Code Section 20-2-167. Each school system shall cooperate with the office in determining whether a student is a dropout under this subsection and shall adopt the uniform definition of 'dropout.' Data and information regarding the establishment of the definition and the tracking of dropout and school completion data shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.

(h) The office shall develop, the council shall approve, and the State Board of Education shall adopt a uniform definition of a 'below grade level' student for purposes of placing students in the early intervention program under Code Section 20-2-153 and for purposes of tracking these students for accountability purposes. Data and information regarding the establishment of the definition shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.

746

GENERAL ACTS AND RESOLUTIONS, VOL. I

(i) The office shall annually review the performance of each school on the indicators identified in subsection (b) of this Code section and determine whether a change in the school rating status of the school is warranted.

20-14-34.

(a) Each school year, the office shall prepare and distribute to each school system a report card for each school in the State of Georgia. The school report cards must be based on the most current data available disaggregated by student groups. School performance must be compared to:

(1) Previous school and local school system performance;

(2) Current school and local school system performance in relation to the absolute student achievement standards and progress on improved student achievement; and

(3) Comparable school group performance.

This report card on schools shall be the official state education performance report and supersedes all other reports that may be issued by departments of the state government for matters of funding, awards, and interventions.

(b) The report card shall include the following information, where applicable:

(1) The individual school grades as defined in subsection (d) of Code Section 20-14-33;

(2) The academic excellence indicators identified in paragraphs (2) through (12) of subsection (b) of Code Section 20-14-33;

(3) Teacher-student ratios; and

(4) Administrative and instructional costs per student and other financial accounting information as may be required.

(c) Each school year, the office shall prepare and distribute a state-wide report card, aggregated by school systems and disaggregated by student groups, reporting on the student performance and school completion results of each school in the state and a rating for each school based on the definitions as provided in subsection (d) of Code Section 20-14-33.
(d) The State Board of Education shall adopt rules requiring dissemination of appropriate student performance and school completion performance portions of school report cards annually to the parent, guardian, conservator, or other person having lawful control of each student at the school. On written request, the local school system shall provide a copy of a school report card to any other party. These reports shall be posted on a website at both the state and local school system level.

GEORGIA LAWS 2000 SESSION

747

20-14-35.

(a) The office may:

(1) Conduct on-site audits of any school at any time, subject to the approval of the director;

(2) Raise or lower any performance rating as a result of the audit; and

(3) Review school fund accounting information and records to determine effective and efficient expenditure of state funds as allocated.

(b) The director shall determine the frequency of on-site audits by the office according to annual comprehensive analyses of student performance and equity in relation to the academic excellence indicators and fund accounting assessments as adopted under subsection (b) of Code Section 2014-34.

(c) In making an on-site school performance audit, the auditor shall obtain information from administrators, teachers, and parents of students enrolled in the local school system. The audit may not be closed until information is obtained from each of those sources. The office shall adopt rules regarding obtaining information from parents and using that information in the auditor's report and obtaining information from teachers in a manner that prevents a school or school system from screening the information.

(d) The auditors shall report to the local board of education, the local school council, and appropriate school administrators and shall report findings and recommendations concerning any necessary improvements or intervention strategies. School audit reports shall be provided to the council and the State Board of Education.

(e) The director may authorize other school audits to be conducted under the following circumstances:

(1) When excessive numbers of absences of students eligible to be tested on state assessment instruments are determined; or

(2) When a school or school system has not provided student performance information to the Department of Education's educational information system as required under subsection (b) of Code Section 20-2-167.

20-14-36.

The office shall recommend, and the council shall adopt, written procedures for conducting on-site audits under this part. The office shall make the procedures available to the schools, school councils, local boards of education, and the public. Office staff shall be trained in audit procedures and shall follow such procedures in conducting the audit.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

20-14-37.
The Georgia schools awards system is created to recognize those schools and school systems that demonstrate progress or success in achieving the education goals of the state and achieving excellence on the office school rating system as defined in Code Section 20-14-33.
20-14-38.
(a) Financial awards will be provided to the schools that the office determines have demonstrated the greatest improvement in achieving the education goals of improved student achievement and improved school completion, subject to appropriation by the General Assembly and any limitation set by the director on the total amount that may be awarded to a school or local school system.
(b) Financial awards will be provided to each school that achieves a grade of A or B as defined in Code Section 20-14-33 for performance on either or both the absolute student achievement standard and progress on student achievement. The certificated personnel in a school that achieves the grade of A or B in either or both categories will be provided a bonus for the year the school achieved those grades of $1,000.00 for each grade of A and $500.00 for each grade of B. The maximum individual annual bonus for certificated personnel shall not exceed $2,000.00 and shall be provided subject to appropriation by the General Assembly or as otherwise may be provided. An additional financial award will be provided to each school for noncertificated personnel in the amount of $10,000.00 for each A grade for the school and $5,000.00 for each B grade for the school, provided that the total lump sum noncertificated personnel award for an individual school shall not exceed $20,000.00; provided, further, that funds for this purpose are appropriated by the General Assembly or as otherwise may be provided. The local school council of the school receiving this noncertificated personnel award shall determine the distribution of the award among such personnel of its school.
(c) The Governor may present proclamations or certificates to schools and school systems determined to have met or exceeded the state's education goals under Code Section 20-14-30.
20-14-39.
The award system may be funded by donations, grants, or appropriation by the General Assembly or as otherwise provided. The State Board of Education may solicit and receive grants and donations for the purpose of making awards under this part. Award funds may be used by the State Board of Education to pay for the costs associated with sponsoring a ceremony to recognize or present awards to schools or school systems under this part. The do-

GEORGIA LAWS 2000 SESSION

749

nations, grants, or appropriations by the General Assembly shall be accounted for and distributed by the State Board of Education. The awards are subject to audit requirements established by the office.

20-14-40.

All identifiable individual student performance data and information and reports received by the office, the Department of Education, and the State Board of Education under this part from schools or school systems shall be deemed confidential and may not be disclosed.

20-14-41.

(a) If a school has a grade of D or F on student performance for the absolute student achievement standard or on progress on improved student achievement as determined by the office, the office, in the audit report on an individual school, shall report findings and recommend appropriate levels of interventions for that school, based on a scale of increasingly severe interventions, to the State Board of Education. The State Board of Education shall prescribe the appropriate level of intervention and may include one or more of the following increasingly severe interventions:

(1) Issuing public notice of the deficiency to the local board of education;

(2) Ordering a hearing to be conducted at the school by the local board of education with the participation of the school council for the purpose of notifying the public of the unacceptable performance, the improvements in performance expected by the office, and the interventions that may be imposed under this Code section if the performance does not improve within a designated period of time and of soliciting public comment on the initial steps being taken to improve performance;

(3) Ordering the preparation of an intensive student achievement improvement plan that addresses each academic excellence indicator for which the school's performance is unacceptable, the submission of the plan to the director for approval, and implementation of the plan;

(4) Appointing a Department of Education school improvement team to:

(A) Conduct a comprehensive on-site evaluation of each low-performing school to determine the cause for the school's low performance and lack of progress that includes presentations by the chairperson of the local board of education, the school principal, a parent member of the local school council, and other school personnel;

(B) Recommend actions, including reallocation of resources and technical assistance, changes in school procedures or operations, staff development focused on student achievement for instructional and adminis-

750

GENERAL ACTS AND RESOLUTIONS, VOL. I

trative staff, intervention for individual administrators or teachers, waivers from state statutes or rules, extended instruction time for lowperforming students, smaller class size for low-performing students, or other actions the team considers appropriate;

(C) Assist in the development of an intensive school improvement plan focused on student achievement required by paragraph (3) of this subsection; and

(D) Assist the director in monitoring the progress of the school in implementing the intensive school improvement plan focused on student achievement;

(5) If a school has received a grade of D or F for a period of two consecutive years or more, appointing a school master or management team to oversee and direct the duties of the principal of the school in relation to the school until school performance improves and the school is released from intervention by the director, with the cost of the master or management team to be paid by the state; or

(6) If a school has received a grade of D or F for a period of three consecutive years or more, the State Board of Education shall implement one or more of the following interventions or sanctions, in order of severity:

(A) Removal of school personnel on recommendation of the master or the school improvement team, including the principal and personnel whose performance has continued not to produce student achievement gains over a three-year period as a condition for continued receipt of state funds for administration;

(B) Allow for the implementation of a state charter school through the designation by the State Board of Education;

(C) Mandate the complete reconstitution of the school, removing all personnel, appointing a new principal, and hiring all new staff. Existing staff may reapply for employment at the newly reconstituted school but shall not be rehired if their performance regarding student achievement has been negative for the past three years;

(D) Mandate that the parents have the option to relocate the student to other public schools in the local school system to be chosen by the parents of the student with transportation costs borne by the system; or

(E) Mandate a monitor, master, or management team in the school that shall be paid by the district.
(b) The State Board of Education shall clearly define the powers and duties of a master or management team appointed to oversee the operations of a school.

GEORGIA lAWS 2000 SESSION

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(c) A school improvement team appointed under this Code section may consist of currently employed or retired teachers, principals, other educational professionals, Department of Education school improvement employees, or local school superintendents recognized for excellence in their roles and appointed by the State Board of Education to serve as members of a team.

(d) The State Board of Education shall annually report by June 30 of each year the status of the interventions imposed on low-performing schools to the office with recommendations regarding ending, extending, or upgrading the interventions on those schools. The director shall review and respond to the report.

Part 4

20-14-50.

(a) The office shall create and the council shall adopt the rules and policies that support a postsecondary accountability assessment program that is primarily performance based.

(b) The office shall develop and the council shall adopt performance measures and indicators that provide the basis for an accountability report card annually on the University System of Georgia and the Department of Technical and Adult Education.

(c) The office and the board of regents shall identifY, define, and develop such performance indicators and measures by December 1, 2001. The first report card on universities and colleges shall be implemented and produced by the office by December 1, 2002.

(d) The office and the State Board of Technical and Adult Education shall identifY, define, and develop such performance indicators and measures by December 1, 2001. The office shall implement and produce the first report card on the department, institutes, and schools by December 1, 2002.

(e) Mter December 1, 2002, the office shall audit those postsecondary institutions, schools, colleges, or programs as necessary in implementing the education accountability system described in this part.

Part 5

20-14-60.

(a) The office, with the approval of the council, shall create and the Office of School Readiness shall adopt the rules and policies that support a pre-kindergarten accountability assessment program that is primarily performance based.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) The office shall develop and the Office of School Readiness shall adopt performance measures and indicators that provide the basis for an accountability report card annually on the Office of School Readiness.
(c) The office and the Office of School Readiness shall identify, define, and develop such performance indicators and measures by December 1, 2001. The office shall implement and produce the first report card on the Office of School Readiness and pre-kindergarten programs by December 1, 2002.
(d) Mter December 1, 2002, the office shall audit those pre-kindergarten programs as necessary in implementing the education accountability system described in this part.
Part 6
20-14-70.
(a) The office, with the approval of the council, shall create and the Professional Standards Commission shall adopt the rules and policies that support an education work force accountability assessment program that is primarily performance based.
(b) The office shall develop and recommend and the Professional Standards Commission shall adopt performance measures and indicators that provide the basis for an accountability report card annually on the Professional Standards Commission and the Georgia education work force.
(c) The office and the Professional Standards Commission shall identify, define, and develop such performance indicators and measures by December 1, 2001. The office shall implement and produce the first report card on the Professional Standards Commission and the Georgia education work force by December 1, 2002.
(d) Mter December 1, 2002, the office shall audit the education work force practicing in this state and all teacher preparation and professional development programs as necessary in implementing the education accountability system described in this part.
Part 7
20-14-80.
(a) There shall be an Education Information Steering Committee as provided in Code Section 20-2-320.
(b) The office shall provide a member to the Education Information Steering Committee to assure that all necessary data, information, and specifications are included in the development of and changes to the state-wide comprehensive educational information system for purposes of education accountability."

GEORGIA LAWS 2000 SESSION

753

SECTION 94.

Said chapter is further amended by striking in its entirety the term "comprehensive educational information network" and inserting in lieu thereof the term "comprehensive educational information system" wherever it appears in:

(1) Subsection (m) of Code Section 20-2-260, relating to capital outlay funds under the "Quality Basic Education Act"; and

(2) Subsection (a) of Code Section 20-2-697, relating to student attendance reports and records kept by public elementary and secondary schools.

SECTION 95.

Code Section 43-24-2 of the Official Code of Georgia Annotated, relating to the membership of the State Board for the Certification of Librarians, is amended by striking in their entirety subsections (a) and (c) and inserting in lieu thereof new subsections (a) and (c) to read, respectively, as follows:

"(a) The State Board for the Certification of Librarians is created, to consist of six persons as follows:

(1) Three librarians certified under this chapter, including one public librarian, one special librarian, and one other currently practicing librarian, and one person who shall be a trustee of a public library;

(2) A member to be appointed from the public at large who shall have no connection whatsoever with the library profession; and

(3) The director of public library services of the Board of Regents of the University System of Georgia."

"(c) The terms of the five members appointed pursuant to paragraphs (1) and (2) of subsection (a) of this Code section shall be five years. The term of the director of public library services of the Board of Regents of the University System of Georgia shall be coextensive with the term of office of this position."

SECTION 96.

The Official Code of Georgia Annotated is amended by striking in its entirety the term "local fair share" and inserting in lieu thereof the term "local five mill share" wherever it appears in:

(1) Subsection (a) of Code Section 20-2-133, relating to free public instruction of elementary and secondary students;

(2) Paragraph (2) of subsection (a) of Code Section 20-2-166, relating to the calculation and allotment of state funds to local school systems under the "Quality Basic Education Act";

754

GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) Paragraph (2) of subsection (a) of Code Section 20-2-187, relating to the state-wide school lunch program for elementary and secondary students;

(4) Subsections (a) and (c) of Code Section 20-2-250, relating to projects to improve effectiveness under the "Quality Basic Education Act";

(5) Subsection (b) of Code Section 20-2-252, relating to electronic technology plans and grants under the "Quality Basic Education Act";

(6) Subsection (d) of Code Section 20-2-283, relating to corrective plans for nonstandard local units of elementary and secondary school administration and elementary and secondary schools; and

(7) Subsection (m) of Code Section 48-5-7.5, relating to the assessment of standing timber for ad valorem taxation.

SECTION 97.

(a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 2000.

(b) This section, Sections 8 and 58 of this Act, and Code Section 20-14-11, as enacted by Section 93 of this Act, shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval.

SECTION 98.

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

Approved April 25, 2000.

ANIMALS - CRUELTY TO; PROTECTION AGAINST; OFFENSES; PUNISHMENTS.
Code Title 4 Amended. Code Section 16-124 Amended.
No. 686 (Senate Bill No. 297).
AN ACT
To prohibit animal abuse and the abandonment of certain animals; to provide for a short title; to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to make it unlawful to obstruct the Commissioner of Agriculture and other officials acting under said title; to provide for penalties; to provide for definitions; to provide for the appointment of animal control officers; to provide for inspection warrants; to provide procedures for the impounding of certain animals under certain circumstances; to provide for notices and hearings; to make it unlawful to abandon a domestic animal; to

GEORGIA lAWS 2000 SESSION

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provide for injunctions; to provide for reports of animal cruelty or dog fighting by veterinarians, veterinary technicians, and other persons; to provide immunity from civil or criminal actions for persons making such reports; to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to offenses against public health and morals, so as to define the offenses of cruelty to animals and aggravated cruelty to animals; to provide for definitions; to provide for penalties; to provide for exemptions; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as the "Animal Protection Act of 2000."

SECTION 2.

Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by inserting after Code Section 4-1-5 a new Code Section 4-1-6 to read as follows:

"4-1-6.

It shall be unlawful for any person to obstruct, interfere, or hinder the Commissioner, his or her designated agents and employees, an animal control officer, or a dog control officer in the lawful discharge of his or her official duties pursuant to this title. Any person convicted of a violation of this Code section shall be punished as provided in subsection (b) of Code Section 16-10-24."

SECTION 3.

Said title is further amended by striking Code Section 4-8-7, relating to penalties, and inserting in lieu thereof the following:

"4-8-7.

Except as provided in Code Sections 16-12-4 and 16-12-37, any person who violates any provision of this article shall be guilty of a misdemeanor."

SECTION 4.

Said title is further amended by striking Code Section 4-11-2, relating to definitions, and inserting in lieu thereof the following:

"4-11-2.

As used in this article, the term:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) 'Adequate food and water' means food and water which is sufficient in an amount and appropriate for the particular type of animal to prevent starvation, dehydration, or a significant risk to the animal's health from a lack of food or water.
(1.1) 'Animal control officer' means an individual authorized by local law or by the governing authority of a county or municipality to carry out the duties imposed by this article or imposed by local ordinance.
(2) 'Animal shelter' means any facility operated by or under contract for the state, a county, a municipal corporation, or any other political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals; any veterinary hospital or clinic operated by a veterinarian or veterinarians which operates for such purpose in addition to its customary purposes; and any facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals.
(3) 'Equine' means any member of the Equidae species, including horses, mules, and asses.
(4) 'Humane care' of animals means, but is not limited to, the provision of adequate heat, ventilation, sanitary shelter, and wholesome and adequate food and water, consistent with the normal requirements and feeding habits of the animal's size, species, and breed.
(5) 'Kennel' means any establishment, other than an animal shelter, where dogs or cats are maintained for boarding, holding, training, or similar purposes for a fee or compensation.
(6) 'Person' means any person, firm, corporation, partnership, association, or other legal entity, any public or private institution, the State of Georgia, or any county, municipal corporation, or political subdivision of the state.
(7) 'Pet dealer' or 'pet dealership' means any person who sells, offers to sell, exchanges, or offers for adoption dogs, cats, birds, fish, reptiles, or other animals customarily obtained as pets in this state. However, a person who sells only animals that he or she has produced and raised, not to exceed 30 animals a year, shall not be considered a pet dealer under this article unless such person is licensed for a business by a local government or has a Georgia sales tax number. The Commissioner may with respect to any breed of animals decrease the 30 animal per year exception in the foregoing sentence to a lesser number of any animals for any species that is commonly bred and sold for commercial purposes in lesser quantities.

GEORGIA LAWS 2000 SESSION

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Operation of a veterinary hospital or clinic by a licensed veterinarian shall not constitute the veterinarian as a pet dealer, kennel, or stable under this article.

(8) 'Secretary of Agriculture' means the secretary of the United States Department of Agriculture.

(9) 'Stable' means any building, structure, pasture, or other enclosure where equines are maintained for boarding, holding, training, breedint, riding, pulling vehicles, or other similar purposes and a fee is charged for maintaining such equines or for the use of such equines."

SECTION 5.

Said title is further amended by inserting after Code Section 4-11-9.1 new Code Sections 4-11-9.2, 4-11-9.3, 4-11-9.4, 4-11-9.5, and 4-11-9.6 to read as follows:

"4-11-9.2.

(a) At any time there is probable cause to believe that a violation of this article or any rule or regulation adopted pursuant to this article has occurred, the Commissioner, his or her designated agent, or an animal control officer who is an employee of state or local government may apply to the appropriate court in the county in which the animal is located for an inspection warrant under the provisions of Code Section 2-2-11.

(b) Any sheriff, deputy sheriff, or other peace officer shall have the authority to enforce the provisions of this article and Code Sections 16-12-4 and 1612-37.

(c) The Commissioner, his or her designated agent, an animal control officer who is an employee of state or local government, or a!'y sheriff, deputy sheriff, or other peace officer is authorized to impound any animal:

(1) That has not received humane care;

(2) That has been subjected to cruelty in violation of Code Section 16-124;

(3) That is used or intended for use in any violation of Code Section 1612-37; or

(4) If it is determined that a consent order or other order concerning the treatment of animals issued pursuant to this article is being violated.

(d) Prior to an animal being impounded pursuant to paragraph (1), (2), or (3) of subsection (c) of this Code section, a licensed accredited veterinarian approved by the Commissioner or a veterinarian employed by a state or federal government and approved by the Commissioner, shall, at the request of

758

GENERAL ACTS AND RESOLUTIONS, VOL. I

the Commissioner, his or her designee, an animal control officer, a sheriff, a deputy sheriff, or other peace officer, examine and determine the condition or treatment of the animal.

(e) The provisions of this Code section and Code Sections 4-11-9.3 through 4-11-9.6 shall not apply to scientific experiments or investigations conducted by or at an accredited college or university in this state or research facility registered with the Commissioner or the United States Department of Agriculture.

4-11-9.3.

(a) It shall be the duty of any person impounding an animal under Code Section 4-11-9.2 to make reasonable and proper arrangements to provide the impounded animal with humane care and adequate and necessary veterinary services. Such arrangements may include, but shall not be limited to, providing shelter and care for the animal at any state, federal, county, municipal, or governmental facility or shelter; contracting with a private individual, partnership, corporation, association, or other entity to provide humane care and adequate and necessary veterinary services for a reasonable fee; or allowing a private individual, partnership, corporation, association, or other entity to provide humane care and adequate and necessary veterinary services as a volunteer and at no cost.

(b) Any person impounding an animal under this article or providing care for an impounded animal shall have a lien on such animal for the reasonable costs of caring for such animal. Such lien may be foreclosed in any court that is competent to hear civil cases, including, but not limited to, magistrate courts. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts.

(c) Any person impounding an animal under this article is authorized toreturn the animal to its owner, upon payment by the owner of all costs of impoundment and care and upon the entry of a consent order, unless such owner was, in a prior administrative or legal action in this state or any other state, found to have failed to provide humane care to an animal, committed cruelty to animals, or engaged in dog fighting in violation of the laws of this state or of the United States or any of the several states. Such consent order shall provide conditions relating to the care and treatment of such animal, including, but not limited to, the following, that:

(1) Such animal will be given humane care and adequate and necessary veterinary services;

(2) Such animal will not be subjected to cruelty; and (3) The owner will comply with this article.

GEORGIA LAWS 2000 SESSION

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(d) The provisions of subsection (c) of this Code section shall not apply to an animal that was an object or instrumentality of a crime nor shall any such animal be returned to the owner without the approval of the prosecuting attorney. An agency having custody of an animal that was seized as an object or instrumentality of a crime may, with the consent of the prosecuting attorney, apply to the court having jurisdiction over the offense for an order authorizing such agency to dispose of the animal prior to trial of the criminal case as provided by law.

4-11-9.4.

(a) It shall be the duty of any person impounding an animal under this article to notify the owner of such animal immediately upon impoundment. Such notice shall state the name and business address of the person impounding the animal, the name and address of the state or local government agency having custody of the animal, a description of the animal, the reason why the animal was impounded, and a statement of the time limits for the owner to respond and request a hearing as provided in Code Section 4-11-9.5. The notice shall be provided by personal service or by registered or certified mail sent to the last known address of the owner. Service of the notice which complies with subsection (b) of Code Section 9-11-5 shall in all cases be sufficient. If the owner of such animal is unknown or cannot be found, service of the notice on the owner shall be made by posting the notice in a conspicuous place at the location where the animal was impounded and by publishing a notice once in a newspaper of general circulation in the county where the animal was impounded.

(b) An animal impounded pursuant to this article is deemed to be in the custody of the state or local government agency responsible for enforcement of this article within said county or municipality.

4-11-9.5.

(a) If the owner of an animal impounded pursuant to this article fails to respond in writing within five business days of the date the notice of impoundment was served, or, if the owner is unknown or could not be found within 30 days of publication of the notice of impoundment, the impounded animal may be disposed of pursuant to Code Section 4-11-9.6.

(b) (1) If the owner of an animal impounded pursuant to this article refuses to enter into a consent agreement with the government agency having custody of the animal that such animal will be given humane care and adequate and necessary veterinary care, the owner may request, in writing, a hearing within five business days of the date the notice of impoundment was served on such owner, or, if the owner is unknown or could not be found, within 30 days of the date of publication of the notice of impoundment. Such request for hearing shall be served upon the government

760

GENERAL ACTS AND RESOLUTIONS, VOL. I

agency having custody of the animal. If no hearing is requested within the time limits specified in this paragraph and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the owner, the right to a hearing shall have been waived.
(2) Within 30 days after receiving a written request for a hearing, the government agency having custody of the animal shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' If the animal is in the custody of an agency of local government which has, by local law or ordinance, established a procedure for hearing such matters, the body designated in such local law or ordinance shall conduct the hearing required by this Code section. If the local government does not have a hearing procedure, the government agency having custody of the animal may refer the matter to the Office of State Administrative Hearings. If the animal is in the custody of the Department of Agriculture, the Commissioner or his or her designee shall conduct the hearing. The hearing shall be public and all testimony shall be received under oath. A record of the proceedings at such hearing shall be made and maintained by the hearing officer as provided in Code Section 50-1313.
(3) The scope of the hearing shall be limited to whether the impounding of the animal w,as authorized by subsection (c) of Code Section 4-11-9.2.
(4) The hearing officer shall, within five business days after such hearing, forward a decision to the person who impounded the animal and the government agency having custody of the animal.
(5) If the hearing officer finds that the animal was improperly impounded, the animal shall be returned to the owner and the cost incurred in providing reasonable care and treatment for the animal from the date of impoundment to the date of the order shall be paid by the impounding agency.
(6) If the hearing officer finds that the animal was lawfully impounded, the hearing officer may:
(A) Recommend that the government agency having custody of the animal dispose of the animal as provided in Code Section 4-11-9.6; or
(B) Unless, in a prior administrative or legal action in this state or any other state, the owner has been found to have failed to provide humane care to an animal, committed cruelty to animals, or engaged in dog fighting in violation of the laws of this state or of the United States or any of the several states, recommend conditions under which the animal may, upon payment by the owner of all costs of impoundment and care, be returned to the owner. Such conditions shall be reduced

GEORGIA LAWS 2000 SESSION

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to writing and served upon the owner and the government agency having custody of the animal. Such conditions may include, but are not limited to, the following, that:

(i) Such animal will be given humane care and adequate and necessary veterinary services;

(ii) Such animal will not be subjected to mistreatment; and

(iii) The owner will comply with this article.

(c) The provisions of this Code section shall not apply to an animal that was an object or instrumentality of a crime nor shall any such animal be returned to the owner or disposed of without the approval of the prosecuting attorney.

4-11-9.6.

(a) The government agency having custody of an animal impounded pursuant to this article which is not returned to the owner as provided in Code Sections 4-11-9.3 and 4-11-9.5 may dispose of the animal through sale by any commercially feasible means, at a public auction or by sealed bids, or, if in the opinion of a licensed accredited veterinarian or a veterinarian employed by a state or federal government and approved by the Commissioner such animal has a temperament or condition such that euthanasia is the only reasonable course of action, by humanely disposing of the animal.

(b) Any proceeds from the sale of such animal shall be used first to pay the costs associated with the impoundment, including, but not limited to, removal of the animal from the premises, shelter and care of the animal, notice, hearing, and disposition of the animal. Any funds remaining shall:

(1) If the owner is unknown or cannot be found, be paid into the state treasury if the animal was impounded by the Commissioner or his or her designated agent or into the treasury of the local government if the animal was impounded by the sheriff, a deputy sheriff, another law enforcement officer, or an animal control officer; or

(2) If the owner is known, be paid to the owner.

(c) The government agency responsible for conducting the sale shall keep a record of all sales, disbursements, and distributions made under this article."

SECTION 6.

Said title is further amended by striking Code Section 4-11-10, relating to unlawful acts by licensed persons, and inserting in lieu thereof the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"4-11-10.

It shall be unlawful for any person licensed under this article or any person employed by a person licensed under this article or under such person's supervision or control to:

(1) Commit a violation of Code Section 16-12-4, relating to cruelty to animals;

(2) Fail to keep the pet dealership premises, animal shelter, kennel, or stable in a good state of repair, in a clean and sanitary condition, adequately ventilated, or disinfected when needed;

(3) Fail to provide humane care for any animal; or

(4) Fail to take reasonable care to release for sale, trade, or adoption only those animals that appear to be free of disease, injuries, or abnormalities."

SECTION 7.

Said title is further amended by striking Code Section 4-11-15, relating to injunctions and restraining orders, and inserting in lieu thereof the following:

"4-11-15.

In addition to the remedies provided in this article or elsewhere in the laws of this state and notwithstanding the existence of an adequate remedy at law, the Commissioner or, where authorized by the local governing authority, the city or county attorney is authorized to apply to the superior court for an injunction or restraining order. The court shall for good cause shown grant a temporary or permanent injunction or an ex parte or restraining order, restraining or enjoining any person, partnership, firm, corporation, or other entity from violating and continuing to violate this article, any rules and regulations promulgated under this article, Code Section 1612-4, or Code Section 16-12-37. Such injunction or restraining order shall be issued without bond and may be granted notwithstanding the fact that the violation constitutes a criminal act and notwithstanding the pendency of any criminal prosecution for the same violation."

SECTION 8.

Said title is further amended by inserting after Code Section 4-11-15 a new Code Section 4-11-15.1 to read as follows:
"4-11-15.1.

Notwithstanding the provisions of Code Section 4-11-13, it shall be unlawful for any person knowingly and intentionally to abandon any domesticated animal upon any public or private property or public right of way. This

GEORGIA LAWS 2000 SESSION

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Code section shall not be construed as amending or otherwise affecting the provisions of Chapter 3 of this title, relating to livestock running at large or straying."

SECTION 9.

Said title is further amended by striking Code Section 4-11-16, relating to penalties for violations, and inserting in lieu thereof the following:

"4-11-16.

(a) Except as otherwise provided in Code Section 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 10.

Said title is further amended by inserting after Code Section 4-11-16 a new Code Section 4-11-17 to read as follows:

"4-11-17.

(a) Notwithstanding Code Section 24-9-29 or any other provision of law to the contrary, any licensed accredited veterinarian or veterinary technician having reasonable cause to believe that an animal has been subjected to animal cruelty in violation of Code Section 16-12-4 or dog fighting in violation of Code Section 16-12-37 may make or cause to be made a report of such violation to the Commissioner, his or her designee, an animal control officer, a law enforcement agency, or a prosecuting attorney and may appear and testify in any judicial or administrative proceeding concerning the care of an animal.

(b) Any person participating in the making of a report pursuant to this Code section or participating in any administrative or judicial proceeding pursuant to this article or Title 16 shall, in so doing, be immune from any civil or criminal liability that might otherwise be incurred or imposed, provided such participation pursuant to this Code section or any other law is made in good faith."

SECTION 11.

Said title is further amended by striking Code Section 4-13-10, relating to penalties, and inserting in lieu thereof the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"4-13-10.

Except as otherwise provided in Code Section 16-12-4 or 16-12-37, any person, partnership, firm, corporation, or other entity violating any of the provisions of this chapter shall be guilty of a misdemeanor."
SECTION 12.
Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to offenses against public health and morals, is amended by striking Code Section 16-12-4, relating to cruelty to animals, which reads as follows:
"16-12-4.

(a) A person is guilty of a misdemeanor of cruelty to animals in the second degree when his act, omission, or neglect causes unjustifiable physical pain, suffering, or death to any living animal.
(b) A person is guilty of a misdemeanor of cruelty to animals in the first degree upon a second or subsequent violation of subsection (a) of this Code section and, upon conviction, may be punished by imprisonment not to exceed 12 months or a fine not to exceed $5,000.00 or both.

(c) This Code section does not apply to the killing of animals raised for the purpose of providing food nor does it apply to any person who hunts wild animals in compliance with the game and fish laws of this state. The killing or injuring of an animal for humane purposes or in the furtherance of medical or scientific research is justifiable.",
and inserting in lieu thereof the following:
"16-12-4.

(a) As used in this Code section, the term:
(1) 'Animal' shall not include any fish nor shall such term include any pest that might be exterminated or removed from a business, residence, or other structure.
(2) 'Conviction' shall include pleas of guilty or nolo contendere or probation as a first offender pursuant to Article 3 of Chapter 8 of Title 42 and any conviction, plea of guilty or nolo contendere, or probation as a first offender for an offense under the laws of the United States or any of the several states that would constitute a violation of this Code section if committed in this state.

(3) 'Willful neglect' means the intentional withholding of food and water required by an animal to prevent starvation or dehydration.

GEORGIA lAWS 2000 SESSION

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(b) A person commits the offense of cruelty to animals when he or she causes death or unjustifiable physical pain or suffering to any animal by an act, an omission, or willful neglect. Any person convicted of a violation of this subsection shall be guilty of a misdemeanor; provided, however, that:

(1) Any person who is convicted of a second or subsequent violation of this subsection shall be punished by imprisonment not to exceed 12 months, a fine not to exceed $5,000.00, or both; and

(2) Any person who is convicted of a second or subsequent violation of this subsection which results in the death of an animal shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by imprisonment for not less than three months nor more than 12 months, a fine not to exceed $10,000.00, or both, which punishment shall not be suspended, probated, or withheld.

(c) A person commits the offense of aggravated cruelty to animals when he or she knowingly and maliciously causes death or physical harm to an animal by rendering a part of such animal's body useless or by seriously disfiguring such animal. A person convicted of the offense of aggravated cruelty to animals shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed $15,000.00, or both, provided that any person who is convicted of a second or subsequent violation of this subsection shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed the amount provided by Code Section 17-10-8, or both.

(d) Before sentencing a defendant for any conviction under this Code section, the sentencing judge may require psychological evaluation of the offender and shall consider the entire criminal record of the offender.

(e) The provisions of this Code section shall not be construed as prohibiting conduct which is otherwise permitted under the laws of this state or of the United States, including, but not limited to, agricultural, animal husbandry, butchering, food processing, marketing, scientific, research, medical, zoological, exhibition, competitive, hunting, trapping, fishing, wildlife management, or pest control practices or the authorized practice of veterinary medicine nor to limit in any way the authority or duty of the Department of Agriculture, Department of Natural Resources, any county board of health, any law enforcement officer, dog, animal, or rabies control officer, humane society, veterinarian, or private landowner protecting his or her property.

(f) (1) Nothing in this Code section shall be construed as prohibiting a person from:

(A) Defending his or her person or property, or the person or property of another, from injury or damage being caused by an animal; or

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(B) Injuring or killing an animal reasonably believed to constitute a threat for injury or damage to any property, livestock, or poultry.

(2) The method used to injure or kill such animal shall be designed to be as humane as is possible under the circumstances. A person who humanely injures or kills an animal under the circumstances indicated in this subsection shall incur no civil or criminal liability for such injury or death."

SECTION 13.

This Act shall become effective upon the first day of the month following its approval by the Governor or upon its becoming law without such approval.

SECTION 14.

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

Approved April 27, 2000.

STATE GOVERNMENT - SOUTHEASTERN RAILWAY MUSEUM; OFFICIAL STATE TRANSPORTATION HISTORY MUSEUM.
Code Section 50-3-77 Enacted.
No. 687 (House Bill No. 361).
AN ACT
To amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Southeastern Railway Museum as the official state transportation history museum; to repeal conflicting laws; and for other purposes.
WHEREAS, tourism and commercial recreation constitute an important industry in the economy of Georgia; and
WHEREAS, the State of Georgia has recognized the importance of tourism to the economic and cultural well-being of its people through the establishment of the Department of Industry, Trade, and Tourism; and
WHEREAS, many groups in the state are working to improve the quality of recreational and history related experiences for Georgia residents and for outof-state tourists as well; and
WHEREAS, enhancement of tourist attractions in Georgia would encourage tourists to extend their stay in Georgia and would benefit the state; and

GEORGIA lAWS 2000 SESSION

767

WHEREAS, the Southeastern Railway Museum located in Duluth (Gwinnett County), Georgia, has one of the most notable collections of transportation equipment in the country, including a 1906 City of Atlanta horse-drawn and steam-powered fire engine, a Georgia Power streetcar, and a Georgia Power "trackless trolley" exemplifying intra-city transportation used in all major Georgia cities during the 1920s and 1930s, the classic diesel locomotive which pulled the Southern "Crescent" passenger train in 1979 when the "Crescent" the last named passenger train operated by the U. S. railroad companies in the East - was turned over to Amtrak service, and the 1911 Pullman private car "Superb" used by Presidents Woodrow Wilson and Warren Harding; and

WHEREAS, the Southeastern Railway Museum's historic collection illustrates the story of the social and economic development of Georgia from 1880 to the present; and

WHEREAS, the Southeastern Railway Museum's collection is to be housed in a $3.3 million complex donated in 1997 by Frank M. Ewing of Chevy Chase, Maryland; and

WHEREAS, the Southeastern Railway Museum serves as an educational resource to students through the offering of private tours, provides a valuable research facility to the public and historians through its extensive library, and attracts tourists both nationally and internationally; and

WHEREAS, many states have publicly funded transportation history museums and designation of the Southeastern Railway Museum, which is operated by a private nonprofit corporation, as Georgia's official transportation history museum would be of tremendous public benefit at no cost to the State of Georgia.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, is amended by inserting at the end thereof the following:

"50-3-77.

(a) The Southeastern Railway Museum in Duluth, Georgia, is designated as the official state transportation history museum.

(b) The Department of Industry, Trade, and Tourism and other public agencies and leaders in the tourism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of the Southeastern Railway Museum and to visit this state for tourism purposes."

768

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2.

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

Approved April 27, 2000.

PUBLIC OFFICERS AND EMPLOYEES - SCHOOL PERSONNEL; INDEMNIFICATION FOR PERSONS KILLED OR DISABLED IN LINE OF
DUTY BY VIOLENT ACT.
Code Section 40-2-86.5 Enacted. Code Title 45, Chapter 9, Article 5A Enacted.
No. 688 (House Bill No. 1388).
AN ACT
To create a program of indemnification with respect to public school personnel who are killed or permanently disabled by an act of violence in the line of duty; 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 a special and distinctive license plate honoring Georgia educators with revenue derived from the sale of such plates dedicated to a fund for such program of indemnification; to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to provide for such indemnification program for public school personnel; to provide an effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by adding a new Code Section 40-2-86.5 to read as follows:
"40-2-86.5.
(a) In order to honor Georgia educators and financially benefit the Georgia Public School Personnel Indemnification Fund, there shall be issued beginning July 1, 2001, special license plates under this Code section.
(b) License plates issued under this Code section must be of the same size as general issue motor vehicle license plates. Such plates shall include a unique identifYing number, whereby the total number of characters does not exceed six, provided that no two recipients receive identical plates. The license plates shall display the phrase 'Georgia Educators Make A Differ-

GEORGIA LAWS 2000 SESSION

769

ence' and a ripe Red Delicious apple shall be depicted to the left of the identifying number of each plate. Such design shall not provide space in which to indicate the name of the county of issuance.

(c) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required to implement this Code section. The design of the license plate provided under this Code section, excepting only any part or parts of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner.

(d) Beginning July 1, 2001, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon application and compliance with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a fee of not more than $25.00 in addition to the regular motor vehicle registration fee, shall be issued a motor vehicle license plate under this Code section. Revalidation decals shall, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, be issued for such license plates in the same manner as provided for general issue license plates.

(e) The funds derived from the sale of license plates issued under this Code section, less the actual cost of manufacturing and less a $1.00 processing fee which shall be granted to county tag offices per plate sold, shall be deposited in the Georgia Public School Personnel Indemnification Fund established by Article SA of Chapter 9 of Title 45 and shall be expended only for the purposes specified in said article.

(f) An applicant may request a license plate issued under this Code section any time during the applicant's registration period. If such a license plate is to replace a current valid license plate, the department shall issue the license plate under this Code section with appropriate decals attached.

(g) License plates issued under this Code section shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80.

(h) License plates issued under this Code section shall be issued within 30 days of application."

770

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2.

Chapter 9 of Title 4S of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, is amended by adding a new Article SA to read as follows:

4S-9-100.

"ARTICLE SA

The purpose of this article is to provide by law for the indemnification with respect to the death or permanent disability of public school teachers and public school employees who are killed or permanently disabled by an act of violence in the line of duty on or after July 1, 2001.
4S-9-101.

As used in this article, the term:

(1) 'Act of violence' means a willful act of violence committed by a person other than a fellow public school teacher or public school employee.
(2) 'Commission' means the Georgia Public School Personnel Indemnification Commission.

(3) 'In the line of duty' means while on duty and performing services for and receiving compensation from the public school district which employs such public school teacher or public school employee.
(4) '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 ability to function productively in any employment.
(S) 'Public school employee' has the meaning provided by Code Section 20-2-910.

(6) 'Public school teacher' has the meaning provided by Code Section 202-880.

GEORGIA LAWS 2000 SESSION

771

45-9-102.

(a) There is established a program to provide for indemnification with respect to the death or permanent disability of any public school teacher or public school employee who is killed or permanently disabled by an act of violence in the line of duty on or after July 1, 2001.

(b) Such program shall be administered by the Georgia Public School Personnel Indemnification Commission.

45-9-103.

There is created the Georgia Public School Personnel Indemnification Commission which shall be composed of the Governor, the State School Superintendent, the Secretary of State, the Commissioner of Insurance, the chairperson of the State Board of Education, the commissioner of human resources, and one public school teacher and one public school employee to be appointed by the Governor and serve at the pleasure thereof. The Governor shall be the chairperson of the commission and the commission shall be assigned to the Department of Administrative Services for administrative purposes.

45-9-104.

The commission is authorized to promulgate rules and regulations relative to the program of indemnification. Such rules and regulations may provide for initial investigation of claims and the issuance of subpoenas to facilitate such investigation, special masters, hearings, procedures for applications for indemnification, and all other matters so as to enable the commission to carry out its duties fairly, properly, and equitably. The chairperson of the commission shall be authorized to contact other state agencies for the purpose of using the personnel and resources of such agencies to assist the commission in carrying out its duties.

45-9-105.

There is created a fund to be known as the Georgia Public School Personnel Indemnification Fund. The custodian of the Georgia Public School Personnel Indemnification Fund shall be the Department of Administrative Services. The Department of Administrative Services shall administer the Georgia Public School Personnel Indemnification Fund and may invest the resources of the fund in the same manner and fashion that an insurer authorized to issue contracts of life insurance is authorized to invest its resources. The Department of Administrative Services shall be further authorized to intermingle the resources of the Georgia Public School Personnel Indemnification Fund with the resources of any other funds or accounts

772

GENERAL ACTS AND RESOLUTIONS, VOL. I

which have similar restrictions on the investments which may be made with such funds; provided, however, that separate bookkeeping accounts on each such fund shall be maintained.

45-9-106.

The Georgia Public School Personnel Indemnification Fund shall consist of revenues derived from the sale of special and distinctive motor vehicle license plates honoring Georgia educators as provided by Code Section 40-286.5. In addition, the Department of Administrative Services is authorized to accept for deposit in the Georgia Public School Personnel Indemnification Fund any other funds from any other source. All revenue or other funds received by the Georgia Public School Personnel Indemnification Fund shall not lapse.
45-9-107.
The Department of Administrative Services is authorized, subject to the limitations contained in this article:

(1) To pay the appropriate indemnification to the persons eligible for indemnification under this article or to the estate of such persons as provided in this article from the proceeds of the Georgia Public School Personnel Indemnification Fund;

(2) To make such payments as may be necessary to defray the expenses and costs incurred by the commission in administering this article; and
(3) With the approval of the commission, to utilize the resources of the Georgia Public School Personnel Indemnification Fund to purchase insurance to provide for such indemnification.
45-9-108.

(a) The indemnification shall be paid by the commission when a public school teacher or public school employee who in the line of duty:
(1) Is killed or receives bodily injury which results in death within 12 months thereafter, if such death occurs from an act of violence and if such death is not the result of suicide and if such bodily injury is not intentionally self-inflicted; or
(2) Is permanently disabled, if the permanent disability occurs from an act of violence and if the permanent disability is not intentionally selfinflicted.

(b) For any compensable claim filed under this article, payment shall be made as follows:

GEORGIA LAWS 2000 SESSION

773

(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

(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 $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.

(c) Mter determining that a public school teacher or public school employee has been killed or permanently disabled by an act of violence in the line of duty and that he or she or his or her estate beneficiary is entitled to indemnification under this article, the commission, within ten days after the end of the fiscal year in which such claim was filed and subject to the provisions of Code Section 45-9-109, shall forward a certified copy of the order granting such payment, which order shall include the person to whom such payment shall be made and the method of payment, to the commissioner of administrative services who is authorized to make the appropriate payments from funds made available for the purpose of carrying out this article.

45-9-109.

If the moneys provided by this article are not sufficient at any time to enable the commission to pay each person his or her benefits in full under this article, then those persons entitled to benefits whose claims were filed in the same fiscal year shall be paid an equal amount, if any, which, in the opinion of the commission, the fund may provide. In no such event shall the state or commission or any member of the commission be liable to any person for any deficiencies in payments under this article.

45-9-109.1.

(a) An application for indemnification with respect to a claim filed under this article for permanent disability of a public school teacher or public school employee 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 the parent, spouse, guardian, or other authorized individual. An application for indemnification with respect to a claim filed under this article for the death of a public school teacher or public school employee shall be submitted by the individual authorized to administer the estate.

774

GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) An application for indemnification with respect to the death or permanent disability of a public school teacher or public school employee who is killed or permanently disabled by an act of violence in the line of duty on or after July l, 2001, must be made within 24 months after the date of the death or disability.

45-9-109.2.

It is the intent of the General Assembly that indemnification paid pursuant to this article shall not be taxable within this state for any purpose.

45-9-109.3.

No indemnification shall be awarded to any person otherwise entitled thereto who violates a penal law of this state if such violation caused or contributed to the death or disability of the person.

45-9-109.4.

The commission shall annually file a report of its activities with the General Assembly, which report shall include the amount of funds paid under the program of indemnification. It shall also include a copy of each order providing for payment or a summary of each such order giving all pertinent details.

45-9-109.5.

(a) Any person who shall knowingly give false information or false testimony causing or intended to cause the payment of indemnification which would not otherwise be justified under this article shall be guilty of a misdemeanor.

(b) Any such person convicted under subsection (a) of this Code section shall be liable to the state for any funds paid as a result of such false information or testimony."
SECTION 3.

This Act shall become effective on July l, 2001, upon the ratification at the November, 2000, state-wide general election of a constitutional amendment which authorizes the General Assembly to provide by law for indemnification with respect to public school teachers, administrators, and employees who are killed or permanently disabled by an act of violence in the line of duty, a nonlapsing indemnification fund for such purposes, and dedication of revenue from special and distinctive motor vehicle license plates honoring Georgia educators to such fund. If such an amendment is not so ratified, this Act shall not become effective and shall stand repealed in its entirety on July 1, 2001.

GEORGIA LAWS 2000 SESSION

775

SECTION 4.

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

Approved April 27, 2000.

REVENUE AND TAXATION - AD VALOREM TAXES; PREFERENTIAL ASSESSMENTS OF REHABILITATED HISTORIC PROPERTY; SPECIMEN
TREE PRESERVATION.
Code Section 48-5-7.2 Amended.
No. 689 (House Bill No. 1118).
AN ACT
To amend Code Section 48-5-7.2 of the Official Code of Georgia Annotated, relating to preferential assessments of rehabilitated historic property, so as to provide for the inclusion of expenditures incurred in preserving specimen trees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 48-5-7.2 of the Official Code of Georgia Annotated, relating to preferential assessments of rehabilitated historic property, is amended by striking subsection (e) thereof and inserting in its place the following:
"(e) Upon receipt of final certification from the Department of Natural Resources, a property owner desiring classification of any such historic property as rehabilitated historic property in order to receive the preferential assessment shall make application to the county board of tax assessors and include the order of final certification with such application. The county board of tax assessors shall determine if the value of the building or structure has been increased in accordance with the provisions of subparagraph (a)(1)(B) of this Code section; provided, however, that, if the property owner can document expenditures on rehabilitation of owner occupied property of not less than 50 percent of the fair market value of the building or structure at the time of the preliminary certification of the property, or, in the case of income-producing property, expenditures on rehabilitation of such property of not less than 100 percent of the fair market value of the building or structure at the time of preliminary certification of the property, or, in the case of real property used primarily as residential property but partially as income-producing property, expenditures on rehabilitation of such property of not less than 75 percent of the fair market value of the building or structure at the time of preliminary certification of the property, the county board of tax assessors shall be required to grant preferential as-

776

GENERAL ACTS AND RESOLUTIONS, VOL. I

sessment to such property. For the purposes of this subsection, the term 'fair market value' shall mean the fair market value of the building or structure, excluding the provisions of subparagraph (C) of paragraph (3) of Code Section 48-5-2; and such rehabilitation expenditures shall also include expenditures incurred in preserving specimen trees upon not more than two acres of real property surrounding the building or structure. As used in this Code section, the term 'specimen tree' means any tree having a trunk diameter of 30 inches or more. The county board of tax assessors shall make the determination within 30 days after receiving the application and shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306. Appeals from the denial of an application for preferential assessment by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2000.

EDUCATION - HOPE SCHOLARSHIPS AND GRANTS; ELIGIBLE HIGH SCHOOLS.
Code Section 20-3-519 Amended.
No. 690 (House Bill No. 1306).
AN ACT
To amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to change the definition of the term "eligible high school"; 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 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, is amended by striking in its entirety paragraph (6) and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) 'Eligible high school' means a public or private secondary school which is:
(A) Located in Georgia and accredited as such by:

GEORGIA LAWS 2000 SESSION

777

(i) The Southern Association of Colleges and Schools;

(ii) The Georgia Accrediting Commission;

(iii) The Georgia Association of Christian Schools; or

(iv) The Association of Christian Schools International; or

(B) Located in another state and accredited by one of the following regional agencies:

(i) The Southern Association of Colleges and Schools;

(ii) The New England Association of Schools and Colleges;

(iii) The Middle States Association of Colleges and Schools;

(iv) The North Central Association of Colleges and Schools;

(v) The Northwestern Association of Schools and Colleges;

(vi) The Western Association of Schools and Colleges; or

(vii) The Alabama Independent School Association."

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 27, 2000.

REVENUE AND TAXATION- REFUNDS; OVERPAYMENTS; INTEREST.
Code Sections 48-2-35, 48-7-112, and 48-7-121 Amended.
No. 691 (House Bill No. 1349).
AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the rate of interest paid with respect to certain refunds; to change the rate of interest with respect to income tax overpayments; to change the rate of interest paid with respect to certain estimated income tax overpayments; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

778

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1.

Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subsection (a) of Code Section 48-2-35, relating to refunds, and inserting in its place a new subsection (a) to read as follows:
"(a) A taxpayer shall be refunded any and all taxes or fees which are determined to have been erroneously or illegally assessed and collected from such taxpayer under the laws of this state, whether paid voluntarily or involuntarily, and shall be refunded interest on the amount of the taxes or fees at the rate of 1 percent per month from the date of payment of the tax or fee to the commissioner. For the purposes of this Code section, any period of less than one month shall be considered to be one month. Refunds shall be drawn from the treasury on warrants of the Governor issued upon itemized requisitions showing in each instance the person to whom the refund is to be made, the amount of the refund, and the reason for the refund."
SECTION 2.

Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 48-7-112, relating to employee refunds and credits with respect to income tax withholdings, and inserting in its place a new paragraph ( 1) to read as follows:

"(1) To the extent that the credit provided in subsection (a) of this Code section together with other credits allowed by law is in excess of the employee's income tax liability for the taxable year as shown on an income tax return filed by the employee for that year, the overpayment shall be considered as taxes erroneously paid and shall be credited or refunded as provided in this Code section. An overpayment shall be credited to the person's estimated income tax liability for the succeeding taxable year unless the person claims a refund for the overpayment. The commissioner may consider any final return showing an overpayment as a claim for refund per se. An overpayment shall bear no interest if credit is given for the overpayment. Amounts refunded as overpayments shall bear interest at the rate provided in Code Section 48-2-35 but only after 90 days from the filing date of the final return showing the overpayment or from the due date of the final return, whichever is later."

SECTION 3.
Said title is further amended by striking subsection (b) of Code Section 48-7121, relating to estimated income tax credits or refunds, and inserting in its place a new subsection (b) to read as follows:

GEORGIA LAWS 2000 SESSION

779

"(b) To the extent that the estimated tax credit, together with other credits allowed by law, is in excess of the taxpayer's income tax liability for a taxable year as shown on an income tax return filed by the taxpayer for that year, the overpayment shall be considered as taxes erroneously paid and shall be credited or refunded as provided in this subsection. The overpayment shall be credited to the taxpayer's estimated income tax liability for the succeeding taxable year unless the taxpayer claims a refund for the overpayment. The commissioner may consider any final return showing an overpayment as a claim for refund per se. An overpayment shall bear no interest if credit is given for the overpayment. Amounts refunded as overpayments shall bear interest at the rate provided in Code Section 48-2-35 but only after 90 days from the filing date of the final return showing the overpayment or 90 days from the due date of the final return, whichever is later."

SECTION 4.

This Act shall become effective on January I, 2001.

SECTION 5.

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

Approved April 27, 2000.

RETIREMENT AND PENSIONS -JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA; SENIOR JUDGES; BENEFITS ELIGIBILITY
Code Section 47-11-70 Amended.
No. 692 (House Bill No. 453).
AN ACT
To amend Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that service as a senior judge of the probate court shall not affect a member's ability to receive a benefit under such retirement fund; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

780

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1.

Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, is amended by inserting at the end thereof the following:

"(c) Any other provisions of this chapter to the contrary notwithstanding, service as a senior judge of the probate court, as such office is expressly provided for by general law, shall not affect the right of a member of the fund to receive a benefit."

SECTION 2.

This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.

SECTION 3.

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

Approved April 27, 2000.

FIRE PROTECTION AND SAFETY- BLASTING OR EXCAVATING; UTILITY FACILITY PROTECTION.
Code Title 25, Chapter 9 Amended.
No. 693 (House Bill No. 1290).
AN ACT
To amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and facilities, so as to provide a short title; to define certain terms; to provide procedures for the protection of utility facilities from damage from excavating and blasting; to provide for the duties of persons engaged in excavating or blasting; to provide procedures for notifying facility owners and operators of proposed excavating or blasting in the vicinity of utility facilities; to provide for the operation of the utilities protection center; to provide for the membership of the utilities protection center; to provide for the duties of utility owners or operators receiving notice of excavating or blasting; to provide a standard system of marking underground utility facilities; to provide for a system of notifying persons engaged in excavating or blasting of the presence of utility facilities in the area

GEORGIA lAWS 2000 SESSION

781

subject to excavating or blasting; to provide for proper excavating procedures to be carried out in the vicinity of utility facilities; to provide for procedures to be followed during emergency excavating and blasting activities; to provide for the enforcement of this Act; to provide for the establishment of an advisory committee to assist in the enforcement of this Act; to provide for the membership, purposes, powers, and immunities of the advisory committee; to provide for the liability of persons violating the provisions of this Act; to provide penalties for the violation of the provisions of this Act; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and facilities, is amended by striking said chapter in its entirety and inserting in lieu thereof a new Chapter 9 to read as follows:

"CHAPTER 9

25-9-1.

This chapter shall be known and may be cited as the 'Georgia Utility Facility Protection Act.'

25-9-2.

The purpose of this chapter is to protect the public from physical harm, prevent i~ury to persons and property, and prevent interruptions of utility service resulting from damage to utility facilities caused by blasting or excavating operations by providing a method whereby the location of utility facilities will be made known to persons planning to engage in blasting or excavating operations so that such persons may observe proper precautions with respect to such utility facilities.

25-9-3.

As used in this chapter, the term:

(1) 'Abandoned utility facility' means a utility facility taken out of service by a facility owner or operator on or after January 1, 2001.

(2) 'Blasting' means any operation by which the level or grade of land is changed or by which earth, rock, buildings, structures, or other masses or materials are rended, torn, demolished, moved, or removed by the detonation of dynamite or any other explosive agent.

782

GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) 'Business days' means Monday through Friday, excluding the following holidays: New Year's Day, Birthday of Dr. Martin Luther King, Jr., Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, Christmas Eve, and Christmas Day. Any such holiday that falls on a Saturday shall be observed on the preceding Friday. Any such holiday that falls on a Sunday shall be observed on the following Monday.
(4) 'Business hours' means the time from 7:00 A.M. to 4:30 P.M. local time on business days.

(5) 'Commission' means the Public Service Commission.

(6) 'Corporation' means any corporation; municipal corporation; county; authority; joint-stock company; partnership; association; business trust; cooperative; organized group of persons, whether incorporated or not; or receiver or receivers or trustee or trustees of any of the foregoing.

(7) 'Damage' means any impact or exposure that results in the need to repair a utility facility due to the weakening or the partial or complete destruction of the facility including, but not limited to, the protective coating, lateral support, cathodic protection, or the housing for the line, device, or facility.

(8) 'Design locate request' means a communication to the utilities protection center in which a request for locating existing utility facilities for bidding, predesign, or advance planning purposes is made. A design locate request may not be used for excavation purposes.

(9) 'Emergency' means a sudden or unforeseen occurrence involving a clear and imminent danger to life, health, or property; the interruption of utility services; or repairs to transportation facilities that require immediate action.

(10) 'Emergency notice' means a communication to the utilities protection center to alert the involved facility owners or operators of the need to excavate due to an emergency that requires immediate excavation.

(11) 'Excavating' means any operation by which the level or grade of land is changed or earth, rock, or other material below existing grade is moved and includes, without limitation, grading, trenching, digging, ditching, augering, scraping, directional boring, and pile driving. Such term, however, does not include routine road surface scraping maintenance. 'Excavating' shall not mean routine roadway maintenance activities carried out by employees of the Georgia Department of Transportation acting within the scope of their employment, provided such activities occur entirely within the right of way of a public road, street, or highway of the state; are carried out with reasonable care so as to protect any utility facilities placed in the right of way by permit; are carried out within the limits of

GEORGIA lAWS 2000 SESSION

783

any original excavation on the traveled way, shoulders, or drainage features of a public road, street, or highway, and does not exceed 18 inches in depth below the grade existing prior to such activities; and, if involving the replacement of existing structures, replace such structures in their previous locations and at their previous depth.

(12) 'Excavator' means any person engaged in excavating or blasting as defined in this Code section.

(13) 'Extraordinary circumstances' means circumstances other than normal operating conditions which exist and make it impractical or impossible for a facility owner or operator to comply with the provisions of this chapter. Such extraordinary circumstances may include, but shall not be limited to, hurricanes, tornadoes, floods, ice and snow, and acts of God.

(14) 'Facility owner or operator' means any person or entity who owns, operates, or controls the operation of a utility facility as defined in this Code section, for the purpose of commercial enterprise.

(15) 'Locate request' means a communication between an excavator and the utilities protection center in which a request for locating utility facilities is processed.

(16) 'Mechanized excavating equipment' means all equipment which is powered by any motor, engine, or hydraulic or pneumatic device and which is used for excavating.

(17) 'Person' means an individual, firm, joint venture, partnership, association, municipality, state, or other governmental unit, authority, department, agency, or a corporation and shall include any trustee, receiver, assignee, employee, agent, or personal representative thereof.

(18) 'Service area' means a contiguous area or territory which encompasses the distribution system or network of utility facilities by means of which a facility owner or operator provides utility service.

(19) 'Ticket Information Exchange System' means the automated information system to be installed and operated by the utilities protection center that will allow the excavator to determine locate ticket status from information provided by the facility owner or operator.

(20) 'Tolerance zone' means the width of the utility facility plus 24 inches on either side of the outside edge of the utility facility on a horizontal plane.

(21) 'Utilities protection center' or 'center' means the corporation or other organization formed by facility owners or operators to provide a joint telephone number notification service for the purpose of receiving

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GENERAL ACTS AND RESOLUTIONS, VOL. I

advance notification from persons planning to blast or excavate and distributing such notifications to its affected facility owner or operator members.

(22) 'Utility facility' means an underground or submerged conductor, pipe, or structure used in providing electric or communications service, or an underground or submerged pipe used in carrying, providing, or gathering gas, oil or oil products, sewage, waste water, storm drainage, water or other liquids, and appurtenances thereto. This does not include utility facilities owned by a homeowner for service at the homeowner's residence.

25-9-4.

(a) Any person may submit a design locate request to the utilities protection center. Such design locate request shall:

(1) Describe the tract or parcel of land for which the design locate request has been submitted with sufficient particularity, as defined by policies developed and promulgated by the utilities protection center, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved; and

(2) State the name, address, and telephone number of the person who has submitted the design locate request, as well as the name, address, and telephone number of any other person authorized to review any records subject to inspection as provided in paragraph (3) of subsection (b) of this Code section.
(b) Within ten working days after a design locate request has been submitted to the utilities protection center for a proposed project, the facility owner or operator shall respond by one of the following methods:

(1) Designate in accordance with Code Section 25-9-9 the location of all utility facilities within the area of the proposed excavation;

(2) Provide to the person submitting the design locate request the best available description of all utility facilities in the area of proposed excavation, which might include drawings of utility facilities already built in the area, or other facility records that are maintained by the facility owner or operator; or

(3) Allow the person submitting the design locate request or any other authorized person to inspect or copy the drawings or other records for all utility facilities within the proposed area of excavation.

GEORGIA LAWS 2000 SESSION

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'25-9-5.

(a) All facility owners or operators operating or maintaining utility facilities within the state shall participate as members in and cooperate with the utilities protection center. No duplicative center shall be established. The activities of the center shall be funded by all utilities.

(b) The utilities protection center shall maintain a list of the name, address, and telephone number of the office, department, or other source from or through which information respecting the location of utility facilities of its participating facility owners or operators may be obtained during business hours on business days.

25-9-6.

(a) No person shall commence, perform, or engage in blasting or in excavating with mechanized excavating equipment on any tract or parcel of land in any county in this state unless and until the person planning the blasting or excavating has given 48 hours' notice by submitting a locate request to the utilities protection center, beginning the next business day after such notice is provided, excluding hours during days other than business days. Any locate request received by the utilities protection center after business hours shall be deemed to have been received by the utilities protection center the next business day. Such locate request shall:

(1) Describe the tract or parcel of land upon which the blasting or excavation is to take place with sufficient particularity, as defined by policies developed and promulgated by the utilities protection center, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved;

(2) State the name, address, and telephone number of the person who will engage in the blasting or excavating;

(3) Describe the type of blasting or excavating to be engaged in by the person; and

(4) Designate the date upon which the blasting or excavating will commence.

(b) In the event the location upon which the blasting or excavating is to take place cannot be described with sufficient particularity to enable the facility owner or operator to ascertain the precise tract or parcel involved, the person proposing the blasting or excavating shall mark the route or boundary of the site of the proposed blasting or excavating by means of white paint, white stakes, or white flags if practical, or schedule an on-site meeting with the locator or facility owner and inform the utility protection center, within a reasonable time, of the results of such meeting.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) Except as otherwise provided in this subsection, notice given pursuant to subsection (a) of this Code section shall expire 21 calendar days following the date of such notice, and no blasting or excavating undertaken pursuant to this notice shall continue after such time has expired. In the event that the blasting or excavating which is the subject of the notice given pursuant to subsection (a) of this Code section will not be completed within 21 calendar days following the date of such notice, an additional notice must be given in accordance with subsection (a) of this Code section for the locate request to remain valid.

(d) Except for those persons submitting design locate requests, no person, including facility owners or operators, shall request marking of a site through the utilities protection center unless excavating is scheduled to commence. In addition, no person shall make repeated requests for remarking, unless the repeated request is required for excavating to continue or due to circumstances not reasonably within the control of such person. Any person who willfully fails to comply with this subsection shall be strictly liable to the facility owner or operator for three times the cost of marking the utility facility, not to exceed $1,000.00.

(e) If, subsequent to giving the notice to the utilities protection center required by subsection (a) of this Code section, a person planning excavating determines that such work will require blasting, then such person shall promptly so notify the utilities protection center and shall refrain from any blasting until the facility owner or operator responds within 24 hours, excluding hours during days other than business days, following receipt by the utilities protection center of such notice.

(f) When a locate request is made in accordance with subsection (a) of this Code section, excavators other than the person planning the blasting or excavating may conduct such activity, provided that the person planning the blasting or excavating shall remain responsible for ensuring that any stakes or other markings placed in accordance with this chapter remain in place and reasonably visible until such blasting or excavating is completed; and provided, further, that such blasting or excavating is:
(1) Performed on the tract or parcel of land identified in the locate request;
(2) Performed by a person authorized by and having a contractual relationship with the person planning the blasting or excavating;

(3) The type of blasting or excavating described in the locate request; and

(4) Carried out in accordance with all other requirements of this chapter.

GEORGIA LAWS 2000 SESSION

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25-9-7.

(a) Within 48 hours beginning the next business day after the business day following receipt by the utilities protection center of the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days, each facility owner or operator shall determine whether or not utility facilities are located on the tract or parcel of land upon which the excavating or blasting is to occur. If utility facilities are determined to be present, the facility owner or operator shall designate, through stakes or other marks on the surface of the tract or parcel of land, the location of utility facilities. In the event of extraordinary circumstances, the facility owner or operator shall notify the utilities protection center as provided in subsection (c) of this Code section. Such designation of the location of utility facilities through staking or marking shall be in accordance with the American Public Works Association (APWA) color code in place at the time the location of the utility facility is designated.

(b) Each facility owner or operator, either upon determining that no utility facility is present on the tract or parcel of land or upon completion of the designation of the location of any utility facilities on the tract or parcel of land as required by subsection (a) of this Code section, shall provide this information to the utilities protection center in accordance with procedures developed by the utilities protection center, and which may include the use of the Ticket Information Exchange System. In no event shall such notice be provided later than midnight of the second business day following receipt by the utilities protection center of actual notice filed in accordance with Code Section 25-9-6.

(c) In the event the facility owner or operator is unable to designate the location of the utility facilities due to extraordinary circumstances, the facility owner or operator shall notify the utilities protection center and provide an estimated completion date in accordance with procedures developed by the utilities protection center, which may include the use of the Ticket Information Exchange System.

(d) If, at the end of the time period specified in subsection (a) of this Code section, any facility owner or operator has not complied with the requirements of subsections (a) and (b) of this Code section, the utilities protection center shall issue a second request to each such facility owner or operator. If the facility owner or operator does not respond to this additional request by 12:00 Noon of that business day, either by notifying the utilities protection center in accordance with procedures developed by the utilities protection center that no utility facilities are present on the tract or parcel of land, or by designating the location of such utility facilities, then the person providing notice pursuant to Code Section 25-9-6 may proceed with the excavating or blasting, provided there is no visible and obvious evidence of

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GENERAL ACTS AND RESOLUTIONS, VOL. I

the presence of an unmarked utility facility on the tract or parcel of land. Such person shall not be subject to any liability resulting from damage to the utility facility as a result of the blasting or excavating, provided such person complies with the requirements of Code Section 25-9-8.

(e) All utility facilities installed by facility owners or operators on or after January 1, 2001, shall be installed in a manner which will make them locatable using a generally accepted electronic locating method by facility owners or operators.

(f) Facility owners or operators shall either maintain in a data base information concerning the location and other characteristics of abandoned utility facilities, maintain such abandoned utility facilities in a locatable manner, or remove such abandoned utility facilities. Facility owners or operators shall provide information on abandoned utility facilities, when possible, in response to a locate request or design locate request. When the presence of an abandoned facility within an excavation site is known, the facility owner or operator should attempt to locate and mark the abandoned facility, or provide information to the excavator regarding such facilities. When located or exposed, all abandoned utility facilities shall be treated as live utility facilities.

25-9-8.

(a) Persons engaged in blasting or in excavating with mechanized excavating equipment shall not strike, damage, injure, or loosen any utility facility which has been staked or marked in accordance with this chapter.

(b) When excavating or blasting is to take place within the tolerance zone, the excavator shall exercise such reasonable care as may be necessary for the protection of the utility facility. This protection shall include, but may not be limited to, hand digging, pot holing, soft digging, vacuum excavation methods, pneumatic hand tools, other mechanical methods with the approval of the facility owner or operator, or other generally accepted methods. For parallel type excavations, the existing facility shall be exposed at intervals as often as necessary to avoid damages.

(c) Any person engaged in blasting or in excavating with mechanized excavating equipment who strikes, damages, injures, or loosens any utility facility, regardless of whether the utility facility is marked, shall immediately cease such blasting or excavating and notify the utilities protection center and the appropriate facility owner or operator, if known. Upon receiving notice from the excavator or the utilities protection center, the facility owner or operator shall send personnel to the location as soon as possible to effect temporary or permanent repair of the damages. Until such time as the damage has

GEORGIA lAWS 2000 SESSION

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been repaired, no person shall engage in excavating or blasting activities that may cause further damage to the utility facility except as provided in Code Section 25-9-12.

25-9-9.

(a) For the purposes of this chapter, information concerning the location of utility facilities which is provided by a facility owner or operator to any person must be accurate to within 24 inches measured horizontally from the outer edge of either side of such utility facilities. If any utility facility becomes damaged by an excavator due to the furnishing of inaccurate information as to their location by the facility owner or operator, such excavator shall not be subject to any liability resulting from damage to the utility facility as a result of the blasting or excavating provided such person complies with the requirements of Code Section 25-9-8 and there is no visible and obvious evidence to the excavator of the presence of a mismarked utility facility.

(b) Upon documented evidence that the person seeking information as to the location of utility facilities has incurred losses or expenses due to inaccurate information, lack of information, or unreasonable delays in supplying information by the facility owners or operators, the facility owners or operators shall be liable to that person for any such losses or expenses.

25-9-IO.

This chapter does not affect and is not intended to affect any right, title, power, or interest which any facility owner or operator may have with relation to any utility facility or to any easement, right of way, license, permit, or other interest in or with respect to the land on which the utility facility is located.

25-9-11.

This chapter does not affect and is not intended to affect any rights, powers, interest, or liability of the state or the Department of Transportation with respect to the state highway system, the county road system, or the municipal street system, or of a county with respect to the county road system or of a municipality with respect to the city street system, with relation to any utility facility which is or may be installed within the limits of any public road or street right of way, whether the installation is by written or verbal permit, easement, or any form of agreement whatsoever.

25-9-12.

The notice requirements provided by Code Section 25-9-6 shall not be required of persons performing emergency excavations or excavation in extraordinary circumstances; provided, however, any person who engages in an emergency excavation or excavation in extraordinary circumstances shall

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GENERAL ACTS AND RESOLUTIONS, VOL. I

take all reasonable precautions to avoid or minimize damage to any existing utility facilities; provided, further, any person who engages in an emergency excavation or excavation in extraordinary circumstances shall give notice of the emergency excavation as soon as practical to the utilities protection center. In giving such notice, such person must specifically identify the dangerous condition involved. If it is later determined by the commission that the excavation did not qualify as an emergency excavation, all liabilities and penalties will accrue as if no notice had been given.

25-9-13.
(a) Any person who violates the requirements of Code Section 25-9-6 and whose subsequent excavating or blasting damages utility facilities shall be strictly liable for:
(1) Any cost incurred by the facility owner or operator in repairing or replacing its damaged facilities; and
(2) Any injury or damage to persons or property resulting from damaging the utility facilities.
(b) Any such person shall also indemnify the affected facility owner or operator against all claims, if any, for personal injury, property damage, or service interruptions resulting from damaging the utility facilities. Such obligation to indemnify shall not apply to any county, city, town, or state agency to the extent permitted by law.

(c) In addition to the other provisions of this Code section, a state examining board shall be authorized to suspend or revoke any professional or occupational license, certificate, or registration issued to a person pursuant to Title 43 whenever such person violates the requirements of Code Section 25-96 or 25-9-8.
(d) Subsections (a), (b), and (c) of this Code section shall not apply to any person who shall commence, perform, or engage in blasting or in excavating with mechanized equipment on any tract or parcel of land in any county in this state if the facility owner or operator to which notice was given respecting such blasting or excavating with mechanized equipment as prescribed in subsection (a) of Code Section 25-9-6 has failed to comply with Code Section 25-9-7 or has failed to become a member of the utilities protection center as required by Code Section 25-9-5.

(e) The commission shall enforce the provisions of this chapter. The commission may promulgate any rules and regulations necessary to implement the commission's authority to enforce this chapter.

(f) (1) The commission shall create an advisory committee consisting of representatives of the following groups and agencies: facility owner or operators; utilities protection center; excavators; municipalities; counties;

GEORGIA lAWS 2000 SESSION

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Georgia Department of Transportation; Governor's Office of Consumer Affairs; and underground line locators. The advisory committee shall consist of one representative from each of the above groups and agencies, with the exception of facility owners or operators and excavators, which groups shall each have two representatives on the advisory committee. The commission chairperson or such chairperson's representative shall also serve on the advisory committee. Persons appointed to the advisory committee shall have expertise with the subject matter encompassed by the provisions of this chapter.

(2) The advisory committee shall assist the commrsswn in the enforcement of this chapter, and shall perform duties to be assigned by the commission including, but not limited to, the review of reported violations of this chapter, and the preparation of recommendations to the commission as to the appropriate penalties to impose on persons violating the provisions of this chapter.

(3) The members of the advisory committee shall be immune, individually and jointly, from civil liability for any act or omission done or made in the performance of their duties while serving as members of such advisory committee, but only in the absence of willful misconduct.

(g) The commission may, by judgment entered after a hearing on notice duly served on any person not less than 30 days before the date of the hearing, impose a civil penalty not exceeding $10,000.00 for each violation, if it is proved that the person violated any of the provisions of this chapter, as a result of a failure to exercise reasonable care. Any proceeding or civil penalty undertaken pursuant to this Code section shall not prevent nor preempt the right of any party to obtain civil damages for personal injury or property damage in private causes of action. Except as otherwise provided by law, this subsection shall not authorize the commission to impose civil penalties on any county, city, town, or state agency. The commission shall inform the counties, cities, towns, or state agencies of reports of alleged violations involving the county, city, town, or state agency and, at the request of the county, city, town, or state agency, suggest corrective action. The fine provided for in this subsection shall not be imposed on a person engaged in farming activities on land such person owns or leases.

(h) All civil penalties collected pursuant to this Code section shall be deposited in the general fund of the state treasury."

SECTION 2.

This Act shall become effective on July 1, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 3.

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

Approved April 27, 2000.

EDUCATION - VETERANS DAY; OBSERVANCE BY PUBLIC SCHOOLS.
Code Section 20-2-146 Enacted. Code Section 20-2-168 Amended.
No. 694 (House Bill No. 68).
AN ACT
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide for instructional activity relating to Veterans Day; to provide that public elementary and secondary schools may be closed on November 11 of each year in honor of veterans; to provide for related matters; to repeal conflicting laws; and for other purposes.
WHEREAS, veterans of the armed forces of the United States have established an outstanding record of valor and service during periods of international conflict; and
WHEREAS, the exceptional leadership, courage, and commitment demonstrated by those who have served their country in times of war have created a proud and noble heritage; and
WHEREAS, our nation has been blessed with an abundance of men and women who have served with dedication to ensure that peace and freedom are preserved for others; and
WHEREAS, we must recognize the sacrifices made by committed members of the armed forces and affirm the ideals and principles they have been called to defend; and
WHEREAS, it is only fitting and proper that students, teachers, and administrators in the public schools be encouraged to observe November 11 each year with appropriate programs, ceremonies, and activities in honor of those who have served in our armed forces.
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1.

Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," is amended by adding at the end of Part 2, relating to competencies and core curriculum, a new Code Section 20-2-146 to read as follows:

"20-2-146.

On a school day on or immediately preceding or as close to the annual observance of Veterans Day as practicable as determined by a school's scheduled curriculum, each elementary and secondary school may provide for instructional activity focusing on the contributions of veterans and the importance of the armed forces of the United States."

SECTION 2.

Said article is further amended by striking in its entirety paragraph (1) of subsection (c) of Code Section 20-2-168, relating to distribution of federal funds by the State Board of Education, combined purchase of supplies and equipment, minimum school year, summer school programs, and year-round operation, and inserting in lieu thereof a new paragraph (1) to read as follows:

"(c) (1) Except as otherwise provided in this Code section, public elementary and secondary schools of this state receiving state aid under this article shall provide each eligible student with access to no less than 180 school days of education each fiscal year. The State Board of Education shall define a school year, which shall be no less than 180 days of instruction in accordance with the provisions of this subsection, shall define the length of the school day, and shall provide that all public elementary and secondary schools may be closed for instruction on November 11 of each year as determined by each local board of education to enable students, teachers, and administrators to participate in Veterans Day programs to honor veterans of the armed forces."

SECTION 3.

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

Approved April 27, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

lABOR AND INDUSTRIAL RELATIONS - WORKERS' COMPENSATION; MEMBERS OF GEORGIA NATIONAL GUARD OR STATE DEFENSE FORCE.

Code Sections 34-9-1 and 34-9-260 Amended.

No. 695 (House Bill No. 1391).

AN ACT

To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change the definition of the term "employee"; to provide that a member of the State Defense Force serving on state active duty in certain circumstances is an employee; to change the definition of the term "injury"; to provide that an injury arising in the course of employment includes any injury incurred by a member of the Georgia National Guard or State Defense Force while serving on state active duty or when traveling to and from state active duty; to provide a method for computing the average weekly wage of a member of the State Defense Force serving on state active duty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended in Code Section 34-9-1, relating to definitions relative to workers' compensation, by striking in their entirety paragraphs (2) and (4) and inserting in lieu thereof the following:

"(2) 'Employee' means every person in the service of another under any contract of hire or apprenticeship, written or implied, except a person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer; and, except as otherwise provided in this chapter, minors are included even though working in violation of any child labor law or other similar statute; provided, however, that nothing contained in this chapter shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, if the employee dies, include such employee's legal representatives, dependents, and other persons to whom compensation may be payable pursuant to this chapter. All firefighters, law enforcement personnel, and personnel of emergency management or civil defense agencies, emergency medical services, and rescue organizations whose compensation is paid by the state or any county or municipality, regardless of the method of appointment, and all full-time county employees and employees of elected salaried county officials are specifically included in this definition. There shall also be included within such term any volunteer firefighter of any county or municipality of this state, but only for services rendered in such capacity which are not prohibited by Code Section 38-3-36 and only

GEORGIA LAWS 2000 SESSION

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if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer firefighters; any volunteer law enforcement personnel of any county or municipality of this state who are certified by the Georgia Peace Officer Standards and Training Council, for volunteer law enforcement services rendered in such capacity which are not prohibited by Code Section 38-3-36 and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer law enforcement personnel; any person who is a volunteer member or worker of an emergency management or civil defense organization, emergency medical service, or rescue organization, whether governmental or not, of any county or municipality of this state for volunteer services, which are not prohibited by Code Section 38-3-36, rendered in such capacity and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer members or workers; and any person certified by the Department of Human Resources or the Composite State Board of Medical Examiners and registered with any county or municipality of this state as a medical first responder for any volunteer first responder services rendered in such capacity, which are not prohibited by Code Section 38-3-36 and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such responders. The various elected county officers and elected members of the governing authority of an individual county shall also be included in this definition, if the governing authority of said county shall provide therefor by appropriate resolution. For the purposes of workers' compensation coverage, employees of county and district health agencies established under Chapter 3 of Title 31 are deemed and shall be considered employees of the State of Georgia and employees of community service boards established under Chapter 2 of Title 37 shall be considered to be employees of the state. For the purpose of workers' compensation coverage, members of the Georgia National Guard and the State Defense Force serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be employees of this state. A person shall be an independent contractor and not an employee if such person has a written contract as an independent contractor and if such person buys a product and resells it, receiving no other compensation, or provides an agricultural service or such person otherwise qualifies as an independent contractor. Notwithstanding the foregoing provisions of this paragraph, any officer of a corporation may elect to be exempt from coverage under this chapter by filing written certification of such election with the insurer or, if there is no insurer, the State Board of Workers' Compensation as provided in Code Section 34-9-2.1. For purposes of this

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GENERAL ACTS AND RESOLUTIONS, VOL. I

chapter, an owner-operator as such term is defined in Code Section 40-287 shall be deemed to be an independent contractor. Inmates or persons participating in a work release program, community service program, or similar program as part of the punishment for violation of a municipal ordinance pursuant to Code Section 36-32-5 or a county ordinance or a state law shall not be deemed to be an employee while participating in work or training or while going to and from the work site or training site, unless such inmate or person is employed for private gain in violation of Code Section 42-1-5 or Code Section 42-8-70 or unless the municipality or county had voluntarily established a policy, on or before January 1, 1993, to provide workers' compensation benefits to such individuals."

"(4) 'Injury' or 'personal injury' means only injury by accident arising out of and in the course of the employment and shall not, except as provided in this chapter, include a disease in any form except where it results naturally and unavoidably from the accident. Except as otherwise provided in this chapter, 'injury' and 'personal injury' shall include the aggravation of a preexisting condition by accident arising out of and in the course of employment, but only for so long as the aggravation of the preexisting condition continues to be the cause of the disability; the preexisting condition shall no longer meet this criteria when the aggravation ceases to be the cause of the disability. 'Injury' and 'personal injury' shall not include injury caused by the willful act of a third person directed against an employee for reasons personal to such employee, nor shall 'injury' and 'personal injury' include heart disease, heart attack, the failure or occlusion of any of the coronary blood vessels, stroke, or thrombosis unless it is shown by a preponderance of competent and credible evidence, which shall include medical evidence, that any of such conditions were attributable to the performance of the usual work of employment. Alcoholism and disabilities attributable thereto shall not be deemed to be 'injury' or 'personal injury' by accident arising out of and in the course of employment. Drug addiction or disabilities resulting therefrom shall not be deemed to be 'injury' or 'personal injury' by accident arising out of and in the course of employment except when such addiction or disability resulted from the use of drugs or mediciPes prescribed for the treatment of the initial injury by an authorized physician. Notwithstanding any other provision of this chapter, and solely for members of the Georgia National Guard and State Defense Force, an injury arising in the course of employment shall include any injury incurred by a member of the Georgia National Guard or State Defense Force while serving on state active duty or when traveling to and from state active duty."

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SECTION 2.

Said chapter is further amended in Code Section 34-9-260, relating to basis and method for computing compensation, by striking in its entirety paragraph (6) and inserting in lieu thereof the following:

"(6) The average weekly wage of a member of the Georgia National Guard or State Defense Force serving on state active duty pursuant to an order by the Governor shall be the greater of:

(A) Seven-thirtieths of the monthly pay and allowances of the individual at the time of the injury, computed in accordance with Code Section 38-2-250, adjusted from time to time for appropriated increases in such monthly pay and allowances, excluding longevity increases; or

(B) If the injured member of the Georgia National Guard or the State Defense Force worked at the time of the injury in any employment other than serving as a member of the Georgia National Guard or the State Defense Force, the average weekly wage of the individual in such other employment as determined pursuant to paragraphs (1) through (5) of this Code section or, if such individual worked at the time of the injury for more than one employer, the average combined weekly wage of the individual in such multiple employment as determined pursuant to paragraphs (1) through (5) of this Code section."

SECTION 3.

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

Approved April 27, 2000.

MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS GEORGIA VETERANS CEMETERY
Code Sections 38-4-70 through 38-4-72 Amended.
No. 696 (House Bill No. 1396).
AN ACT
To amend Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans benefits, so as to provide for the establishment of a Georgia Veterans Cemetery; to provide for eligibility for interment in the Georgia Veterans Cemetery; to provide that the Department of Veterans Service has the primary responsibility for verifYing eligibility for interment in the Georgia Veterans Cemetery; to provide for control of the Georgia Veterans Cemetery and application for interment; to provide that the Department of Veterans Service is designated as the agency of this state to receive federal aid

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GENERAL ACTS AND RESOLUTIONS, VOL. I

and other sources of income to assist the state in establishing, operating, and maintaining a veterans' cemetery; to provide that the Department of Veterans Service is authorized to employ such personnel as it may deem necessary to carry out its duties and responsibilities under this Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans benefits, is amended by striking in its entirety Part 3, relating to the establishment of a war veterans cemetery and eligibility for interment, and inserting in lieu thereof a new Part 3 to read as follows:

"Part 3

38-4-70.

(a) The Department of Veterans Service is authorized to establish, operate, and maintain a Georgia Veterans Cemetery in this state.

(b) The Department of Veterans Service has the primary responsibility for verifying eligibility for interment in the Georgia Veterans Cemetery. Eligibility criteria for interment in the Georgia Veterans Cemetery is the same as required for interment in a national cemetery as provided by federal law and rules and regulations applicable thereto; provided, however, that to be eligible for interment a veteran must have been a legal resident of Georgia for two years immediately prior to his or her death.

38-4-71.

(a) The Georgia Veterans Cemetery shall be under the control and administration of the Department of Veterans Service.

(b) Applications for interment in the Georgia Veterans Cemetery shall be processed in accordance with rules and regulations promulgated by the Department of Veterans Service.

38-4-72.

The Department of Veterans Service is designated as the agency of this state
3S to receive federal aid under Title U.S.C., as amended, and is authorized
and directed to receive from the United States Department of Veterans Affairs or any other agency of the United States authorized to grant or expend funds to assist a state in establishing, operating, and maintaining a veterans' cemetery. The Department of Veterans Service is authorized to receive gifts, contributions, bequests, and individual reimbursements from any source, the receipt of which shall not exclude any other source of revenue. All funds received by the Department of Veterans Service pursuant to this Code sec-

GEORGIA LAWS 2000 SESSION

799

tion shall be expended to establish, operate, and maintain a veterans' cemetery in this state. The Department of Veterans Service is authorized to employ such personnel as it may deem necessary to carry out its duties and responsibilities under this part."

SECTION 2.

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

Approved April 27, 2000.

REVENUE AND TAXATION - AD VALOREM TAXES; HOMESTEAD EXEMPTION FOR SURVIVING SPOUSES OF CERTAIN ARMED FORCES
MEMBERS KILLED IN ACTION; REFERENDUM.
Code Section 48-5-52.1 Enacted.
No. 697 (House Bill No. 446).
AN ACT
To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide that any person who is a citizen and resident of Georgia and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all ad valorem taxation for state, county, municipal, and school purposes in the same amount as that to which a disabled veteran is entitled under other provisions of law; to provide conditions of eligibility; to provide for proof of eligibility; to provide procedures and for administration by tax officials; to provide that the exemption granted by this Act shall be in lieu of and not in addition to certain other exemptions on homesteads; to provide for applicability; to provide for a referendum; to provide effective dates; to provide for automatic repeal of this Act under certain conditions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, is amended by adding between Code Sections 48-5-52 and 48-5-53 a new Code Section 48-5-52.1 to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"48-5-52.1.

(a) Any person who is a citizen and resident of Georgia and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all ad valorem taxation for state, county, municipal, and school purposes in the amount of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended. As of January 1, 1999, the maximum amount which may be granted to a disabled veteran under the above-stated federal law is $43,000.00. For the purposes of this Code section, the term 'unremarried surviving spouse' of a member of the armed forces includes the unmarried widow or widower of a member of the armed forces who is receiving spousal benefits from the United States Department of Veterans Affairs. The exemption shall be on the homestead which the unremarried surviving spouse owns and actually occupies as a residence and homestead. In the event such surviving spouse remarries, such person shall cease to be qualified to continue the exemption under this Code section effective December 31 of the taxable year in which such person remarries. The value of all property in excess of such exemption granted to such unremarried surviving spouse shall remain subject to taxation.

(b) In order to qualify for the exemption provided for in this Code section, the unremarried surviving spouse shall furnish to the tax commissioner of the county of residence documents from the Secretary of Defense evidencing that such unremarried surviving spouse receives spousal benefits as a result of the death of such person's spouse who as a member of the armed forces of the United States was killed while on active duty or while performing authorized travel to or from active duty during any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, pursuant to the Survivor Benefit Plan under Subchapter II of Chapter 73 of Title 10 of the United States Code or pursuant to any preceding or subsequent federal law which provides survivor benefits for spouses of members of the armed forces killed in any war or armed conflict.

(c) An unremarried surviving spouse filing for the exemption under this Code section shall be required to file with the tax commissioner information relative to marital status and other such information which the county board of tax assessors deems necessary to determine eligibility for the exemption. Each unremarried surviving spouse shall file for the exemption only once with the tax commissioner. Once filed, the exemption shall automatically be renewed from year to year, except that the county board of tax assessors may require annually that the holder of an exemption substantiate his or

GEORGIA lAWS 2000 SESSION

801

her continuing eligibility for the exemption. It shall be the duty of any person granted the homestead exemption under this Code section to notify the tax commissioner in the event that person for any reason becomes ineligible for such exemption.

(d) The exemption granted by this Code section shall be in lieu of and not in addition to any other exemption from ad valorem taxation for state, county, municipal, and school purposes which is equal to or lower in amount than such exemption granted by this Code section. If the amount of any other exemption from ad valorem taxation for state, county, municipal, and school purposes applicable to any resident qualifying under this Code section is greater than or is increased to an amount greater than the amount of the applicable exemption granted by this Code section, such other exemption shall apply and shall be in lieu of and not in addition to the exemption granted by this Code section.

(e) The exemptions granted by this Code section shall apply to the tax year beginning on January 1, 2001, and all tax years thereafter."

SECTION 2.

Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of the November, 2000, general election. The Secretary of State shall issue the call and conduct that election as provided by general law. The Secretary of State shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in the state. The ballot shall have written or printed thereon the words:

"( YES Shall the Act be approved which provides that any person who is a citizen and resident of Georgia and who is
NO an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all ad valorem taxation for state, county, municipal, and school purposes in the same amount as that to which a disabled veteran is entitled under other provisions of law?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section

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GENERAL ACTS AND RESOLUTIONS, VOL. I

1 of this Act shall become of full force and effect on January 1, 2001, and shall apply to all taxable years beginning on or after such date. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
SECTION 3.

Except as provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.

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

Approved April 27, 2000.

INSURANCE - HEALTH; MANAGED CARE PLANS; PREFERRED PROVIDER ARRANGEMENTS; DISCLOSURES; FEES; COVERAGE DENIAL
APPEALS.
Code Sections 33-20A-5 and 33-30-23 Amended.
No. 698 (Senate Bill No. 432).
AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for additional disclosures in managed care plans and preferred provider arrangements; to provide for physician fees and negotiations in such plans and arrangements; to provide for denial of services in such plans and arrangements and provide for appeals of such denials; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-20A-5, relating to standards for certification of managed care plans, and inserting in its place the following:
"33-20A-5.
The Commissioner shall establish standards for the certification of qualified managed care plans that conduct business in this state. Such standards must include the following provisions:

GEORGIA LAWS 2000 SESSION

803

( 1) DISCLOSURE TO ENROLLEES AND PROSPECTIVE ENROLLEES.

(A) A managed care entity shall disclose to enrollees and prospective enrollees who inquire as individuals into a plan or plans offered by the managed care entity the information required by this paragraph. In the case of an employer negotiating for a health care plan or plans on behalf of his or her employees, sufficient copies of disclosure information shall be made available to employees upon request. Disclosure of information under this paragraph shall be readable, understandable, and on a standardized form containing information regarding all of the following for each plan it offers:

(i) The health care services or other benefits under the plan offered as well as limitations on services, kinds of services, benefits, or kinds of benefits to be provided, which disclosure may also be published on an Internet service site made available by the managed care entity at no cost to such enrollees;

(ii) Rules regarding copayments, prior authorization, or review requirements including, but not limited to, preauthorization review, concurrent review, postservice review, or postpayment review that could result in the patient's being denied coverage or provision of a particular service;

(iii) Potential liability for cost sharing for out of network services, including but not limited to providers, drugs, and devices or surgical procedures that are not on a list or a formulary;

(iv) The financial obligations of the enrollee, including premiums, deductibles, copayments, and maximum limits on out-of-pocket expenses for items and services (both in and out of network);

(v) The number, mix, and distribution of participating providers. An enrollee or a prospective enrollee shall be entitled to a list of individual participating providers upon request, and the list of individual participating providers shall also be updated at least every 30 days and may be published on an Internet service site made available by the managed care entity at no cost to such enrollees;

(vi) Enrollee rights and responsibilities, including an explanation of the grievance process provided under this article;

(vii) An explanation of what constitutes an emergency situation and what constitutes emergency services;

(viii) The existence of any limited utilization incentive plans;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(ix) The existence of restrictive formularies or prior approval requirements for prescription drugs. An enrollee or a prospective enrollee shall be entitled, upon request, to a description of specific drug and therapeutic class restrictions;

(x) The existence of limitations on choices of health care providers;

(xi) A statement as to where and in what manner additional information is available;

(xii) A statement that a summary of the number, nature, and outcome results of grievances filed in the previous three years shall be available for inspection. Copies of such summary shall be made available at reasonable costs; and

(xiii) A summary of any agreements or contracts between the managed care plan and any health care provider or hospital as they pertain to the provisions of Code Sections 33-20A-6 and 33-20A-7. Such summary shall not be required to include financial agreements as to actual rates, reimbursements, charges, or fees negotiated by the managed care plan and any health care provider or hospital; provided, however, such summary may include a disclosure of the category or type of compensation, whether capitation, fee for service, per diem, discounted charge, global reimbursement payment, or otherwise, paid by the managed care plan to each class of health care provider or hospital under contract with the managed care plan.

(B) Such information shall be disclosed to each enrollee under this article at the time of enrollment and at least annually thereafter.

(C) Any managed care plan licensed under Chapter 21 of this title is deemed to have met the certification requirements of this paragraph.

(D) A managed care entity which negotiates with a primary care physician to become a health care provider under a managed care plan shall furnish that physician, beginning on and after January 1, 2001, with a schedule showing fees payable for common office based services provided by such physicians under the plan;

(2) ACCESS TO SERVICES. A managed care entity must demonstrate that its plan:

(A) Makes benefits available and accessible to each enrollee electing the managed care plan in the defined service area with reasonable promptness and in a manner which promotes continuity in the provision of health care services;

(B) When medically necessary provides health care services 24 hours a day and seven days a week;

GEORGIA LAWS 2000 SESSION

805

(C) Provides payment or reimbursement for emergency services and out-of-area services; and

(D) Complies with the provisions of Code Section 33-20A-9.1 relating to nomination and reimbursement of out of network health care providers and hospitals; and

(3) QUALITY ASSURANCE PROGRAM. A managed care plan shall comply with the following requirements:

(A) A managed care plan must have arrangements, established in accordance with regulations of the Commissioner, for an ongoing quality assurance program for health care service it provides to such individuals; and

(B) The quality assurance program shall:

(i) Provide for a utilization review program which, in addition to the requirements of Chapter 46 of this title:

(I) Stresses health outcomes;

(II) Provides for the establishment of written protocols for utilization review, based on current standards of the relevant health care profession;

(III) Provides review by physicians and appropriate health care providers of the process followed in the provision of such health care services;

(IV) Monitors and evaluates high volume and high risk services and the care of acute and chronic conditions;

(V) Evaluates the continuity and coordination of care that enrollees receive; and

(VI) Has mechanisms to detect both underutilization and overutilization of services; and

(ii) Establish a grievance procedure which provides the enrollee with a prompt and meaningful hearing on the issue of denial, in whole or in part, of a health care treatment or service or claim therefor. Such hearing shall be conducted by a panel of not less than three persons, at least one member of which shall be a physician other than the medical director of the plan and at least one member of which shall be a health care provider competent by reason of training and licensure in the treatment or procedure which has been denied. The enrollee shall be provided prompt notice in writing of the outcome of the grievance procedure. In the event the outcome of the grievance is favorable to the enrollee, appropriate relief shall be granted with-

806

GENERAL ACTS AND RESOLUTIONS, VOL. I

out delay. In the event the outcome is adverse to the enrollee, the notice shall include specific findings related to the care, the policies and procedures relied upon in making the determination, the physician's and provider's recommendations, including any recommendations for alternative procedures or services, and a description of the procedures, if any, for reconsideration of the adverse decision."

SECTION 2.

Said title is further amended by striking Code Section 33-30-23, relating to standards for preferred provider arrangements, and inserting in its place the following:

"33-30-23.

(a) Notwithstanding any provisions of law to the contrary, any health care insurer may enter into preferred provider arrangements as provided in this article. Such arrangements shall:

(1) Establish the amount and manner of payment to the preferred provider;
(2) Include fair, reasonable, and equitable mechanisms for the assignment and payment of benefits to nonpreferred providers;

(3) (A) Include mechanisms which are designed to minimize the cost of the health benefit plan such as the review or control of utilization of health care services.

(B) Include procedures for determining whether health care services rendered are medically necessary;

(4) Provide to covered persons eligible to receive health care services under that arrangement a statement of benefits under the arrangement and, at least every 60 days, an updated listing of physicians who are preferred providers under the arrangement, which statement and listing may be made available by mail or by publication on an Internet service site made available by the health care insurer at no cost to such covered persons; and

(5) Require that the covered person, or that person's agent, parent, or guardian if the covered person is a minor, be permitted to appeal to a physician agent or employee of the health care insurer any decision to deny coverage for health care services recommended by a physician.

(b) Such arrangements shall not:

(1) Unfairly deny health benefits for medically necessary covered services;

GEORGIA LAWS 2000 SESSION

807

(2) Have differences in benefit levels payable to preferred providers compared to other providers which unfairly deny benefits for covered services;

(3) Have differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers which differ by more than 30 percentage points;

(4) Have a coinsurance percentage applicable to benefit levels for services provided by nonpreferred providers which exceeds 40 percent of the benefit levels under the policy for such services;

(5) Have an adverse effect on the availability or the quality of services; and

(6) Be a result of a negotiation with a primary care physician to become a preferred provider unless that physician shall be furnished, beginning on and after January 1, 2001, with a schedule showing common office based fees payable for services under that arrangement.

(c) (1) Notwithstanding the provisions of paragraphs (3) and (4) of subsection (b) of this Code section, health benefit plans providing incentives for covered persons to use pharmaceutical or dental services of preferred providers shall contain a provision which clearly identifies that the payment or reimbursement for a noncontracting provider of covered pharmaceutical or dental services shall be the same as the payment or reimbursement for a preferred provider of covered pharmaceutical or dental services; provided, however, the health benefit plan shall not be required to make payment or reimbursement in an amount which is greater than the actual fee charged by the provider for the dental or pharmaceutical services rendered.

(2) Notwithstanding any provisions of this title to the contrary, paragraphs (3) and (4) of subsection (b) of this Code section shall not apply to routine physical examinations covered under a health benefit plan.

(d) If an entity enters into a contract providing covered services with a health care provider, but is not engaged in activities which would require it to be licensed as a health care insurer, such entity shall file with the Commissioner information describing its activities and a description of the contract or agreement it has entered into with the health care providers. Employers who enter into contracts with health care providers for the exclusive benefit of their employees and dependents are exempt from this requirement.

(e) Any other provision of law to the contrary notwithstanding, if a covered person provides in writing to a health care provider, whether the health care provider is a preferred provider or not, that payment for health care services shall be made solely to the health care provider and be sent directly to the

808

GENERAL ACTS AND RESOLUTIONS, VOL. I

health care provider by the health care insurer, and the health care provider certifies to same upon filing a claim for the delivery of health care services, the health care insurer shall make payment solely to the health care provider and shall send said payment directly to the health care provider. This subsection shall not be construed to extend coverages or to require payment for services not otherwise covered."
SECTION 3.

This Act shall become effective July 1, 2000, and shall be applicable to any contract, policy, or other agreement of a managed care plan or preferred provider arrangement if such contract, policy, or agreement provides for health care services or reimbursement therefor and is issued, issued for delivery, delivered, renewed, or executed on or after July 1, 2000.
SECTION 4.

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

Approved April 27, 2000.

CRIMINAL PROCEDURE - PLEAS OF GUILTY; ALIENS.
Code Section 17-7-93 Amended.
No. 699 (House Bill No. 584).
AN ACT
To amend Code Section 17-7-93 of the Official Code of Georgia Annotated, relating to arraignment and entry of plea in criminal cases, so as to provide that prior to acceptance of a plea of guilty, the court shall determine whether the defendant is freely entering the plea with an understanding as to its effect on his or her immigration status; 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 17-7-93 of the Official Code of Georgia Annotated, relating to arraignment and entry of plea in criminal cases, is amended by adding at its end a new subsection (c) to read as follows:
"(c) In addition to any other inquiry by the court prior to acceptance of a plea of guilty, the court shall determine whether the defendant is freely entering the plea with an understanding that if he or she is not a citizen of the United States, then the plea may have an impact on his or her immigra-

GEORGIA lAWS 2000 SESSION

809

tion status. This subsection shall apply with respect to acceptance of any plea of guilty to any state offense in any court of this state or any political subdivision of this state."

SECTION 2.

This Act shall become effective July 1, 2000, and shall apply with respect to pleas accepted on or after that date.

SECTION 3.

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

Approved April 27, 2000.

MOTOR VEHICLES AND TRAFFIC - BRAKES ON TRAILERS AND SEMITRAILERS.
Code Sections 40-8-50 and 46-7-26 Amended. Code Section 48-10-11 Repealed.
No. 700 (House Bill No. 1192).
AN ACT
To amend Part 3 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to vehicle brakes, so as to change certain provisions relating to brakes required on certain vehicles; to amend Code Section 46-7-26 of the Official Code of Georgia Annotated, relating to authority of the Public Service Commission to promulgate rules and regulations for safety, so as to provide for promulgation of certain rules or regulations; to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license plates and fees, so as to repeal certain provisions relating to prohibition of the operation of two-axle trailers of four or more wheels without certain brakes; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 3 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to vehicle brakes, is amended by striking Code Section 40-850, relating to brakes required on certain vehicles, and inserting in lieu thereof the following:
"40-8-50.
(a) As used in this Code section, the term:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) 'Gross combination weight rating (GCWR)' means the combined gross vehicle weight ratings of all vehicles in a combination of vehicles.

(2) 'Gross vehicle weight rating (GVWR)' means the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single or a combination (articulated) vehicle, the actual gross weight, or registered gross weight, whichever is greater.

(3) 'Hazardous material' has the meaning provided by Chapter 51 of Title 49 of the United States Code Annotated.

(4) 'Surge brakes' means a system of brakes on a trailer or semitrailer in which the trailer service brakes are activated as a result of the forward pressure of the trailer against the towing vehicle during deceleration.

(b) Every motor vehicle, other than a motorcycle or motor driven cycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure on any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.

(c) Every motorcycle and motor driven cycle manufactured after January 1, 1974, when operated upon a highway, shall be equipped with at least two brakes which may be operated by hand or foot.

(d) Except as otherwise provided in subsection (e) of this Code section, every trailer or semitrailer of 3,000 pounds gross weight or more shall be equipped with brakes on all wheels. Any farm trailer with two or more wheels, pulled from a tongue, used in or operated for farm purposes, including transporting fertilizer and agricultural materials to the farm, shall not be required to have an independent braking system thereon, provided such farm trailer shall not weigh over 4,000 pounds when empty.

(e) Any trailer or semitrailer may utilize surge brakes, subject to the following conditions and limitations:

(1) The vehicle or combination of vehicles does not include a vehicle designed or used to transport 16 or more passengers, including the driver;

(2) The trailer or semitrailer has a gross vehicle weight rating which does not exceed 12,000 pounds;

(3) The combination of vehicles does not exceed a gross combination weight rating of 26,000 pounds;

(4) The actual gross weight of the trailer or semitrailer and load does not exceed the manufacturer's gross vehicle weight rating;

GEORGIA lAWS 2000 SESSION

811

(5) The trailer or semitrailer brakes must be designed and connected in such a manner that in case of accidental breakaway of the towed vehicle the brakes shall apply automatically;

(6) The trailer or semitrailer is not used to transport hazardous materials in a type and quantity which requires placarding;

(7) The trailer or semitrailer is not used to transport liquids or gases contained in packaging which exceeds 119 gallons capacity; and

(8) For vehicles used for commercial purposes, the vehicle or combination of vehicles is used only in intrastate commerce and complies in all other respects with licensing, insurance, registration, identification, driver and vehicle safety, and hazardous materials regulations of the Georgia Public Service Commission and U. S. Department of Transportation applicable to such vehicles or combination of vehicles."

SECTION 2.

Code Section 46-7-26 of the Official Code of Georgia Annotated, relating to authority of Public Service Commission to promulgate rules and regulations for safety, is amended by striking paragraph (1) and inserting in lieu thereof the following:

"(1) Every motor vehicle and all parts thereof shall be maintained in a safe condition at all times; and the lights, brakes, and equipment shall meet such safety requirements as the commission shall from time to time promulgate. Specifically but without limitation, the commission shall promulgate rules or regulations for the safe operation of trailers or semitrailers effective on and after July 1, 2000, consistent with the applicable provisions of Code Section 40-8-50;"

SECTION 3.

Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license plates and fees, is amended by striking and reserving Code Section 48-10-11, relating to prohibition of the operation of two-axle trailers of four or more wheels without certain brakes, which reads as follows:

"48-10-11.

No two-axle trailers of four wheels or more shall be operated upon the public highways of the state unless the trailer is equipped with efficient power, hydraulic, or air brakes which are operated from the driver's seat of the tractor unit."

812

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 4.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of promulgation of rules or regulations by the Public Service Commission. For all other purposes, this Act shall become effective July 1, 2000.

SECTION 5.

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

Approved April 27, 2000.

PROFESSIONS AND BUSINESSES- DENTAL HYGIENISTS; LICENSING.
Code Section 43-11-71 Amended.
No. 701 (House Bill No. 634).
AN ACT
To amend Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, so as to change the provisions regarding qualifications for licenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, is amended by striking Code Section 43-11-71, relating to qualifications for licenses, and inserting in its place the following:
"43-11-71.
No person shall be entitled to or be issued such license as set out in Code Section 43-11-70 unless such person is at least 18 years of age, of good moral character, and a graduate of a dental hygiene program recognized by the board and accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency which is operated by a school or college accredited by an institutional accrediting agency recognized by the United States Department of Education whose curriculum is at least two academic years of courses at the appropriate level and at the completion of which an associate or baccalaureate degree is awarded."

GEORGIA lAWS 2000 SESSION

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SECTION 2.

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

Approved April 27, 2000.

REVENUE AND TAXATION - AD VALOREM TAXES; EXEMPTION FOR ELKS LODGE PROPERTY; REFERENDUM.
Code Section 48-5-41 Amended.
No. 702 (House Bill No. 1247).
AN ACT
To amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, so as to provide an ad valorem tax exemption with respect to property of Elks Lodges; to provide for conditions and limitations; to provide for applicability; to provide for effective dates; to provide for a special election; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, is amended in subsection (a) by striking "and" at the end of paragraph (14); by striking the period and inserting in its place "; and" at the end of paragraph (15); and by adding a new paragraph immediately following paragraph (15), to be designated paragraph (16), to read as follows:
"(16) Property which is exclusively owned by an Elks Lodge and used exclusively for charitable, fraternal, or benevolent purposes."
SECTION 2.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of the November, 2000, state-wide general election. The Secretary of State shall issue the call and conduct that election as provided by general law. The Secretary of State shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in this state. The ballot shall have written or printed thereon the words:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"( ) YES ) NO

Shall the Act be approved which provides an ad valorem tax exemption with respect to the property of Elks Lodges?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect on January 1, 2001, and shall be applicable to all taxable years beginning on or after that date. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.

SECTION 3.

Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.

Approved April 27, 2000.

PROFESSIONS AND BUSINESSES - COSMETOLOGISTS; COSMETOLOGY
Code Title 43, Chapter 10 Amended.
No. 703 (Senate Bill No. 95).
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to education and training of persons regulated by the State Board of Cosmetology; to require certain continuing education; to require licensing of instructors in private cosmetology schools; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Chapter 10, relating to cosmetologists, and inserting in its place the following:
"CHAPTER 10

GEORGIA LAWS 2000 SESSION

815

43-10-1.

As used in this chapter, the term:

(1) 'Beautician' means 'cosmetologist' as such term is defined in this Code section.

(2) 'Beauty shop' or 'beauty salon' means any premises where one or more persons engage in the occupation of cosmetology.

(3) 'Board' means the State Board of Cosmetology.

(4) 'Cosmetologist' means any person who performs any one or more of the following services for compensation:

(A) Cuts or dresses the hair;

(B) Gives facial or scalp massage or facial and scalp treatment with oils or creams and other preparations made for this purpose, either by hand or mechanical appliance;

(C) Singes and shampoos the hair, dyes the hair, or does permanent waving of the hair;

(D) Braids the hair by hairweaving; interlocking; twisting; plaiting; wrapping by hand, chemical or mechanical devices; or using any natural or synthetic fiber for extensions to the hair;

(E) Performs nail care, pedicure, or manicuring services as defined in paragraph (6) of this Code section; or

(F) Performs the services of an esthetician as defined in paragraph (5) of this Code section.

Such person shall be considered as practicing the occupation of a cosmetologist within the meaning of this Code section.

(5) 'Esthetician' or 'esthetics operator' means a person who, for compensation, engages in any one or a combination of the following practices, esthetics, or cosmetic skin care:

(A) Massaging the face or neck of a person;

(B) Trimming eyebrows;

(C) Dyeing eyelashes or eyebrows; or

(D) Waxing, stimulating, cleansing, or beautifying the face, neck, arms, or legs of a person by any method with the aid of the hands or any mechanical or electrical apparatus or by the use of a cosmetic preparation.

816

GENERAL ACTS AND RESOLUTIONS, VOL. I

Such practices of esthetics shall not include the diagnosis, treatment, or therapy of any dermatological condition.

(6) 'Master cosmetologist' means a cosmetologist who is possessed of the requisite skill and knowledge to perform properly all the services mentioned in paragraph (4) of this Code section for compensation.

(7) 'Nail technician' means a person who, for compensation, trims, files, shapes, decorates, applies sculptured or otherwise artificial nails, or in any way cares for the nails of another person.

(8) 'School of cosmetology' means any establishment that receives compensation for training more than one person in the occupation of cosmetology as defined in paragraph (4) of this Code section. Technical institutes whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of cosmetology' within the meaning of this chapter.

(9) 'School of esthetics' means any establishment that receives compensation for training more than one person in the occupation of esthetics as defined in paragraph (5) of this Code section. Technical institutes whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of esthetics' within the meaning of this chapter.

(10) 'School of nail care' means any establishment that receives compensation for training more than one person in the occupation of nail care or manicuring as defined in paragraph (6) of this Code section. Technical institutes whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of nail care' within the meaning of this chapter.
43-10-2.

(a) There is created the State Board of Cosmetology. The board shall consist of eight members who shall be residents of this state. The board shall have the duty of carrying out and enforcing this chapter.

(b) Members of the board shall be at least 25 years of age and be high school graduates; and five of such members must have had at least five years of practical experience in the practice of cosmetology at the master level, a portion of which must have been as a beauty salon owner or manager. One member of the board must have had at least five years of practical experience in the practice of cosmetology at the esthetician level. One member of the board must have had at least five years of practical experience as a manicurist.

GEORGIA LAWS 2000 SESSION

817

(c) The board shall meet as necessary each year for the purpose of holding examinations, adopting rules and regulations, and handling other matters pertaining to duties of the board.

(d) No member of the board shall be affiliated with any school of cosmetology. One member shall not have any connection with the practice or business of cosmetology whatsoever, but he or she shall have a recognized interest in consumer affairs and in consumer protection concerns. No member of the board shall be affiliated or connected in any manner with any manufacturer or wholesale or jobbing house dealing with supplies sold to practitioners of cosmetology while in office.

(e) Board members shall be appointed by the Governor for a term of three years and until their successors are appointed and qualified. Vacancies shall be filled by the Governor for the unexpired portion of the term. The board may do all things necessary for carrying this chapter into effect and may, from time to time, promulgate necessary rules and regulations compatible with this chapter. The Governor may remove any board member for cause as provided in Code Section 43-1-17.

(f) Each year the members shall elect a chairman from among themselves. In the event the members cannot agree as to who shall be chairman, the Governor shall appoint one of such members as chairman. The chairman so elected or appointed shall be eligible to succeed himself or herself. The members of the board shall be considered public officers and shall take the oath required thereof.

(g) The board shall adopt a seal to be used to authenticate all its official papers and acts and shall have power to subpoena witnesses, administer oaths, and hear and take testimony in any matter over which it may have jurisdiction.

43-10-3.

Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.

43-10-4.

Reserved. 43-10-5.

The joint-secretary shall keep a record of all proceedings of the board. Such records shall be prima-facie evidence of all matters required to be kept therein, and certified copies of the same or parts thereof shall be primary evidence of their contents. All such copies, other documents, or certificates

818

GENERAL ACTS AND RESOLUTIONS, VOL. I

lawfully issued upon the authority of the board shall, when authenticated under the seal of the board, be admitted in any investigation in any court or elsewhere without further proof.
43-10-6.

(a) The board is authorized to adopt reasonable rules and regulations prescribing the sanitary requirements of beauty shops, beauty salons, schools of cosmetology, schools of esthetics, and schools of nail care, subject to the approval of the Department of Human Resources, to cause the rules and regulations or any subsequent revisions to be in suitable form, and to transmit a copy thereof to the proprietor of each beauty shop, beauty salon, school of cosmetology, school of esthetics, or school of nail care. It shall be the duty of every proprietor or person operating a beauty shop, salon, school of cosmetology, school of esthetics, and school of nail care in this state to keep a copy of such rules and regulations posted in a conspicuous place in his or her business, so as to be easily read by his or her customers.

(b) The board is authorized to adopt reasonable rules and regulations requiring that persons licensed under this chapter undergo instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome.
(c) Any inspector employed by the joint-secretary shall have the power to enter and make reasonable examination of any beauty shop, salon, and school in the state during business hours for the purpose of enforcing the rules and regulations of the board and for the purpose of ascertaining the sanitary conditions thereof.
(d) Any beauty shop, salon, or school in which tools, appliances, and furnishings used therein are kept in an unclean and unsanitary condition so as to endanger health is declared to be a public nuisance.
43-10-7.

It shall be the duty of the board to issue through the joint-secretary those certificates of registration for which provision is made in this chapter.
43-10-8.
(a) It shall be unlawful for any person to pursue the occupation of cosmetology in this state unless he or she has first completed the required hours for and obtained the appropriate certificate of registration as provided in this chapter.
(b) It shall be unlawful for any person to hold himself or herself out as a master cosmetologist without having first obtained the certificate of registration for such. Such person shall be authorized to perform all the services mentioned in paragraph (4) of Code Section 43-10-1. Nothing in this chap-

GEORGIA LAWS 2000 SESSION

819

ter shall prohibit any person who holds a valid master cosmetologist license in this state on March 29, 1983, from practicing at the master cosmetologist level as defined in paragraph (4) of Code Section 43-10-1.

(c) Notwithstanding any other provisions of this chapter, any person desiring to perform solely cosmetic skin care services shall be allowed to obtain a certificate of registration at the esthetician level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (5) of Code Section 43-10-1.

(d) (1) Notwithstanding any other provlSlons of this chapter, any person desiring to perform solely cosmetic nail care services shall be allowed to obtain a certificate of registration at the nail technician level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (6) of Code Section 43-10-1.

(2) Notwithstanding any other provisions of this chapter, any person who has actively engaged in the practice of cosmetology, esthetics, or nail care on a military installation in Georgia for three years prior to July 1, 1985, shall be eligible to receive a certificate of registration at the cosmetology, esthetics, or nail care level upon proper proof of experience, application, and appropriate fee being submitted to the board on or before September 1, 1985.

(e) It shall also be unlawful for any person or persons to operate a beauty shop, beauty salon, school of cosmetology, school of esthetics, or school of nail care without first having obtained a certificate of registration for such shop, salon, or school as provided in this chapter. Any beauty shop, salon, or school shall register with the joint-secretary of the state examining boards prior to opening.

(f) This chapter shall have uniform application throughout the state so that no cosmetologist, beauty shop, school of cosmetology, school of esthetics, or school of nail care shall be exempt from regulation.

43-10-9.

(a) Any person desiring to obtain a certificate of registration to enable him or her to engage in the occupation of cosmetology shall make application through the joint-secretary to the board and shall present proof that he or she has obtained a high school diploma, a general educational diploma (GED), or passed a nationally recognized test. If, after review of the application, it is determined that the applicant is at least 17 years of age and has met the minimum educational requirements; is of good moral character; has completed a 1,500 credit hour study course with a minimum of nine months at a board approved school or has served as an apprentice in a beauty shop

820

GENERAL ACTS AND RESOLUTIONS, VOL. I

or beauty salon for a period of at least 3,300 credit hours; has practiced or studied the occupation of cosmetology; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in paragraph (4) of Code Section 43-10-1 and in all the duties and services incident thereto; shall pay to the joint-secretary an examination fee in such amount as shall be set by the board by regulation; and shall present himself or herself at the next meeting of the board held for examination of applicants at which such person is scheduled for examination and shall pass the examination, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of master cosmetologist.

(b) Should an applicant under this Code section fail to pass such an examination, the board shall furnish him or her a statement in writing, stating wherein the applicant was deficient. Nothing in this chapter shall be construed to prevent applicants from making subsequent applications to qualify under this Code section, provided they again pay the required examination fee.

(c) An approved applicant for examination under this Code section may be issued a work permit authorizing said applicant to practice such occupation until the release of the results of the examination for which the applicant is scheduled. If the applicant fails to appear for the examination or fails any portion of the examination, the work permit shall be revoked unless the applicant provides just cause to the board as to why the applicant was unable to appear for the examination.

(d) Should an applicant have a current cosmetology license in force from another state or country, or territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid to the joint-secretary a fee in such amount as shall be set by the board by regulation, the applicant may be issued, without examination, a certificate of registration at the appropriate level, entitling him or her to practice the occupation of cosmetology or the teaching of cosmetology at that level, unless the board, in its discretion, sees fit to require examination subject to the terms and provisions of this chapter.

(e) Any person desiring to obtain a certificate of registration at the esthetician level under the terms of this chapter shall make application through the joint-secretary to the board and shall present proof that he or she has completed the twelfth grade of school instruction or its substantial equivalent. If, after review of the application, it is determined that the applicant is at least 17 years of age and has met the minimum educational requirements; is of good moral character; has completed a 1,000 credit hour

GEORGIA LAWS 2000 SESSION

821

study course within a nine-month period at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 2,000 credit hours; has practiced or studied cosmetic skin care as defined in paragraph (5) of Code Section 43-10-1; is possessed of the requisite skill to perform properly these services; shall pay to the joint-secretary an examination fee in such amount as shall be set by the board by regulation; and shall present himself or herself at the next meeting of the board for examination of applicants at which such person is scheduled for examination and shall pass the examination, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of cosmetology at the esthetician level.

(f) Any person desiring to obtain a certificate of registration at the nail technician level under the terms of this chapter shall make application through the joint-secretary to the board and shall present proof that he or her has completed the twelfth grade of school instruction or its substantial equivalent. If, after review of the application, it is determined that the applicant is at least 17 years of age and has met the minimum educational requirements, is of good moral character, has completed a 525 credit hour study course with a minimum of four months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 1,050 credit hours, has practiced or studied nail care, is possessed of the requisite skill to perform properly these services, and the applicant pays to the joint-secretary an examination fee in such amount as shall be set by the board by regulation, presents himself or herself at the next meeting of the board held for examination of applicants at which such person is scheduled for examination, and passes the examination, then a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of cosmetology at the nail technician level.

(g) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration for the occupation of cosmetology, at the master level, the esthetician level, or the nail technician level if such person obtains his or her credit hour study at a State Board of Education approved school or a technical institute under the jurisdiction of the Department of Technical and Adult Education or the Department of Education rather than at a board approved school.

(h) A person licensed to practice barbering under Chapter 7 of this title shall be eligible to take the master cosmetologist examination provided for in this Code section if that person completes a board approved 250 hour prescribed course in an approved cosmetology school, submits a completed application, and pays the proper fees established by the board.

822

GENERAL ACTS AND RESOLUTIONS, VOL. I

43-10-10.
The holder of any certificate of registration issued under Code Section 4310-9 shall display the same in a conspicuous place in his or her shop or place of business. Certificates of registration issued under Code Section 4310-9 shall be renewable biennially. The holder shall pay to the joint-secretary a renewal fee in such amount as shall be set by the board by regulation and shall provide proof of completion of 10 hours of board approved continuing education since the date of issuance of the applicant's original or latest renewal license; provided, however, that the board may waive the requirement of payment and continuing education for any applicant having held a license in excess of 30 years where such applicant is elderly, inactive, or subject to hardships which in the judgment of the board justify a waiver. Upon failure to renew such certificate of registration, it shall stand automatically revoked; and the holder shall be disqualified from practicing the occupation of cosmetology under this chapter until all fees to date of application for reinstatement shall be paid and an application for reinstatement submitted along with a reinstatement fee in such amount as shall be set by the board by regulation. If the board is satisfied that the applicant for reinstatement meets all the qualifications set forth in this Code section and Code Section 43-10-9, the applicant shall be issued a new certificate of registration.
43-10-11.
All beauty shops, salons, schools of cosmetology, schools of esthetics, and schools of nail care shall be registered with the joint-secretary by the owner or manager. Such registration shall be made by the filing of an application on forms furnished by the joint-secretary; shall include the name and location of the beauty shop, salon, or school, the name and address of the owner, and the names and addresses of all instructors of the shop, salon, or school at the time of registration; and shall be accompanied by a registration fee in such amount as shall be set by the board by regulation. The board is authorized and directed to issue a certificate of registration to each shop, salon, or school so registering and paying such fee, which certificate shall be displayed in a conspicuous place in the registered shop, salon, or school.
43-10-12.
(a) (1) All schools of cosmetology, schools of esthetics, or schools of nail care shall:
(A) Cause to be registered with the board, at the time of opening, 15 bona fide students;
(B) Have not less than one instructor for every 20 students or a fraction thereof; and

GEORGIA lAWS 2000 SESSION

823

(C) Keep permanently displayed a sign reading 'School of Cosmetology,' 'School of Esthetics,' or 'School of Nail Care,' as the case may be; and all such signs shall also display the words 'Service by Students Only.' Where service is rendered by a student, no commissions or premiums shall be paid to such student for work done in the schools; nor shall any person be employed by the schools to render professional service to the public.

(2) All schools of cosmetology, schools of esthetics, and schools of nail care are required to keep in a conspicuous place in such schools a copy of the rules and regulations adopted by the board.

(3) All cosmetologists who take an apprentice pursuant to Code Section 43-10-14 shall file immediately with the board through the joint-secretary the name and age of such apprentice; and the board shall cause such information to be entered on a register kept by the joint-secretary for that purpose.

(b) Any person desiring to operate or conduct a school of cosmetology, school of esthetics, or school of nail care prior to opening shall first secure from the board a permit to do so and shall keep the permit prominently displayed in the school.

(c) The board shall have the right to pass upon the qualifications, appointments, courses of study, and hours of study in the school of cosmetology, school of esthetics, or school of nail care, provided that:

(1) All schools of cosmetology shall be required to teach the following courses: theory, permanent and cold waving, hair coloring and bleaching, hair and scalp treatments, hair and scalp conditioning, hair cutting and shaping, hairdressing, shampooing, styling, comb out, charm, reception, desk work, art and laboratory, facials, makeup and arching, skin care, nail care, state law, state rules and regulations, and any other subjects related to cosmetology and sanitation;

(2) All schools of esthetics shall be required to teach the following courses: theory, skin care, facials, makeup and arching, charm, reception, desk work, art and laboratory, massaging the face or neck, trimming eyebrows, dyeing, waxing, stimulating, cleansing, or beautifying, state law, state rules and regulations, and any other subjects related to esthetics and sanitation; and

(3) All schools of nail care shall be required to teach the following courses: theory, trimming, filing, shaping, decorating, sculpturing and artificial nails, nail care, charm, reception, desk work, art and laboratory, state law, state rules and regulations, and any other subjects related to nail care and sanitation.

824

GENERAL ACTS AND RESOLUTIONS, VOL. I

(d) (1) The board shall have the right to suspend or revoke the certificate, permit, or license of or to reprimand any such school of cosmetology, school of esthetics, or school of nail care, or instructor or teacher therein, for the violation of this chapter.
(2) The board shall have the same power and authority as to sanitary conditions over schools as it has over beauty shops and beauty salons.
(e) (1) All teachers or instructors shall devote their entire time to instruction of students. Any person desiring to teach or instruct in any school of cosmetology, school of esthetics, or school of nail care shall first file his or her application with the joint-secretary for a license therefor and shall pay an examination fee in such amount as shall be set by the board by regulation. A person desiring to teach at the master level shall satisfy the board that he or she holds a current cosmetology license at the master level and a diploma or certificate of 1,650 credit hours from a board approved school or a program approved by the Department of Technical and Adult Education or Department of Education, is a high school graduate, has 18 months' work experience in a beauty salon, and has one year's instructor training in a registered school of cosmetology or a technical school under the jurisdiction of the Department of Technical and Adult Education or Department of Education. A person holding a current cosmetology license at the master level who has completed the required board approved hours of continuing education and has board approved experience in education shall be permitted to take the examination to become an instructor. A person desiring to teach at the esthetician level shall satisfy the board that he or she holds a current cosmetology license at the esthetician or master level and a diploma or certificate of at least 1,000 credit hours from a board approved school or a program approved by the Department of Technical and Adult Education or Department of Education, is a high school graduate, has 18 months' work experience in a beauty salon, and has nine months' instructor training in a registered school of esthetics, school of cosmetology, or a technical school under the jurisdiction of the Department of Technical and Adult Education or Department of Education. A person desiring to teach at the nail technician level shall satisfy the board that he or she holds a current cosmetology license at the nail technician or master level and a diploma or certificate of at least 525 credit hours from a board approved school or a program approved by the Department of Technical and Adult Education or Department of Education, is a high school graduate or has passed a nationally recognized test, has 18 months' work experience in a beauty salon, and has six months' instructor training in a registered school of nail care, school of cosmetology, or a technical school under the jurisdiction of the Department of Technical and Adult Education or Department of Education. Such person shall also pass an examination at the appropriate level of instruction satisfactory

GEORGIA LAWS 2000 SESSION

825

to the board and, upon passage thereof, shall receive a license to teach cosmetology at the appropriate level. Any person who has actively engaged in the practice of esthetics or nail care for five years prior to July 1, 1985, shall be able to stand for examination to be licensed to teach at the appropriate level without meeting the credit hour and instructor training requirements, provided that such person holds a current license at the esthetician, nail technician, or master level, is a high school graduate or its equivalent, submits proper application and proof satisfactory to the board, and has paid or pays the required fees prior to November 1, 1985.

(2) Any teacher or instructor shall renew his or her license to teach cosmetology biennially by remitting with his or her application a renewal fee in such amount as shall be set by the board by regulation; provided, however, any teacher or instructor who fails to renew his or her certificate of registration to practice as a cosmetologist on or before the date established by the board by regulation shall automatically have his or her license to teach or instruct revoked. A person failing to renew his or her teacher's license within two years after expiration shall be required to qualify under this chapter for an examination for a teacher's license.

(3) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration as teacher or instructor who is certified by the Department of Education to teach cosmetology in the state public schools. The certification is limited to those persons who hold a current cosmetology license at the master level and also hold a diploma or certificate of 1,650 credit hours from a board approved school and have completed the three-year teachers training program required by the Department of Education. Such persons shall also pass an examination satisfactory to the board and, upon passage thereof, shall receive a license to teach cosmetology.

(f) All teachers or instructors of cosmetology at all levels seeking renewal of licenses are required to submit to the board proof of completion of 15 hours of continuing education in the cosmetology profession approved by the board at least half of which consists of instruction in teaching methods.

43-10-13.

(a) The board shall have the right to set a course of study for all students of the schools of cosmetology, schools of esthetics, and schools of nail care within this state.

(b) Before a student shall be eligible to take the examination provided for in Code Section 43-10-9, he or she shall first file with his or her application for examination a transcript showing the number of hours and courses completed from the school or shop attended by the student.

826

GENERAL ACTS AND RESOLUTIONS, VOL. I

43-10-14.
Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of cosmetology under a master cosmetologist, provided that such cosmetologist has had at least 36 months' experience and has held a license of a master cosmetologist for at least 36 months. In addition, nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of cosmetology under an instructor in a school of cosmetology who has been a cosmetologist for a period of at least 18 months and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of esthetics under a cosmetologist holding a master cosmetologist certificate or an esthetician certificate, provided that such cosmetologist has had at least 36 months' experience, or under an instructor in a school of cosmetology or school of esthetics who has been a licensed cosmetologist for a period of at least 18 months, is qualified to teach said practices, and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of nail care or manicuring under a cosmetologist holding a master cosmetologist certificate or a nail technician certificate, provided that such cosmetologist has had at least 36 months' experience, or under an instructor in a school of cosmetology or school of nail care who has been a licensed cosmetologist for a period of at least 18 months, is qualified to teach said practices, and has registered under this chapter. Any person registered as an apprentice under this Code section on June 30, 1997, shall be eligible to continue such apprenticeship under the person from whom that apprentice was learning the occupation of cosmetology, esthetics, or nail care or manicuring at the time of registration notwithstanding that the person under whom the apprentice was learning such occupation does not meet the 36 months' experience otherwise required by this Code section. Every shop owner shall have the responsibility for registering apprentices with the joint-secretary. The shop owner shall file a statement in writing, showing the apprentice's name and the address of the shop. The board shall have the authority to require the shop owner to furnish to the board the number of hours completed by the apprentice. The shop owner shall remit to the joint-secretary a fee in such amount as shall be set by the board by regulation for the registration of the apprentice. The apprentice shall receive a certificate of registration showing the capacity in which he or she is permitted to practice cosmetology. The certificate of registration shall be effective for a period of two years and maY be renewed at the end of such period upon the filing of an application on forms furnished by the joint-secretary and the payment of a renewal fee in such amount as shall be set by the board by regulation. A certificate of registration authorizing a person to learn the occupation of cosmetology

GEORGIA LAWS 2000 SESSION

827

under a cosmetologist shall not be renewed more than one time; and, upon the expiration of the last certificate of registration issued, such person shall not be permitted to practice in any capacity.

43-10-15.

(a) The board, acting upon its own knowledge or written or verified complaint filed by any person, shall have the power to reprimand or power to suspend, revoke, or cancel the certificate of registration of or refuse to grant, renew, or restore a certificate of registration to a holder of any certificate of registration issued pursuant to this chapter upon proof of any one of the following grounds:

(1) Willfully committing any false, fraudulent, or deceitful act or using any forged, false, or fraudulent document in connection with any requirement of this chapter or the rules and regulations of the board;

(2) Willfully failing at any time to comply with the requirements for a certificate of registration under this chapter;

(3) Practicing cosmetology under a false or assumed name;

(4) Willfully permitting an unlicensed person to practice, learn, or teach cosmetology;

(5) Knowingly performing an act which in any way assists an unlicensed person to practice, learn, or teach cosmetology; or

(6) Violating, directly or indirectly, or assisting in the violation of this chapter or any rule or regulation of the board.

(b) The board may impose a fine not to exceed $500.00 for each violation of any provision of subsection (a) of this Code section. 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 to determine whether revocation or other disciplinary action should be imposed on the licensee.

(c) The board, for good cause shown and under such conditions as it may prescribe, may restore a certificate of registration to any person, beauty shop or beauty salon, or school or college of cosmetology whose certificate of registration has been suspended, revoked, or canceled.

(d) Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall apply to any proceeding under this Code section.

828

GENERAL ACTS AND RESOLUTIONS, VOL. I

43-10-16.

The board may bring an action to enjoin any person, firm, or corporation from engaging in the occupation of cosmetology if such person, firm, or corporation, without being licensed or registered to do so by the board, engages in or practices the occupation of cosmetology. The action shall be brought in the county in which such person resides or, in the case of a firm or corporation, where the firm or corporation maintains its principal office; and, unless it appears that such person, firm, or corporation so engaging or practicing cosmetology is licensed or registered, the injunction shall be issued, and such person, firm, or corporation shall be perpetually enjoined from engaging in such activities throughout the state. It shall not be necessary in order to obtain the equitable relief provided in this Code section for the board to allege and prove that there is no adequate remedy at law. It is declared that the unlicensed activities referred to in this Code section are a menace and a nuisance dangerous to the public health, safety, and welfare.

43-10-17.

Notwithstanding any other provision of this chapter, a beauty shop or salon shall be authorized to employ persons to wash and shampoo hair, and such persons shall not be required to be registered by the board.

43-10-18.

(a) Nothing contained in this chapter nor any rule or regulation adopted in implementation hereof shall be construed to prohibit any person from operating a beauty shop within his or her home or residence, provided that such shop meets and complies with all of the provisions of this chapter and the rules and regulations promulgated by the board.

(b) It shall not be necessary for any person operating a beauty shop in a private home to post a sign denoting same to be a beauty shop unless the person elects to do so.

43-10-18.1.

A beauty shop or salon licensed under this chapter shall be authorized to employ a barber licensed under Chapter 7 of this title. A beauty shop or salon employing such a barber shall not be subject to the licen'.ure provisions of Chapter 7 of this title.

43-10-18.2.

Notwithstandiug any other provision of this chapter, premises made available for a beauty shop within a facility licensed as a nursing home pursuant to Article 1 of Chapter 7 of Title 31 shall not be required to be licensed or registered as a beauty shop under this chapter, or otherwise be subject to any provisions of this chapter except for inspections, investigations, or both, for

GEORGIA LAWS 2000 SESSION

829

alleged violations of this chapter by any person licensed under this chapter, if cosmetologist services in such premises are rendered only to residents of the nursing home.

43-10-18.3.

(a) Notwithstanding any other provision of this chapter, cosmetology services may be performed by a licensed cosmetologist in a client's residence, a nursing home, or a hospital when the client for reasons of ill health, infirmity, or other physical disability is unable to go to the licensed beauty shop or salon for regular cosmetology services.

(b) The board is authorized to adopt reasonable rules and regulations prescribing requirements and conditions for the performance of the services authorized in subsection (a) of this Code section.

43-10-19.

(a) If any person not lawfully entitled to a certificate of registration under this chapter shall practice the occupation of a cosmetologist; or if any such person shall endeavor to learn the trade of a cosmetologist by practicing the same under the instructions of a cosmetologist or other person, other than as provided in this chapter; or if any such person shall instruct or attempt to instruct any person in such trade; or if any proprietor of or person in control of or operating any beauty shop, school of cosmetology, school of esthetics, or school of nail care shall knowingly employ for the purpose of practicing such occupation any cosmetologist not registered under this chapter; or if any person, beauty shop, salon, or school shall engage in any of the acts covered in this chapter though not registered under the provisions of this chapter; or if any person shall falsely or fraudulently pretend to be qualified under this chapter to practice or learn such trade or occupation; or if any person shall violate any provision of the chapter for which a penalty is not specifically provided, he or she shall be guilty of a misdemeanor.

(b) Any person who operates or manages a beauty shop, salon, or school that employs a person who does not possess a license as provided in this chapter shall be guilty of a misdemeanor.

43-10-20.

Repealed."

SECTION 2.

This Act shall become effective on July 1, 2000.

830

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 3.

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

Approved April 27, 2000.

MOTOR VEHICLES AND TRAFFIC - LICENSE PLATES; MILITARY RESERVISTS; NATIONAL GUARD MEMBERS; PURPLE HEART CITATION
RECIPIENTS.
Code Sections 40-2-65, 40-2-66, and 40-2-84 Amended.
No. 704 (Senate Bill No. 349).
AN ACT
To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates, so as to change the provisions relating to special license plates for military reservists and provide for identifying the branches of the reserve and for retired reservists; to change the provisions relating to proof of eligibility for certain members and retired members of the National Guard; to change certain provisions relating to license plates for veterans awarded the Purple Heart; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates, is amended by striking Code Section 40-2-65, relating to special license plates for military reservists, and inserting in its place the following:
"40-2-65.
(a)(l) Motor vehicle owners who are assigned or attached members of troop program units of any branch of the active reserve components of the United States inside or outside the State of Georgia shall be eligible to receive free motor vehicle license plates for private passenger cars, motorcycles, or trucks used for personal transportation. Motor vehicle owners who are members of any National Guard unit in a state adjoining the State of Georgia and for whom there is no National Guard unit in the county of their residence shall be eligible to receive free motor vehicle plates for private passenger cars, motorcycles or trucks used for personal transportation to identify such vehicle owner as a reservist. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article

GEORGIA LAWS 2000 SESSION

831

2 of this chapter. No person shall be entitled to more than one free motor vehicle license plate for any calendar year; provided, however, that, upon payment of the regular license fee provided for in Code Section 4810-2 and a manufacturing fee of $25.00, a reservist shall be entitled to receive one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols in addition to numbers and letters prescribed by law shall be inscribed upon such license plates so as to identifY distinctively the owner as a member of one of the following branches of the United States military reserve: Army, Navy, Marines, Air Force, or Coast Guard. The commanding officer of each active reserve component program unit or the adjutant general of the National Guard unit of each neighboring state shall, upon request of any reserve member or National Guard member of that unit, respectively, furnish to that member approved documentation supporting the member's current membership in the respective reserve or National Guard unit. This documentation shall be presented annually to the tax commissioner of the county in which the reserve member or National Guard member applies for the special license plate under this Code section and upon subsequent reregistration for each succeeding year.

(2) Motor vehicle owners who are retired from any branch of the active reserve components whose active reservists are eligible to obtain free motor vehicle license plates under paragraph (1) of this subsection, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate as prescribed in that article for private passenger cars, motorcycles or trucks used for personal transportation. Each such retired member shall be entitled to no more than one such free plate for any calendar year; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a retired member shall be entitled to receive one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The license plates issued pursuant to this paragraph shall, in addition to the numbers and letters prescribed by law, be identical to those issued pursuant to paragraph (1) of this subsection to members of the branch of the active reserve component from which that person retired. The commanding officer of each active reserve

832

GENERAL ACTS AND RESOLUTIONS, VOL. I

component program unit shall, upon request of any retired reserve member from that unit, furnish to that retired member approved documentation supporting the retired member's current retired membership status from that reserve unit. This documentation shall be presented annually to the tax commissioner of the county in which the retired reserve member applies for the special license plate under this Code section and upon subsequent reregistration for each succeeding year.

(b) (1) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a member of one of the components of the United States military reserve, whether the owner is an active or retired reservist, and acquisition by the reservist of another motor vehicle, the license plate issued pursuant to this Code section shall be placed on such newly acquired motor vehicle, and such reservist shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation. No transfer or cancellation fee shall be charged for the transfer of free reservist license plates. There shall be a transfer and cancellation fee of $5.00 for the transfer of any other reservist license plate.

(2) Should an active reservist who has been issued a license plate or license plates be discharged or otherwise separated, except by retirement, from his or her reserve unit, the immediate commanding officer of such active reservist shall obtain the discharged member's license plate or license plates at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such person has been discharged, and thereupon the commissioner shall issue a regular license plate, at no additional charge, to such former reservist to replace the reservist plate or plates. Should an active reservist enlist or be commissioned after purchasing a regular license plate for his or her current registration period, the commanding officer of the unit in which such person enlists or is commissioned shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has been enlisted or commissioned in a troop program unit of the reserve components, and the effective date thereof, whereupon the commissioner shall issue a reservist license plate, at no extra charge, to such new member to replace the returned regular plate. Upon such request for a change in plate for a discharged reservist or a newly enlisted reservist, the commanding officer shall furnish such member with a copy of the commanding officer's letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate.

GEORGIA LAWS 2000 SESSION

833

(c) The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars, motorcycles and trucks before issuing these plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable."

SECTION 2.

Said article is further amended by striking subsection (a) of Code Section 40-266, relating to special National Guard license plates, and inserting in its place the following:

"(a) (l) Motor vehicle owners who are members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate, as prescribed in that article for private passenger cars, motorcycles or trucks used for personal transportation. Each member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the Georgia National Guard. The adjutant general of Georgia shall, upon request of any member of that National Guard unit, furnish to that member approved documentation supporting the member's current membership in that National Guard unit. This documentation shall be presented annually to the tax commissioner of the county in which the National Guard member applies for the special license plate under this Code section and upon subsequent reregistration for each succeeding year.

(2) Motor vehicle owners who are retired members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate as prescribed in that article for private

834

GENERAL ACTS AND RESOLUTIONS, VOL. I

passenger cars, motorcycle or trucks used for personal transportation. Each retired member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 4810-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The license plates issued pursuant to this paragraph shall, in addition to the numbers and letters prescribed by law, be identical to those issued pursuant to paragraph (1) of this subsection. The adjutant general of Georgia shall, upon request of any member retired from that National Guard unit, furnish to that retired member approved documentation supporting the member's retired membership status in that National Guard unit. This documentation shall be presented annually to the tax commissioner of the county in which the retired National Guard member applies for the special license plate under this Code section and upon subsequent reregistration for each succeeding year."

SECTION 3.

Said article is further amended by striking Code Section 40-2-84, relating to license plates for veterans awarded the Purple Heart, and inserting in lieu thereof the following:

"40-2-84.

(a) Motor vehicle or boat trailer owners who are veterans of the armed forces of the United States who have been awarded the Purple Heart citation shall be eligible to receive a special and distinctive vehicle license plate for a private passenger car or truck used for personal transportation or for a boat trailer, provided that the requisite number of applications are received by the commissioner as provided in subsection (b) of this Code section. Such license plate shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter.

(b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. Said applicant may apply for and be limited to not more than one free license plate at a time; provided, however, that upon payment of the regular license fee provided for in Code Section 48-10-2 and payment of the manufacturing fee provided for in this Code section, a veteran may obtain an additional such license plate. The commissioner shall retain all applications received for such spe-

GEORGIA LAWS 2000 SESSION

835

cial and distinctive license plate until a minimum of 250 applications have been received. Mter receipt of 250 applications for such distinctive license plate, the commissioner shall design a distinctive license plate as provided in subsection (c) of this Code section and issue the distinctive license plates to present and future qualifying applicants. If the commissioner does not receive the required minimum 250 applications no later than July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any applications for nor issue such distinctive license plates and all fees shall be refunded to applicants. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks and boat trailers before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for each additional special and distinctive license plate shall be $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable.

(c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation or for boat trailers. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plate.s so as to identifY distinctively the owner as a Purple Heart recipient.

(d) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased veteran of the armed forces of the United States who was awarded the Purple Heart citation shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifYing veteran's death or acquired thereafter, so long as such person does not remarry.

(e) For each additional special license plate issued under this Code section there shall be an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-234."

SECTION 4.

This Act shall become effective on January 1, 2001.

836

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 2000.

COURTS - STATE COURTS; JUDGES; QUALIFICATIONS.
Code Section 15-7-21 Amended.
No. 705 (House Bill No. 552).
AN ACT
To amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to qualifications for the office of judge of state court, so as to change the experience requirement for such office; to provide a contingent effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to qualifications for the office of judge of state court, is amended by striking paragraph (1) of subsection (a) and inserting in its place a new paragraph to read as follows:
"(a) (1) Except as provided in paragraph (2) of this subsection, each judge of the state court shall be a resident of the geographic area in which he or she is selected to serve, shall have been a resident of the state for three years next preceding the beginning of his or her term of office, shall as of such date be at least 25 years of age, and shall have been admitted to practice law for seven years."
SECTION 2.
This Act shall become effective January 1, 2001, only if there is approved at the November, 2000, general election a constitutional amendment making the same change provided for in this Act. Otherwise, this Act shall be automatically repealed on January 1, 2001. This Act shall not apply to any judge elected or appointed prior to January 1, 2001.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Approved April 27, 2000.

GEORGIA lAWS 2000 SESSION

837

LOCAL GOVERNMENT- COUNTIES AND MUNICIPALITIES; WATER AND SEWER SYSTEMS; LEASES.

Code Section 36-60-15.1 Amended.

No. 707 (House Bill No. 1404).

AN ACT

To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of counties and municipal corporations generally, so as to authorize each county and municipal corporation to enter into leases and contracts with private entities for the operation and maintenance of its wastewater treatment system, storm-water system, water system, or sewer system, which leases or contracts may include provisions for the design, construction, repair, reconditioning, replacement, maintenance, and operation of the system, or any combination of such services and functions; to provide for the acceptance of competitive sealed proposals for such leases and contracts; 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 60 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of counties and municipal corporations generally, is amended by striking in its entirety Code Section 36-60-15.1, relating to the operation and maintenance of water treatment systems by private entities, and inserting in its place a new Code section to read as follows:

"36-60-15.1.

Notwithstanding any other provision of law to the contrary, any county or municipal corporation of this state is authorized, in the discretion of its governing authority, to enter into valid and binding leases and contracts with private persons, firms, associations, or corporations for any period of time not to exceed 20 years to provide for the operation and maintenance of all or a portion of its waste-water treatment system, storm-water system, water system, or sewer system, or any combination of such systems, which leases and contracts may include provisions for the design, construction, repair, reconditioning, replacement, maintenance, and operation of the system, or any combination of such services and functions. If a contract or lease to be awarded pursuant to this Code section includes provisions for the construction of public works, the laws relating to the procurement of such contracts shall also apply; provided, however, that any bonding requirements shall apply only to the construction provisions of the contract or lease. Prior to entering into a lease or contract pursuant to this Code section, the governing authority shall solicit competitive sealed proposals. The governing authority shall first establish criteria for evaluation of any applicants submitting pro-

838

GENERAL ACTS AND RESOLUTIONS, VOL. I

posals on such leases or contracts for the purpose of assisting the governing authority in making a review of such applicants' previous performance on projects of comparable magnitude, the environmental compliance record of such applicants, and any relevant civil or criminal penalties incurred by such applicants during the five years immediately preceding the execution of the lease or contract. The governing authority shall take into consideration such information to assist it in determining the eligibility of any applicant. The award of a lease or contract pursuant to this Code section shall be made to the responsible and responsive applicant whose proposal is determined in writing to be the most advantageous to the governmental entity, taking into consideration the evaluation factors set forth in the request for proposals. All information required by the county or municipality pursuant to this Code section shall be provided by the applicant under oath. For purposes of this Code section, 'applicant' means any individual, firm, association, or corporation submitting a proposal on such leases or contracts."

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 27, 2000.

COURTS - INTERPRETERS; PROBATE COURTS; SENIOR JUDGES; ASSISTING JUDGES.
Code Title 15 Amended.
No. 709 (House Bill No. 1158).
AN ACT
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to authorize the participation of the state in the Consortium for State Court Interpreter Certification and other multi-state agreements and cooperative programs for the training, testing, and certification of interpreters; to provide for appointment as senior judges certain judges of probate courts; to provide that any judge of a probate court may serve as an assisting judge in any other probate court upon the request of the judge of the requesting court; to provide for the payment of expenses; to provide for the office of senior judge of the probate courts; to provide for eligibility for such office; to provide for a request for assistance; to provide for compensation and payment of expenses; to provide for matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2000 SESSION

839

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by inserting at the end of subsection (a) of Code Section 15-1-9.3, relating to senior judges of the state court or juvenile court, the following:

"(4) In this paragraph, 'probate court' has the same meaning as set out in paragraph (2) of Code Section 15-9-120. Any judge of the probate court who ceases holding office as a judge of the probate court after serving as such for at least ten years and who has not been appointed to the office of senior judge under any other law of this state may be appointed as a senior judge as provided in this Code section."

SECTION 2.

Said title is further amended by adding immediately following Code Section 15-1-13, relating to prior removal from judicial office as affecting qualification for judicial office, a new Code Section 15-1-14 to read as follows:

"15-1-14.

The Supreme Court may enter into and participate in the Consortium for State Court Interpreter Certification established August 2, 1997, as amended August 1, 1998, and in other similar multi-state agreements and cooperative programs for the training, testing, and certification of interpreters. Such consortia, multi-state agreements, and cooperative programs may:

(1) Utilize the auspices and services of the National Center for State Courts;

(2) Provide for the common development, sharing, and distribution of tests, standards, educational materials, and programs and related work, and further provide for the copyright and other protection of intellectual property;

(3) Charge fees for membership and other services and retain funds;

(4) Provide for governance and management; and

(5) Perform such other services and functions as may be reasonably related to such purposes and functions."

SECTION 3.

Said title is further amended by inserting at the end of Chapter 9, relating to the probate courts, the following:

"ARTICLE 7

840

GENERAL ACTS AND RESOLUTIONS, VOL. I

15-9-140.

Except as otherwise provided by law, any judge of a probate court is authorized to serve as a judge of any other probate court in which such judge would otherwise be qualified to serve, but only upon the written request of the judge of such other probate court. When serving in a probate court other than his or her own court, the judge shall exercise the same jurisdiction, power, and authority as the regular judge of the court. Judges rendering assistance in accordance with this Code section shall be entitled to receive actual expenses or, at such judge's option, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as state employees for such services but shall not be entitled to any further compensation for such services. The governing authority responsible for funding the operation of the requesting court shall bear the expenses of the assisting judge.

15-9-141.

(a) (1) Any judge of a probate court who retires pursuant to the provisions of Chapter 11 of Title 47 may be appointed a senior judge of the probate courts.

(2) Any judge of a probate court whether or not said judge is a member of the retirement fund created by Chapter 11 of Title 47, who ceases holding office as a judge and who has at least eight years of service as a judge of a probate court at the time of ceasing to hold such office and who is not eligible for appointment to the office of senior judge under any other law of this state may be appointed as a senior judge of the probate courts.

(b) Upon becoming eligible for appointment pursuant to the provisions of this Code section, a judge who ceases to hold office may become a senior judge of the probate courts and in that capacity may be called upon to serve as a judge in any probate court in which the judge is otherwise qualified to serve.

(c) Any qualified former judge of a probate court may petition the Governor for appointment as senior judge. The Governor shall appoint each qualified applicant as a senior judge of the probate courts.

(d) The judge of any probate court of this state may make a written request for assistance to a senior judge of the probate courts. The request by the judge may be made if one of the following circumstances arise:

(1) The judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court; or

(2) The judge of the requesting court is unable to preside because of disability, illness, absence, or any reason.

GEORGIA LAWS 2000 SESSION

841

(e) The compensation of a senior judge of the probate courts serving as a judge of a probate court under this Code section shall be that which is normally paid to a substitute judge of the court in which the senior judge is serving, and such compensation shall be paid from any funds available for the operation of such court. In addition to such compensation, a senior judge of the probate courts shall receive actual expenses or, at such judge's option, in the event of service outside the county of such judge's residence, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as state employees for such services. Such expenses and mileage shall be paid from the same source of funds which pays the compensation of a senior judge of the probate courts as provided in this subsection upon a certificate by the senior judge as to the number of days served or the expenses and mileage. Such compensation and expenses shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits, when applicable, of such judge."

SECTION 4.

(a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2000.

(b) Section 2 of 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 27, 2000.

STATE GOVERNMENT - GEORGIA AVIATION HALL OF FAME; OFFICIAL STATE REPOSITORY FOR AVIATION HISTORY
Code Sections 50-12-72 and 50-12-73 Amended.
No. 710 (House Bill No. 76).
AN ACT
To amend Subpart 1 of Part 3 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Hall of Fame, so as to change provisions relating to the function and authority of the hall of fame; to provide that the hall of fame shall be the official state repository for aviation history; to authorize the hall of fame to establish a library and archive program and to receive, catalog, and maintain items related to aviation history and research; to provide for related matters; to repeal conflicting laws; and for other purposes.

842

GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.

Subpart 1 of Part 3 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Hall of Fame, is amended by striking Code Section 50-12-72, relating to the purpose and function of the board, and inserting in its place a new Code section to read as follows:
"50-12-72.

(a) It shall be the main purpose and function of the board to promote and encourage the growth and public support of aviation within the state by honoring those, living or dead, who by extraordinary achievement or service have made outstanding and lasting contributions to aviation in Georgia. Persons eligible for recognition in the Georgia Aviation Hall of Fame shall include residents of the state whose achievements in or contributions to aviation occurred within or outside the state and nonresidents whose achievements in or contributions to aviation occurred within the state. The board is authorized to conduct surveys and polls and to appoint committees to assist it in performing its purpose and function.

(b) Without limiting the generality of subsection (a) of this Code section, it is specifically further provided that the board shall be authorized to establish a library and a research archive program for purposes of education and research in the fields of aviation, aviation history, and related areas. The board shall be authorized to receive, catalog, and maintain documents, books, pictures, and other items for such purposes."

SECTION 2.

Said subpart is further amended by striking Code Section 50-12-73, relating to facilities of the board and the hall of fame, and inserting in its place a new Code section to read as follows:

"50-12-73.

(a) With the approval of the federal government, the Georgia Aviation Hall of Fame shall be located in the Museum of Aviation at Robins Air Force Base in Houston County, Georgia. The headquarters of the board shall be located in Houston County, Georgia. The board may obtain such halls, rooms, quarters, and offices as it deems necessary for conducting its affairs. The board is authorized to recognize and designate any existing or proposed facility as a part of the hall of fame as may be appropriate.

(b) The Georgia Aviation Hall of Fame is designated as and shall be known as the Official State of Georgia Repository for Aviation History."

GEORGIA LAWS 2000 SESSION

843

SECTION 3.

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

Approved April 27, 2000.

CRIMES AND OFFENSES - WEAPONS; CARRYING BY CERTAIN ATTORNEYS AND RETIREES.
Code Section 16-11-30 Amended.
No. 711 (House Bill No. 110).
AN ACT
To amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from criminal prohibitions against carrying weapons in certain manners or certain places, so as to provide an exemption for certain retired district attorneys, attorneys employed by the Prosecuting Attorneys' Council, and certain retired assistant district attorneys and district attorneys investigators; to provide an exemption for certain retired state trial and appellate judges; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from criminal prohibitions against carrying weapons in certain manners or certain places, is amended by striking paragraph (5) of subsection (a) and inserting in its place a new paragraph (5) to read as follows:
"(5) District attorneys, investigators employed by and assigned to a district attorney's office, assistant district attorneys, attorneys employed by the Prosecuting Attorneys' Council of Georgia, and any retired district attorney, assistant district attorney, or district attorneys investigator if such retired employee is receiving benefits under Title 47 or is retired in good standing and receiving benefits from a county or municipal retirement system;"
SECTION 2.
Said Code section is further amended by striking paragraph (12) of subsection (a) and inserting in its place a new paragraph (12) to read as follows:
"(12) State and federal trial and appellate judges, full-time judges of municipal and city courts, and former state trial and appellate judges retired from their respective offices under state retirement;"

844

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 3.

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

Approved April 27, 2000.

COURTS- SHERIFFS; RECORD STORAGE; COMPUTERIZATION.
Code Sections 15-16-10 and 15-16-11 Amended.
No. 712 (House Bill No. 235).
AN ACT
To amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to provide that a sheriff or employee of such officer shall be authorized to store for computer retrieval any or all records, dockets, books, indices, or files and to combine or consolidate any records, dockets, books, indices, or files in connection with the maintenance of any records required by law, provided that any automated or computerized record-keeping method or system shall provide for the systematic and safe preservation and retrieval of all such records, dockets, books, indices, or files; to provide that when a sheriff or employee of such officer elects to store for computer retrieval any or all records, the same data elements used in a manual system shall be used, and the same integrity and security maintained; to provide that records which the sheriff is required to keep and which are computerized shall be maintained and stored for computer retrieval in the office of sheriff; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, is amended by adding at the end of Code Section 15-16-10, relating to duties of the sheriff and penalties for the failure of a sheriff to carry out any such duties, a new subsection (d) to read as follows:
"(d) Nothing in this Code section shall restrict or otherwise prohibit a sheriff or a deputy sheriff or clerk acting under the authority of a sheriff from electing to store for computer retrieval any or all records, dockets, books, indices, or files; nor shall a sheriff or a deputy sheriff or clerk acting under the authority of a sheriff be prohibited from combining or consolidating any records, dockets, books, indices, or files in connection with the maintenance of any records of the kind specified or required in this Code section or any other law, provided that any automated or computerized record-keeping

GEORGIA lAWS 2000 SESSION

845

method or system shall provide for the systematic and safe preservation and retrieval of all such records, dockets, books, indices, or files. When the sheriff or a deputy sheriff or clerk acting under the authority of the sheriff elects to store for computer retrieval any or all records, the same data elements used in a manual system shall be used, and the same integrity and security maintained."

SECTION 2.

Said article is further amended by striking in its entirety Code Section 15-1611, relating to the disposition of books which the sheriff is required to keep, and inserting in lieu thereof a new Code Section 15-16-11 to read as follows:

"15-16-11.

All books which the sheriff is required to keep, after becoming full, must be deposited in the office of the clerk of the superior court to be kept as are other books of record; provided, however, that records which the sheriff is required to keep and which are computerized shall be maintained and stored for computer retrieval in the office of sheriff."

SECTION 3.

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

Approved April 27, 2000.

REVENUE AND TAXATION - INCOME TAX; LOW-INCOME HOUSING CREDIT.
Code Section 48-7-29.4 Amended.
No. 713 (House Bill No. 272).
AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to certain low-income housing; to provide for definitions; to provide for conditions and limitations; to provide for authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

846

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1.
Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding a new Code section immediately following Code Section 48-7-29.3, to be designated Code Section 48-7-29.4, to read as follows:
"48-7-29.4.
(a) As used in this Code section, the term:
(1) 'Federal housing tax credit' means the federal tax credit as provided in Section 42 of the Internal Revenue Code of 1986, as amended.
(2) 'Median income' means those incomes that are determined by the federal Department of Housing and Urban Development guidelines and adjusted for family size.
(3) 'Project' means a housing project that has restricted rents that do not exceed 30 percent of median income for at least 40 percent of its units occupied by persons or families having incomes of 60 percent or less of the median income, or at least 20 percent of the units occupied by persons or families having incomes of 50 percent or less of the median income.
(4) 'Qualified Georgia project' means a qualified low-income building as that term is defined in Section 42 of the Internal Revenue Code of 1986, as amended, that is located in Georgia.
(b)(1) A state tax credit against the tax imposed by this article, to be termed the Georgia housing tax credit, shall be allowed with respect to each qualified Georgia project placed in service after January 1, 2001, in an amount equal to the federal housing tax credit allowed with respect to such qualified Georgia project.
(2) (A) If under Section 42 of the Internal Revenue Code of 1986, as amended, a portion of any federal housing tax credit taken on a project is required to be recaptured, the taxpayer claiming any state tax credit with respect to such project shall also be required to recapture a portion of any state tax credit authorized by this Code section. The state recapture amount shall be equal to the proportion of the state taX credit claimed by the taxpayer that equals the proportion the federal recapture amount bears to the original federal housing tax credit amount subject to recapture.
(B) In the event that recapture of any Georgia housing tax credit is required, any amended return submitted to the commissioner as provided in this Code section shall include the proportion of the state tax credit

GEORGIA LAWS 2000 SESSION

847

required to be recaptured, the identity of each taxpayer subject to the recapture, and the amount of tax credit previously allocated to such taxpayer.

(3) 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 be allowed to be carried forward to apply to the taxpayer's next three succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability.

(4) The tax credit allowed under this Code section, and any recaptured tax credit, shall be allocated among some or all of the partners, members, or shareholders of the entity owning the project in any manner agreed to by such persons, whether or not such persons are allocated or allowed any portion of the federal housing tax credit with respect to the project.

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

SECTION 2.

This Act shall become effective on January 1, 2001, and shall be applicable to all taxable years beginning on or after January 1, 2001.

SECTION 3.

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

Approved April 27, 2000.

INSURANCE - FARMERS' MUTUAL FIRE INSURANCE COMPANIES; RISK LIMITATIONS.
Code Section 33-16-14 Amended.
No. 714 (Senate Bill No. 37).
AN ACT
To amend Code Section 33-16-14 of the Official Code of Georgia Annotated, relating to limitations on amounts of risk applicable to farmers' mutual fire insurance companies, so as to change certain limitation amounts; 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.

Code Section 33-16-14 of the Official Code of Georgia Annotated, relating to limitations on amounts of risk applicable to farmers' mutual fire insurance companies, is amended by striking subsection (a) and inserting in lieu thereof the following:

"(a) The maximum amount of insurance that a farmers' mutual fire insurance company may retain on any subject or subjects of insurance reasonably exposed to loss from the same fire shall not exceed the amount prescribed in the following schedule:

Amount of Insurance in Force

Maximum Risk

$ 100,000 but less than

$ 250,000 ...............$ 5,000

250,000 but less than

400,000 . . . . . . . . . . . . . . . 5,000

400,000 but less than

600,000 . . . . . . . . . . . . . . . 5,000

600,000 but less than

900,000 . . . . . . . . . . . . . . . 5,000

900,000 but less than

1,200,000 . . . . . . . . . . . . . . . 6,000

1,200,000 but less than

1,500,000 . . . . . . . . . . . . . . . 7,500

1,500,000 but less than

2,000,000 . . . . . . . . . . . . . . . 10,000

2,000,000 but less than

2,500,000 . . . . . . . . . . . . . . . 12,500

2,500,000 but less than

3,000,000 . . . . . . . . . . . . . . . 15,000

3,000,000 but less than

3,500,000 . . . . . . . . . . . . . . . 17,500

3,500,000 but less than

7,000,000 . . . . . . . . . . . . . . . 35,000

7,000,000 and over....................................... 50,000"

SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 2000.

CONSERVATION AND NATURAL RESOURCES - GEORGIA SPORTS HALL OF FAME AUTHORITY
Code Section 12-3-562 Amended.
No. 715 (Senate Bill No. 76).
AN ACT
To amend Part 12 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Sports Hall of Fame Authority, so as to change the membership of the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA lAWS 2000 SESSION

849

SECTION 1.

Part 12 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Sports Hall of Fame Authority, is amended by striking subsection (b) of Code Section 12-3-562, relating to the creation, membership, terms, vacancies, expenses, existence, and assignment of the authority, and inserting in lieu thereof a new subsection to read as follows:

"(b) (1) The terms of all members of the authority who are in office on April 30, 1998, shall terminate on such date, and new members shall be appointed to the authority for initial terms beginning on May 1, 1998, as specified in this subsection. From May 1, 1998, until January 1, 1999, the authority shall consist of 16 members. Thereafter, the authority shall consist of 18 members.

(2) Members shall be appointed as follows:

(A) Three members shall be appointed by the Governor for initial terms of office ending on January 1, 1999;

(B) Three members shall be appointed by the Governor for initial terms of office ending on June 30, 2000;

(C) Two members shall be appointed by the Governor for initial terms of office ending on December 31, 2000;

(D) Five members shall be appointed by the Governor for initial terms of office ending on December 31, 2002;

(E) One member shall be appointed by the President of the Senate for an initial term of office ending on January 1, 1999;

(F) Two members shall be appointed by the President of the Senate for initial terms of office ending on December 31, 2002;

(G) One member shall be appointed by the Speaker of the House of Representatives for an initial term of office ending on January 1, 1999; and

(H) Two members shall be appointed by the Speaker of the House of Representatives for initial terms of office ending on December 31, 2002.

(3) A successor to each member shall be appointed by the same appointing official as provided in paragraph (2) of this subsection, provided that the Governor shall appoint successors for only two of the members appointed by the Governor with initial terms ending on January 1, 1999. Following the initial terms specified in paragraph (2) of this subsection, the terms of all members shall be four years.

859

GENERAL ACTS AND RESOLUTIONS, VOL. I

(4) Any elected or appointed state, county, municipal, or school board official or employee, except officials and employees of the legislative or judicial branches of state government, may be appointed and serve as a member 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 April 27, 2000.

CIVIL PRACTICE - CASE INFORMATION; PROVISION, TRANSMISSION, COMPILATION, AND ANALYSIS.
Code Title 9, Chapter 11 Amended. Code Title 15 Amended.
No. 716 (Senate Bill No. '176).
Ar-.J ACT
To amend Titles 9 and 15 of the Official Code of Georgia Annotated, relating respectively to civil practice and the courts, so as to provide for a system of providing, transmission, compilation, and analysis of information relating to civil cases; to provide for the filing of civil case filing and disposition forms; to set out such forms; to provide for legible typing, printing, or stamping of the judge's name and title on judgments; to provide for instances of sealed information; to provide for duties and authority of the Georgia Courts Automation Commission relating to a courts automation system; to provide for authority and duties of clerks of the superior courts and state courts, The Council of Superior Court Clerks of Georgia, the Administrative Office of the Courts, the Georgia Courts Automation Commission, and the Georgia Superior Court Clerks' Cooperative Authority relating to civil case information; to provide for ownership of certain data; to provide for applicability; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking in its entirety Code Section 9-11-3, relating to commencement of actions, and inserting in its place the following:

GEORGIA LAWS 2000 SESSION

851

"9-11-3.

(a) A civil action is commenced by filing a complaint with the court.

(b) At the time of filing the complaint for a civil action in Superior court or State court, or as soon as practicable thereafter, the plaintiff shall file the appropriate civil case filing form with the clerk of the court. The form shall be substantially in the form prescribed in Code Section 9-11-133. The filing of the complaint shall not be delayed for the filing of the case filing form."

SECTION 2.

Said title is further amended by striking in its entirety Code Section 9-11-58, relating to entry of judgment, and inserting in its place the following:

"9-11-58.

(a) Sig;ning. Except when otherwise specifically provided by statute, all judgments shall be signed by the judge and filed with the clerk. The signature of the judge shall be followed by the spelling of the judge's name and title legibly typed, printed, or stamped. The failure of the judgment to have the typed, printed, or stamped name of the judge shall not invalidate the judgment.

(b) When judgment entered. The filing with the clerk of a judgment, signed by the judge, constitutes the entry of the judgment, and, unless the court otherwise directs, no judgment shall be effective for any purpose until the entry of the same, as provided in this subsection. At the time of the filing of the final judgment, a civil case disposition form shall be filed by the prevailing party or by the plaintiff if the case is settled, dismissed, or otherwise disposed of without a prevailing party. The form shall be substantially in the form prescribed in Code Section 9-11-133. If any of the information required by the form is sealed by the court, the form shall state that fact and the information under seal shall not be provided. The entry of the judgment shall not be delayed for the taxing of costs or the filing of the case disposition form."

SECTION 3.

Said title is further amended by adding after Code Section 9-11-132 a new Code section to be designated Code Section 9-11-133, to read as follows:

"9-11-133.

(a) The forms set out in subsections (b), (c), (d) and (e) or forms substantially similar to such forms are sufficient to meet the requirements for civil case filing and disposition forms. The civil case forms set out in Exhibit F of the 'Report and Recommendations of the 1997-1998 Court Filings Committee' published by the State Bar of Georgia and dated May 15, 1998, are substantially similar to the forms set out in this Code section.

852

GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) General Civil Case Filing Information Form.

GENERAL CIVIL CASE FILING INFORMATION FORM (NONDOMESTIC)

Court
_ Superior County - - - - State

Date filed _ _ __ mm-dd-yyyy

Docket no. -----------

Plaintiff(s) (last, suffix, first, middle initial, maiden)

Defendant(s) (last, suffix, first, middle initial, maiden)

1. ------------------2. -----------------3. ------------------
4. ------------------

1. -------------------
2. -----------------3. -----------------4. -------------------

Plaintiff/petitioner's attorney Bar#

_Pro Se

No. of plaintiffs _____
CHECK PRIMARY CASE TYPE: (Check only ONE) _ Contract/Account _ Wills/Estate _ Real Property _ Dispossessory/Distress _ Personal Property _Equity _ Habeas Corpus _ Appeals, Reviews _ Postjudgment Garnish-
ment, Attachment, or Other Relief _ Nondomestic Contempt _ Tort (If tort, fill in right column) _ Other General Civil (specify) _ _ _ __

No. of defendants _____
IF TORT IS CASE TYPE: (Check no more than TWO)
Auto Accident _ Premises Liability _ Medical Malpractice
Other Professional Negligence _ Product Liability _ Other (specify) _ _ _ __

Are punitive damages pleaded?

Yes

No

GEORGIA LAWS 2000 SESSION

853

(c) Domestic Relations Case Filing Information Form.

DOMESTIC RELATIONS CASE FILING INFORMATION FORM

Court _ Superior County _ _ _ __

Date filed _ _ __ mm-dd-yyyy

Docket no.-------------------

Plaintiff(s) (last, suffix, first, middle initial, maiden)
1. -------------------
2. -------------------

Defendant(s) (last, suffix, first, middle initial,
maiden) 1.
2. - - - - - - - - - - -

Plaintiff/Petitioner's attorney Bar#

_ProSe

CHECK CASE TYPE: (one or more) _ Divorce (includes
annulment) _ Separate Maintenance _Adoption _ Paternity (includes
legitimation) _ Interstate Support
Enforcement Action Domestication of Foreign Custody Decree _ Family Violence Act Petition
MODIFICATION _ Modification - Custody
and/or Visitation _ Modification - Child
Support and Alimony _ Modification - Child
Support _ Modification - Alimony
CONTEMPT _ Contempt - Custody

FAMILY VIOLENCE Additional information Ex Parte Relief
Did the initial pleading include a request for relief: 1. From alleged family
violence? _Yes _No 2. Was ex parte relief
requested? _Yes _No 3. Was ex parte relief
granted? _Yes _No

854

GENERAL ACTS AND RESOLUTIONS, VOL. I

and/or Visitation _ Contempt - Child
Support and Alimony _ Contempt - Child Support _ Contempt - Alimony _ Other Domestic Contempt

(d) General Civil Case Final Disposition Form.
GENERAL CIVIL CASE FINAL DISPOSITION FORM (NONDOMESTIC)

Court
_ Superior County _ _ _ __ State

Date __ disposed mm-dd-yyyy

Docket no. ------------------

Reporting party - - - - - - - - (Name)
Name of plaintiff/petitioner(s)

(Title)

Plaintiff/petitioner's attorney _Pro Se Bar#

Name of defendant/respondent(s)

Defendant/respondent's attorney _Pro Se Bar#

TYPE OF DISPOSITION 1. _Pretrial Dismissal
(specify which type) A. _Involuntary B. _Voluntary (without
prejudice) C. _Voluntary (with
prejudice) 2. _Pretrial Settlement

AWARD

1. If verdict for plaintiff,

how much was awarded?

$

compensatory

$

punitive

2. If verdict on cross or

counter claims, how much

was awarded?

$

compensatory

GEORGIA lAWS 2000 SESSION

855

3. _Default Judgment 4. _Summary Judgment 5. _Transferred/
Consolidated 6. _Bench Trial 7. _Jury Trial (specify
outcome further) A. _Dismissal after
jury selected B. _Settlement during
trial C. _Judgment on Verdict D. _Directed Verdict or
JNOV
1. Judgment on verdict. Was the verdict: A. _For plaintiff(s) (all) B. _For defendant(s) (all) C. _Other: (explain) _ _

$

punitive

3. Did the court modify the

award? __Yes __No

4. Were attorneys fees

awarded? __Yes __No

ADR 1. Was ADR utilized?
__Yes __No
2. If yes, was it (check if applicable): court annexed? court mandated?
3. Did the matter settle after trial for other than judgment? (If known at the time of this submission) __Yes __No

(e) Domestic Relations Case Final Disposition Information form.
DOMESTIC RElATIONS CASE FINAL DISPOSITION INFORMATION FORM

Court _ Superior County _ _ _ __

Date disposed mm-dd-yyyy

Docket no. -----------

Reporting party ----------

(Name)

(Title)

Name of plaintiff/petitioner(s)

Plaintiff/petitioner's attorney _Pro Se Bar#

Name of defendant/respondent(s)

856

GENERAL ACTS AND RESOLUTIONS, VOL. I

Defendant/respondent's attorney _Pro Se

Bar#

TYPE OF DISPOSITION
1. Dismissed Without Final Order
A. _Voluntary (by parties)
B. _Involuntary (by court)
2. _Pretrial Settlement 3. _Judgment on the
Pleadings 4. _Summary Judgment 5. _Trial
A. Bench Trial B. Jury Trial
1. _Dismissal after jury selected
2. _Settlement during trial
3. _Judgment on Verdict
4. _Directed Verdict or JNOV

RELIEF GRANTED (Check all that apply) 1. _Ex Parte Relief 2. _Temporary Relief 3. _Final Relief
A. _Divorce/Annulment/ Separate Maintenance
B. _Child Custody C. _Visitation D. _Child Support E. _Legitimation/
Paternity F. _Alimony G. _Contempt H. _Equitable Division I. _Restraining Order
_Person _Property ]. _Adoption K. _Other (specify) _ _
4. _Dismissed prior to granting of relief.
ADR 1. Was mediation utilized?
__Yes __No 2. If yes, was it (check if
applicable): _court annexed? _court mandated?"

SECTION 4.

Title 15 of the Official Code of Georgia Annotated, relating to the courts, is amended by striking in its entirety Code Section 15-5-24, relating to the duties of the Administrative Office of the Courts, and inserting in lieu thereof the following:

"15-5-24.

Under the supervision and direction of the Judicial Council, the Administrative Office of the Courts shall perform the following duties:

GEORGIA LAWS 2000 SESSION

857

(1) Consult with and assist judges, administrators, clerks of court, and other officers and employees of the court pertaining to matters relating to court administration and provide such services as are requested;

(2) Examine the administrative and business methods and systems employed in the offices related to and serving the courts and make recommendations for necessary improvement;

(3) Compile statistical and financial data and other information on the judicial work of the courts and on the work of other offices related to and serving the courts, which data and information shall be provided by the courts;

(4) Analyze data relating to civil cases collected pursuant to subsection (b) of Code Section 9-11-3 and subsection (b) of Code Section 9-11-58 and provide such data, analysis, or both data and analysis to the courts and agencies of the judicial branch, agencies of the executive branch, and the General Assembly;

(5) Examine the state of the dockets and practices and procedures of the courts and make recommendations for the expedition of litigation;

(6) Act as fiscal officer and prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system;

(7) Formulate and submit recommendations for the improvement of the judicial system;

(8) Perform such additional duties as may be assigned by the Judicial Council; and

(9) Prepare and publish an annual report on the work of the courts and on the activities of the Administrative Office of the Courts."

SECTION 5.

Said title is further amended by striking in its entirety Code Section 15-5-82, relating to the duties of the Georgia Courts Automation Commission, and inserting in lieu thereof the following:

"15-5-82.

(a) The commission shall be authorized to:

(1) Define, implement, and administer a state-wide courts automation system including data collection, networking, data storage, retrieval, processing, and distribution;

858

GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) Coordinate and cooperate with the state's chief information officer with regards to planning, implementation, and administration of a statewide courts automation system to take advantage of existing state resources where possible;

(3) Receive electronic data from the civil case filing and disposition forms that are required to be filed in civil cases pursuant to subsection (b) of Code Section 9-11-3 and subsection (b) of Code Section 9-11-58 and that are transmitted to the commission by the Georgia Superior Court Clerks' Cooperative Authority in a format and media agreed to by the commission and the authority;

(4) Compile the civil filings and dispositions data, and provide such data to the the Administrative Office of the Courts;

(5) Participate in agreements, contracts, and networks necessary or convenient for the performance of the duties specified in this paragraph and paragraphs (2), (3), and (4) of this subsection and for the release of the information from civil case filing and disposition forms;

(6) Administer federal, state, local, and other public or private funds made available to it for implementation of the courts automation system;

(7) Coordinate state-wide strategies and plans for incorporating county and local governments into the courts automation system, including review of requirements of the several state agencies for documents, reports, and forms and the consolidation, elimination, or conversion of such documents, reports, and forms to formats compatible with electronic transmittal media;

(8) Establish policies and procedures, rules and regulations, and technical and performance standards for county and local government access to the courts automation system network; and

(9) Offer advisory services to county and local governments to assist in guiding their efforts toward automating their court procedures and operations.

(b) The chairperson of the commission may designate and appoint committees to perform such functions as he or she may determine to be necessary. The commission may, either by itself or through such committees, hold hearings, conduct investigations, and take any other action necessary or desirable to implement the courts automation system in a deliberate, effective, and timely manner. The commission shall make an annual report of its progress to the Chief Justice, the Governor, the President of the Senate, and the Speaker of the House of Representatives.

GEORGIA LAWS 2000 SESSION

859

(c) The commission may use the funds available to it for providing to the judicial branch, officials, authorities, agencies, or instrumentalities of this state or a political subdivision of this state access to data bases which are beneficial to the operation of the courts and are accessible through the commission or through the GeorgiaNet Authority, provided that access to any such data base shall be conditioned upon the consent of the department, agency, or other entity having the right to grant such access. The commission may also expend funds as necessary for appropriate access to such data bases by the courts.

(d) Nothing in this article shall be so construed as to require any office of a court to accept additional workload generated by establishment of an electronic transfer of information capability from any other office of the county or local government, including court offices. Each such office shall continue to have sole responsibility for transmitting information required of it, either manually or electronically."

SECTION 6.

Said title is further amended in Code Section 15-6-61, relating to duties of clerks of the superior courts, by striking the word "and" at the end of paragraph (15) of subsection (a), designating paragraph (16) as paragraph (19) and inserting new paragraphs to be designated paragraphs (16), (17), and (18) so that paragraphs (15) through (19) read as follows:

"(15) To participate in the state-wide uniform automated information system for real and personal property records, as provided for by Code Sections 15-6-97 and 15-6-98, and any network established by the Georgia Superior Court Clerks' Cooperative Authority relating to the transmission and retrieval of electronic information concerning real estate data for any such information systems established by such authority so as to provide for public access to real estate information. Each clerk of the superior court shall provide to the authority or its designated agent in accordance with the rules and regulations of the authority such real estate information concerning or evidencing title to real property or access to such information which is of record in the office of clerk of the superior court and which is necessary to establish and maintain the information system. Each clerk of the superior court shall provide and transmit real estate information to the authority for testing and operation of the information system at such times and in such form as prescribed by the authority;

(16) To file and transmit all civil case filing and disposition forms required to be filed pursuant to subsection (b) of Code Section 9-11-3 and subsection (b) of Code Section 9-11-58;

860

GENERAL ACTS AND RESOLUTIONS, VOL. I

(17) To transmit to the Superior Court Clerks' Cooperative Authority within 30 days of filing the civil case filing and disposition forms prescribed in Code Section 9-11-133;

(18) To participate in agreements, contracts, and networks necessary or convenient for the performance of the duties provided in paragraphs (16) and ( 17) of this subsection; and

(19) To perform such other duties as are or may be required by law or as necessarily appertain to the office of clerk of the superior court."

SECTION 7.

Said title is further amended in Code Section 15-6-94, relating to the Georgia Superior Court Clerks' Cooperative Authority, by striking in its entirety paragraph (3) of subsection (a) and inserting in lieu thereof the following:

"(3) The purpose of the authority shall be to provide a cooperative for the development, acquisition, and distribution of record management systems, information, services, supplies, and materials for superior court clerks of the state, on such terms and conditions as may be determined to be in the best interest of the operation of the office of the clerk of superior court, local government, and the state, in light of the following factors:

(A) The public interest in providing cost-efficient access to record management systems, information, services, supplies, and materials, and a pool which will provide related resources and uniformity;

(B) Cost savings to local government and the state, through efficiency in the provision of record management systems, information, services,' supplies, and materials;

(C) Fair and adequate compensation to local governments for costs incurred in the operation of the offices of clerks of superior court; and

(D) Such other factors as are in the public interest and welfare.

The authority shall be the sole owner of its compiled and developed information developed through any function performed or any program or system administered on behalf of the authority. For the purposes of this subsection the authority shall not be considered the sole owner of information developed pursuant to Code Section 15-6-97.1."

SECTION 8.

Said title is further amended in Chapter 6, relating to superior courts, by adding a new Code section to be designated Code Section 15-6-97.1 to read as follows:

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"15-6-97 .1.

(a) The Georgia Superior Court Clerks' Cooperative Authority and The Council of Superior Court Clerks of Georgia, in agreement with the Georgia Courts Automation Commission and the Administrative Office of the Courts, shall participate in the development and operation of the civil case filing and disposition information system described in paragraph (4) of Code Section 15-5-24 and paragraphs (2), (3), (4), and (5) of subsection (a) of Code Section 15-5-82. The authority shall provide such data in electronic format to the Georgia Courts Automation Commission within three days of receipt. The media and format shall be determined by the authority and the commission.

(b) The authority shall have the power to use funds available and partiCIpate in agreements, contracts, and networks necessary or convenient for the performance of the duties described in subsection (a) of this Code section."

SECTION 9.

Said title is further amended in Article 3 of Chapter 7, relating to practice and procedure in state courts of counties, by inserting a new Code section to be designated Code Section 15-7-50 to read as follows:

"15-7-50.

Clerks of state courts are authorized and directed to:

(1) File and enter all civil case filing and disposition forms required to be filed pursuant to subsection (b) of Code Section 9-11-3 and subsection (b) of Code Section 9-11-58;

(2) Transmit to the Superior Court Clerks' Cooperative Authority within 30 days of filing the civil case filing and disposition forms prescribed in Code Section 9-11-133; and

(3) Participate in agreements, contracts, and networks necessary or convenient for the performance of the duties provided in paragraphs (1) and (2) of this Code section."

SECTION 10.

Sections 1, 2, and 3 of this Act are applicable to civil actions commenced in superior or state court on or after July 1, 2000.

SECTION 11.

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

Approved April 27, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

MOTOR VEHICLES AND TRAFFIC - SAFETY BELTS; USE IN PASSENGER VEHICLES.

Code Section 40-8-76.1 Amended.

No. 717 (Senate Bill No. 211).

AN ACT
To amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to use of safety belts in passenger vehicles, so as to change the definition of passenger vehicle for purposes of applicability of seat belt use requirements; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to use of safety belts in passenger vehicles, is amended by striking subsection (a) and inserting in lieu thereof the following:

"(a) As used in this Code section, the term 'passenger vehicle' means every motor vehicle designed to carry ten passengers or less and used for the transportation of persons but shall not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped for off-road use, provided that the term 'passenger vehicle' includes any sport utility vehicle and also includes pickup trucks for any occupant who is under 18 years of age."

SECTION 2.

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

Approved April 27, 2000.

APPEAL AND ERROR - NEW TRIALS AUTHORIZED TO BE GRANTED BY CERTAIN COURTS; APPEALS BY STATE AUTHORIZED TO BE TAKEN
IN CERTAIN CASES.
Code Sections 5-5-1 and 5-7-1 Amended. Code Section 5-7-1.1 Enacted.
No. 718 (Senate Bill No. 228).
AN ACT
To amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to change the provisions relating to the granting of new trials; to provide for certain appeals from the superior courts, state courts, City Court of Atlanta, and juvenile courts; to provide for powers of the City Court

GEORGIA LAWS 2000 SESSION

863

of Atlanta and juvenile courts; to provide under what circumstances the state is allowed to appeal orders, decisions, and judgments in criminal cases and in adjudication of delinquency cases; to repeal certain provisions relating to the right of the state to direct appeal in certain adjudication of delinquency cases; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by striking in its entirety subsection (a) of Code Section 5-5-1, relating to the power of probate, superior, state, and city courts, and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) The superior, state, and juvenile courts and the City Court of Atlanta shall have power to correct errors and grant new trials in cases or collateral issues in any of the respective courts in such manner and under such rules as they may establish according to law and the usages and customs of courts."

SECTION 2.

Said title is further amended by striking in its entirety Code Section 5-7-1, relating to orders, decisions, or judgments appealable and defendant's right to cross appeal, and inserting in lieu thereof a new Code Section 5-7-1 to read as follows:

"5-7-1.

(a) An appeal may be taken by and on behalf of the State of Georgia from the superior courts, state courts, City Court of Atlanta, and juvenile courts and such other courts from which a direct appeal is authorized to the Court of Appeals of Georgia and the Supreme Court of Georgia in criminal cases and adjudication of delinquency cases in the following instances:

(1) From an order, decision, or judgment setting aside or dismissing any indictment, accusation, or petition alleging that a child has committed a delinquent act or any count thereof;

(2) From an order, decision, or judgment arresting judgment of conviction or adjudication of delinquency upon legal grounds;

(3) From an order, decision, or judgment sustaining a plea or motion in bar, when the defendant has not been put in jeopardy;

864

GENERAL ACTS AND RESOLUTIONS, VOL. I

(4) From an order, decision, or judgment suppressing or excluding evidence illegally seized or excluding the results of any test for alcohol or drugs in the case of motions made and ruled upon prior to the impaneling of a jury or the defendant being put in jeopardy, whichever occurs first;

(5) From an order, decision, or judgment of a court where the court does not have jurisdiction or the order is otherwise void under the Constitution or laws of this state; or

(6) From an order, decision, or judgment of a superior court transferring a case to the juvenile court pursuant to subparagraph (b) (2) (B) of Code Section 15-11-28.

(b) In any instance in which any appeal is taken by and on behalf of the State of Georgia in a criminal case, the defendant shall have the right to cross appeal. Such cross appeal shall be subject to the same rules of practice and procedure as provided for in civil cases under Code Section 5-6-38."

SECTION 3.

Said title is further amended by striking and repealing in its entirety Code Section 5-7-1.1, relating to right of state to direct appeal in certain delinquency cases, which reads as follows:

"5-7-1.1.

An appeal may be taken by and on behalf of the State of Georgia from the juvenile courts and such other courts from which a direct appeal is authorized to the Court of Appeals of Georgia and the Supreme Court of Georgia in delinquency cases in the following instances:

(1) From an order, decision, or judgment sustaining a plea or motion in bar, when the defendant has not been put in jeopardy; or

(2) From an order, decision, or judgment sustaining a motion to suppress evidence illegally seized in the case of motions made and ruled upon prior to the first witness being sworn."

SECTION 4.

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

Approved April 27, 2000.

GEORGIA LAWS 2000 SESSION

865

LOCAL GOVERNMENT- COUNTIES, MUNICIPALITIES, AND CONSOLIDATFD GOVERNMENTS; CODIFICATIONS OF LOCAL
ORDINANCES.

Code Sections 36-15-7 and 36-15-9 Amended. Code Section 36-80-19 Enacted.

No. 719 (Senate Bill No. 295).

AN ACT

To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain provisions regarding county law libraries; to provide for funding of certain codification; to require each local governing authority to prepare and compile a general codification of all ordinances of such local governing authority having the force and effect of law; to provide for compilation as an alternative to codification in certain cases; to provide for amendments; to provide for printing and distribution; to establish the State Law Library as the official state repository of such codes; 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 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking subsection (a) of Code Section 36-15-7, relating to use of law library funds, and inserting in its place a new subsection (a) to read as follows:

"(a) The money paid into the hands of the treasurer of the board of trustees of the county law library shall be used for the purchase of law books, reports, texts, periodicals, supplies, desks, and equipment and for the maintenance, upkeep, and operation of the law library, including the services of a librarian, and for the purchase or leasing of computer related legal research equipment and programs, and, at the discretion of the county governing authority, for the establishment and maintenance of the codification of county ordinances. However, the amount transferred to the county governing authority for codification pursuant to this subsection shall not exceed the cost of establishing or maintaining the codification."

SECTION 2.

Said title is further amended by striking subsection (g) of Code Section 36-159, relating to disposition of fees where there is no law library, and inserting in its place a new subsection (g) to read as follows:

"(g) In counties where a law library authorized by this chapter has not been established, upon request of the county governing authority, the chief judge of a circuit shall direct that the fees authorized by this Code section be

866

GENERAL ACTS AND RESOLUTIONS, VOL. I

charged and collected for the purpose of the establishment and maintenance of the codification of county ordinances. However, the amount transferred to the county governing authority pursuant to this subsection shall not exceed the cost of establishing or maintaining the codification. The clerk of each and every court in such counties in which costs are collected for the purpose of carrying out the provisions of this subsection shall remit the same to the county governing authority on the first day of each month. The county ordinance code provided for in this subsection shall be maintained by the county governing authority. When the costs in criminal cases are not collected, the cost provided in this Code section shall be paid from the fines and forfeitures fund of the court in which the case is filed before any other disbursement or distribution of such fines or forfeitures is made."

SECTION 3.
Said title is further amended by adding a new Code section immediately following Code Section 36-80-18, to be designated Code Section 36-80-19, to read as follows:

"36-80-19.

(a) As used in this Code section, the term:

(1) 'Local governing authority' means the governing authority of each municipality, county, and consolidated government in this state.

(2) 'State Law Library' means the State Law Library provided for under Chapter 11 of Title 50.

(b) (1) Each local governing authority shall, no later than January 1, 2002,

provide for the general codification of all the ordinances and resolutions

of that unit of local government having the force and effect of law. Ex-

cept as provided in paragraph (2) of this subsection, the general codifica-

tion shall be adopted by such local governing authority by ordinance and

shall be published promptly, together with all amendments thereto and

such local Acts of the General Assembly pertaining to the governing au-

thority, codes of technical regulations, and other rules and regulations as

the local governing authority may specify. This compilation shall be

known and cited officially as 'The Code of

, Georgia.'

(2) In cities having a population of 5,000 or less according to the most recent federal decennial census, the governing authority may at its discretion substitute a compilation of ordinances and resolutions for the codification required under paragraph (1) of this subsection. In such case, the compiled ordinances and resolutions shall, at a minimum, be arranged in a logical manner, such as by date, and should preferably include an index or other finding aids. In such case, the compilation shall be known as

GEORGIA LAWS 2000 SESSION

867

'The Compiled Ordinances and Resolutions of

, Georgia' and

shall be distributed and made available in the same manner provided in

this Code section for codifications.

(3) Copies of the code, at the discretion of the local governing authority, shall be furnished to officers, departments, and agencies of the local governing authority. The code shall be made available for purchase by the public at a reasonable price as fixed by the local governing authority. Amendments to a code shall be incorporated into the general codification and published at least annually.

(c) The local governing authority shall cause each ordinance and each amendment to the general codification to be printed promptly following its adoption, and the printed ordinances and amendments shall be made available for purchase by the public at reasonable prices to be fixed by the local governing authority. Following publication of the first code under this Code section and at all times thereafter, the ordinances and amendments shall be printed in substantially the same style as the code currently in effect in such unit of local government and shall be suitable in form for incorporation therein. The local governing authority shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

(d) A copy of each such general codification shall be furnished promptly to the State Law Library which shall be the official state repository for such general codifications; provided, further, that counties financing all or part of the cost of codification through law library fees pursuant to Code Sections 36-15-7 and 36-15-9 shall furnish a copy of each general codification to the county law library."

SECTION 4.

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

Approved April 27, 2000.

868

GENERAL ACTS AND RESOLUTIONS, VOL. I

INSURANCE - QUALIFIED CHARITABLE GIFT ANNUITIES; NOT INSURANCE.
Code Title 33, Chapter 58 Enacted.
No. 720 (Senate Bill No. 300).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to define certain terms; to provide that a qualified charitable gift annuity issued by a charitable organization shall not constitute engaging in the business of insurance; to provide for certain disclosures and notices; to provide for the effects of failure to provide such notices; 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by inserting at the end thereof the following:

"CHAPTER 58
33-58-1.
As used in this chapter, the term:
(1) 'Charitable gift annuity' means a transfer of cash or other property by a donor to a charitable organization in return for an annuity payable over one or two lives, under which the actuarial value of the annuity is less than the value of the cash or other property transferred and the difference in value constitutes a charitable deduction for federal tax purposes.

(2) 'Charitable organization' means an entity described by:
(A) Section 501 (c) (3), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3)); or

(B) Section 170(c), Internal Revenue Code of 1986 (26 U.S.C. Section 170(c)).

(3) 'Qualified charitable gift annuity' means a charitable gift annuity described in Section 501(m)(5), Internal Revenue Code of 1986 (26 U.S.C. Section 501(m) (5)), and Section 514(c) (5), Internal Revenue Code of 1986 (26 U.S.C. Section 514(c)(5)), that is issued by a charitable organization that on the date of the annuity agreement:

(A) Has a minimum of $300,000.00 in unrestricted cash, cash equivalents, or publicly traded securities, exclusive of the assets funding the annuity agreement; and

GEORGIA lAWS 2000 SESSION

869

(B) Has been in continuous operation for at least three years or is a successor or affiliate of a charitable organization that has been in continuous operation for at least three years.

33-58-2.

(a) The issuance of a qualified charitable gift annuity does not constitute engaging in the business of insurance in this state.

(b) A charitable gift annuity issued before July 1, 2000, is a qualified charitable gift annuity for purposes of this chapter, and the issuance of that charitable gift annuity does not constitute engaging in the business of insurance in this state.

33-58-3.

(a) When entering into an agreement for a qualified charitable gift annuity, the charitable organization shall disclose to the donor in writing in the annuity agreement that a qualified charitable gift annuity is not insurance under the laws of this state and is not subject to regulation by the Insurance Commissioner or protected by an insurance guaranty association.

(b) The notice provisions required by this Code section must be in a separate paragraph in a print size no smaller than that employed in the annuity agreement generally.

33-58-4.

(a) A charitable organization that issues qualified charitable gift annmtles shall notify the Commissioner in writing by the later of October 1, 2000, or the date on which it enters into the organization's first qualified charitable gift annuity agreement. The notice shall:

( 1) Be signed by an officer or director of the organization;

(2) Identify the organization; and

(3) Certify that:

(A) The organization is a charitable organization; and

(B) The annuities issued by the organization are qualified charitable gift annuities.

(b) The charitable organization shall not be required to submit additional information except to determine appropriate penalties that may be applicable under Code Section 33-58-5.

870

GENERAL ACTS AND RESOLUTIONS, VOL. I

33-58-5.

The failure of a charitable organization to comply with the notice requirements imposed under Code Section 33-58-3 or Code Section 33-584 does not prevent a charitable gift annuity that otherwise meets the requirements of this chapter from constituting a qualified charitable gift annuity. The Commissioner may enforce performance of the requirements of Code Section 33-58-3 or Code Section 33-584 by sending a letter by certified mail, return receipt requested, demanding that the charitable organization comply with the requirements of such Code sections. The Commissioner may fine the charitable organization in an amount not to exceed $1,000.00 per qualified charitable gift annuity agreement issued until such time as the charitable organization complies with such Code sections.

33-58-6.

The issuance of a qualified charitable gift annuity does not constitute a violation of Article 15 of Chapter 1 of Title 10."

SECTION 2.

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

Approved April 27, 2000.

CRIMES AND OFFENSES- THEFT; SHOPLIFTING; FRAUDULENT USE OF SALES RECEIPT OR UNIVERSAL PRODUCT CODE lABEL.
Code Section 16-8-14 Amended. Code Section 16-8-17 Enacted.
No. 721 (Senate Bill No. 307).
AN ACT
To amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for certain offenses related to defrauding or theft from retail merchants; to provide that shoplifting from three separate stores or retail establishments within one county within seven days when the property which was the subject of each theft exceeds $100.00 in value is a felony; to provide for felony offenses relating to fraudulent use of retail sales receipts and Universal Product Code labels; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA lAWS 2000 SESSION

871

SECTION 1.

Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, is amended by striking in its entirety subsection (b) of Code Section 16-8-14, relating to theft by shoplifting, and inserting in its place the following:

"(b) (1) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is $300.00 or less in value shall be punished as for a misdemeanor; provided, however, that:

(A) Upon conviction of a second offense for shoplifting, where the first offense is either a felony or a misdemeanor, as defined by this Code section, in addition to or in lieu of any imprisonment which might be imposed, the defendant shall be fined not less than $250.00 and the fine shall not be suspended or probated;

(B) Upon conviction of a third offense for shoplifting, where the first two offenses are either felonies or misdemeanors, or a combination of a felony and a misdemeanor, as defined by this Code section, in addition to or in lieu of any fine which might be imposed, the defendant shall be punished by imprisonment for not less than 30 days or confinement in a 'special alternative incarceration-probation boot camp,' probation detention center, diversion center, or other community correctional facility of the Department of Corrections for a period of 120 days or shall be sentenced to monitored house arrest for a period of 120 days and, in addition to either such types of confinement, may be required to undergo psychological evaluation and treatment to be paid for by the defendant; and such sentence of imprisonment or confinement shall not be suspended, probated, deferred, or withheld; and

(C) Upon conviction of a fourth or subsequent offense for shoplifting, where the prior convictions are either felonies or misdemeanors, or any combination of felonies and misdemeanors, as defined by this Code section, the defendant commits a felony and shall be punished by imprisonment for not less than one nor more than ten years; and the first year of such sentence shall not be suspended, probated, deferred, or withheld.

(2) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft exceeds $300.00 in value commits a felony and shall be punished by imprisonment for not less than one nor more than ten years.

(3) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is taken from three separate stores or retail establish-

872

GENERAL ACTS AND RESOLUTIONS, VOL. I

ments within one county during a period of seven days or less and when the property which was the subject of each theft exceeds $100.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years."

SECTION 2.

Said article is further amended by inserting a new Code section to be designated Code Section 16-8-17 to read as follows:

"16-8-17.

(a)(1) Except as provided in paragraph (2) of this subsection, a person who, with intent to cheat or defraud a retailer, possesses, uses, utters, transfers, makes, alters, counterfeits, or reproduces a retail sales receipt or a Universal Product Code label which results in a theft of property which exceeds $300.00 in value, commits a felony and shall be punished by imprisonment for not less than one year and not more than three years or by a fine or both.

(2) A person convicted of a violation of paragraph (I) of this subsection, when the property which was the subject of the theft resulting from the unlawful use of retail sales receipts or Universal Product Code labels is taken from three separate stores or retail establishments within one county during a period of seven days or less and when the property which was the subject of each theft exceeds $100.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years.

(b) A person who, with intent to cheat or defraud a retailer, possesses 15 or more fraudulent retail sales receipts or Universal Product Code labels or possesses a device the purpose of which is to manufacture fraudulent retail sales receipts or Universal Product Code labels will be guilty of a felony and punished by imprisonment for not less than one year and not more than ten years."

SECTION 3.

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

Approved April 27, 2000.

GEORGIA LAWS 2000 SESSION

873

REVENUE AND TAXATION- AD VALOREM TAXES; MUNICIPALITIES LOCATED IN MORE THAN ONE COUNTY; ASSESSMENTS; APPEALS.

Code Sections 48-5-299 and 48-5-311 Amended.

No. 722 (Senate Bill No. 309).

AN ACT

To amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to change certain provisions regarding ascertainment of taxable property; to provide for certain assessment adjustments with respect to municipalities located in more than one county; to repeal certain provisions regarding the assessment, evaluation, and revaluation of ad valorem taxes in any municipal corporation which lies in two or more counties of this state and in which the majority of the population of such municipal corporation resides within any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census and which has an independent school system coextensive with its boundaries; to change certain provisions regarding appeals of property in a municipality located in more than one county; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, is amended by adding a new subsection at the end of Code Section 48-5-299, relating to ascertainment of taxable property, to be designated subsection (d), to read as follows:

"(d) When real or personal property is located within a municipality whose boundaries extend into more than one county, it shall be the duty of each board of tax assessors of a county, wherein a portion of the municipality lies, to cooperatively investigate diligently into whether the valuation of such property is uniformly assessed with other properties located within the municipality but outside the county where such property is located. Such investigation shall include, but is not limited to, an analysis of the assessment to sales ratio of properties that have recently sold within the municipality and a comparison of the average assessment level of such properties by the various counties wherein a portion of the municipality lies. The respective boards shall exchange such information as will facilitate this investigation and make any necessary adjustments to the assessment of the real and personal property that is located in their respective counties within the municipality to achieve a uniform assessment of such property throughout the municipality.

874

GENERAL ACTS AND RESOLUTIONS, VOL. I

Any uniformity adjustments pursuant to this subsection shall only apply to the assessment used for municipal ad valorem tax purposes within the applicable county."
SECTION 2.
Said part is further amended by striking paragraph (4) of subsection (a) of Code Section 48-5-311, relating to county boards of equalization, and inserting in its place a new paragraph (4) to read as follows:
"(4) Reserved."
SECTION 3.
Said part is further amended by striking paragraph (1) of subsection (e) of Code Section 48-5-311, relating to county boards of equalization, and inserting in its place a new paragraph (1) to read as follows:
"(1) (A) Any resident or nonresident taxpayer may appeal from an assessment by the county board of tax assessors to the county board of equalization or to an arbitrator or arbitrators as to matters of taxability, uniformity of assessment, and value, and, for residents, as to denials of homestead exemptions.
(B) In addition to the grounds enumerated in subparagraph (A) of this paragraph, any resident or nonresident taxpayer having property that is located within a municipality, the boundaries of which municipality extend into more than one county, may also appeal from an assessment on such property by the county board of tax assessors to the county board of equalization or to an arbitrator or arbitrators as to matters of uniformity of assessment of their property with other properties located within such municipality, and any uniformity adjustments to the assessment that may result from such appeal shall only apply for municipal ad valorem tax purposes.
(C) Appeals to the county board of equalization shall be conducted in the manner provided in paragraph (2) of this subsection. Appeals to an arbitrator or arbitrators shall be conducted in the manner specified in subsection (f) of this Code section. Such appeal proceedings shall be conducted between the hours of 8:00A.M. and 7:00 P.M. on a business day. Following the notification of the taxpayer of the date and time of their scheduled hearing, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the taxpayer's scheduled hearing to a day and time acceptable to the taxpayer."
SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

GEORGIA lAWS 2000 SESSION

875

SECTION 5.

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

Approved April 27, 2000.

CRIMES AND OFFENSES - WIRETAPPING, EAVESDROPPING, AND SURVEILlANCE.
Code Section 16-11-60 Amended.
No. 723 (Senate Bill No. 316).
AN ACT
To amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of wiretapping, eavesdropping, surveillance, and related offenses, so as to revise and clarify provisions relating to such crimes; to provide more specifically for violations involving the use of cameras and photographic and video equipment; to change the definition of the term "device" as used in said part; to change provisions relating to unlawful observation, photographing, and recording of another in a private place; to make it unlawful for any person to sell, give, or distribute to any person or entity any photograph, videotape, or record, or copies thereof, of the activities of another which occur in any private place and out of public view without the consent of all persons observed; 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.
Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of wiretapping, eavesdropping, surveillance, and related offenses, is amended by striking paragraph (1) of Code Section 1611-60, relating to definitions, and inserting in its place a new paragraph to read as follows:
"(1) 'Device' means an instrument or apparatus used for overhearing, recording, intercepting, or transm1tUng sounds or for observing, photographing, videotaping, recording, or transmitting visual images and which involves in its operation electricity, electronics, or infrared, laser or similar beams. Without limiting the generality of the foregoing, the term 'device' shall specifically include any camera, photographic equipment, video equipment, or other similar equipment but shall not include merely focusing, lighting, illuminating equipment, optical magnifying equipment,

876

GENERAL ACTS AND RESOLUTIONS, VOL. I

or a device commonly referred to as an 'individual hearing aid,' and not including a 'pen register' or 'trap and trace device' as defined in this Code section."
SECTION 2.
Said part is further amended by striking Code Section 16-11-62, relating to unlawful invasions of privacy, and inserting in its place a new Code section to read as follows:
"16-11-62.

It shall be unlawful for:
(1) Any person in a clandestine manner intentionally to overhear, transmit, or record or attempt to overhear, transmit, or record the private conversation of another which shall originate in any private place;
(2) Any person, through the use of any device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view; provided, however, that it shall not be unlawful:
(A) To use any device to observe, photograph, or record the activities of persons incarcerated in any jail, correctional institution, or any other facility in which persons who are charged with or who have been convicted of the commission of a crime are incarcerated, provided that such equipment shall not be used while the prisoner is discussing his or her case with his or her attorney; or

(B) For an owner or occupier of real property to use for security purposes, crime prevention, or crime detection, any device to observe, photograph, or record the activities of persons who are on the property or an approach thereto in areas where there is no reasonable expectation of privacy;

(3) Any person to go on or about the premises of another or any private place for the purpose of invading the privacy of others by eavesdropping upon their conversations or secretly observing their activities;
(4) Any person intentionally and secretly to intercept by the use of any device, instrument, or apparatus the contents of a message sent by telephone, telegraph, letter, or by any other means of private communication;
(5) Any person to divulge to any unauthorized person or authority the content or substance of any private message intercepted lawfully in the manner provided for in Code Section 16-11-65;

GEORGIA LAWS 2000 SESSION

877

(6) Any person to sell, give, or distribute, without legal authority, to any person or entity any photograph, videotape, or record, or copies thereof, of the activities of another which occur in any private place and out of public view without the consent of all persons observed; or

(7) Any person to commit any other acts of a nature similar to those set out in paragraphs (1) through (6) of this Code section which invade the privacy of another."

SECTION 3.

This Act shall become effective July 1, 2000, and shall apply with respect to offenses committed on or after that effective date. This Act shall not affect or abate the status as a crime of any offense committed prior to that effective date, nor shall the prosecution of such crime be abated as a result of this Act.

SECTION 4.

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

Approved April 27, 2000.

CONSERVATION AND NATURAL RESOURCES- PERMITS OR VARIANCES ISSUED BY DIRECTOR OF ENVIRONMENTAL PROTECTION
DIVISION; ACTION ON APPLICATION.
Code Section 12-2-2 Amended.
No. 724 (Senate Bill No. 327).
AN ACT
To amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division of the Department of Natural Resources, so as to specify a period of time within which the director must act on permit and variance applications; to provide that when the director does not either grant or deny a permit or variance application within the time specified for the director to do so, the director shall refund any fees submitted with the application; to provide an exception; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division of the Department of Natural Resources, is amended by striking paragraph (1) of subsection (c) and inserting in its place a new paragraph to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"(c)(1) The director shall issue all orders and shall grant, deny, revoke, or amend all permits or variances provided for in the laws to be enforced by the division. The director shall also issue any certification which is required by any law of this state or the United States to be issued by the director, the Department of Natural Resources, or the State of Georgia relating to pollution control facilities or matters. The director shall notify all permit or variance applicants within 30 days of receipt of the application as to the completeness of the application and, if the director finds the same to be incomplete, what specific additional materials the applicant need submit to make the application complete. The director shall grant or deny any permit or variance within 90 days after receipt of all required application materials by the division, provided that the director may for any application order not more than one extension of time of not more than 60 days within which to grant or deny the permit or variance. When any application for a permit or variance is pending before the director and the director has not either granted or denied the permit or variance within the time specified for the director to do so, the director shall immediately refund any and all fees which were required to be submitted by the applicant as a condition of the permit application, except for fees required to be levied pursuant to federal law. Such fee refund shall not otherwise affect the application process, and the application shall be granted, denied, or otherwise handled as it otherwise would have been, except that the fee requirement shall be waived."

SECTION 2.

This Act shall become effective July 1, 2000, and shall apply with respect to applications pending on that effective date as well as applications submitted on or after that effective date.

SECTION 3.

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

Approved April 27, 2000.

ANIMALS - LIVESTOCK DISEASE CONTROL; FEES FOR CERTAIN SERViCES RENDERED BY DEPARTMENT OF AGRiCULTURE.
Code Section 4-4-2.1 Enacted.
No. 725 (Senate Bill No. 330).
AN ACT
To amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to control of infectious or contagious diseases in livestock, so as to authorize the Commissioner

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of Agriculture to establish, impose, and collect fees for certain services rendered by the Department of Agriculture pursuant to certain federal laws and regulations; to provide for exceptions and exclusions; 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 4 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to control of infectious or contagious diseases in livestock, is amended by adding a new Code Section 4-4-2.1 to read as follows:

"4-4-2.1.

The Commissioner is authorized by rule or regulation to establish, impose, and provide for the collection of reasonable fees for services rendered by the department or its employees or agents in connection with federal programs administered by the United States Department of Agriculture, Animal and Plant Health Inspection Service pursuant to 5 U.S.C. Section 5542; 7 U.S.C. Section 1622; 19 U.S.C. Section 1306; 21 U.S.C. Sections 102 through 105, 111, 114, 114a, 134a, 134c, 134d, 134, 136, and 136a; or 7 C.F.R. 2.22, 2.80, and 371.2(d) (1-1-99 Edition); provided, however, no fees shall be imposed or collected under this Code section for any services rendered for primates or wild animals. The fees so established shall be sufficient in amount to reimburse the state for the cost incurred by the department in providing and administering such services."

SECTION 2.

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

Approved April 27, 2000.

PROFESSIONS AND BUSINESSES - WATER AND WASTEWATER TREATMENT PlANT OPERATORS AND LABORATORY ANALYSTS.
Code Section 43-51-7 Amended.
No. 726 (Senate Bill No. 333).
AN ACT
To amend Chapter 51 of Title 43 of the Official Code of Georgia Annotated, relating to water and wastewater treatment plant operators and laboratory analysts, so as to remove a prohibition on examinations for Class N operators and laboratory analysts; to repeal conflicting laws; and for other purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 51 of Title 43 of the Official Code of Georgia Annotated, relating to water and wastewater treatment plant operators and laboratory analysts, is amended by striking in its entirety Code Section 43-51-7, relating to examinations, and inserting in lieu thereof the following:

"43-51-7.

The board shall prepare examinations to be used in determining the knowledge, ability, and judgment of applicants for certification as operators or laboratory analysts except for applications submitted prior to July 1, 2000, for Class IV level certifications. Such examinations shall be given at least six times annually."

SECTION 2.

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

Approved April 27, 2000.

COURTS - MAGISTRATE COURTS; STILE OF CERTAIN ACTIONS; PROSECUTIONS UPON CITATIONS.
Code Section 15-10-52 Enacted. Code Sections 15-10-63 and 15-10-202 Amended.
No. 727 (Senate Bill No. 338).
AN ACT
To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that the assignee of an obligation may bring certain actions only on behalf of the original obligee; to change the provisions relating to the service of citations for the trial of ordinance violations and deposit account fraud in magistrate courts and the filing of copies with the court; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended by inserting at the end thereof the following:

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"15-10-52.

The style of any action, other than a proceeding brought pursuant to Chapter 7 of Title 44, relating to landlord and tenant, brought in the magistrate court by the assignee of the obligee of any obligation shall show the action in the name of the original obligee by the assignee."

SECTION 2.

Said chapter is further amended by striking subsection (c) of Code Section 15-10-63, relating to use of citations for the trial of ordinance violations m magistrate courts, and inserting in its place the following:

"(c) Prosecutions for violations of ordinances upon citations shall be commenced by the completion, signing, and service of a citation by any agent of the county who is authorized by the county governing authority to issue citations or by an agent of the state authority who is authorized by the authority to issue citations. A copy of the citation shall be personally served upon the accused; and the original shall promptly be filed with the court."

SECTION 3.

Said chapter is further amended by striking subsection (c) of Code Section 1510-202, relating to procedure for the prosecution of misdemeanor violations of Code Section 16-9-20, relating to deposit account fraud, and inserting in its place the following:

"(c) Prosecutions upon citations shall be commenced by the completion and signing of the citation by a judge or clerk of the magistrate court and ~ervice of the citation by a law enforcement officer. A copy of the citation shall be personally served upon the accused and the original shall promptly be filed with the court."

SECTION 4.

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

Approved April 27, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

COMMERCE AND TRADE - CEMETERIES AND FUNERAL SERVICES; REGULATION; EXTENSIVE REVISION.

Code Titles 10, 33, 43, and 44 Amended.

No. 728 (Senate Bill No. 462).

AN ACT

To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to insert the "Georgia Cemetery and Funeral Services Act of 2000"; to amend extensively the "Georgia Cemetery Act of 1983"; to revise and provide additional definitions; to change provisions relating to registration of owners of cemeteries; to provide for registration of burial or funeral merchandise dealers and preneed dealers; to provide for applications for registration and their form, contents, verification, and filing fees; to provide for notice that land designated as a cemetery shall not be conveyed or encumbered except as provided in prior written approval to allow encumbrance of the undeveloped portion of a cemetery in certain circumstances; to provide for duties of the Secretary of State regarding applications for registration; to provide for exemptions and exceptions; to change provisions relating to trust funds for perpetual care; to change provisions relating to investment of assets of such funds and income from such funds; to provide for joint and several liability for deficiencies in such trust funds in certain circumstances; to change provisions relating to escrow accounts for burial and funeral merchandise and preneed sales; to provide for deposits into such accounts upon shortfall; to provide for joint and several liability for deficiencies in such escrow accounts in certain circumstances; to regulate preneed sales agents; to provide for registration of preneed sales agents; to provide for qualifications and affiliations of preneed sales agents; to provide for a registration application and its contents, form, and filing fee; to provide for renewal of registration; to change provisions relating to prohibiting a person from employment with a cemetery or preneed dealer; to delete a fee for intent to transfer of ownership of a cemetery; to change provisions relating to the minimum size for a cemetery; to change provisions relating to denying, suspending, or revoking a registration of a cemetery owner; to change provisions relating to penalties for late filing of an application for renewal registration; to change provisions relating to reports concerning perpetual care trust funds and preneed escrow accounts; to change provisions relating to rules and regulations of the Secretary of State; to delete provisions relating to audit expenses; to provide for inspection and review of any registrant's books; to provide for copies of rules and regulations of cemeteries; to change provisions prohibiting certain actions by persons selling preneed merchandise, burial rights, and burial or funeral merchandise; to prohibit certain actions of cemetery owners relating to the sale or installation of merchandise; to prohibit certain fees; to require compliance with "The Georgia Retail Installment and Home Solicitation Sales Act" for certain installment sales; to provide

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for transfer of contract rights for purchasers of preneed merchandise; to require registrants who sell burial rights, merchandise, or services to provide certain information and disclosures to customers and provide an approved written contract with specified provisions; to change provisions relating to certain penalties; to provide for the recovery of interest and attorney's fees in certain actions; to regulate preconstruction or predevelopment sale of burial rights; to provide for refunds in certain circumstances; to provide for preconstruction trust funds; to provide for completion of mausoleum sections or columbaria by the trustee in certain circumstances; to provide for an annual statement of trust funds' activity; to provide for minimum standards for interment; to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to describe a violation relating to solicitations during a person's final illness for the purpose of persuading a person to seek a refund under an existing preneed contract for burial services or merchandise or funeral services or merchandise; to provide for restitution; to amend Code Section 33-8-1 of the Official Code of Georgia, relating to fees and taxes paid to the Commissioner of Insurance, so as to delete a fee paid for certificate of authority to operate as a preneed funeral service company; to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, so as to repeal provisions relating to contracts for preneed funeral services; to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, so as to move provisions relating to cemeteries to Title 10; to amend Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, so as to change a cross-reference in compliance with other changes in this Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 10 of the Official Code of Georgia Annotated, relating to commerce, is amended by inserting a new chapter to be designated Chapter 14 to read as follows:

"CHAPTER 14

10-14-1.

This article shall be known as and may be cited as the 'Georgia Cemetery and Funeral Services Act of 2000.'

10-14-2.

(a) The legislature recognizes that purchasers of preneed burial rights, funeral or burial merchandise, or funeral services or burial services may suffer serious economic harm if purchase money is not set aside for future use as

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GENERAL ACTS AND RESOLUTIONS, VOL. I

intended by the purchaser and that the failure to maintain cemetery grounds properly may cause significant emotional distress. Therefore, it is necessary in the interest of the public welfare to regulate preneed dealers, licensees, registrants, and cemetery companies in this state. However, restrictions shall be imposed only to the extent necessary to protect the public from significant or discernible harm or damage and not in a manner which will unreasonably affect the competitive market.

(b) Subject to certain interests of society, the legislature finds that every competent adult has the right to control the decisions relating to his or her own funeral arrangements. Accordingly, unless otherwise stated in this chapter, it is the legislature's express intent that nothing contained in this chapter should be construed or interpreted in any manner as to subject preneed contract purchasers to federal income taxation under the grantor trust rules contained in Sections 671 et seq. of the Internal Revenue Code of 1986, as amended.

(c) Nothing herein is intended to prohibit or restrict the sale or purchase of life insurance as a funding vehicle for preneed contracts under this chapter, nor to change the state of the law prior to July 1, 2000, with respect to prohibiting or restricting the sale or purchase of life insurance as a funding vehicle for preneed contracts under this chapter.

10.14-3.

As used in this chapter, the term:

(1) 'Mfiliate' means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with another person. Solely for purposes of this definition, the terms 'owns,' 'is owned,' and 'ownership' mean ownership of an equity interest, or the equivalent thereof, of 10 percent or more, and the term 'person' means an individual, partnership, committee, association, corporation, or any other organization or group of persons.

(2) 'Board' means the State Board of Funeral Service as described and authorized in Chapter 18 of Title 43.

(3) 'Burial merchandise,' 'funeral merchandise,' or 'merchandise' means any personal property offered or sold by any person for use in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains.

(4) 'Burial right' means the right to use a grave space, mausoleum, or columbarium for the interment, entombment, or inurnment of human remains.

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(5) 'Burial service' means any service other than a funeral service offered or provided by any person in connection with the final disposition, memorialization, interment, entombment, or inumment of human remains.

(6) 'Care and maintenance' means the perpetual process of keeping a cemetery and its lots, graves, grounds, landscaping, roads, paths, parking lots, fences, mausoleums, columbaria, vaults, crypts, utilities, and other improvements, structures, and embellishments in a well cared for and dignified condition, so that the cemetery does not become a nuisance or place of reproach and desolation in the community. As specified in the rules of the Secretary of State, care and maintenance may include, but is not limited to, any or all of the following activities: mowing the grass at reasonable intervals; raking and cleaning the grave spaces and adjacent areas; pruning of shrubs and trees; suppression of weeds and exotic flora; and maintenance, upkeep, and repair of drains, water lines, roads, buildings, and other improvements. Care and maintenance may include, but is not limited to, reasonable overhead expenses necessary for such purposes, including maintenance of machinery, tools, and equipment used for such purposes. Care and maintenance may also include repair or restoration of improvements necessary or desirable as a result of wear, deterioration, accident, damage, or destruction. Care and maintenance does not include expenses for the construction and development of new grave spaces or interment structures to be sold to the public.

(7) 'Casket' means a container which is designed for the encasement and viewing of a dead human body.

(8) 'Cemetery' means a place dedicated to and used, or intended to be used, for permanent interment of human remains. A cemetery may contain land or earth interments; mausoleum, a vault, crypt interments; a columbarium or other structure or place used or intended to be used for the inurnment of cremated human remains; or any combination of one or more of such structures or places. Such term shall not include governmentally owned cemeteries, fraternal cemeteries, cemeteries owned and operated by churches, synagogues, or communities or family burial plots.

(9) 'Cemetery company' means any entity that owns or controls cemetery lands or property.

(10) 'Columbarium' means a structure or building which is substantially exposed above the ground and which is intended to be used for the inurnment of cremated human remains.

(11) 'Common business enterprise' means a group of two or more business entities that share common ownership in excess of 50 percent.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(12) 'Cremation' includes any mechanical or thermal process whereby a deceased human being is reduced to ashes. Cremation also includes any other mechanical or thermal process whereby human remains are pulverized, burned, recremated, or otherwise further reduced in size or quantity.

(13) 'Crypt' means a chamber of sufficient size to inter the remains of a deceased human being.

(14) 'Entombment' mean the disposition of a dead human body in a mausoleum but shall not include the opening and closing of a grave space, crypt, or niche or the installation of a vault.

(15) 'Final disposition' means the final disposal of a deceased human being whether by interment, entombment, inurnment, burial at sea, cremation, or any other means and includes, but is not limited to, any other disposition of remains for which a segregated charge is imposed.

(16) 'Funeral director' means any person licensed in this state to practice funeral directing pursuant to the provisions of Chapter 18 of Title 43.

( 17) 'Funeral service' means any service relating to the transportation, embalming, and interment of a deceased human being, as further described in paragraphs (10), (18), and (19) of Code Section 43-18-1.

(18) 'Grave space' or 'lot' means a space of ground in a cemetery intended to be used for the interment in the ground of human remains.

(19) 'Human remains' means the bodies of deceased human beings and includes the bodies in any stage of decomposition and the cremated remains.

(20) 'Interment' means the burial of human remains but shall not include the opening and closing of a grave space, crypt, or niche or the installation of a vault.

(21) 'Inurnment' means the disposition of the cremated remains of a deceased human being in an urn or other container but shall not include the opening and closing of a grave space, crypt, or niche or the installation of a vault.

(22) 'Mausoleum' means a structure or building which is substantially exposed above the ground and which is used, or intended to be used, for the entombment of human remains.

(23) 'Mausoleum section' means any construction unit of a mausoleum which is acceptable to the Secretary of State and which a cemetery uses to initiate its mausoleum program or to add to its existing mausoleum structures.

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(24) 'Monument' means any product used for identifying or permanently decorating a grave site, including, without limitation, monuments, markers, benches, and vases and any base or foundation on which they rest or are mounted.

(25) 'Niche' means a space used, or intended to be used, for the interment of the cremated remains of one or more deceased human beings.

(26) 'Nonperpetual care' means any cemetery which does not offer perpetual care as defined in this Code section.

(27) 'Outer burial container' or 'vault' means an enclosure into which a casket is placed and includes, but is not limited to, containers made of concrete, steel, fiberglass, copper or other metals, sectional concrete enclosures, crypts, and wooden enclosures.

(28) 'Perpetual care' means the care and maintenance and the reasonable administration of the cemetery grounds and buildings at the present time and in the future.

(29) 'Person' or 'entity' means an individual, a corporation, a limited liability company, a general or limited partnership, an association, a jointstock company, a trust, or any type of incorporated or unincorporated organization.

(30) 'Preneed contract' means any arrangement or method, of which the provider of burial or funeral merchandise or services has actual knowledge, whereby any person agrees to furnish burial or funeral merchandise or services in the future.

(31) 'Preneed dealer' means every person, other than a salesperson registered under this chapter, who engages, either for all or part of his or her time, directly or indirectly, as agent, broker, or principal in the retail business of offering, selling, or otherwise dealing in funeral services or burial services or funeral or burial merchandise which is not attached to realty or delivered to the purchaser at the time of sale.

(32) 'Preneed interment service' or 'preneed service' means any service which is not performed at the time of sale and which is offered or provided by any person in connection with the interment of human remains, except those services offered regarding mausoleums and the normal and customary installation charges on burial or funeral merchandise.

(33) 'Sale' or 'sell' means and shall include every contract of sale or disposition of burial rights, grave spaces, burial services, funeral services, or burial or funeral merchandise for value. The term 'offer to sell,' 'offer for sale,' or 'offer' shall include any attempt or offer to dispose of, or so-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

licitation of an offer to buy, grave spaces, burial rights, burial or funeral services, or burial or funeral merchandise for value. This definition shall not include wholesalers of burial or funeral merchandise.

(34) 'Salesperson' or 'sales agent' means an individual employed or appointed or authorized by a cemetery, cemetery company, or preneed dealer to sell grave spaces, burial rights, burial or funeral merchandise, burial or funeral services, or any other right or thing of value in connection with the final disposition of human remains. The owner of a cemetery, the executive officers, and general partners of a cemetery company shall not be deemed to be salespersons within the meaning of this definition unless they are paid a commission for the sale of said property, lots, rights, burial or funeral merchandise, or burial or funeral services.
(35) 'Secretary of State' means the Secretary of State of the State of Georgia.

(36) 'Solicitation' means any communication in the context of an offer or sale of grave spaces, burial or funeral merchandise, or burial or funeral services which directly or implicitly requests a response from the recipient.
10-144.

(a) (1) Unless exempt under this chapter, it shall be unlawful for any person to offer for sale or to sell any cemetery burial rights, mausoleum interment rights, columbarium inurnment rights, grave spaces, or other physical locations for the final disposition of human remains in this state unless such person is registered as or employed by and acting on behalf of and under the direction of a person registered as a cemetery owner pursuant to this Code section.

(2) Unless exempt under this chapter, it shall be unlawful for any person to offer for sale or sell burial or funeral merchandise or burial services in this state unless such person is registered as or employed by and acting on behalf of and under the direction of a person registered as a cemetery owner under this Code section, a funeral director under Chapter 18 of Title 43, or a burial or funeral merchandise dealer under this Code section.
(3) Unless exempt under this chapter, it shall be unlawful for any person to offer for sale or to sell any preneed burial or funeral merchandise or preneed burial services in this state unless such person is registered as a preneed dealer or preneed sales agent pursuant to this Code section.

(4) It shall be unlawful for any person to offer for sale or to sell any funeral services in this state unless such person is licensed as a funeral director under the provisions of Chapter 18 of Title 43.

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(b) (1) Every person desiring to be a registered cemetery owner shall file with the Secretary of State a separate registration application for each cemetery owned in a form prescribed by the Secretary of State, executed and duly verified under oath by the applicant, if the applicant is an individual, or by an executive officer or general partner, if the applicant is a corporation or partnership, or by an individual of similar authority, if the applicant is some other entity, and containing the following information:

(A) The name, mailing address, and telephone number of the applicant, which for the purposes of this Code section shall be the legal owner of the land upon which the cemetery is located;

(B) The location and, if different from the information submitted for subparagraph (A) of this paragraph, the mailing address and telephone number of the cemetery;

(C) The location of all records of the applicant which relate to the cemetery;

(D) If the applicant is not a natural person, the names of the president, secretary, and registered agent if the applicant is a corporation, of each general partner if the applicant is a partnership, or of individuals of similar authority if the applicant is some other entity and their respective addresses and telephone numbers; the name and address of each person who owns 10 percent or more of any class of ownership interest in the applicant and the percentage of such interest; and the date of formation and the jurisdiction of organization of the applicant;

(E) A copy of cemetery rules and regulations, a certified copy of a certificate of existence or certificate of authority issued in accordance with Code Section 14-2-128 if the applicant is a corporation, and any amendments to such documents or any substantially equivalent documents. Any such document once filed with the Secretary of State pursuant to this chapter shall be deemed to be on file and incorporated into any subsequent renewal or filing of such cemetery registration; provided, however, that each applicant and registrant is under a continuing duty to update such filing and to notify the Secretary of State regarding any changes or amendments to the articles of incorporation, bylaws, cemetery rules and regulations, or substantially equivalent documents, and provided, further, that any applicant or registrant shall furnish to the Secretary of State additional copies of any such document upon request;

(F) A description of any judgment or pending litigation to which the applicant or any affiliate of the applicant is a party and which involves the operation of the cemetery or could materially affect the business or assets of the applicant;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(G) Whether the applicant or any affiliate of the applicant owns any other entities in Georgia regulated by this chapter and, if so, the location, mailing address, telephone number, and type of registration of such other entities;

(H) A consent to service of process meeting the requirements of Code Section 10-14-24 for actions brought by the State of Georgia;

(I) The name and business address of each individual employed, appointed, or authorized by the applicant to offer for sale or to sell any grave lots, burial rights, burial or funeral merchandise, or burial services on behalf of the cemetery;
(J) A balance sheet of the applicant dated as of the end of the most recent fiscal year and in no event dated more than 15 months prior to the date of filing, which the Secretary of State shall treat as confidential and not open to public inspection;

(K) Evidence satisfactory to the Secretary of State that the applicant owns for the cemetery unencumbered fee simple title to contiguous land in the minimum acreage required by this chapter or by rules issued by the Secretary of State in accordance with this chapter, properly zoned for use as a cemetery, and dedicated for such use, and a copy of a plat of survey thereto, provided that nothing herein shall prohibit the encumbrance of the undeveloped portion of cemetery property for the purpose of securing debt incurred for the purpose of developing or improving such property;

(L) Evidence satisfactory to the Secretary of State that the applicant has recorded, in the public land records of the county in which the land described in subparagraph (K) of this paragraph is located, a notice that contains the following language:

NOTICE

The property described herein shall not be sold, conveyed, leased, mortgaged, or encumbered except as provided by the prior written approval of the Secretary of State, as provided in the Georgia Cemetery and Funeral Services Act of 2000.

Such notice shall have been clearly printed in boldface type of not less than ten points and may be included on the face of the deed of conveyance to the applicant or may be contained in a separate recorded instrument that contains a legal description of the property.
(M) The name, address, location, and telephone number of the perpet ual care trust account depository or depositories, the names of the ac counts, and the account numbers;

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(N) The name, address, and telephone number of each trustee;

(0) A copy of a perpetual care trust fund agreement executed by the applicant and accepted by the trustee, and evidence satisfactory to the Secretary of State of the deposit into such account of the amount of the initial required deposit, the trust agreement being conditioned only upon issuance of a certificate of registration;

(P) Such other information and documents as the Secretary of State may require by rule; and

(Q) A filing fee of $100.00.

(2) Every person desiring to be a registered preneed dealer shall file with the Secretary of State a registration application in a form prescribed by the Secretary of State, executed and duly verified under oath by the applicant, if the applicant is an individual, or by an executive officer or general partner, if the applicant is a corporation or partnership, or by an individual of similar authority, if the applicant is some other entity, and containing the following information:

(A) The name of the applicant;

(B) The location, mailing address, and telephone number of the applicant's principal business location in Georgia and the same information for other locations where business is conducted, together with any trade names associated with each location;

(C) All locations of the records of the applicant which relate to preneed sales in Georgia;

(D) If the applicant is not a natural person, the names of the president, secretary, and registered agent if the applicant is a corporation, of each general partner if the applicant is a partnership, or of individuals of similar authority, if the applicant is some other entity and their respective addresses and telephone numbers; the name and address of each person who owns 10 percent or more of any class of ownership interest in the applicant and the percentage of such interest; and the date of formation and the jurisdiction of organization of the applicant;

(E) A certified copy of a certificate of existence or certificate of authority issued in accordance with Code Section 14-2-128 if the applicant is a corporation;

(F) A description of any judgment or pending litigation to which the applicant or any affiliate of the applicant is a party and which involves the operation of the applicant's preneed business in Georgia or which could materially affect the business or assets of the applicant;

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GE~ERAL ACTS AND RESOLUTIONS, VOL. I

(G) Whether the applicant or any affiliate of the applicant owns any other entities in Georgia regulated by this chapter and, if so, the location, mailing address, telephone number, and type of registration of such other entities;

(H) A consent to service of process meeting the requirements of Code Section 10-14-24 for actions brought by the State of Georgia;
(I) A list of each individual employed, appointed, or authorized by the applicant to offer for sale or to sell any grave lots, burial rights, burial or funeral merchandise, or burial services on behalf of the applicant;
U) A balance sheet of the applicant dated as of the end of the most recent fiscal year and in no event dated more than 15 months prior to the date of filing, which the Secretary of State shall treat as confidential and not open to public inspection;

(K) The name, address, location, and telephone number of the preneed escrow account depository or depositories, the names of the accounts, and the account numbers;
(L) An executed copy of the escrow agreement required by Code Section 10-14-7;

(M) The name, address, and telephone number of the escrow agent;
(N) Such other information and documents as the Secretary of State may require by rule; and
(0) A filing fee of $250.00.
(3) Every person desiring to be a registered burial or funeral merchandise dealer shall file with the Secretary of State a registration application in a form prescribed by the Secretary of State, executed and duly verified under oath by the applicant, if an individual, or by an executive officer or general partner, if the applicant is a corporation or partnership, or by an individual of similar authority, if the applicant is some other entity, and containing the following information:

(A) The name of the applicant;
(B) The location, mailing address, and telephone number of the applicant's princip:ll business location in Georgia and the same information for other locations where business is conducted, together with any trade names associated with each location;

(C) All locations of the records of the applicant which relate to funeral or burial merchandise sales in Georgia;

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(D) If the applicant is not a natural person, the names of the president, secretary, and registered agent if the applicant is a corporation, of each general partner if the applicant is a partnership, or of individuals of similar authority if the applicant is some other entity and their respective addresses and telephone numbers; the name and address of each person who owns 10 percent or more of any class of ownership interest in the applicant and the percentage of such interest; and the date of formation and the jurisdiction of organization of the applicant;

(E) A certified copy of a certificate of existence or certificate of authority issued in accordance with Code Section 14-2-128 if the applicant is a corporation;

(F) A description of any judgment or pending litigation to which the applicant or any affiliate of the applicant is a party and which involves the operation of the applicant's funeral or burial merchandise business in Georgia or which could materially affect the business or assets of the applicant;

(G) Whether the applicant or any affiliate of the applicant owns any other entities in Georgia regulated by this chapter and, if so, the location, mailing address, telephone number, and type of registration of such other entities;

(H) A consent to service of process meeting the requirements of Code Section 10-14-24 for actions brought by the State of Georgia;

(I) The name and business address of each individual employed, appointed, or authorized by the applicant to offer for sale or to sell any burial or funeral merchandise on behalf of the applicant;

U) A balance sheet of the applicant dated as of the end of the most recent fiscal year and in no event dated more than 15 months prior to the date of filing, which the Secretary of State shall treat as confidential and not open to public inspection;

(K) Such other information and documents as the Secretary of State may require by rule;

(L) A filing fee of $100.00; and

(M) A bond, if required by the rules and regulations of the Secretary of State.

(c) The Secretary of State may approve an application only after he or she has conducted an investigation of the applicant and determined that such applicant is qualified by character, experience, and financial responsibility to conduct the business for which the applicant is seeking registration in a legal and proper manner. A registration application filed under this Code

894

GENERAL ACTS AND RESOLUTIONS, VOL. I

section shall become effective upon the issuing of a certificate of registration by the Secretary of State or at such earlier time as the Secretary of State determines.

(d) Every registration under this subsection shall expire on the first day of August of each year. The registration must be renewed with the Secretary of State each year by the submission of a renewal application containing the information required in an application for initial registration to the extent that such information had not been included in an application or renewal application previously filed together with a sworn statement that all information not provided remains accurate. The filing fee for renewal of registration shall be $50.00 for each cemetery of cemetery owners, $100.00 for preneed dealers, and $50.00 for burial or funeral merchandise dealers.

(e) The Secretary of State, by rule, may provide for exceptions from registration for cemeteries when the Secretary of State determines that the public interest does not require registration, provided that such cemeteries are in existence on or before July 1, 2000, consist of less than 25 acres, and are operated by nonprofit entities.

(f) Notwithstanding any provision to the contrary contained in this Code section, the following shall be exempt from registration as a burial or funeral merchandise dealer:

(1) Any registered cemetery owner;

(2) The owner of any cemetery exempt from registration with respect to sales of burial or funeral merchandise sold for use at such cemetery;

(3) Any licensed funeral director;

(4) Any person providing interment and disinterment services exclusively at cemeteries exempt from registration;

(5) Any monument manufacturer or dealer which does not install monuments in cemeteries required to be registered by this Code section;

(6) Any person who does not offer for sale or sell burial or funeral services or merchandise to the general public; and

(7) Any registered preneed dealer.

In addition, the Secretary of State, by rule, may provide for other exceptions from registration.

(g) (1) Any cemetery in operation on August 1, 1986 which offers perpetual care for some designated sections of its property but does not offer perpetual care to other designated sections shall be considered a perpet-

GEORGIA LAWS 2000 SESSION

895

ual care cemetery for purposes of this chapter. No cemetery formed or created on or after July 1, 2000, may fail to offer perpetual care for any part of such cemetery.

(2) Any nonperpetual care cemetery which was registered with the Secretary of State prior to August 1, 1986, may continue to be operated as such after that date and a renewal of such registration shall not be required.

(3) Any nonperpetual care cemetery which is shown to be of historical significance and is operated solely for historical nonprofit purposes shall be exempt from registration.

(4) Except as specifically authorized under paragraphs (2) and (3) of this subsection, from and after August 1, 1986, it shall be unlawful for any person to operate or establish a nonperpetual care cemetery.

10-14-5.

(a) All individuals who offer preneed contracts to the public, or who execute preneed contracts on behalf of any entity required to be registered as a preneed dealer, and all individuals who offer, sell, or sign contracts for the preneed sale of burial rights shall be registered with the Secretary of State as preneed sales agents, pursuant to this Code section, unless such individuals are exempted under this chapter or individually own a controlling interest in a preneed dealer registered under this chapter.

(b) All preneed sales agents must be employed by a registered preneed dealer.

(c) A preneed dealer shall be liable for the activities of all preneed sales agents who are employed by the preneed dealer or who perform any type of preneed related activity on behalf of the preneed dealer. If a preneed sales agent violates any provision of this chapter, such preneed sales agent and each preneed dealer who employs such preneed sales agent shall be subject to the penalties and remedies set out in Code Sections 10-14-11, 10-14-19, 1014-20, and 10-14-21.

(d) A preneed sales agent may be authorized to sell, offer, and execute preneed contracts on behalf of all entities owned or operated by the agent's sponsoring preneed dealer.

(e) If the application for his or her registration is sent by certified mail, return receipt requested, an individual may begin functioning as a preneed sales agent as soon as a completed application for registration, as set forth in subsection (g) of this Code section, is mailed to the Secretary of State, provided that, if any such sales agent fails to meet the qualifications set forth in this chapter, the preneed dealer shall immediately upon notification by the Secretary of State cause such agent to cease any sales activity on its behalf.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(f) The qualifications for a preneed sales agent are as follows:
(1) The applicant must be at least 18 years of age;
(2) The applicant must not be subject to any order of the Secretary of State that restricts his or her ability to be registered as a preneed sales agent; and
(3) The applicant must not have been adjudicated, civilly or criminally, to have committed fraud or to have violated any law of any state involving fair trade or business practices, have been convicted of a misdemeanor of which fraud is an essential element or which involves any aspect of the funeral or cemetery business, or have been convicted of a felony.
(g) An application for registration as a preneed sales agent shall be submitted to the Secretary of State with an application fee of $100.00 by the preneed dealer on a form that has been designated by the Secretary of State and shall contain, at a minimum, the following:
(1) The name, address, social security number, and date of birth of the applicant and such other information as the Secretary of State may reasonably require of the applicant;
(2) The name, address, and license number of the sponsoring preneed dealer;

(3) A representation, signed by the applicant, that the applicant meets the requirements set forth in subsection (f) of this Code section;
(4) A representation, signed by the preneed dealer, that the applicant is authorized to offer, sell, and sign preneed contracts on behalf of the preneed dealer and that the preneed dealer has informed the applicant of the requirements and prohibitions of this chapter relating to preneed sales, the provisions of the preneed dealer's preneed contract, and the nature of the merchandise, services, or burial rights sold by the preneed dealer;

(5) A statement indicating whether the applicant has any type of working relationship with any other preneed dealer or insurance company; and
(6) A signed agreement by the applicant consenting to an investigation of his or her background with regard to the matters set forth in this Code section, including, without limitation, his or her criminal history.
(h) An individual may be registered as a preneed sales agent on behalf of more than one preneed dealer, provided that the individual has received the written consent of all such preneed dealers.

GEORGIA LAWS 2000 SESSION

897

(i) A preneed dealer who has registered a preneed sales agent shall notify the Secretary of State within three business days of a change in such individual's status as a preneed sales agent with such preneed dealer or upon the occurrence of any other event which would disqualify the individual as a preneed sales agent.
U) Upon receipt and review of an application that complies with all of the
requirements of this Code section, the Secretary of State shall register the applicant. The department shall by rule provide for annual renewal of registration and a renewal fee of $50.00.

(k) Each cemetery registered under this chapter shall maintain in its files for a period of five years a properly completed and executed application for employment in a form prescribed by the Secretary of State for each employee, officer, independent contractor, or other agent directly or indirectly involved in cemetery or preneed sales or any person occupying a similar status or performing similar functions. If a request is made, said forms shall be made available for inspection by authorized representatives of the Secretary of State.

10-14-6.

(a) (1) Each cemetery or cemetery company required to be registered by this chapter shall establish and maintain an irrevocable trust fund for each cemetery owned.

(2) For trust funds established on or after July 1, 2000, the initial deposit to said irrevocable trust fund shall be the sum of $10,000.00 and the deposit of said sum shall be made before selling or contracting to sell any burial right. No such initial deposit shall be required with respect to any cemetery for which there is an existing perpetual care account on July 1, 2000. The trust fund shall apply to sales or contracts for sale of lots, grave spaces, niches, mausoleums, columbaria, urns, or crypts in which perpetual care has been promised or guaranteed.

(3) The initial corpus of the trust fund and all subsequent required deposits shall be deposited in a state bank, state savings and loan institution, savings bank, national bank, or federal savings and loan institution, whose deposits are insured by the Federal Deposit Insurance Corporation or other governmental agency, or a state or federally chartered credit union insured under 12 U.S.C. Section 1781 of the Federal Credit Union Act, or other depository or trustee which is approved by the Secretary of State or which meets the standards contained in the rules and regulations promulgated by the Secretary of State.

(4) Each perpetual care trust fund established on or after July 1, 2000,

shall be named 'The

Cemetery

Perpetual Care

Trust Fund' with the first blank being filled by the name of the cemetery

898

GENERAL ACTS AND RESOLUTIONS, VOL. I

and the second blank being filled by the month and year of the establishment of such trust fund. If a cemetery has a perpetual care trust fund existing on July 1, 2000, and the perpetual care trust fund agreement permits, the cemetery may make additional deposits to such a trust fund on the condition that the entire corpus of the trust fund, any income earned by the trust fund, and any subsequent deposits to the trust fund are thereafter governed by the provisions of this chapter, the 'Georgia Cemetery and Funeral Services Act of 2000,' as it existed on July 1, 2000, except for the amount of the initial deposit to the trust fund. If a cemetery owner or company elects to establish a new perpetual care trust fund subject to the provisions of this chapter, the 'Georgia Cemetery and Funeral Services Act of 2000,' as it existed on July 1, 2000, any perpetual care trust fund which existed on July 1, 2000, is subject to the provisions of law in effect on the date of its establishment, and deposits for sales transacted on or after July 1, 2000, shall be deposited in the trust fund established on or after July 1, 2000. If a cemetery existing on July 1, 2000, has an existing perpetual care trust fund which complies with provisions of law in effect on the date of its establishment, a new trust fund created in compliance with this chapter shall not require an initial deposit.
(b) Whenever any burial right, cemetery lot, grave space, niche, mausoleum, columbarium, urn, or crypt wherein perpetual care or endowment care is promised or contracted for or guaranteed is sold by any cemetery, the cemetery shall make deposits to the trust fund that equal 15 percent of the sales price of the burial right or 7.5 percent of the total sales price of any mausoleums, niches, columbaria, urns, or crypts, provided that the minimum deposit for each burial right shall be $50.00; provided, further, that on July 1, 2003, and every three years thereafter, the amount of said minimum deposit shall be adjusted by the rate of change in the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor. The Secretary of State shall adopt such adjustment to the amount of said minimum deposit by rule. Deposits to the trust fund shall be made not later than 30 days following the last day of the month in which payment therefor is made, or, in the case of a free space, the month in which the space is given. In the event any sale is made on an installment basis, not less than a pro rata share of the principal portion of each payment made and allocated to the lot, grave, space, niche, mausoleum, columbarium, urn, or crypt shall be allocated to the required trust fund deposit, provided that all deposits to the trust fund shall be completed within six years from the date of the signing of the perpetual care contract. The manner of any such allocation shall be clearly reflected on the books of the registrant.

GEORGIA LAWS 2000 SESSION

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(c) The initial $10,000.00 corpus of the perpetual care trust fund shall not be counted as part of the required periodic deposits and shall be considered to be corpus or principal.

(d) The income earned by the trust fund shall be retained by the trust fund. At such time as either:

(1) The cemetery owner is not licensed and has not been licensed for 90 or more consecutive days to sell burial rights;

(2) The cemetery is under the management of a receiver; or

(3) Less than 50 percent of available lots are unsold,

95 percent of the income from the trust fund shall be paid to the owner or receiver exclusively for covering the costs of care and maintenance of the cemetery, including reasonable administrative expenses incurred in connection therewith. The income of the trust fund shall be paid to the owner or receiver at intervals agreed upon by the recipient and the trustee, but in no case shall the income be paid more often than monthly.

(e) There shall be no withdrawals from the trust fund except pursuant to the provisions of this chapter or by court order.

(f) ( 1) The assets of a trust fund shall be invested and reinvested subject to all the terms, conditions, limitations, and restrictions imposed by the laws of the State of Georgia upon executors and trustees regarding the making and depositing of investments with trust moneys pursuant to Code Sections 53-8-1 through 53-8-4 of the 'Pre-1998 Probate Code,' if applicable, or Code Section 53-8-1 and Code Section 53-12-287 of the 'Revised Probate Code of 1998.' Subject to said terms, conditions, limitations, and restrictions, the trustee of the perpetual care trust fund shall have full power to hold, purchase, sell, assign, transfer, reinvest, and dispose of any of the securities and investments in which any of the assets of said fund are invested, including proceeds of investments.

(2) Any state bank, national bank, or other financial institution authorized to act in a fiduciary capacity in this state, which presently or in the future serves as a fiduciary or cofiduciary of the trust fund of a perpetual care cemetery, may invest part or all of such trust fund held by it for investment in interests or participation in one or more common trust funds established by that state bank, national bank, or other financial institution for collective investment, if such investment is not expressly prohibited by the instrument, judgment, decree, or order creating the fiduciary relationship and if, in the case of cofiduciaries the trust institution procures the consent of its cofiduciary or cofiduciaries to such investment, and notwithstanding the fact that such common trust funds are not invested and rein-

900

GENERAL ACTS AND RESOLUTIONS, VOL. I

vested subject to all the terms, conditions, limitations, and restrictions imposed by the laws of the State of Georgia upon executors and trustees in the making and disposing of their investments.
(3) Notwithstanding any other provision of this subsection, the Secretary of State shall establish rules and regulations for investments of a trust fund established on or after July 1, 2000, or otherwise governed by this chapter, the 'Georgia Cemetery and Funeral Services Act of 2000,' as it existed on July 1, 2000, as necessary to preserve the corpus and income of such a fund and for determining what restrictions are necessary for such purpose.
(4) At any time, in the event that the perpetual care trust fund contains an amount less than the amount required by this Code section, the cemetery owner shall, within 15 days after the earlier of becoming aware of such fact or having been so notified by the Secretary of State, deposit into the perpetual care trust fund an amount equal to such shortfall. In the event that the Secretary of State and the cemetery owner disagree regarding the amount of such shortfall, no penalty shall be imposed upon the cemetery owner for any failure to comply with this paragraph unless such failure occurs after notice and opportunity for a hearing as provided in Code Section 10-14-23.
(g) Moneys of the perpetual care trust fund shall not be invested in or loaned to any business venture controlled by the cemetery owner, a person who owns a controlling interest of a cemetery owner that is not a natural person, or an affiliate of any of these persons or entities.
(h) The trustee shall furnish yearly to the Secretary of State a financial report in a form designated by the Secretary of State with respect to the perpetual care trust fund.
(i) Upon a finding by a court of competent jurisdiction of failure to deposit or maintain funds in the trust account as required by this chapter or of fraud, theft, or misconduct by the owners of the cemetery or the officers or directors of a cemetery company which has wasted or depleted such funds, the cemetery owners or the officers or directors of a cemetery company may be held jointly and severally liable for any deficiencies in the trust account as required in this chapter.
10-14-7.
(a) (1) Each preneed dealer which sells burial or funeral merchandise on a preneed basis or preneed burial or funeral services shall establish and maintain a preneed escrow account.

GEORGIA LAWS 2000 SESSION

901

(2) With respect to each monument and outer burial container, and except as otherwise provided in paragraph (3) of this subsection, the amount to be deposited to said escrow account shall be not less than 35 percent of the sales price of such monument or outer burial container; in no event shall the amount deposited be less than 110 percent of the wholesale price of such monument or outer burial container. For any other burial or funeral merchandise, the amount to be deposited to said escrow account shall be not less than 100 percent of the sales price of such merchandise; in no event shall the amount deposited be less than 110 percent of the wholesale price of such merchandise. If the contract of sale shall include grave spaces or items not deemed to be burial or funeral merchandise, the portion of the sales price attributable to the sale of the burial or funeral merchandise shall be determined, and it shall only be as to such portion of the total contract as constitutes burial or funeral merchandise that the deposit described in this paragraph shall be required. In the event that the sale of burial or funeral merchandise is under an installment contract, the required trust deposit shall be a pro rata part of the principal portion of each installment payment, such deposit only being required as payments are made by the purchaser for such burial or funeral merchandise. In the event the installment contract is discounted or sold to a third party, the seller shall be required to deposit an amount equal to the undeposited portion of the required deposit of the sales price of such burial or funeral merchandise at such time as if the contract were paid in full.

(3) With respect to a monument or outer burial container the itemized sales price of which does not include the installation of such item, 100 percent of the installation cost shall be deposited in the escrow account.

(4) With respect to cash advance items and the sale of preneed funeral or burial services, the amount to be deposited to said escrow account shall be 100 percent of the sales price of such funeral or burial services or the full amount of a cash advance item. The time and manner of deposit shall be the same as that specified for deposit of burial or funeral merchandise sale funds to the escrow account.

(b) The deposit specified in paragraphs (2) and (3) of subsection (a) of this Code section shall be made not later than 30 days following the last day of the month in which any payment is received.

(c) The preneed escrow account shall be established and maintained in a state bank, state savings and loan institution, savings bank, national bank, federal savings and loan association, whose deposits are insured by the Federal Deposit Insurance Corporation or other governmental agency, or a state

902

GENERAL ACTS AND RESOLUTIONS, VOL. I

or federally chartered credit union insured under 12 U.S.C. Section 1781 of the Federal Credit Union Act, or other organization approved by the Secretary of State which is located and doing business in this state.

(d) (1) Funds may be released from the escrow account when the burial or funeral merchandise is delivered at the time of need or to the purchaser at the purchaser's request or, in the case of a monument, attached to realty, or at such times as described in the rules and regulations promulgated by the Secretary of State. A preneed dealer is prohibited from requiring preneed delivery to the consumer as a condition of the sale. Outer burial containers may not be delivered prior to need. Deposits made from funds received in payment of preneed services shall remain in the escrow account until such services are performed, at which time said funds may be released to the preneed dealer. The trustee may require certification by the preneed dealer of delivery of merchandise or performance of services before release of funds.

(2) The funds on deposit under the terms of this subsection shall be deemed and regarded as escrow funds pending delivery of the burial or funeral merchandise concerned and said funds may not be pledged, hypothecated, transferred, or in any manner encumbered by the escrow agent nor may said funds be offset or taken for the debts of the preneed dealer until such time as the merchandise has been delivered or the services performed; but after delivery of the burial or funeral merchandise concerned.

(e) At any time, in the event that the preneed escrow account contains an amount less than the amount required by this Code section, the preneed dealer shall, within 15 days after the earlier of becoming aware of such fact or having been so notified by the Secretary of State, deposit into the preneed account an amount equal to such shortfall. In the event that the Secretary of State and the preneed dealer disagree regarding the amount of such shortfall, no penalty shall be imposed upon the preneed dealer for any failure to comply with this provision unless such failure occurs after notice and opportunity for a hearing as provided in Code Section 10-14-23.

(f) Upon a finding by a court of competent jurisdiction of failure to deposit or maintain funds in the preneed escrow account as required by this chapter or of fraud, theft, or other misconduct by the preneed dealer or the officers or directors of the preneed dealer which has wasted or depleted such funds, the preneed dealer or the officers or directors of the preneed dealer may be held jointly and severally liable for any deficiencies in the preneed escrow account.

GEORGIA LAWS 2000 SESSION

903

10-14-8.

(a) The Secretary of State, by order, may prohibit a person who is an employee, officer, independent contractor, or other agent directly involved in the sale of burial rights, burial or funeral merchandise, or burial or fun~ral services from employment or other association with a registrant under this chapter if the Secretary of State finds that such is in the public interest and that said person:

(1) Has willfully made or caused to be made, in any documents filed with the Secretary of State under this chapter, or in any hearings conducted by the Secretary of State, any statement which, at the time and in the light of the circumstances under which it was made, was false or misleading with respect to any material fact, or has willfully omitted to state in any application any material fact which is required to be stated therein or necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading;

(2) Has willfully violated or willfully failed to comply with any provision of this chapter or a predecessor law or any regulation or order promulgated or issued under this chapter or any predecessor law;

(3) Has been adjudicated, civilly or criminally, to have committed fraud or to have violated any law of any state involving fair trade or business practices, has been convicted of a misdemeanor of which fraud is an essential element or which involves any aspect of the funeral or cemetery business, or has been convicted of a felony;

(4) Has engaged in any unethical or dishonest practices in the funeral or cemetery business; or

(5) Is permanently or temporarily enjoined, suspended, or barred by any court of competent jurisdiction or by any state or other jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the funeral or cemetery business.

(b) Where the Secretary of State finds that there are grounds for the prohibition from employment provided in this Code section, he or she may issue an order prohibiting an employee, officer, independent contractor, or other agent directly or indirectly involved in cemetery or preneed sales or any person occupying a similar status or performing similar functions from employment with a registered cemetery or preneed dealer. Such an order shall not be effective until notice and opportunity for hearing are provided in accordance with Code Section 10-14-23 and until the Secretary of State shall issue a written order in accordance with Code Section 10-14-23; but the Secretary of State may, if he or she finds that the public safety or welfare requires emergency action, immediately issue an order prohibiting such person from

904

GENERAL ACTS AND RESOLUTIONS, VOL. I

such employment. Such an order of immediate prohibition will expire automatically if the Secretary of State fails to afford notice and opportunity for hearing pursuant to Code Section 10-14-23.
10-14-9.

(a) A registration application may be amended by filing with the Secretary of State an amended application signed by the persons required to sign the original application under Code Section 10-14-4 or 10-14-5.

(b) Every applicant registered pursuant to Code Section 10-144 or 10-14-5 shall agree to deliver in Georgia, on demand of the Secretary of State, all records and documents concerning funds, accounts, transactions, and activities of said applicant or said applicant shall agree to pay the expenses incurred in sending an auditor approved by the Secretary of State to wherever such records and documents are located for the purpose of conducting an audit pursuant to the provisions of this chapter.
(c) When any cemetery or preneed dealer registered under Code Section 10-14-4 is sold or the ownership is otherwise transferred, or a controlling interest is sold or transferred, the vendor or the transferor of such cemetery, preneed dealer, or interest shall remain liable for any funds that should have been deposited prior to the date of such sale or transfer in the perpetual care trust fund or the preneed escrow account, or both.

(1) Prior to such sale or transfer, the vendor or transferor shall notify the Secretary of State of the proposed transfer and submit to the Secretary of State any document or record the Secretary of State may require in order to demonstrate that said vendor or transferor is not indebted to the perpetual care trust fund or the preneed escrow account, or both. After the transfer of ownership or control and the presentation of proof of currency of the perpetual care trust fund or the preneed escrow account, or both, by the vendor or transferor, the Secretary of State may require the presentation of proof of the continued current status of the perpetual care trust fund or the preneed escrow account, or both, by the vendee or transferee. The Secretary of State is authorized to recover from such vendor, transferor, vendee, or transferee, for the benefit of the perpetual care trust fund or the preneed escrow account, or both, all sums which the vendor, transferor, vendee, or transferee has not properly accounted for and paid into the trust fund.
(2) When the vendee or transferee has complied with the provisions of this subsection, he or she shall submit to the Secretary of State an application for registration and appropriate fees pursuant to Code Section 10-144. The Secretary of State shall then issue a certificate of registration to said vendee or transferee.

GEORGIA LAWS 2000 SESSION

905

10-14-10.

(a) Except as otherwise provided in subsections (b) and (c) of this Code section, every cemetery initially registered according to the provisions of this chapter on or after July 1, 2000, shall consist of not less than ten acres of land.

(b) The following cemeteries shall not be subject to the requirement of subsection (a) of this Code section:

(1) All cemeteries registered according to this article prior to August 1, 1986; or

(2) Cemeteries initially registered on or after August 1, 1986, but before July 1, 2000, which shall consist of not less than 25 acres of land, except for cemeteries subject to a provision of previous law, which allowed cemeteries consisting of not less than ten acres of land dedicated solely for burial purposes and located in counties having a population of less than 10,000 according to the United States decennial census of 1990 or any future such census.

(c) The Secretary of State may provide by rule or regulation for a smaller minimum size for a cemetery which consists solely of one or more columbaria.

10-14-11.

(a) The Secretary of State may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, any registration and shall give notice of such issuance pursuant to Code Section 10-14-23 if he or she finds that the order is in the public interest and that:

(1) The registration as of its effective date, or as of any earlier date in the case of an order denying effectiveness, contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading;

(2) The applicant has failed to file financial reports required by subsection (h) of Code Section 10-14-12;

(3) The applicant has failed to pay the filing fees required by Code Section 10-4-4;

(4) The person or entity registered or sought to be registered or the individual owner, corporate owner, or person who owns a controlling interest of the corporate owner has been adjudicated, civilly or criminally, to have committed fraud or to have violated any law of any state involving fair trade or business practices, has been convicted of a misdemeanor of which fraud is an essential element or which involves any aspect of the funeral or cemetery business, or has been convicted of a felony;

906

GENERAL ACTS AND RESOLUTIONS, VOL. I

(5) The trustee for the perpetual care trust fund or the escrow agent for the preneed escrow account has failed to file financial reports required by subsection (h) of Code Section 10-14-6 or subsection (g) of Code Section 10-14-29;

(6) The person or entity registered or seeking to be registered has become insolvent or has filed a voluntary petition for protection from creditors; or
(7) Any provision of this chapter or any rule, order, or condition lawfully imposed under this chapter has been willfully violated by:
(A) The person filing the registration application;
(B) The registrant's individual owner, corporate owner, or person who owns a controlling interest of the corporate owner; or
(C) The trustee or escrow agent of a trust fund or escrow account established and maintained pursuant to the provisions of this chapter.
(b) The Secretary of State may deny registration or refuse to grant renewal of registration if he or she finds that such refusal or denial is in the public interest and that:
(1) The registration application does not contain a current list of preneed sales agents and accompanying information as required by Code Section 10-144;
(2) The applicant has not paid filing fees or renewal fees as required by Code Section 10-144; or
(3) The applicant has not filed the financial reports required by Code Section 10-144 or subsection (h) of Code Section 10-14-12.
(c) In addition to the actions authorized in subsections (a) and (b) of this Code section, the Secretary of State shall be authorized to impose a penalty fee not to exceed $500.00 for the late filing of an application for a renewal registration or late filing of financial reports required by this chapter, or both. However, the penalty fee or fees imposed for the late filing of an application for renewal of registration or financial reports may be waived by the Secretary of State upon a showing to the Secretary of the State that such late filing was due to circumstances beyond the control of the applicant or registrant despite the exercise by the applicant or registrant of due diligence in the timely filing of the application or report.
(d) The Secretary of State may by order summarily postpone or suspend the effectiveness of the registration or refuse to register any applicant pending final determination of any proceeding under this Code section. Upon the entry of the order, the Secretary of State shall promptly notify the applicant or registrant of the order and the reasons for the order and that, within 15

GEORGIA LAWS 2000 SESSION

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days after the receipt of a written request, the matter will be heard. If no hearing is requested and none is ordered by the Secretary of State, the order will remain in effect until it is modified or vacated by the Secretary of State. If a hearing is requested or ordered, the Secretary of State, after notice of an opportunity for hearing to the persons affected, may modify or vacate the order or extend it until final determination.

(e) The Secretary of State may vacate or modify a stop order if he or she finds that the conditions which prompted its entry have changed or that it is otherwise in the public interest to do so.

(f) No stop order issued under any part of this Code section, except the first sentence of subsection (d) of this Code section, shall become effective until and unless the Secretary of State has complied with the provisions of Code Section 10-14-23.

10-14-12.

(a) Each registrant under paragraph (1) or (2) of subsection (b), or both, of Code Section 10-144 shall establish and maintain a separate and distinct account for the perpetual care trust fund for each cemetery and for the preneed escrow account. There shall be no commingling, codeposits, or transfers of funds between the accounts, except pursuant to court order and with the knowledge and consent of the Secretary of State.

(b) Each registrant shall keep and maintain separate books, records, accounts, and documents regarding the transaction of its business. The books, records, accounts, and documents related to the keeping of funds pursuant to the provisions of this chapter and the rules and regulations promulgated under this chapter shall be kept and maintained by the registrant separately from the other books, records, accounts, and documents related to the transaction of business.

(c) A cemetery owner or an officer or director of a cemetery company may be a trustee of the perpetual care trust fund of a cemetery which the individual or cemetery company owns upon approval of the Secretary of State.

(d) The Secretary of State shall have the authority to prescribe or approve the form of the perpetual care trust agreement and shall have the authority to approve or disapprove any amendments to said trust agreement as of July 1, 1983.

(e) The Secretary of State shall have the authority to prescribe or approve the form of the preneed escrow account agreement and shall have the authority to approve or disapprove any amendments to said escrow account agreement as of July 1, 1983.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(f) A trustee or escrow agent of a registrant may be removed pursuant to the provisions of Code Section 10-14-19 or by other means provided by the laws of this state.

(g) Each perpetual care cemetery and preneed dealer shall file a report concerning the perpetual care trust and the preneed escrow account at annually with the Secretary of State, provided that, after notice and a hearing, the Secretary of State may order more frequent reports in the event any such report is not filed in a timely manner or if the report filed contains errors and deficiencies. The report shall be on a form prescribed by the Secretary of State.
10-14-13.
For the purposes of venue for any civil or criminal action under this chapter, any violation of this chapter or of any rule, regulation, or order promulgated under this chapter shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated this chapter, in the county of any violator's principal place of business in this state, in the county of the cemetery's or preneed dealer's or burial or funeral merchandise dealer's location or residence in this state, and in any county in which any violator had control or possession of any proceeds of said violation or of any books, records, documents, or other material or objects which were used in furtherance of said violation.
10-14-14.

(a) The administration of the provisions of this chapter shall be vested in the Secretary of State, who may delegate such of his or her powers and duties under this chapter to a subordinate of the office as he or she shall deem appropriate.
(b) The Secretary of State shall keep a record of all proceedings related to his or her duties under this chapter and shall keep records in which shall be entered the names of all cemeteries, preneed dealers, preneed sales agents, and burial or funeral merchandise dealers to whom certificates of registration are issued, which records shall be open at all times for public inspection.
(c) The Secretary of State shall have the authority to administer oaths in, and to prescribe forms for, all matters arising under this chapter.
(d) The Secretary of State shall have authority to employ examiners, clerks and stenographers, and other employees as the administration of this law may require. The Secretary of State shall also have authority to appoint and employ investigators who shall have, in any case in which there is a reason

GEORGIA lAWS 2000 SESSION

909

to believe a violation of this chapter has occurred or is about to occur, the right and power to serve subpoenas and to swear out and execute search warrants and arrest warrants.

(e) The Secretary of State shall have the power to make such rules and regulations from time to time as he or she may deem necessary and proper for the enforcement of this chapter including, without limitation, rules regarding the solicitation of burial or funeral rights, merchandise, or services. The Secretary of State shall regulate such solicitation to protect the public from solicitation which is intimidating, overreaching, vexatious, fraudulent, or misleading; which utilizes undue influence; or which takes undue advantage of a person's ignorance or emotional vulnerability. Such rules and regulations shall be adopted, promulgated, and contested as provided in Chapter 13 of Title 50.

10-14-15.

(a) The Secretary of State, at his or her discretion:

(1) May make such public or private investigations or examinations inside or outside this state as he or she deems necessary to determine whether any person has violated or is about to violate any provision of this chapter or any rule, regulation, or order under this chapter or to aid in the enforcement of this chapter or in the prescribing of rules and regulations under this chapter; and

(2) May require or permit any person to file a statement in writing, under oath or otherwise as the Secretary of State determines, as to all the facts and circumstances concerning the matter to be investigated.

(b) For the purpose of conducting any investigation as provided in this Code section, the Secretary of State shall have the power to administer oaths, to call any party to testifY under oath at such investigations, to require the attendance of witnesses and the production of books, records, and papers, and to take the depositions of witnesses; and, for such purposes, the Secretary of State is authorized to issue a subpoena for any witness or a subpoena for the production of documentary evidence to compel the production of any books, records, or papers. Said subpoenas may be served by certified mail, return receipt requested, to the addressee's business mailing address or by investigators appointed by the Secretary of State or shall be directed for service to the sheriff of the county where such witness resides or is found or where such person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the Secretary of State in the same manner that other expenses of the Secretary of State are paid.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) In case of refusal to obey a subpoena issued under any Code section of this chapter to any person, a superior court of appropriate jurisdiction, upon application by the Secretary of State, may issue to the person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court.
(d) The Secretary of State is authorized to hold investigative hearings with respect to any matter under this chapter. A hearing as provided for in this Code section may be conducted by any person designated by the Secretary of State for that purpose. A transcript of the testimony and evidence resulting from such hearing may, but need not, be transcribed by the Secretary of State. A report of the investigative hearing shall be included in the investigative report prepared for the Secretary of State. Any recommendations of the designated representative of the Secretary of State shall be advisory only and shall not have the effect of an order of the Secretary of State.

(e) The Secretary of State shall have the authority to inspect and review or cause to be reviewed the books of each registrant under this chapter. Said inspection or review may be conducted by the Secretary of State as frequently as the Secretary of State may deem appropriate.
10-14-16.

(a) The owner of every cemetery may make, adopt, and enforce rules and regulations for the use, care, control, management, restriction, and protection of such cemetery and of all parts and subdivisions thereof; for restricting, limiting, and regulating the use of all property within such cemetery; for regulating and preventing the introduction and care of plants or shrubs within such grounds; for regulating the conduct of persons and preventing improper assemblages therein; and for all other purposes deemed necessary by the owner of the cemetery for the proper conduct of the business of the cemetery and the protection of safeguarding the premises and the principles, plans, and ideas on which the cemetery was organized. From time to time, the owner may amend, add to, revise, change, modify, or abolish such rules and regulations. Such rules and regulations shall be plainly printed or typewritten, posted conspicuously, and maintained, subject to inspection and copy, at the usual place for transacting the regular business of the cemetery; provided, however, that no cemetery to which the provisions of this chapter are applicable shall have the power to adopt any rule or regulation in conflict with any of the provisions of this chapter or in derogation of the contract rights of lot owners or owners of burial rights. Upon request, the registrant shall provide a copy of said rules and regulations to any person who requests it.

GEORGIA LAWS 2000 SESSION

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(b) The owner of every cemetery shall have the further right to establish reasonable rules and regulations regarding the type material, design, composition, finish, and specifications of any and all merchandise to be used or installed in the cemetery. Subject to the provisions of this Code section and rules of the Secretary of State, reasonable rules may further be adopted regarding the installing by the cemetery or others of all merchandise to be installed in the cemetery. Such rules and regulations shall be posted conspicuously and maintained, subject to inspection and copy, at the usual place for transacting the regular business of the cemetery. Upon request, the registrant shall provide a copy of said rules and regulations to any person requesting it. No cemetery owner shall have the right to prevent the use of any merchandise purchased by a lot owner or owner of a burial right, his or her representative, his or her agent, or his or her heirs or assigns from any source, provided the merchandise meets all rules and regulations.

(c) All registrants shall have a full and complete schedule of all charges for grave lots, burial rights, burial or funeral merchandise, and burial or funeral services provided by the registrant plainly printed or typewritten, posted conspicuously, and maintained, subject to inspection and copy, at the usual place for transacting the regular business of the cemetery. Upon request, the registrant shall provide a copy of said schedule of charges to any person requesting it.

10-14-17.

(a) It shall be unlawful for any person:

(1) To sell or offer to sell any burial rights, burial or funeral services, or burial or funeral merchandise by means of any oral or written untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading, the buyer not knowing of the untruth or omission, if such person shall not sustain the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of the untruth or omission;

(2) To sell or offer to sell any, burial rights, burial or funeral services, or burial or funeral merchandise in violation of any provision of this chapter or rule, regulation, or order promulgated or issued by the Secretary of State under any provision of this chapter;

(3) Except as otherwise provided in paragraph (4) of this subsection, in connection with the sale of preneed merchandise or services requiring funds to be deposited into a preneed escrow account, to fail to refund, within three business days of the request of the purchaser or the pur-

912

GENERAL ACTS AND RESOLUTIONS, VOL. I

chaser's heirs or assigns, the sales prices plus applicable interest as determined according to rules promulgated by the Secretary of State, provided that such request is made prior to the earlier of:
(A) The delivery of the merchandise or services; or
(B) The death of the person for whose interment or inurnment the merchandise or services are intended to be used.
Certain solicitations during a person's last illness relating to refunds shall be a violation of Part 2 of Article 15 of Chapter 1 of this title, the 'Fair Business Practices Act of 1975,' as set out in Code Section 10-1-393.7;

(4) In connection with the sale of monuments or vaults, to fail to refund within three business days of the request of the purchaser or the purchaser's heirs or assigns the full sales price, without interest, provided that such request is made prior to the earlier of:

(A) The delivery of the merchandise or services; or

(B) The death of the person for whose interment or inurnment the monument or vault is intended to be used.

Certain solicitations during a person's last illness relating to refunds shall be a violation of Part 2 of Article 15 of Chapter 1 of this title, the 'Fair Business Practices Act of 1975,' as set out in Code Section 10-1-393.7;

(5) To misappropriate, convert, illegally withhold, or fail to account for any trust funds, escrow funds, or other funds established or maintained pursuant to this chapter;
(6) Knowingly to cause to be made, in any document filed with the Secretary of State or in any proceeding under this chapter, any statement which is, at the time it is made and in the light of the circumstances under which it is made, false or misleading in any material respect;

(7) To sell, offer to sell, solicit offers to buy, or otherwise engage in the sale of funeral services if such person is not a licensed funeral director; or

(8) To sell any grave space which has not been platted and pinned.
(b) It shall be unlawful for any person in connection with the ownership, offer, sale, or purchase of any burial rights, burial or funeral services, or burial or funeral merchandise, directly or indirectly:
( l) To employ any device, scheme, or artifice to defraud; or
(2) To engage in any transaction, act, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser or seller.

GEORGIA lAWS 2000 SESSION

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(c) In connection with the sale or installation of merchandise, it shall be unlawful for a cemetery company to:

(1) Impose any condition upon the installation of merchandise obtained from a third party, other than to require installation by a registrant under this chapter or as may be otherwise permitted by the rules and regulations of the Secretary of State;

(2) Charge a fee for the installation of merchandise purchased or obtained from and to be installed by a person or firm other than the cemetery company or its agents, provided that the cemetery owner may charge a fee not to exceed $50.00 to reimburse the cemetery owner for its actual costs incurred in assisting in the siting of a monument on the lot on which it is to be installed, supervision and inspection of the installation to ensure compliance with the rules and regulations of the cemetery, and any administrative functions associated with the installation; provided, further, any such fee is properly disclosed and published as required by this chapter and charged regardless of whether the installer is or is not the cemetery owner or affiliated therewith;

(3) Refuse to mark the place on the grave where the merchandise is to be installed and inspect the installation when completed to ensure compliance with cemetery rules and regulations;

(4) Require any person or firm that installs, places, or sets merchandise to pay any fee other than any fee charged pursuant to paragraph (2) of this subsection;

(5) Tie the purchase of any grave space or burial right to the purchase of merchandise from or through the seller or any other designated person or corporation;

(6) Refuse to provide care or maintenance for any portion of a grave site on which a monument has been placed, provided that installation has been in accordance with lawful rules and regulations of the cemetery;

(7) Attempt to waive liability with respect to damage caused by cemetery employees or agents to merchandise after installation, where merchandise or installation service is not purchased from the cemetery company providing grave space or from or through any other person or corporation designated by the person authorized to sell grave space or the cemetery company providing grave space; provided, however, that no cemetery company may be held liable for the improper installation of merchandise where merchandise is not installed by the cemetery company or its agents;

(8) Mter the promulgation of rules and regulations relating to the subject matter of this subsection by the Secretary of State, to require any person who installs, places, or sets merchandise to obtain any form of insurance,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

bond, or surety or make any form of pledge, deposit, or monetary guarantee as a condition of entry or access to cemetery property or the installation of merchandise thereon, other than as may be in accordance with said rules and regulations.

(d) Other than the fees for the sale of burial rights, burial or funeral merchandise, and burial or funeral services, no other fee may be directly or indirectly charged, contracted for, or received by a cemetery company as a condition for a customer to use any burial right, burial or funeral merchandise, or burial or funeral service, except for:
(1) Charges paid for opening and closing a grave and vault installation;
(2) Charges paid for transferring burial rights from one purchaser to another; however, no such fee may exceed $50.00 and such fee must have been disclosed in writing to the owner at the time of the initial purchase of the burial right from the cemetery;
(3) Charges for sales, documentary, excise, and other taxes actually and necessarily paid to a public official, which charges must be supported in fact;
(4) Charges for credit life and credit disability insurance, but only as requested by the purchaser, and the premiums for which do not exceed the applicable premium chargeable in accordance with the rates filed with the Insurance Commissioner; or
(5) Charges for interest on unpaid balances in accordance with applicable law.

Nothing herein shall prohibit a cemetery company from charging a reasonable fee for services it provides in connection with a lawful disinterment, provided such charges do not exceed the greater of the cemetery company's normal and customary charges for interment or the actual costs incurred by the cemetery directly attributable to such disinterment. Nothing herein shall prohibit a cemetery from charging a reasonable fee for actual costs it incurs due to the commencement of a funeral service at a time other than previously agreed by the cemetery company, the funeral establishment, and the owner of the burial rights, or his or her heirs and assigns, provided such charges are calculated in a manner which is disclosed and published as required by this chapter and that such charges are directly attributable to extra costs incurred by the cemetery company due to such late commencement.
(e) In connection with the sale of burial rights, burial or funeral merchandise, or burial or funeral services, it shall be unlawful for any person to fail to comply with the provisions of Article 1 of Chapter 1 of this title, 'The Georgia Retail Installment and Home Solicitation Sales Act' or Part 2 of Ar-

GEORGIA LAWS 2000 SESSION

915

tide 15 of Chapter 1 of this title, the 'Fair Business Practices Act of 1975.' For the purposes of this subsection, burial rights, burial or funeral services, and burial or funeral merchandise shall constitute goods as that term is used in said article and said part.

() In connection with the installation of a monument:

(1) It shall be unlawful for any person installing said monument to fail to comply with the lawful rules and regulations of the cemetery regarding monument installation, provided that said rules and regulations are provided in writing to the installer prior to the installation. In the event such installation is not in conformity with said rules and regulations, the installer shall be liable to the cemetery for the actual cost of correcting such installation so it will be in conformity, provided that:

(A) The cemetery has notified the installer by certified mail, return receipt requested, of the reasons for the nonconformity not later than one year after the date of the installation; and

(B) The installer, provided it is registered under this chapter, shall have had not less than 30 days from its receipt of such notice to correct such nonconformity; and

(2) An installer of a monument shall be liable to the cemetery, to its customers, and to third persons for damages to their respective property and for other damages arising due to the negligence or intentional act of such installer, which liability may not be waived by contract.

(g) No program offering free burial rights may be conditioned on any requirement to purchase additional burial rights, burial or funeral merchandise, or burial or funeral services.

(h) The contract rights of any purchaser of preneed merchandise shall be freely transferable without fee.

(i) It shall be unlawful for any owner or operator of a perpetual care cemetery to fail to provide care and maintenance for the cemetery.

10-14-18.

(a) A registrant offering to provide burial rights, burial or funeral merchandise, or burial <?r funeral services to the public shall:

(1) Provide by telephone, upon request, accurate information regarding the retail prices of burial or funeral merchandise and services offered for sale by the registrant;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) Fully disclose all regularly offered services and merchandise prior to the selection of burial rights, burial or funeral services, or burial or funeral merchandise. The full disclosure required shall identify the prices of all burial or rights, burial or funeral services, and burial or funeral merchandise provided by the registrant;
(3) Not make any false or misleading statements of the legal requirement as to the necessity of a casket or outer burial container;
(4) Provide a good faith estimate of all fees and costs the customer will incur to use any burial rights, merchandise, or services purchased;

(5) Provide to the customer a current copy of the rules and regulations of the registrant;

(6) Provide the registrant's policy on cancellation and refunds to each customer;

(7) Provide refunds if burial or funeral merchandise is not delivered as represented; and
(8) Provide the customer, upon the purchase of any burial right or burial or funeral merchandise or service, a written contract, the form of which has been filed with the Secretary of State.
(b) In a manner. established by rule of the Secretary of State, the written contract shall provide on the signature page of the contract, clearly and conspicuously in boldface ten-point type or larger, the following:
(1) The words 'purchase price' together with the sum of all items set out in the contract in accordance with subsection (d) of this Code section;
(2) The amount to be placed in trust;
(3) Either:
(A) A statement that no further expenses will be incurred at the time of need; or

(B) A statement that additional expenses will be incurred at the time of need, the registrant's current price for each such expense, and a statement that such prices may be expected to increase in the future; and
(4) The telephone number designated by the Secretary of State for questions and complaints.
(c) The written contract shall be completed prior to the signing of the contract by the customer and a copy of the contract shall be provided to the customer.

GEORGIA LAWS 2000 SESSION

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(d) The written contract shall provide an itemization of the amounts charged for all burial rights, burial or funeral services, burial or funeral merchandise, cash advances, and fees and other charges, which itemization shall be clearly and conspicuously segregated from everything else on the written contract.

(e) The written contract shall contain a description of the burial or funeral merchandise covered by the contract to include, when applicable, size, materials from which the burial or funeral merchandise is made, and other relevant specifications as may be required by the Secretary of State.

(f) The written contract shall disclose the location at which funeral services are to be provided and the space number of each lot or grave space.

10-14-19.

(a) Whenever it may appear to the Secretary of State that any person has engaged in, or is engaging in, or is about to engage in any act or practice or transaction which is prohibited by this chapter or by any rule, regulation, or order of the Secretary of State promulgated or issued pursuant to any Code section of this chapter or which is declared to be unlawful under this chapter, the Secretary of State may, at his or her discretion, act under any or all of the following paragraphs:

(1) Issue an order, if he or she deems it to be appropriate in the public interest or for the protection of consumers, prohibiting such person from continuing such act, practice, or transaction, subject to the right of such person to a hearing as provided in Code Section 10-14-23;

(2) Apply to any superior court of competent jurisdiction in this state for an injunction restraining such person and such person's agents, employees, partners, officers, and directors from continuing such act, practice, or transaction or engaging therein or doing any acts in furtherance thereof, and for appointment of a receiver or an auditor and such other and further relief as the facts may warrant; or

(3) Transmit such evidence as may be available concerning such act, practice, or transaction to any district attorney or to the Attorney General, who may, at his or her individual discretion, institute the necessary criminal proceedings.

(b) In any proceedings for an injunction, the Secretary of State may apply for and be entitled to have issued the court's subpoena requiring the appearance forthwith of any defendant and its agents, employees, partners, officers, or directors, and the production of such documents, books, and records as may appear necessary for the hearing upon the petition for an injunction. Upon proof of any of the offenses described in this Code section,

918

GENERAL ACTS AND RESOLUTIONS, VOL. I

the court may grant such injunction and appoint a receiver or an auditor and issue such other orders for the protection of the public as the facts may warrant.
(c) In any criminal proceeding, either the district attorney or the Attorney General, or both, may apply for and be entitled to have issued the court's subpoena requiring the appearance forthwith of any defendant or its agents, employees, partners, officers, or directors and the production of such documents, books, and records as may appear necessary for the prosecution of such criminal proceedings.
(d) In any civil proceeding brought under this Code section, if the Secretary of State shall establish that a perpetual care trust fund or preneed escrow account has not been established and maintained as required, the assets of the cemetery, cemetery company, or preneed dealer may be seized and sold by the state under orders of the court to the extent necessary to provide said perpetual care trust fund or preneed escrow account and set up the same. In addition, where the registration has been revoked, the whole company property may be ordered sold after the perpetual care trust fund and preneed escrow account have been established so that the purchaser of the cemetery may continue to operate the same and maintain it under the terms of this chapter.
(e) The Secretary of State shall have the authority to petition a court of competent jurisdiction to remove a trustee or escrow agent for violation of the provisions of this chapter, the rules and regulations promulgated under this chapter, or for other unlawful acts and practices.

(f) In addition to any other penalties that may be imposed, any person willfully violating any provisions of Code Section 10-14-17 or 10-14-18 or of Code Section 10-14-11 or any rule, regulation, or order of the Secretary of State made pursuant to Code Section 10-14-17, 10-14-18, or 10-14-11 shall be subject to a civil penalty not to exceed $10,000.00 for a single violation and not exceeding $100,000.00 for multiple violations in a single proceeding or a series of related proceedings. The Secretary of State shall be authorized in his or her discretion to decline to impose a penalty or to impose any lesser penalty that he or she may deem to be sufficient and appropriate in any particular case. The amount of such penalty may be collected by the Secretary of State in the same manner that money judgments are now enforced in the superior courts of this state, except that the order or finding of the Secretary of State as to such penalty may be appealed according to the provisions of Code Section 10-14-22.

GEORGIA lAWS 2000 SESSION

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10-14-20.

(a) Except as otherwise provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both.

(b) Any person who shall willfully violate Code Section 10-14-17, Code Section 10-14-18, or any provision of this chapter regarding the establishment, maintenance, or reporting of any trust, reserve, or escrow funds mandated by this chapter shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $10,000.00 or imprisonment for not less than one and not more than five years, or both.

(c) Nothing in this chapter shall limit any statutory or common-law right of the state to punish any person for violation of any provision of any law.

10-14-21.

(a) Any person who violates any provision of subsection (a) of Code Section 10-14-17 shall be liable to the person buying such burial lot, burial right, burial merchandise, or burial service; and such buyer may bring action in any court of competent jurisdiction to recover the consideration paid in cash for the burial lot, burial right, burial merchandise, or burial service together with interest at the legal rate from the date of such payment, and reasonable attorney's fees and costs.

(b) In addition to the remedy set forth in subsection (a) of this Code section, a purchaser may apply to a court of competent jurisdiction in this state for an order authorizing the recovery of the preneed escrow deposit if a registrant fails to deliver burial merchandise or perform preneed burial services in accordance with the terms of the preneed sales contract.

(c) No person may bring action under this Code section more than two years from the date of the scheduled completion of the contract for sale or from the date of the sale if there is no contract for sale.

(d) Every cause of action under this chapter survives the death of any person who might have been a plaintiff or defendant.

(e) Nothing in this chapter shall limit any statutory or common-law right of any person in any court for any act involving the sale of a burial lot, burial right, burial merchandise, or burial services.

10-14-22.

(a) An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with the provisions of Code Section 10-14-23 by any person adversely affected thereby to the Superior Court of

920

GENERAL ACTS AND RESOLUTIONS, VOL. I

Fulton County, Georgia, by serving on the Secretary of State, within 20 days after the date of entry of such order, a written notice of appeal, signed by the appellant, stating:

(1) The order from which the appeal is taken;

(2) The ground upon which a reversal or modification of such order is sought; and

(3) A demand for a certified transcript of the record of such order.

(b) Upon receipt of such notice of appeal, the Secretary of State shall, within ten days thereafter, make, certify, and deliver to the appellant a transcript of the record of the order from which the appeal is taken, provided that the appellant shall pay the reasonable costs of such transcript. The appellant shall, within five days after receipt of such transcript, file such transcript and a copy of the notice of appeal with the clerk of the court. Said notice of appeal and transcript of the record shall constitute appellant's complaint. Said complaint shall thereupon be entered on the trial calendar of the court in accordance with the court's normal procedures.

(c) If the order of the Secretary of State shall be reversed, the court shall by its mandate specifically direct the Secretary of State as to his or her further action in the matter, including the making and entering of any order or orders in connection therewith and the conditions, limitations, or restrictions to be contained therein.

10-14-23.

(a) Where the Secretary of State has issued any order forbidding the sale of burial lots, burial rights, burial merchandise, or burial services under any provision of this chapter, he or she shall promptly send to the cemetery owner, cemetery company, burial or funeral merchandise dealer, or preneed dealer and to the persons who have filed such application for registration a notice of opportunity for hearing. Before entering an order refusing to register any person or entity and after the entering of any order for revocation or suspension, the Secretary of State shall promptly send to such person or entity a notice of opportunity for hearing. Hearings shall be conducted by the Secretary of State pursuant to this Code section.

(b) Notices of opportunity for hearing shall be served by investigators appointed by the Secretary of State or sent by certified mail, return receipt requested, to the addressee's business mailing address, and such notice shall state:

(1) The order which has issued or which is proposed to be issued; (2) The ground for issuing such order or proposed order; and

GEORGIA lAWS 2000 SESSION

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(3) That the person to whom such notice is sent will be afforded a hearing upon request if such request is made within ten days after receipt of the notice.

(c) Whenever a person requests a hearing in accordance with the provisions of this Code section, there shall immediately be set a date, time, and place for such hearing, and the person requesting such hearing shall forthwith be notified thereof. The date set for such hearing shall be within 15 days, but not earlier than five days after the request for hearing has been made, unless otherwise agreed to by the issuer of the notice and the person requesting such hearing.

(d) For the purpose of conducting any hearing as provided in this Code section, the Secretary of State shall have the power to administer oaths, to call any party to testifY under oath at such hearings, to require the attendance of witnesses and the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes the Secretary of State is authorized, at the request of the person requesting such hearing or upon the official's own initiative, to issue a subpoena for any witnesses or a subpoena for the production of documentary evidence to compel the production of any books, records, or papers. Said subpoenas may be served by certified mail, return receipt requested, to the addressee's business mailing address or by investigators appointed by the Secretary of State or shall be directed for service to the sheriff of the county where such witness resides or is found or where such person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the Secretary of State in the same manner that other expenses of the Secretary of State are paid.

(e) At any hearing conducted under this Code section, a party or an affected person may appear in his or her own behalf or may be represented by an attorney. A stenographic record of the testimony and other evidence submitted shall be taken unless the Secretary of State and the person requesting such hearing shall agree that such a stenographic record of the testimony shall not be taken. A transcript of the proceeding shall be made available to a party upon the payment of reasonable costs. The Secretary of State shall pass upon the admissibility of such evidence, but a party may at any time make objections to such rulings thereon; and, if the Secretary of State refuses to admit evidence, the party offering the same shall make a proffer thereof and such proffer shall be made a part of the record of such hearing.

(f) If the Secretary of State does not receive a request for a hearing within the prescribed time, he or she may permit an order previously entered to remain in effect or he or she may enter a proposed order. If a hearing is re-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

quested and conducted as provided in this Code section, the Secretary of State shall issue a written order which shall set forth his or her findings with respect to the matters involved and enter an order in accordance with the Secretary's findings.

10-14-24.

When consent to service of process is required under this chapter, such consent to service of process shall be in the form prescribed by the Secretary of State, shall be irrevocable, and shall provide that actions brought by the State of Georgia arising out of or founded upon the sale of burial lots, burial rights, burial services, or burial merchandise in violation of this chapter may be commenced in any court of competent jurisdiction with proper venue within this state by the service of process or pleadings upon the Secretary of State against the person executing such consent. Notwithstanding any provision in any other law to the contrary, service of any such process or pleadings in any such action against a person who has filed a consent to service with the Secretary of State shall, if made on the Secretary of State, be by duplicate copies, one of which shall be filed in the office of the Secretary of State and the other shall immediately be forwarded by the Secretary of State by certified mail to the person against whom such process or pleadings are directed at such person's latest address on file in the office of the Secretary of State.

10-14-25.

Any condition, stipulation, or provision binding any person acqumng any burial lot, burial right, burial merchandise, or burial services to waive:

(1) Compliance with any provision of this chapter or of the rules and regulations promulgated under this chapter;

(2) Any rights provided by this chapter or by the rules and regulations promulgated under this chapter; or

(3) Any defenses arising under this chapter or under the rules and regulations promulgated under this chapter

shall be void. 10-14-26.

For any action taken or any proceeding had under the provisions of this chapter or under color of the law, the Secretary of State shall be immune from liability and action to the same extent that any judge of any court of general jurisdiction in this state would be immune.

GEORGIA LAWS 2000 SESSION

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10-14-27.

(a) In any action, civil or criminal, a certificate signed and sealed by the Secretary of State, stating compliance or noncompliance with the provisions of this chapter, shall constitute prima-facie evidence of such compliance or noncompliance with the provisions of this chapter and shall be admissible in any such action.

(b) In any action, civil or criminal, copies, photostatic or otherwise, certified by the Secretary of State of any documents filed in his or her office and of any of his or her records shall be admissible with the same effect as the original of such documents or records would have if actually produced.

10-14-28.

(a) Prior law exclusively governs all actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before July 1, 2000, except that no civil action may be maintained to enforce any liability under prior law unless brought within any period of limitation which applied when the cause of action accrued and, in any event, no later than July 1, 2000.

(b) All effective registrations under prior law, all administrative orders relating to such registrations, and all conditions imposed upon such registrations remain in effect. They shall be deemed to have been filed, entered, or imposed under this chapter but are governed by prior law.

(c) Judicial review of all administrative orders as to which review proceedings have not been instituted by July 1, 2000, are governed by Code Section 10-14-22, except that no review proceeding may be instituted unless the petition is filed within any period of limitation which applied to a review proceeding when the order was entered and, in any event, no later than August 1, 2000.

10-14-29.

(a) A cemetery company shall start construction of that section of a mausoleum or columbarium in which sales, contracts for sales, reservations for sales, or agreements for sales are being made within four years after the date of the first such sale or 50 percent of the mausoleum or columbarium has been sold and the purchase price has been received, whichever occurs first. The construction shall be completed within five years after the date of the first sale made. If the units have not been completely constructed at the earlier of time of need or the time specified in this subsection, all moneys paid shall be refunded upon request, plus interest earned thereon for that portion of the moneys deposited in the preneed escrow account and an amount equal to the interest that would have been earned on that portion of the moneys that were not so deposited.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) A cemetery company that plans to offer for sale space in a section of a mausoleum or columbarium prior to construction shall establish a preconstruction trust fund by written instrument. The preconstruction trust fund shall be administered by a corporate trustee approved by the Secretary of State and not affiliated with the cemetery company and operated in conformity with applicable provisions of Code Section 10-14-7. The preconstruction trust fund shall be separate from any other trust funds that may be required by this chapter.

(c) Before a sale, contract for sale, reservation for sale, or agreement for sale in a mausoleum section or columbarium may be made, the cemetery company shall compute the amount to be deposited to the preconstruction trust fund. The total amount to be deposited in the fund for each unit of the project shall be computed by dividing the cost of the project plus 10 percent of the cost, as computed by a licensed contractor, engineer, or architect, by the number of crypts or niches in the mausoleum or columbarium. When payments are received in installments, the percentage of the installment payment placed in trust must be identical to the percentage which the payment received bears to the total cost of the contract, including other burial or funeral merchandise and services purchased. Preconstruction trust fund payments shall be made within 30 days after the end of the month in which payment is received.

(d) When the cemetery company delivers a completed crypt, mausoleum, columbarium, or niche acceptable to the purchaser in lieu of the crypt or niche purchased prior to construction, all sums deposited to the preconstruction trust fund for that purchaser shall be paid to the cemetery company.

(e) Upon completion of the mausoleum section or columbarium, the cemetery company shall certify completion to the trustee and shall be entitled to withdraw all funds deposited to the account of such mausoleum section or columbarium.

(f) If the mausoleum section or columbarium is not completed within the time limits set out in this Code section, the trustee shall contract for and cause the project to be completed and pay therefor from the trust funds deposited to the project's account, paying any balance, less cost and expenses, to the cemetery company. The cemetery company shall be liable for any difference between the amount necessary to complete construction and the amount of trust funds.

(g) On or before January 31 of each year, the trustee shall file with the Secretary of State in the form prescribed by the Secretary of State, a full and true statement as to the activities of any trust established pursuant to this Code section for the preceding calendar year.

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10-14-30.

The Secretary of State, by rule, may adopt minimum standards for interment of human remains, including, without limitation, standards for depth of burial, composition of vaults, caskets, and other containers, siting and marking of burial lots, and minimum standards for construction of mausoleums and columbaria. In addition, the Secretary of State may, by rule, provide for the minimum standards for or prohibition of aboveground burial containers."

SECTION 2.

Said title is further amended in Part 2 of Article 15 of Chapter 1, the "Fair Business Practices Act of 1975," by inserting a new Code section to be designated Code Section 10-1-393.7 to read as follows:

"10-1-393.7.

(a) Without otherwise limiting the definition of unfair or deceptive acts or practices under this part, it shall be unlawful for any person to solicit another during such other's final illness or during the final illness of any other person for the purpose of persuading a person who is suffering from his or her final illness or a person acting on behalf of such person to seek refund of moneys paid for an existing preneed contract for burial services or merchandise or funeral services or merchandise.

(b) In addition to any other penalty imposed for the violation of this Code section, the administrative agency which issues a finding of violation shall order the violator to pay restitution in the amount of the refund to the person, corporation, partnership, or other legal entity which refunded moneys paid for an existing preneed contract for buria: services or merchandise or funeral services or merchandise."

SECTION 3.

Code Section 33-8-1 of the Official Code of Georgia Annotated, relating to fees and taxes paid to the Commissioner of Insurance, is amended by striking in its entirety subparagraph (Q) of paragraph (1) and inserting in lieu thereof the following:

"(Q) Reserved"

SECTION 4.

Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, is amended by striking and reserving in its entirety Article 2, relating to contracts for preneed funeral services, including Code Section 43-18-90, relating to legislative intent; Code Section 43-18-91, relating to policy declarations; Code Section 43-18-92, relating to definitions; Code Section 43-18-93, relating to certificates of authority for persons holding funds as payment on preneed funeral services contracts; Code Section 43-18-94,

926

GENERAL ACTS AND RESOLUTIONS, VOL. I

relating to applications for such certificates; Code Section 43-18-95, relating to records, examinations, and investigation; Code Section 43-18-96, relating to disposition of proceeds received on contracts; Code Section 43-18-97, relating to service charges; Code Section 43-18-98, relating to payment of funds upon death of named beneficiary; Code Section 43-18-99, relating to liability of depository after beneficiary's death; Code Section 43-18-100, relating to advertising; Code Section 43-18-101, relating to cancellation of contracts; Code Section 43-18-102, relating to revocation, suspension, or refusal to renew certificate of authority; Code Section 43-18-103, relating to applicability to persons authorized to operate cemeteries; Code Section 43-18-104, relating to injunctions; Code Section 43-18-105, relating to liquidation proceedings; Code Section 4318-106, relating to fines; Code Section 43-18-107, relating to enforcement; and Code Section 43-18-108, relating to penalties.

SECTION 5.

Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, is amended by striking and reserving in its entirety Article 4, relating to cemeteries, including Code Section 44-3130, relating to the short title; Code Section 44-3-131, relating to definitions; Code Section 44-3-132, relating to employees' applications; Code Section 44-3133, relating to prohibition of certain persons from employment; Code Section 44-3-134, relating to registration, trust funds, and escrow accounts; Code Section 44-3-135, relating to filing fees and documents, state audits, change of ownership, and minimum size requirements; Code Section 44-3-136, relating to suspension or revocation of registration and denial of application for registration; Code Section 44-3-137, relating to accounts, agreement forms, bonds, trustees and escrow agents, funds allocation, and financial reports; Code Section 44-3-138, relating to venue; Code Section 44-3-139, relating to administration and rules and regulations; 44-3-140, relating to investigations, hearings, and audits; Code Section 44-3-141, relating to cemetery rules and regulations and service charges; Code Section 44-3-142, relating to prohibited acts; Code Section 44-3-143, relating to civil penalties; Code Section 44-3-144, relating to criminal penalties; Code Section 44-3-145, relating to purchaser's remedy for violations; Code Section 44-3-146, relating to judicial appeal; Code Section 44-3147, relating to administrative appeal; Code Section 44-3-148, relating to consent to service of process; Code Section 44-3-149, relating to waiver of rights or defenses; Code Section 44-3-150, relating to immunity of the Secretary of State; Code Section 44-3-151, relating to evidence in civil or criminal actions; and Code Section 44-3-152, relating to actions pending under prior law.

GEORGIA lAWS 2000 SESSION

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SECTION 6.

Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, is amended in Code Section 44-12-260, relating to definitions relative to American Indian human remains and burial objects, by striking paragraph (4) in its entirety and inserting in lieu thereof the following:

"(4) 'Burial site' or 'burial ground' means an area dedicated to and used for interment of human remains. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes. Such a site may be any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which, as a part of the death rite or ceremony of a culture, individual human remains are deposited. Such term does not include any cemetery required to be registered with the Secretary of State pursuant to Code Section 10-14-4."

SECTION 7.

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

Approved April 28, 2000.

HEALTH- BREAST, PROSTATE, AND OVARIAN CANCERS RESEARCH PROGRAM FUND.
Code Section 31-12-13 Enacted.
No. 729 (House Bill No. 1335).
AN ACT
To amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions and certain diseases, so as to provide for findings; to provide for the Breast Cancer, Prostate Cancer and Ovarian Cancer Research Program Fund <md authorize contributions thereto and administration thereof; to provide for research contracts; to provide for the supplemental nature of such contributions and restrict the use thereof; to provide for reports; to provide for individual income tax return forms and instructions; to provide for administrative costs; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions and certain diseases, is amended by adding at the end a new Code section to read as follows:

928

GENERAL ACTS AND RESOLUTIONS, VOL. I

"31-12-13.

(a) The General Assembly finds that it is in the best interest of the state to provide for breast cancer, prostate cancer and ovarian cancer research programs. In addition to and as a supplement to traditional financing mechanisms for such programs, it is the policy of this state to enable and encourage citizens voluntarily to support such programs.

(b) To support programs for breast cancer, prostate cancer and ovarian cancer research, the department may, without limitation, promote and solicit voluntary contributions through the individual income tax return contribution mechanism established in subsection (e) of this Code section or through any fund raising or other promotional techniques deemed appropriate by the department.
(c) There is established a special fund to be known as the 'Breast Cancer, Prostate Cancer and Ovarian Cancer Research Program Fund.' This fund shall consist of all moneys contributed under subsection (b) of this Code section, all moneys transferred to the department under subsection (e) of this Code section, and any other moneys contributed to this fund. All balances in the fund shall be deposited in an interest-bearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The fund shall be administered and the moneys held in the fund shall be expended by the department through contracts for research of breast cancer, prostate cancer and ovarian cancer.

(d) Contributions to the fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriated for these purposes. Contributions shall only be used for research and for administrative costs authorized in paragraph (2) of subsection (e) of this Code section and shall not be used for personnel or administrative positions. The department shall prepare, by February 1 of each year, an accounting of the moneys received and expended from the fund and a review and evaluation of all expended moneys of the fund. The report shall be made available to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the members of the Board of Human Resources, and, upon request, to members of the public.

(e) (1) Unless an earlier date is deemed feasible and is established by the Governor, each Georgia individual income tax return form for taxable years beginning on or after January 1, 2000, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Breast Cancer, Prostate Cancer and Ovarian Cancer Research Program Fund established in subsection (c) of this Code section by either donating all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise paya-

GEORGIA lAWS 2000 SESSION

929

ble, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the individual income tax return form shall contain a description of the purposes for which this fund was established and the intended use of moneys received from the contributions. Each taxpayer required to file a state individual income tax return who desires to contribute to such fund may designate such contribution as provided in this Code section on the appropriate individual income tax return form.

(2) The Department of Revenue shall determine annually the total amount so contributed, shall withhold therefrom a reasonable amount for administering this voluntary contribution program, and shall transmit the balance to the department for deposit in the fund established in subsection (c) of this Code section; provided, however, the amount retained for administrative costs, including implementation costs, shall not exceed $50,000.00 per year. If, in any tax year, the administrative costs of the Department of Revenue for collecting contributions pursuant to this Code section exceed the sum of such contributions, the administrative costs which the Department of Revenue is authorized to withhold from such contributions shall not exceed the sum of such contributions."

SECTION 2.

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

SECTION 3.

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

Approved April 28, 2000.

COMMERCE AND TRADE- REAL ESTATE TRANSACTIONS; BROKERAGE RElATIONSHIPS.
Code Title 10, Chapter 6A Amended.
No. 730 (Senate Bill No. 425).
AN ACT
To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to revise extensively the "Brokerage Relationships in Real Estate Transactions Act;" to revise and add definitions; to change the duties owed by a broker to a client, customer, seller, buyer, tenant, or landlord; to change disclosure provisions; to change the standard of skill in some circumstances; to provide for a duty of keeping certain information confidential; to provide for exceptions; to provide for a duty to disclose certain material facts regarding

930

GENERAL ACTS AND RESOLUTIONS, VOL. I

adverse physical conditions in the neighborhood of a property; to change provisions regarding a broker's liability for providing false information; to immunize a broker from liability in certain circumstances, absent a finding of fraud; to change provisions relating to ministerial acts; to provide for a broker's duty in the event of a conflict between the duty to keep a client's confidence and the duty not to give false information to a customer; to change requirements for brokerage engagements; to change provisions relating to dual agency; to provide for designated agents; to provide for ministerial acts and duties of transaction brokers; 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 lO of the Official Code of Georgia Annotated, relating to commerce, is amended by striking in its entirety Chapter 6A, the "Brokerage Relationships in Real Estate Transactions Act," and inserting in its place the following:

"CHAPTER 6A

10-6A-1.

This chapter shall be known as and may be cited as the 'Brokerage Relationships in Real Estate Transactions Act.'

10-6A-2.

(a) The General Assembly finds, determines, and declares that application of the common law of agency to the relationships between real estate brokers and persons who are sellers, buyers, landlords and tenants of rights and interests in real property has resulted in misunderstandings and consequences that have been contrary to the best interests of the public; the General Assembly further finds, determines, and declares that the real estate brokerage industry has a significant impact upon the economy of the State of Georgia and that it is in the best interests of the public to provide codification of the relationships between real estate brokers and consumers of brokerage services in order to prevent detrimental misunderstandings and misinterpretations of such relationships by both consumers and real estate brokers and thus promote and provide stability in the real estate market. The provisions of this chapter are enacted to govern the relationships between sellers, landlords, buyers, tenants, and real estate brokers and their affiliated licensees to the extent not governed by specific written agreements between and among the parties.

(b) The General Assembly further finds, determines, and declares that the provisions of this chapter are not intended to prescribe or affect the contractual relationships as between real estate brokers and the broker's affiliated licensees.

GEORGIA lAWS 2000 SESSION

931

(c) The provisions of this chapter may serve as a basis for private rights of action and defenses by sellers, buyers, landlords, tenants, and real estate brokers.

10-6A-3.

As used in this chapter, the term:

(1) 'Agency' means every relationship in which a real estate broker acts for or represents another as a client by the latter's written authority in a real property transaction.

(2) 'Broker' means any individual or entity issued a broker's real estate license by the Georgia Real Estate Commission pursuant to Chapter 40 of Title 43. The term 'broker' includes the broker's affiliated licensees except where the context would otherwise indicate.

(3) 'Brokerage' means the business or occupation of a real estate broker.

(4) 'Brokerage engagement' means a written contract wherein the seller, buyer, landlord, or tenant becomes the client of the broker and promises to pay the broker a valuable consideration or agrees that the broker may receive a valuable consideration from another in consideration of the broker producing a seller, buyer, tenant, or landlord ready, able, and willing to sell, buy, or rent the property or performing other brokerage services.

(5) 'Brokerage relationship' means the agency and nonagency relationships which may be formed between the broker and the broker's clients and customers, as described in this chapter.

(6) 'Client' means a person who is being represented by a real estate broker in an agency capacity pursuant to a brokerage engagement.

(7) 'Common source information companies' means any person, firm, or corporation that is a source, compiler, or supplier of information regarding real estate for sale or lease and other data and includes but is not limited to multiple listing services.

(8) 'Customer' means a person who is not being represented by a real estate broker in an agency capacity pursuant to a brokerage engagement but for whom a broker may perform ministerial acts in a real estate transaction pursuant to either a verbal or written agreement.

(9) 'Designated agent' means one or more licensees affiliated with a broker who are assigned by the broker to represent solely one client to the exclusion of all other clients in the same transaction and to the exclusion of all other licensees affiliated with the broker.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(10) 'Dual agent' means a broker who simultaneously has a client relationship with both seller and buyer or both landlord and tenant in the same real estate transaction.
(11) 'Material facts' means those facts that a party does not know, could not reasonably discover, and would reasonably want to know.
(12) 'Ministerial acts' means those acts described in Code Section 1~A10 and such other acts which do not require the exercise of the broker's or the broker's affiliated licensee's professional judgment or skill.
(13) 'Timely' means a reasonable time under the particular circumstances.
(14) 'Transaction broker' means a broker who has not entered into a client relationship with any of the parties to a particular real estate transaction and who performs only ministerial acts on behalf of one or more of the parties, but who is paid valuable consideration by one or more parties to the transaction pursuant to a verbal or written agreement for performing brokerage services.
10-6A-4.
(a) A broker who performs brokerage services for a client or customer shall owe the client or customer only the duties and obligations set forth in this chapter, unless the parties expressly agree otherwise in a writing signed by the parties. A broker shall not be deemed to have a fiduciary relationship with any party or fiduciary obligations to any party but shall only be responsible for exercising reasonable care in the discharge of its specified duties as provided in this chapter and, in the case of a client, as specified in the brokerage engagement.
(b) Whenever a broker with an existing brokerage relationship with either a customer or a client enters into a new brokerage relationship with the customer or client, the broker shall timely disclose that fact and the new brokerage relationship to all brokers, customers, or clients involved in the contemplated real estate transaction.
l~A-5.

(a) A broker engaged by a seller shall: (1) Perform the terms of the brokerage engagement made with the seller; (2) Promote the interests of the seller by:

GEORGIA LAWS 2000 SESSION

933

(A) Seeking a sale at the price and terms stated in the brokerage engagement or at a price and terms acceptable to the seller; provided, however, the broker shall not be obligated to seek additional offers to purchase the property while the property is subject to a contract of sale, unless the brokerage engagement so provides;

(B) Timely presenting all offers to and from the seller, even when the property is subject to a contract of sale;

(C) Disclosing to the seller material facts which the broker has actual knowledge concerning the transaction;

(D) Advising the seller to obtain expert advice as to material matters which are beyond the expertise of the broker; and

(E) Timely accounting for all money and property received m which the seller has or may have an interest;

(3) Exercise reasonable skill and care in performing the duties set forth in this subsection and such other duties, if any, as may be agreed to by the parties in the brokerage engagement;

(4) Comply with all requirements of this chapter and all applicable statutes and regulations, including but not limited to fair housing and civil rights statutes; and

(5) Keep confidential all information received by the broker during the course of the engagement which is made confidential by an express request or instruction from the seller unless the seller permits such disclosure by subsequent word or conduct, or such disclosure is required by law; provided, however, that disclosures between a broker and any of the broker's affiliated licensees assisting the broker in representing the seller shall not be deemed to breach the duty of confidentiality described above.

(b) A broker engaged by a seller shall timely disclose the following to all parties with whom the broker is working:

(1) All adverse material facts pertaining to the physical condition of the property and improvements located on such property including but not limited to material defects in the property, environmental contamination, and facts required by statute or regulation to be disclosed which are actually known by the broker which could not be discovered by a reasonably diligent inspection of the property by the buyer; and

(2) All material facts pertaining to existing adverse physical conditions in the immediate neighborhood within one mile of the property which are actually known to the broker and which could not be discovered by the buyer upon a diligent inspection of the neighborhood or through the review of reasonably available governmental regulations, documents, records,

934

GENERAL ACTS AND RESOLUTIONS, VOL. I

maps, and statistics. Examples of reasonably available governmental regulations, documents, records, maps, and statistics shall include without limitation: land use maps and plans; zoning ordinances; recorded plats and surveys; transportation maps and plans; maps of flood plains; tax maps; school district boundary maps; and maps showing the boundary lines of governmental jurisdictions. Nothing in this subsection shall be deemed to create any duty on the part of a broker to discover or seek to discover either adverse material facts pertaining to the physical condition of the property or existing adverse conditions in the immediate neighborhood. Brokers shall not knowingly give prospective buyers false information; provided, however, that a broker shall not be liable to a buyer for providing false information to the buyer if the broker did not have actual knowledge that the information was false and discloses to the buyer the source of the information. Nothing in this subsection shall limit any obligation of a seller under any applicable law to disclose to prospective buyers all adverse material facts actually known by the seller pertaining to the physical condition of the property nor shall it limit the obligation of prospective buyers to inspect and to familiarize themselves with potentially adverse conditions related to the physical condition of the property, any improvements located on the property, and the neighborhood in which the property is located. No cause of action shall arise on behalf of any person against a broker for revealing information in compliance with this subsection. No broker shall be liable for failure to disclose any matter other than those matters enumerated in this subsection. Violations of this subsection shall not create liability on the part of the broker absent a finding of fraud on the part of the broker.

(c) A broker engaged by a seller in a real estate transaction may provide assistance to the buyer by performing ministerial acts of the type described in Code Section 10-6A-14; and performing such ministerial acts shall not be construed to violate the broker's brokerage engagement with the seller nor shall performing such ministerial acts for the buyer be construed to form a brokerage engagement with the buyer.

(d) A broker engaged by a seller does not breach any duty or obligation by showing alternative properties to prospective buyers.

10-6A-6.

(a) A broker engaged by a landlord shall:
(1) Perform the terms of the brokerage engagement made with the landlord;

(2) Promote the interests of the landlord by:

GEORGIA LAWS 2000 SESSION

935

(A) Seeking a tenant at the price and terms stated in the brokerage engagement or at a price and terms acceptable to the landlord; provided, however, the broker shall not be obligated to seek additional offers to lease the property while the property is subject to a lease, or letter of intent to lease, unless the brokerage engagement so provides;

(B) Timely presenting all offers to and from the landlord, even when the property is subject to a lease or a letter of intent to lease;

(C) Disclosing to the landlord adverse material facts of which the broker has actual knowledge concerning the transaction;

(D) Advising the landlord to obtain expert advice as to material matters which are beyond the expertise of the broker; and

(E) Timely accounting for all money and property received in which the landlord has or may have an interest;

(3) Exercise ordinary skill and care in performing the duties set forth in this subsection and such other duties as may be agreed to by the parties in the brokerage agreement;

(4) Comply with all requirements of this chapter and all applicable statutes and regulations, including but not limited to fair housing and civil rights statutes; and

(5) Keep confidential all information received by the broker during the course of the engagement which is made confidential by an express request or instruction from the landlord unless the landlord permits such disclosure by subsequent word or conduct, or such disclosure is required by law; provided, however, that disclosures between a broker and any of the broker's affiliated licensees assisting the broker in representing the seller shall not be deemed to breach the duty of confidentiality described above.

(b) A broker engaged by a landlord shall timely disclose to prospective tenants with whom the broker is working:

(1) All adverse material facts pertaining to the physical condition of the property and improvements located on the property including, but not limited to, material defects in the property, environmental contamination, and facts required by statute or regulation to be disclosed which are actually known by the broker which could not be discovered by a reasonably diligent inspection of the property by the tenant; and

(2) All material facts pertaining to existing adverse physical conditions in the immediate neighborhood within one mile of the property which are actually known to the broker and which could not be discovered by the tenant upon a diligent inspection of the neighborhood or through the re-

936

GENERAL ACTS AND RESOLUTIONS, VOL. I

view of reasonably available governmental regulations, documents, records, maps, and statistics. Examples of reasonably available governmental regulations, documents, records, maps, and statistics shall include without limitation: land use maps and plans; zoning ordinances; recorded plats and surveys; transportation maps and plans; maps of flood plains; tax maps; school district boundary maps; and maps showing the boundary lines of governmental jurisdictions. Nothing in this subsection shall be deemed to create any duty on the part of a broker to discover or seek to discover either adverse material facts pertaining to the physical condition of the property or existing adverse conditions in the immediate neighborhood. Brokers shall not knowingly give prospective tenants false information; provided, however, that a broker shall not be liable to a tenant for providing false information to the tenant if the broker did not have actual knowledge that the information was false and discloses to the tenant the source of the information. Nothing in this subsection shall limit any obligation of the landlord under any applicable law to disclose to prospective tenants all adverse material facts actually known by the landlord pertaining to the physical condition of the property nor shall it limit the obligation of prospective tenants to inspect and to familiarize themselves with potentially adverse conditions in the physical condition of the property, any improvements located on the property, and the surrounding neighborhood. No cause of action shall arise on behalf of any person against a broker for revealing information in compliance with this subsection. No broker shall be liable for failure to disclose any matter other than those matters enumerated in this subsection. Violations of this subsection shall not create liability on the part of the broker absent a finding of fraud on the part of the broker.
(c) A broker engaged by a landlord in a real estate transaction may provide assistance to the tenant by performing such ministerial acts of the type described in Code Section 10-6A-14; and performing such ministerial acts shall not be construed to violate the broker's brokerage engagement with the landlord nor shall performing such ministerial acts for the tenant be construed to form a brokerage engagement with the tenant.

(d) A broker engaged by a landlord does not breach any duty or obligation by showing alternative properties to prospective tenants.
10-6A-7.
(a) A broker engaged by a buyer shall:
(1) Perform the terms of the brokerage engagement made with the buyer;

(2) Promote the interests of the buyer by:

GEORGIA lAWS 2000 SESSION

937

(A) Seeking a property at a price and terms acceptable to the buyer; provided, however, the broker shall not be obligated to seek other properties for the buyer while the buyer is a party to a contract to purchase property, unless the brokerage engagement so provides;

(B) Timely presenting all offers to and from the buyer, even when the buyer is a party to a contract to purchase property;

(C) Disclosing to the buyer adverse material facts of which the broker has actual knowledge concerning the transaction;

(D) Advising the buyer to obtain expert advice as to material matters which are beyond the expertise of the broker; and

(E) Timely accounting for all money and property received in which the buyer has or may have an interest;

(3) Exercise ordinary skill and care in performing the duties set forth in this subsection and such other duties as may be agreed to by the parties;

(4) Comply with all requirements of this chapter and all applicable statutes and regulations, including but not limited to fair housing and civil rights statutes; and

(5) Keep confidential all information received by the broker during the course of the engagement which is made confidential by an express request or instruction from the buyer unless the buyer permits such disclosure by subsequent word or conduct, or such disclosure is required by law; provided, however, that disclosures between a broker and any of the broker's affiliated licensees assisting the broker in representing the buyer shall not be deemed to breach the duty of confidentiality described above.

(b) A broker engaged by a buyer shall timely disclose to a prospective seller with whom the broker is working as a customer and who is selling property which will be financed either by a loan assumption or by the seller's providing a part or all of the financing all material adverse facts actually known by the broker concerning the buyer's financial ability to perform the terms of the sale and, in the case of a residential transaction, the buyer's intent to occupy the property as a principal residence. Brokers shall not knowingly give prospective sellers false information; provided, however, that a broker shall not be liable to a seller for providing false information to the seller if the broker did not have actual knowledge that the information was false and discloses to the seller the source of the information. Nothing in this subsection shall limit the obligation of the prospective buyer under any applicable law to disclose to the prospective seller all adverse material facts actually known by the buyer concerning the buyer's financial ability to perform the terms of the sale and, in the case of a residential transaction, the buyer's intent to occupy the property as a principal residence. No cause of action

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GENERAL ACTS AND RESOLUTIONS, VOL. I

shall arise on behalf of any person against a broker for revealing information in compliance with this subsection. Violations of this subsection shall not create liability on the part of the broker absent a finding of fraud on the part of the broker.
(c) A broker engaged by a buyer in a real estate transaction may provide assistance to the seller by performing ministerial acts of the type described in Code Section 10-6A-14; and performing such ministerial acts shall not be construed to violate the broker's brokerage engagement with the buyer nor shall performing such ministerial acts for the seller be construed to form a brokerage engagement with the seller.
(d) A broker engaged by a buyer does not breach any duty or obligation by showing properties in which the buyer is interested to other prospective buyers.
10-6A-8.
(a) A broker engaged by a tenant shall:
(1) Perform the terms of the brokerage engagement made with the tenant;
(2) Promote the interests of the tenant by:
(A) Seeking a property to lease at a price and terms acceptable to the tenant; provided, however, the broker shall not be obligated to seek other properties for the tenant while the tenant is a party to a lease or a letter of intent to lease unless the brokerage engagement so provides;
(B) Timely presenting all offers to and from the tenant, even when the tenant is a party to a lease or a letter of intent to lease;
(C) Disclosing to the tenant adverse material facts of which the broker has actual knowledge concerning the transaction;
(D) Advising the tenant to obtain expert advice as to material matters which are beyond the expertise of the broker; and
(E) Timely accounting for all money and property received in which the tenant has or may have an interest;
(3) Exercise ordinary skill and care in performing the duties set forth in this subsection and such other duties as may be agreed to by the parties;
(4) Comply with all requirements of this chapter and all applicable statutes and regulations, including but not limited to fair housing and civil rights statutes; and

GEORGIA LAWS 2000 SESSION

939

(5) Keep confidential all information received by the broker during the course of the engagement which is made confidential by an express request or instruction from the tenant unless the tenant permits such disclosure by subsequent word or conduct, or such disclosure is required by law; provided, however, that disclosures between a broker and any of the broker's affiliated licensees assisting the broker in representing the seller shall not be deemed to breach the duty of confidentiality described above.

(b) A broker engaged by a tenant shall timely disclose to a prospective landlord with whom the broker is working all adverse material facts actually known by the broker concerning the tenant's financial ability to perform the terms of the lease or letter of intent to lease or intent to occupy the property. Brokers shall not knowingly give prospective landlords false information; provided, however, that a broker shall not be liable to a landlord for providing false information to the landlord if the broker did not have actual knowledge that the information was false and the broker discloses to the landlord the source of the information. Nothing in this subsection shall limit any obligation of the prospective tenant under any applicable law to disclose to a prospective landlord all adverse material facts actually known by the tenant concerning the tenant's financial ability to perform the terms of the lease or letter of intent to lease or intent to occupy the property. No cause of action shall arise on behalf of any person against a broker for revealing information in compliance with this subsection. No broker shall be liable for failure to disclose any matter other than those matters enumerated in this subsection. Violations of this subsection shall not create liability on the part of the broker absent.a finding of fraud on the part of the broker.

(c) A broker engaged by a tenant in a real estate transaction may provide assistance to the landlord by performing such ministerial acts of the type described in Code Section 10-6A-14; and performing such ministerial acts shall not be construed to violate the broker's brokerage engagement with the tenant nor shall performing such ministerial acts for the landlord be construed to form a brokerage engagement with the landlord.

(d) A broker engaged by a tenant does not breach any duty or obligation by showing properties in which the tenant is interested to other prospective tenants.

10-6A-9.

(a) The relationships set forth in Code Sections 10-6A-4 through 10-6A-8 and Code Sections 10-6A-12 and 10-6A-13 shall commence at the time that the client engages the broker, and shall continue until:

(1) Completion of performance of the engagement; or

(2) If paragraph (1) of this subsection is not applicable, then the earlier of:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(A) Any date of expiration agreed upon by the parties in the brokerage engagement or in any amendments thereto;
(B) Any authorized termination of the relationship; or
(C) If no expiration is provided and no termination has occurred, then one year after initiation of the engagement.
(b) Except as otherwise agreed in writing and as provided in subsection (a) of this Code section, a broker owes no further duties to the client after termination, withdrawal, expiration, or completion of performance of the engagement, except:
(1) To account for all moneys and property relating to the engagement; and

(2) To keep confidential all information received during the course of the engagement which was made confidential by request or instructions from the client, unless:
(A) The client permits the disclosure by subsequent word or conduct;
(B) Such disclosure is required by law; or
(C) The information becomes public from a source other than the broker.
(c) Notwithstanding any other provision to the contrary contained in this chapter, in the event a conflict arises between a broker's duty to keep the confidence of a client and the duty not to give customers false information, the broker's duty not to give false information to customers shall prevail and shall govern the broker's actions. No cause of action shall arise on behalf of any person against a broker or the broker's affiliated licensees for revealing information in compliance with this subsection.
10-6A-10.

All brokerage engagements must:
(1) Advise the prospective client of the types of agency relationships available through the broker;
(2) Advise such prospective client of any brokerage relationships held by such broker with other parties which would conflict with any interests of the prospective client actually known to the broker but excluding the fact that the broker may be representing other sellers and landlords in selling or leasing property or that the broker may be representing other buyers and tenants in buying or leasing other property;

GEORGIA lAWS 2000 SESSION

941

(3) Advise such prospective client as to the broker's compensation and whether the broker will share such compensation with other brokers who may represent other parties to the transaction in an agency capacity; and

(4) Advise the prospective client of the broker's obligations to keep information confidential under this chapter.

10-6A-11.

The payment or promise of payment of compensation to a broker by a seller, landlord, buyer, or tenant shall not determine whether a brokerage relationship has been created between any broker and a seller, landlord, buyer, or tenant.

10-6A-12.

(a) A broker may act as a dual agent only with the written consent of all clients. Such written consent shall contain the following:

(1) A description of the transactions or types of transactions in which the broker will serve as a dual agent;

(2) A statement that, in serving as a dual agent, the broker represents two clients whose interests are or at times could be different or even adverse;

(3) A statement that a dual agent will disclose all adverse material facts relevant to the transaction and actually known to the dual agent to all parties in the transaction except for information made confidential by request or instructions from another client which is not allowed to be disclosed by this Code section or required to be disclosed by this Code section;

(4) A statement that the broker or the broker's affiliated licensees will timely disclose to each client in a real estate transaction the nature of any material relationship the broker and the broker's affiliated licensees have with the other clients in the transaction other than that incidental to the transaction. For the purposes of this Code section, a material relationship shall mean any actually known personal, familial, or business relationship between the broker or the broker's affiliated licensees and a client which would impair the ability of the broker or affiliated licensees to exercise fair and independent judgment relative to another client;

(5) A statement that the client does not have to consent to the dual agency; and

(6) A statement that the consent of the client has been given voluntarily and that the engagement has been read and understood.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) Upon the client signing a written consent meeting the requirements of this Code section, the consent of the client to dual agency shall conclusively be deemed to have been given and informed.

(c) No cause of action shall arise on behalf of any person against a dual agent for making disclosures allowed or required by this chapter and the dual agent does not terminate any agency by making such allowed or required disclosures.

(d) In the case of dual agency, each client and broker and their respective licensees possess only actual knowledge and information. There shall be no imputation of knowledge or information among or between the clients, brokers, or their affiliated licensees.

(e) In any transaction, a broker may without liability withdraw from representing a client who has not consented to a disclosed dual agency at any time prior to the existence of the dual agency. Such withdrawal shall not prejudice the ability of the broker to continue to represent the other client in the transaction, nor limit the broker from representing the client in other transactions not involving a dual agency. When such withdrawal as contemplated in this subsection occurs, the broker may receive a referral fee for referring a client to a broker employed by a different real estate brokerage firm.

(f) Every broker shall develop and enforce an office brokerage relationship policy among affiliated licensees which either specifically permits or rejects the practice of disclosed dual agency, which office brokerage relationship policy shall be disclosed pursuant to Code Section 10-6A-10 and paragraph (1) of subsection (a) of this Code section.
10-6A-13.
(a) A broker may assign directly or through the adoption of a company policy different licensees affiliated with the broker as designated agents to exclusively represent different clients in the same transaction. In addition, the broker may delegate such assignment responsibility to other management level personnel acting under a company policy. Any company policy adopted to fulfill the requirements of this subsection shall contain provisions reasonably calculated to ensure each client is represented in accordance with the requirements of this chapter. A designated agent of a seller, landlord, buyer, or tenant shall owe his or her client the duties set forth in Code Section 10-6A-5, 10-6A-6, 10-6A-7, or 10-6A-8 of this chapter, respectively.

(b) If a broker appoints different designated agents in accordance with subsection (a) of this Code section, neither the broker, the broker's licensees, nor the real estate brokerage firm shall be deemed to be dual agents.

GEORGIA LAWS 2000 SESSION

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(c) When designated agents are appointed in accordance with subsection (a) of this Code section, the broker, the clients, and the designated agents shall be considered to possess only actual knowledge and information; there shall be no imputation of knowledge or information between and among the broker, the designated agents, and the clients. Designated agents shall not disclose, except to the designated agent's broker, information made confidential by request or instruction of the client whom the designated agent is representing, except information allowed to be disclosed by this Code section or required to be disclosed by this chapter. Unless required to be disclosed by law, the broker of a designated agent shall not reveal confidential information it receives from either the designated agent or the client with whom the designated agent is working. For the purposes of this Code section, confidential information shall be deemed to be any information the disclosure of which has not been consented to by the client that could harm the negotiating position of the client.

(d) The designation of one or more of a broker's affiliated licensees as designated agents shall not permit the disclosure by the broker or any of the broker's affiliated licensees of any information made confidential by an express request or instruction by a party prior to the creation of the designated agency. The broker and the broker's affiliated licensees shall continue to maintain such confidential information unless the party from whom the confidential information was obtained permits such disclosure by subsequent word or conduct, or such disclosure is required by law. No liability shall be created as a result of a broker and the broker's affiliated licensee's compliance with this subsection.

10-6A-14.

(a) A broker acting as a transaction broker may provide assistance to buyers, sellers, tenants, and landlords by performing ministerial acts. Examples of ministerial acts which can be performed by the transaction broker on behalf of any of the parties in a real estate transaction include without limitation the following:

(1) IdentifYing property for sale, lease, or exchange;

(2) Providing real estate statistics and information on property;

(3) Providing pre-printed real estate form contracts, leases, and related exhibits and addenda;

(4) Acting as a scribe in the preparation of real estate form contracts, leases, and related exhibits and addenda;

(5) Locating architects, engineers, surveyors, inspectors, lenders, insurance agents, attorneys, and other professionals; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(6) Identifying schools, shopping facilities, places of worship, and other similar facilities on behalf of any of the parties in a real estate transaction.
(b) A broker acting as a transaction broker shall do the following:
(1) Timely present all offers to and from the parties involving the sale, lease, and exchange of property;
(2) Timely account for all money and property received by the broker on behalf of a party in a real estate transaction;

(3) Timely disclose the following to all buyers and tenants with whom the broker is working:
(A) All adverse material facts pertaining to the physical condition of the property and improvements located thereon including but not limited to material defects in the property, environmental contamination, and facts required by statute or regulation to be disclosed which are actually known by the broker which could not be discovered by a reasonably diligent inspection of the property by the buyer; and
(B) All material facts pertaining to existing adverse physical conditions in the immediate neighborhood within one mile of the property which are actually known to the broker and which could not be discovered by the buyer upon a diligent inspection of the neighborhood or through the review of reasonably available governmental regulations, documents, records, maps, and statistics. Examples of reasonably available governmental regulations, documents, records, maps, and statistics shall include without limitation: land use maps and plans; zoning ordinances; recorded plats and surveys; transportation maps and plans; maps of flood plains; crime statistics; tax maps; school district boundary maps; and maps showing the boundary lines of governmental jurisdictions.
(c) Transaction brokers shall not knowingly give any party in a real estate transaction false information; provided, however, that a broker shall not be liable to a party for providing false information to the party if broker did not have actual knowledge that the information was false and discloses to the party the source of the information. Nothing in this subsection shall limit any obligation of a seller under any applicable law to disclose to prospective buyers all adverse material facts actually known by the seller pertaining to the physical condition of the property nor shall it limit the obligation of prospective buyers to inspect and to familiarize themselves with potentially adverse conditions related to the physical condition of the property, any improvements located thereon, and the neighborhood in which the property is located. No cause of action shall arise on behalf of any person against a broker for revealing information in compliance with this subsection. No broker shall be liable for failure to disclose any matter other than

GEORGIA LAWS 2000 SESSION

945

those matters enumerated in this subsection. Violations of this subsection shall not create liability on the part of the broker absent a finding of fraud on the part of the broker.

10-6A-15.

Except as may be provided in a written agreement between the parties, a broker shall not be deemed to have an agency relationship with a common source information company. No broker shall be deemed to be a subagent of any client of another broker solely by reason of membership or other affiliation by such brokers in a common source information company, including but not limited to multiple listing services.

10-6A-16.

Nothing contained in this chapter shall limit the Georgia Real Estate Commission in its regulation of brokers and the broker's affiliated licensees pursuant to Chapter 40 of Title 43 and the substantive rules and regulations adopted by the commission pursuant thereto."

SECTION 2.

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

Approved April 28, 2000.

CONSERVATION AND NATURAL RESOURCES- GARDEN AND NATURE CENTERS; OFFICIAL LIST.
Code Section 12-3-640 Enacted.
No. 732 (House Bill No. 1322).
AN ACT
To amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, memorials, recreation areas, and other similar facilities, so as to establish the official gardens and nature centers of Georgia; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, memorials, recreation areas, and other similar facilities, is amended by adding at the end thereof a new Article 10 to read as follows:
"ARTICLE 10

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GENERAL ACTS AND RESOLUTIONS, VOL. I

12-3-640.
In recognition of the many beautiful and outstanding gardens and nature centers of the State of Georgia, the following gardens and nature centers and such others as may hereafter be designated by resolution of the General Assembly are designated as the official gardens and nature centers of Georgia: Atlanta Botanical Gardens in Fulton County, Barnsley Garden in Bartow County, Bullock Hall in Fulton County, Brumby Hall and Gardens in Cobb County, Callaway Gardens in Harris County, Chateau Elan in Barrow County, Chattahoochee Nature Center in Fulton County, Fernbank Forest in DeKalb County, Governor's Mansion in Fulton County, Lanier Museum of Natural History in Gwinnett County, Massee Lane Gardens of the American Camellia Society in Peach County, Rock City Gardens in Walker County, Rosalyn Carter Rose Garden at the Carter Center in Fulton County, Stone Mountain Park in Gwinnett and DeKalb counties, Vines Botanical Gardens in Gwinnett County, William H. Reynolds Memorial Nature Reserve in Clayton County, Thomasville Rose Garden in Thomasville, Birdsong Nature Center in Thomasville, Providence Canyon State Conservation Park in Lumpkin, Florence Marina State Park in Omaha, Oxbow Meadows Environmental Learning Center in Columbus, Columbus Riverwalk in Columbus, Founder's Park in Columbus, Columbus Museum Gardens in Columbus, LaGrange Square in LaGrange, Oak Grove Plantation and Gardens in Newnan, Pine Mountain Trail and FDR State Park nature trail in Pine Mountain, Grandmother's Garden and Pathways of Gold Park in Sharpsburg, Sprewell Bluff State Park in Thomaston, Georgia Veterans Memorial State Park in Cordele, Chatham County Garden Center and Botanical Gardens in Savannah, Bamboo Farm & Coastal Gardens in Savannah, LeConte Woodmauston National Historic Place in Midway, Athens-Area Gardens in Athens, Athens Welcome Center Garden in Athens, Founder's Memorial Garden in Athens, State Botanical Garden of Georgia in Athens, Fred Hamilton Rhododendron Garden in Hiawassee, Cecil B. Day Butterfly Center in Harris County, and Elachee Nature Science Center in Gainesville. The Department of Industry, Trade, and Tourism and other public agencies and leaders in this state are encouraged to work together to maximize advertising and other programs which will permit the citizens of this state and other states and nations to learn of the beautiful gardens and nature centers of Georgia."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2000.

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CRIMINAL PROCEDURE - DEATH SENTENCE; METHOD OF EXECUTION.

Code Title 17, Chapter 10, Article 2 Amended.

No. 734 (House Bill No. 1284).

AN ACT

To amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide for legislative intent; to provide for execution by lethal injection for persons convicted of capital crimes committed on or after a specified date; to provide for execution by lethal injection for crimes committed prior to a specified date in certain circumstances; to provide for a definition; to provide that prescription, preparation, compounding, dispensing, and administration of a lethal injection is not the practice of certain licensed or certified professions; to prohibit requiring or compelling a physician to participate in the execution of a death sentence; to change provisions relating to electrocution as a method of execution; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

It is the intention of the General Assembly to provide for execution by lethal injection for persons sentenced to death after conviction of capital crimes committed on or after May 1, 2000. It is the further intention of the General Assembly that persons sentenced to death for crimes committed prior to the effective date of this Act be executed by lethal injection if the Supreme Court of the United States declares that electrocution violates the Constitution of the United States or if the Supreme Court of Georgia declares that electrocution violates the Constitution of the United States or the Constitution of Georgia.

SECTION 2.

Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, is amended by striking in its entirety Code Section 17-10-33, relating to death sentences and transport of a defendant to the place of execution, and inserting in its place the following:

"17-10-33.

Upon a judgment of death made by a judge, it shall be the duty of the judge to sentence the defendant to death and to indicate the sentence in writing, which writing shall be filed with the papers in the case against the defendant. A certified copy of the sentence shall be sent by the clerk of the court in which the sentence is pronounced to the defendant's attorney of record, to the Attorney General, and to the superintendent of the state correc-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

tional institution where the execution is to take place, not less than ten days prior to the time fixed in the sentence of the court for the execution of the defendant. In all cases it shall be the duty of the sheriff of the county in which the defendant is sentenced, together with one deputy or more if in the sheriffs judgment it is necessary, and provided that in all cases the number of guards shall be approved by the trial judge or, if the trial judge is not available, by the judge of the probate court of the county in which the defendant is sentenced, to convey the defendant to the appropriate state correctional institution, not more than 20 days nor less than two days prior to the time fixed in the judgment for the execution of the defendant, unless otherwise directed by the Governor or unless a stay of execution has been caused by an appeal, granting of a new trial, or other order of a court of competent jurisdiction. The expense for transporting the defendant to the state correctional institution for the purpose of execution of the death sentence shall be paid by the county governing authority of the county in which the defendant was convicted, out of any funds on hand in the treasury of the county."
SECTION 3.
Said article is further amended by striking in its entirety Code Section 17-1038, relating to death sentences, and inserting in lieu thereof the following:
"17-10-38.
(a) All persons who have been convicted of a capital offense and have had imposed upon them a sentence of death shall suffer such punishment by lethal injection. Lethal injection is the continuous intravenous injection of a substance or substances sufficient to cause death into the body of the person sentenced to death until such person is dead.
(b) In all cases in which the defendant is sentenced to death, it shall be the duty of the trial judge in passing sentence to direct that the defendant be delivered to the Department of Corrections for execution of the death sentence at a state correctional institution designated by the department.
(c) Notwithstanding any other provision of law, prescription, preparation, compounding, dispensing, or administration of a lethal injection authorized by a sentence of death by a court of competent jurisdiction shall not constitute the practice of medicine or any other profession relating to health care which is subject by law to regulation, licensure, or certification.
(d) No state agency, department, or official may, through regulation or otherwise, require or compel a physician to participate in the execution of a death sentence. 'To participate in the execution of a death sentence' means any of the following actions: selecting injection sites; starting an intravenous line or lines as a port for a lethal injection device; prescribing, preparing,

GEORGIA LAWS 2000 SESSION

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administering, or supervising injection drugs or their doses or types; inspecting, testing, or maintaining lethal injection devices; or consulting with or supervising lethal injection personnel."

SECTION 4.

Said article is further amended by striking in its entirety Code Section 17-1041, relating to persons required to be present at executions, and inserting in lieu thereof the following:

"17-10-41.

There shall be present at the execution of a convicted person the superintendent of the state correctional institution or a deputy superintendent thereof, at least three executioners, two physicians to determine when death supervenes, and other correctional officers, assistants, technicians, and witnesses as determined by the commissioner of corrections. In addition, the convicted person may request the presence of his or her counsel, a member of the clergy, and a reasonable number of relatives and friends, provided that the total number of witnesses appearing at the request of the convicted person shall be determined by the commissioner of corrections."

SECTION 5.

Said article is further amended by striking in its entirety Code Section 17-1044, relating to death chamber apparatus, machinery, and appliances, and inserting in lieu thereof the following:

"17-10-44.

The Department of Corrections shall provide a place for execution of the death sentence and all necessary apparatus, machinery, and appliances for inflicting the penalty of death."

SECTION 6.

Section 3 of this Act shall apply to persons sentenced to death for crimes committed on or after May 1, 2000. Code Section 17-10-38 as it existed prior to its amendment by Section 3 of this Act shall continue to apply with respect to crimes committed prior to May 1, 2000, except that Section 3 of this Act shall apply to all persons sentenced to death for crimes committed prior to May 1, 2000, if the Supreme Court of the United States declares that electrocution violates the Constitution of the United States o. if the Supreme Court of Georgia declares that electrocution violates the Constitution of the United States or the Constitution of Georgia.

SECTION 7.

This Act shall become effective May 1, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 8.

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

Approved April 28, 2000.

REVENUE AND TAXATION - AD VALOREM TAXES; EXEMPTION FOR CERTAIN FARM EQUIPMENT; REFERENDUM.
Code Section 48-5-41.1 Amended.
No. 735 (House Bill No. 1416).
AN ACT
To amend Code Section 48-5-41.1 of the Official Code of Georgia Annotated, relating to exemption of certain agricultural products from ad valorem taxation, so as to provide an ad valorem tax exemption for certain farm equipment owned and used by family owned qualified farm products producers; to provide for a special election; to provide for effective dates and applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 48-5-41.1 of the Official Code of Georgia Annotated, relating to exemption of certain agricultural products from ad valorem taxation, is amended by adding at its end a new subsection (c) to read as follows:
"(c) Farm tractors, combines, and all other farm equipment other than motor vehicles, whether fixed or mobile, which is owned by and directly used in the production of agricultural products by family owned farm products producers shall be exempt from all ad valorem property taxes in this state."
SECTION 2.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that special election on the date of the November, 2000, general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the special election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in the state. The ballot shall have written or printed thereon the words:

GEORGIA lAWS 2000 SESSION

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"( ) YES ) NO

Shall the Act be approved which exempts from ad valorem taxes certain fixed and mobile farm equipment used by family owned qualified farm products producers?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2001, and shall apply to all taxable years beginning on or after such date. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.

SECTION 3.

Except as provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4.

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

Approved April 28, 2000.

MOTOR VEHICLES - DEPARTMENT OF MOTOR VEHICLE SAFETY; VARIOUS lAW ENFORCEMENT AND ADMINISTRATIVE DUTIES TRANSFERRED FROM CERTAIN STATE DEPARTMENTS AND COMMISSION.
Code Titles 40 and 16, 17, 32, 35, 43, 45, 46, and 48 Amended.
No. 737 (House Bill No. 1441).
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to create the position of commissioner of motor vehicle safety, the Board of Motor Vehicle Safety, and the Department of Motor Vehicle Safety; to provide for the responsibilities of the new department with respect to laws relating to registration and titling of motor vehicles, issuance and control of drivers' licenses, vehicle size and weight, fuel tax registration, motor carrier and limousine carrier operations, regulation of driver training schools, and other laws related to motor vehicle safety formerly the responsibility of the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission; to provide for the selection, service, and powers and duties of the commissioner and employees of the department; to provide for rules and regulations and forms;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

to provide for administration; to authorize appropriation of funds; to provide for transfers of prior appropriations; to provide for transfers of personnel, equipment, and facilities; to provide for disposition of fines and forfeitures; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for the transfer of law enforcement functions from the Department of Transportation to the Department of Motor Vehicle Safety and so as to provide for conforming amendments; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for indemnification of law enforcement officers of the Department of Motor Vehicle Safety who are killed or injured in the line of duty; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for the transfer from the Public Service Commission to the Department of Motor Vehicle Safety of functions relating to motor carriers and limousine carriers and so as to provide for conforming amendments and repeal of obsolete provisions; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change provisions relating to collection of motor vehicle ad valorem taxes; to amend certain other provisions of the Official Code of Georgia Annotated so as to provide for certain changes in the administrative organization of the Department of Public Safety and so as to provide for conforming amendments; to provide for related matters; to provide for an effective date and implementation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I

SECTION 1-1.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by adding at its end a new Chapter 16 to read as follows:
"CHAPTER 16

40-16-1.

As used in this chapter, the term:

(1) 'Board' means the Board of Motor Vehicle Safety.

(2) 'Commissioner' means the commissioner of motor vehicle safety.

(3) 'Department' means the Department of Motor Vehicle Safety. 40-16-2.

(a) There is created the Department of Motor Vehicle Safety. The department shall be the agency primarily responsible for:

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(1) Administration of the laws and regulations relating to registration and titling of motor vehicles, as provided for in Chapters 2 and 3 of Title 40;

(2) Administration of the laws and regulations relating to drivers' licenses, as provided for in Chapter 5 of Title 40;

(3) Administration of the laws and regulations relating to proof of financial responsibility, as provided for in Chapter 9 of Title 40;

(4) Enforcement of laws and regulations relating to the size and the weights of motor vehicles, trailers, and loads as provided for in Article 2 of Chapter 6 of Title 32;

(5) Enforcement of laws and regulations relating to licensing and fuel tax registration requirements and the reporting of violations of said requirements to the state revenue commissioner;

(6) Administration and enforcement anywhere in the state of laws and regulations relating to motor carriers, limousine carriers, and hazardous material carriers as provided for in Chapters 7 and 11 of Title 46;

(7) Enforcement of all state laws but only on the following properties owned or controlled by the Department of Transportation or the State Tollway Authority: rest areas, truck-weighing stations or checkpoints, wayside parks, parking facilities, toll facilities, and any buildings and grounds for public equipment and personnel used for or engaged in administration, construction, or maintenance of the public roads or research pertaining thereto;

(8) Enforcement of Code Section 16-10-24, relating to obstructing or hindering law enforcement officers, but only in those situations involving the obstruction or hindrance of enforcement officers designated by the department in their official duties;

(9) Directing and controlling traffic on any public road which is part of the state highway system but only in areas where maintenance and construction activities are being performed and at scenes of accidents and emergencies until local police officers or Georgia State Patrol officers arrive and have the situation under control;

( 10) Enforcement of Code Sections 32-9-4 and 40-6-54, relating to designation of restricted travel lanes;

(11) Enforcement of Code Section 16-11-43, relating to obstructing highways, streets, sidewalks, or other public passages, on any public road which is part of the state highway system;

(12) Enforcement of Code Section 16-7-43, relating to littering public or private property or waters, on any public road which is part of the state highway system;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(13) Enforcement of Code Section 16-7-24, relating to interference with government property, on any public road which is part of the state highway system; and
(14) Enforcement of any state law when ordered to do so by the Governor.

(b) In performance of the duties specified in subsection (a) of this Code section, certified law enforcement officers employed by the department shall:

(1) Be authorized to carry firearms;

(2) Exercise arrest powers;

(3) Have the power to stop, enter upon, and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with this chapter and other laws the administration or enforcement of which is the responsibility of the department;
(4) Have the power to examine the facilities where motor vehicles are housed or maintained and the books and records of motor carriers for purposes of determining compliance with this chapter and other laws the administration or enforcement of which is the responsibility of the department; and

(5) Exercise the powers generally authorized for law enforcement officers in the performance of the duties specified by this chapter or otherwise to the extent needed to protect any life or property when the circumstances demand action.

(c) In the performance of its duties, the department shall be required to comply with all applicable federal laws and rules and regulations and shall certify that the state is in compliance with all provisions and requirements of all applicable federal-aid acts and programs.

40-16-3.

(a) The department shall be under the direction, control, and management of the Board of Motor Vehicle Safety and the commissioner of motor vehicle safety. The commissioner shall be appointed by and serve at the pleasure of the board.

(b) The Board of Motor Vehicle Safety shall consist of nine members. Five members shall be appointed by the Governor and their terms shall expire as follows: two members on June 30, 2003, and June 30 of each sixth year thereafter; two members on June 30, 2005, and June 30 of each sixth year thereafter; and one member on June 30, 2007, and June 30 of each sixth year thereafter. Two members shall be appointed by the Lieutenant Gover-

GEORGIA lAWS 2000 SESSION

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nor and their terms shall expire as follows: one member on June 30, 2003, and June 30 of each sixth year thereafter and one member on June 30, 2006, and June 30 of each sixth year thereafter. Two members shall be appointed by the Speaker of the House and their terms shall expire as follows: one member on June 30, 2003, and June 30 of each sixth year thereafter and one member on June 30, 2006, and June 30 of each sixth year thereafter. All members except for the initial appointees shall serve for terms of six years and until their successors are appointed and qualified.

(c) The Governor shall designate a member to serve as chairperson of the board. The chairperson's term as chairperson shall expire on June 30, 2003, and June 30 of each second year thereafter. The board may elect other officers from among its membership and may establish bylaws for the conduct of its business.

(d) The members of the board shall receive no salary for their service on the board but any member who is not otherwise a public officer or employee shall receive a per diem expense allowance as provided in subsection (b) of Code Section 45-7-21.

(e) The board shall be the general policy-making body for the Department of Motor Vehicle Safety; and the commissioner shall be the chief executive officer of the department, subject to the policies established by the board. All rules and regulations promulgated by the commissioner must be approved by the board before they take effect.

(f) The commissioner shall receive an annual salary to be set by the board which shall be his or her total compensation for services as commissioner. The commissioner shall be reimbursed for all actual and necessary expenses incurred by him or her in carrying out his or her official duties.

(g) The commissioner shall take and subscribe before the board an oath to discharge faithfully and impartially the duties of such office, which oath shall be in addition to the oath required of all civil officers.

40-164.

(a) The commissioner shall establish such units within the department as he or she deems proper for its administration and shall designate persons to be directors and assistant directors of such units to exercise such authority as he or she may delegate to them in writing.

(b) The commissioner shall have the authority to employ as many persons as he or she deems necessary for the administration of the department and for the discharge of the duties of his or her office. He or she shall issue all necessary directions, instructions, orders, and rules applicable to such persons. He or she shall have authority, as he or she deems proper, to employ,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

assign, compensate, and discharge employees of the department within the limitations of the department's appropriation and the restrictions set forth by law.

(c) All employees of the department shall be compensated upon a fixed salary basis and no person shall be compensated for services to the department on a commission or contingent fee basis.

(d) Neither the commissioner nor any officer or employee of the department shall be given or receive any fee, compensation, loan, gift, or other thing of value in addition to the compensation and expense allowance provided by law for any service or pretended service either rendered or to be rendered as commissioner or as an officer or employee of the department.

(e) The commissioner shall delegate to such officers and employees of the department as he or she may designate the law enforcement powers and duties of the department as set out in Code Section 40-16-2. All officers and employees to whom such law enforcement powers and duties are delegated must be certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.'

40-16-5.

(a) Subject to approval by the board, the commissioner shall have the power to make and publish reasonable rules and regulations not inconsistent with this title or other laws or with the Constitution of this state or of the United States for the administration of this chapter or any law which it is his or her duty to administer.

(b) The commissioner may prescribe forms as he or she deems necessary for the administration and enforcement of this chapter or any law which it is his or her duty to administer.

(c) The authority granted to the commissioner pursuant to this Code section shall be exercised at all times in conformity with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

(d) The following rules and regulations shall remain of full force and effect as rules and regulations of the Department of Motor Vehicle Safety until amended, repealed, or superseded by rules or regulations adopted by the commissioner of motor vehicle safety:

(1) All rules and regulations previously adopted by the Department of Transportation or the State Transportation Board or the commissioner of transportation which relate to functions transferred under this chapter from the Department of Transportation to the Department of Motor Vehicle Safety;

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(2) All rules and regulations previously adopted by the Public Service Commission which relate to functions transferred under this chapter from the Public Service Commission to the Department of Motor Vehicle Safety;

(3) All rules and regulations previously adopted by the Department of Public Safety or the commissioner of public safety which relate to functions transferred under this chapter from the Department of Public Safety to the Department of Motor Vehicle Safety; and

(4) All rules and regulations previously adopted by the Department of Revenue or the state revenue commissioner which relate to functions transferred under this chapter from the Department of Revenue to the Department of Motor Vehicle Safety.

(e) All valid licenses, permits, certificates, and similar authorizations previously issued by the Department of Transportation, the Public Service Commission, the Department of Public Safety, and the Department of Revenue under laws to be administered by the Department of Motor Vehicle Safety shall continue in effect until the same expire by their terms unless they are suspended, revoked, or otherwise made ineffective as provided by law.

40-16-6.

(a) The commtssiOner may pursuant to rule or regulation specify and impose civil monetary penalties for violations of laws, rules, and regulations administered by the commissioner. Except as may be hereafter authorized by law, the maximum amount of any such monetary penalty shall not exceed the maximum penalty authorized by law or rule or regulation for the same violation immediately prior to the effective date of this chapter.

(b) All proceedings for the imposition of civil monetary penalties by the commissioner and other contested cases to be decided by or under authority of the commissioner shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' All such administrative proceedings which are pending on the effective date of this chapter under laws the administration of which is transferred to the commissioner shall be transferred to the jurisdiction of the commissioner as of the effective date of this chapter.

(c) The enactment of this chapter and the Act by which it is enacted shall not affect or abate the status as a crime of any act or omission which occurred prior to the effective date of such Act, nor shall the prosecution of such crime be abated as a result of such enactment.

40-16-7.

(a) The department shall be a budget unit to which funds may be appropriated as provided in the 'Budget Act,' Part 1 of Article 4 of Chapter 12 of Title 45. The department shall be an independent and distinct department of

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GENERAL ACTS AND RESOLUTIONS, VOL. I

state government. The duties of the department shall be performed by that department and not by any other agency of state government, and the department shall not perform the duties of any other agency of state government. The position of commissioner of motor vehicle safety shall be a separate and distinct position from any other position in state government. The duties of the commissioner shall be performed by the commissioner and not by any other officer of state government, and the commissioner shall not perform the duties of any other officer of state government.

(b) Appropriations to the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission for functions transferred to the Department of Motor Vehicle Safety pursuant to this chapter may be transferred to the Department of Motor Vehicle Safety as provided for in Code Section 45-12-90, relating to disposition of appropriations for duties, purposes, and objects which have been transferred. Personnel, equipment, and facilities previously employed by the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission for such transferred functions shall likewise be transferred to the Department of Motor Vehicle Safety. Any disagreement between such departments as to any such transfers shall be determined by the Governor.

(c) Except as specifically provided otherwise by law, all fines and forfeitures collected for criminal violations cited by the department's enforcement officers shall, after deduction from the total fine or forfeiture of the amounts due the Peace Officers' Annuity and Benefit Fund and the Sheriffs' Retirement Fund of Georgia and any other deductions specified by law, be paid by the clerk of the court into the fine and forfeiture fund of the county treasurer in the same manner and subject to the same rules of distribution as other fines and forfeitures."

PART II

SECTION 2-1.

Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by striking Code Section 32-1-7, relating to disbursement of fines and forfeitures in cases brought by officers of the Department of Transportation, and inserting in its place a new Code section to read as follows:

"32-1-7.

Reserved."

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SECTION 2-2.

Said Title 32 is further amended by striking paragraph (15) of subsection (a) of Code Section 32-2-2, relating to the authority and duty to inspect for violations of motor vehicle licensing and fuel tax registration requirements, and inserting in its place a new paragraph to read as follows:

"(15) Reserved;"

SECTION 2-3.

Said Title 32 is further amended by striking paragraph (1) of Code Section 326-2, relating to regulation of parking, and inserting in its place a new paragraph to read as follows:

"(1) The department may regulate and prohibit the parking of any type of vehicle on any public road on the state highway system, including extensions thereof into or through municipalities. Whenever any state or local law enforcement officer or employee of the Department of Motor Vehicle Safety to whom law enforcement authority has been designated finds a vehicle parked in violation of law or the department's regulations, such officer or employee is authorized to move such vehicle or require the driver or other person in charge of the vehicle to move the same. If the vehicle is unattended, such officer or employee is authorized to remove or provide for the removal of such vehicle to the nearest garage or other place of safety at the owner's expense. State or local law enforcement officers and the department are further authorized, with or without the consent of the owner, to remove or have removed any obstruction, cargo, or personal property which is abandoned, unattended, or damaged as a result of a vehicle accident which the department determines to be a threat to public health or safety or to mitigate traffic congestion."

SECTION 2-4.

Said Title 32 is further amended by striking subsection (a.1) of Code Section 32-6-27, relating to enforcement of vehicle load limits, and inserting in its place a new subsection to read as follows:

"(a.1)(1)(A) The Department of Motor Vehicle Safety is 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 Motor Vehicle Safety is 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

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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 Motor Vehicle Safety is 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.
(B) The Department of Motor Vehicle Safety is 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."
SECTION 2-5.
Said Title 32 is further amended by striking subsections (c) through (i) of said Code Section 32-6-27 and inserting in their place new subsections (c) through (i) to read as follows:
"(c) Within 15 days after the issuance of the citation authorized in paragraph (4) of subsection (a) of Code Section 32-6-29, the owner or operator of any offending vehicle shall pay the amount of the assessment to the Department of Motor Vehicle Safety or request an administrative determination of the amount and validity of the assessment. If an administrative hearing is requested, it shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations of the Department of Motor Vehicle Safety. Any person who has exhausted all administrative remedies available within the Department of Motor Vehicle Safety and who is aggrieved by a final order of the Department of Motor Vehicle Safety is entitled to judicial review in accordance with Chapter 13 of Title 50.
(d) All moneys collected in accordance with this Code section shall be transmitted to the Department of Motor Vehicle Safety, thereafter to be disposed of as follows:
(1) All moneys collected for violations of the weight limitations imposed by this article shall be remitted to the general fund of the state treasury; and

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(2) All moneys collected for violations of the height, width, or length limitations imposed by this article, after the appropriate statutory deductions, shall be retained by the governing authority of the county wherein the violation occurred for deposit in the general treasury of said county.

(e) Any owner or operator of a vehicle which is operated on the public roads of this state in violation of the weight limitations provided in this article shall be required, in addition to paying the moneys provided in subsection (a) of this Code section, to unload all gross weight in excess of 6,000 pounds over the legal weight limit before being allowed to move the vehicle.

(f) Any person authorized by law to enforce this article may seize the offending vehicle of an owner who fails or whose operator has failed to pay the moneys prescribed in subsection (a) of this Code section and hold such vehicle until the prescribed moneys are paid. Any person seizing such vehicle under this subsection or subsection (e) of this Code section may, when necessary, store the vehicle; and the owner thereof shall be responsible for all reasonable storage charges thereon. When any vehicle is seized, held, unloaded, or partially unloaded under these subsections, the load or any part thereof shall be removed or cared for by the owner or operator of the vehicle without any liability on the part of the authorized person or of the state or any political subdivision because of damage to or loss of such load or any part thereof.

(g)(1) Whenever any person, firm, or corporation violates this article and becomes indebted to the Department of Motor Vehicle Safety because of such violations and fails within 15 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the Department of Motor Vehicle Safety for administrative review, as provided for in subsection (c) of this Code section, such assessment shall become a lien upon the overweight motor vehicle so found to be in violation, which lien shall be superior to all liens except liens for taxes or perfected security interests established before the debt to the Department of Motor Vehicle Safety was created.
(2) Whenever any person, firm, or corporation requests an administrative review, it shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In the event that the administrative law judge finds in favor of the Department of Motor Vehicle Safety, the person, firm, or corporation shall pay the assessment within 30 days after the issuance of a final decision by the administrative law judge or, if judicial review is had in accordance with Chapter 13 of Title 50, then within 30 days after final judicial review is terminated. If the person, firm, or corporation fails to pay the assessment within 30 days, such assessment shall become a lien as provided for under paragraph ( 1) of this subsection.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) The Department of Motor Vehicle Safety shall perfect the lien created under this subsection in the same manner as is provided for in subsection (b) of Code Section 40-3-50 and Code Section 40-3-53.
(h) (1) The Department of Motor Vehicle Safety, in seeking to foreclose its lien on the motor vehicle arising out of an overweight motor vehicle citation assessed under this article, may seek an immediate writ of possession from the court before whom the petition is filed, if the petition contains a statement of facts, under oath, by the Department of Motor Vehicle Safety, its agents, its officers, or attorney setting forth the basis of the petitioner's claim and sufficient grounds for issuance of an immediate writ of possession.
(2) The Department of Motor Vehicle Safety shall allege under oath specific facts sufficient to show that it is within the power of the defendant to conceal, encumber, convert, convey, or remove from the jurisdiction of the court the property which is the subject matter of the petition.
(3) The court before whom the petition is pending shall issue a writ for immediate possession, upon finding that the petitioner has complied with paragraphs ( 1) and (2) of this subsection. If the petitioner is found not to have made sufficient showing to obtain an immediate writ of possession, the court may, nevertheless, treat the petition as one being filed under Code Section 44-14-231 and proceed accordingly.
(4) When an immediate writ of possession has been granted, the Department of Motor Vehicle Safety shall proceed against the defendant in the same manner as provided for in Code Sections 44-14-265 through 44-14269.
(i) (1) Whenever any person, firm, or corporation violates this article and fails within 15 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the Department of Motor Vehicle Safety for an administrative review as provided for under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the Department of Motor Vehicle Safety may act to suspend the motor vehicle license plate of the vehicle involved. However, if the person, firm, or corporation requests an administrative review, the Department of Motor Vehicle Safety shall act to suspend the license plate only after the issuance of a final decision favorable to the Department of Motor Vehicle Safety and the requisite failure of the person, firm, or corporation to pay the assessment. Upon such failure to pay the assessment, the Department of Motor Vehicle Safety shall send a letter to the owner of such motor vehicle stating the fact of such overdue assessment. Upon receipt of such letter from the Department of Motor Vehicle Safety, it shall be the duty of the owner of such vehicle to notifY the Department of Motor Vehicle Safety, within 15 days of the date on which notification was mailed by the

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Department of Motor Vehicle Safety, as to whether the assessment has been paid. If such information is not received by the Department of Motor Vehicle Safety within the specified time period or if the assessment has not in fact been paid, the Department of Motor Vehicle Safety shall suspend the motor vehicle license plate issued to the motor vehicle involved in the overweight assessment citation and shall notify the owner of the motor vehicle that he or she must forward the motor vehicle license plate issued to such motor vehicle to the Department of Motor Vehicle Safety. Upon complying with this subsection by paying the overdue assessment and upon submitting proof of compliance and paying a $10.00 restoration fee to the Department of Motor Vehicle Safety, the commissioner of motor vehicle safety shall return any motor vehicle license plate suspended under this subsection to the owner of such motor vehicle. In cases where the motor vehicle license plate has been suspended under this subsection for a second or subsequent time during any two-year period, the Department of Motor Vehicle Safety shall suspend the motor vehicle license plate for a period of 60 days and thereafter until the owner submits proof of compliance with this subsection and pays the $25.00 restoration fee to the Department of Motor Vehicle Safety.

(2) The Department of Motor Vehicle Safety, upon suspending the motor vehicle license plate, as provided for in this subsection, shall require that such plate be surrendered to the Department of Motor Vehicle Safety immediately following the effective date of suspension; and it is the duty of the owner, immediately upon receipt of notice from the Department of Motor Vehicle Safety, to forward the license plate to the Department of Motor Vehicle Safety.

(3) If such motor vehicle license plate is not received by the Department of Motor Vehicle Safety within ten days following the effective date of suspension, the commissioner of motor vehicle safety shall forthwith direct any peace officer to secure possession of such plate and return the same to the commissioner of motor vehicle safety.

(4) Unless otherwise provided for in this subsection, notice of the effective date of suspension shall occur when the driver receives actual knowledge or legal notice thereof, whichever occurs first. For the purposes of making any determination under this article relating to the return of a suspended motor vehicle license plate, no period of suspension under this subsection shall begin until the plate is surrendered to the Department of Motor Vehicle Safety or to a court of competent jurisdiction under this subsection, whichever shall occur first. If the motor vehicle license plate is lost or for any other reason surrender to the Department of Motor Vehicle Safety is impossible, the period of suspension shall begin on the date an affidavit setting forth the reasons for such impossibility is received by the department.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(5) It shall be unlawful to refuse to deliver upon a legal demand any motor vehicle license plate.

(6) Any person violating the provisions of paragraph (2) of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment for not more than 90 days.

(7) For the purposes of this subsection, where any provisions require the Department of Motor Vehicle Safety to give notice to a person, which notice affects such person's motor vehicle license plate, the mailing of such notice and the name and address shown on the notice of overdue assessment citation supplied by the Department of Motor Vehicle Safety, as required by this subsection, shall be presumptive evidence that such person received the required notice."

SECTION 2-6.

Said Title 32 is further amended by striking Code Section 32-6-29, relating to law enforcement activities of the Department of Transportation, and inserting in its place a new Code section to read 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. Responsibility for enforcement of this article shall be in the Department of Motor Vehicle Safety."

SECTION 2-7.

Said Title 32 is further amended by striking Code Section 32-6-30, relating to weighing, measuring, and inspection of vehicles, and inserting in its place a new Code section to read as follows:
"32-6-30.

(a) Any law enforcement officer or employee of the Department of Motor Vehicle Safety to whom law enforcement authority has been designated who observes a motor vehicle being operated upon a public road of the state and who has reason to believe that:

(1) Any provision of this article is being violated;

(2) The vehicle is improperly licensed in violation of Code Sections 48-101 through 48-10-12; or

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(3) 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 Sections 48-9-39 and 48-11-14

is authorized to stop such vehicle and weigh, measure, or inspect the same. Violations of such licensing or fuel tax registration and identification requirements shall be reported to the Department of Motor Vehicle Safety or the Department of Revenue as appropriate.

(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 Motor Vehicle 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 Motor Vehicle Safety 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 official or authorized employee of the Department of Motor Vehicle Safety."

PART III

SECTION 3-1.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-2-1, relating to definitions applicable to vehicle registration, and inserting in its place a new Code section to read as follows:

"40-2-1.

As used in this chapter, the term:

(1) 'Commissioner' means the commissioner of motor vehicle safety.

(2) 'Department' means the Department of Motor Vehicle Safety.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) 'Resident' means a person who has a permanent home or abode in Georgia to which, whenever he is absent, he has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that any person who, except for infrequent, brief absences, has been present in the state for 30 or more days is a resident."

SECTION 3-2.

Said Title 40 is further amended by striking subsection (e) of Code Section 402-21, relating to vehicle registration periods, and inserting in its place a new subsection to read as follows:

"(e) Any local law enacted pursuant to this Code section shall specify either a staggered registration period of four months or a nonstaggered registration period of four months. If such local law is conditioned upon approval in a referendum, the results of such referendum shall be verified to the commissioner."

SECTION 3-3.

Said Title 40 is further amended by striking subsection (b) of Code Section 402-23, relating to tax collectors and tax commissioners as tag agents, and inserting in its place a new subsection to read as follows:

"(b) The state revenue commissioner is authorized to further designate each such tag agent as a sales tax agent for the purpose of collecting sales and use tax with respect to the casual sale or casual use of a motor vehicle. For purposes of this Code section, 'casual sale' or 'casual use' means the sale of a motor vehicle by a person who is not regularly or systematically engaged in making retail sales of motor vehicles and the first use, consumption, distribution, or storage for use or consumption of such motor vehicle purchased through a casual sale. As personal compensation for services rendered to the Department of Revenue with respect to the collection of such sales and use tax, each such designated tag agent shall be authorized to retain from such collection a fee of $200.00 per month. In any month in which an insufficient amount of such tax is collected to pay such fee, the amount of any such unpaid fee may be deferred until such month as sufficient collections are made. Such compensation shall be in addition to any other compensation to which such tax collector or tax commissioner is entitled."

SECTION 3-4.

Said Title 40 is further amended by striking Code Section 40-2-24, relating to bonds of tag agents, and inserting in its place a new Code section to read as follows:

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"40-2-24.

Each tag agent shall give bond conditioned as the comm1ss1oner may require, and in such amount as the commissioner may deem necessary and proper, not exceeding $250,000.00, to protect the state adequately. Such bond shall be executed by a surety corporation licensed to do business in the State of Georgia, as surety, and the premiums shall be paid by the Department of Motor Vehicle Safety. The bond shall run to the Governor and his or her successors in office and shall be approved as to conditions, form, and sufficiency by the commissioner."

SECTION 3-5.

Said Title 40 is further amended by striking Code Section 40-2-27, relating to registration of certain vehicles not conforming to emissions standards, and inserting in its place a new Code section to read as follows:

"40-2-27.

(a) No application shall be accepted and no certificate of registration shall be issued to any motor vehicle which was not manufactured to comply with federal emission and safety standards applicable to new motor vehicles as required by 42 U.S.C.A. Section 7401 through Section 7642, known as the Clean Air Act, as amended, and as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the National Traffic and Motor Vehicle Safety Act of 1966, as amended, unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation.

(b) The provisions of subsection (a) of this Code section shall only apply to applications for certificates of registration for such motor vehicles first registered in Georgia after July 1, 1985. Certification of compliance shall only be required at the time of application for the issuance of the initial Georgia certificate of registration.

(c) Applications for registration of such motor vehicles shall be accompanied by a Georgia certificate of title, proof that an application for a Georgia certificate of title has been properly submitted, or such other information and documentation of ownership as the commissioner shall deem proper."

SECTION 3-6.

Said Title 40 is further amended by striking paragraph (1) of subsection (c) of Code Section 40-2-33, relating to issuance of and fees for registration, and inserting in its place a new paragraph to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"(c) (1) Any other provisions of any law of this state, whether general, special, or local, to the contrary notwithstanding, and except as provided in subsection (b) of this Code section and paragraph (2) of this subsection, the fees prescribed in subsection (b) of this Code section shall be retained by the tag agent appointed by the commissioner under this chapter and shall be his or her own personal compensation for the services rendered in the administration of this chapter, regardless of whether such agent may otherwise be an elected or appointed official of the county, and regardless of whether as such county officer he or she is compensated for the performance of the duties of such office on a fee basis or salary basis, or combination thereof. It shall be his or her duty, however, as agent for the commissioner in the administration of the purposes of this chapter, to compensate any additional personnel which may be necessary to enable said agent to effectuate the provisions of this chapter and the rules and regulations promulgated under this chapter by the commissioner."
SECTION 3-7.
Said Title 40 is further amended by striking subsection (a) of Code Section 402-34, relating to reports and remittances by tag agents, and inserting in its place a new subsection to read as follows:
"(a) All county tag agents accepting license applications shall endeavor to submit to the commissioner on at least a weekly basis reports of license applications handled and remit with such reports related sums of money to which the state is entitled. All tag reports of license applications handled and related sums of money to which the state is entitled must be submitted to the commissioner within 14 calendar days from the close of the business week during which the aforementioned license applications were handled and related sums of money received. The term 'business week' shall mean Monday through Friday (or Saturday if applicable)."
SECTION 3-8.
Said Title 40 is further amended by striking subsections (a), (b), and (d) of Code Section 40-2-37, relating to registration of public vehicles, and inserting in their respective places new subsections to read as follows:
"(a) All vehicles of the type required to be registered by Code Section 40-220 owned by the State of Georgia or any municipality or other political subdivision of this state and used exclusively for governmental functions, except those employed in secret investigatory police functions to which regular Georgia license plates are issued, shall be registered with the commissioner by the fiscal officers or other proper officials of the respective departments and agencies of the state, municipality, or political subdivision to which such vehicles belong prior to operation and use thereof. Such registration shall

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be made upon forms prescribed and prepared by the commissioner for such purpose and shall contain a brief description of the vehicle to be registered; its name and model; the name of the manufacturer; the manufacturer's vehicle identification number; the department, agency, political subdivision, or branch thereof to which such vehicle is to be registered; and such other information as to use and identity as the commissioner may require. Upon the filing of the properly executed application for registration, the commissioner, upon being satisfied that such vehicle is bona fide owned by the state or a municipality or political subdivision thereof and is to be used exclusively for governmental functions, shall issue, upon payment by such applicant of a license fee of $1.00, a license plate which shall be displayed upon such vehicle in the same manner as provided for private vehicles. Such license plates shall be replaced at such time as other license plates issued for private vehicles are required to be replaced.

(b) For all vehicles owned by the State of Georgia or any municipality or other political subdivision of this state, except those vehicles employed in covert or secret investigatory police functions to which regular Georgia license plates are issued and those vehicles owned by the Department of Public Safety, the commissioner shall provide for five-year registration and issuance of regular license plates for such vehicles. The five-year license plates issued pursuant to this subsection shall be identical in appearance to regular license plates issued for private vehicles. Such license plates may be transferred as provided for in subsection (d) of this Code section. Such five-year license plates shall be issued at the beginning of a five-year license period as for private vehicles or shall be issued at the time the vehicle is purchased by the state, and all such license plates shall expire at the same time as regular license plates."

"(d) Any such license plates shall remain displayed and affixed upon such vehicle so long as such vehicle continues to be owned by the state or such municipality or political subdivision and used exclusively for governmental functions. Upon cessation of either such ownership or use, the license plate shall be removed from such vehicle and either destroyed by such agency or returned to the commissioner for destruction. If a license plate has been destroyed by the agency, certification of such destruction shall be provided by the agency to the commissioner upon a form prepared and furnished for such purpose by the commissioner. In the event of a transfer of a vehicle to a department or agency, or branch thereof, other than the specific one to which such vehicle is registered, the commissioner shall be notified in writing by the department or agency from which the same is being transferred upon a form prepared and furnished for such purpose by the commissioner. Such transfer shall be recorded on the registration lists maintained by the commissioner. On due proof of loss of any such license plate, or of mutilation due to accidental or natural causes, another license plate may be issued

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upon application of the fiscal officer or other proper official of the department, agency, or political subdivision to which any such lost plate is registered."

SECTION 3-9.

Said Title 40 is further amended by striking Code Section 40-2-44, relating to replacement plates and decals, and inserting in its place a new Code section to read as follows:

"40-2-44.

(a) Except as provided in subsection (b) of this Code section, the owner of a motor vehicle shall immediately report the theft, loss, or mutilation of a license plate or revalidation decal to the appropriate law enforcement agency or official, including but not limited to a municipal or county police department or officer, the county sheriff, the Department of Public Safety, or the Georgia State Patrol. Said owner shall obtain a copy of the police report and shall submit such copy to the commissioner with a fee of $8.00 to obtain a duplicate license plate or revalidation decal. Alternatively, the copy of the police report may be submitted to the applicant's county tag agent with a fee of $8.00 in which case the county tag agent is authorized to issue a replacement license plate or decal. In those instances in which a vehicle owner is unable to obtain a police report of such theft, loss, or mutilation of a license plate or revalidation decal, the owner shall be authorized to submit to the appropriate law enforcement agency or official and to either the commissioner or to the county tag agent a sworn affidavit as to such theft, loss, or mutilation in lieu of a police report and obtain a replacement license plate or decal. The county tag agent shall be entitled to retain as compensation for issuance of a replacement license plate or decal the same commission as provided for issuance of a new license plate or decal under the terms and conditions provided in subsection (b) of Code Section 40-2-33.

(b) If the license plate or revalidation decal is mutilated but still legible and if such license plate or revalidation decal is surrendered with the application for the duplicate, the requirements of subsection (a) of this Code section, relating to reporting the theft, loss, or mutilation of a license plate or decal and submitting a copy of a police report, shall not apply.

(c) A duplicate county decal when the original has been lost, defaced, or destroyed may be obtained from the commissioner at no cost. A replacement license plate or revalidation decal when the original has been lost in the mail prior to receipt by the registered owner shall be issued by the commissioner without charge upon application and completion of the form and affidavit prescribed by the commissioner setting forth the circumstances of nonreceipt of the license plate or decal. The owner shall report the nonreceipt or loss of the license plate or decal to the appropriate law enforce-

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ment agency or official, including, but not limited to, a municipal or county police department or officer, the county sheriff, or the Department of Public Safety. Said owner shall obtain a copy of the police report on which the license plate or decal number is listed and shall submit such copy to the commissioner. The owner shall not be charged a fee by the Department of Public Safety or the local law enforcement agency or official for a copy of such police report.

(d) The commissioner is authorized to establish procedures and promulgate rules and regulations for carrying out this Code section."

SECTION 3-10.

Said Title 40 is further amended by striking subsection (b) of Code Section 402-60.1, relating to special license plates, and inserting in its place a new subsection to read as follows:

"(b) The commissioner is authorized to adopt rules and regulations for the issuance of special license plates for groups of individuals and vehicles. Such rules and regulations shall provide that no such special license plate shall be issued except upon the application of at least 500 persons. The rules and regulations shall provide for the manner of such applications. The rules and regulations shall provide that upon receipt of the requisite number of applications, a special license plate may be issued as provided in this Code section. The rules and regulations may provide for exceptions whereby a special plate will not be issued if the issuance of the plate would adversely affect public safety. The rules and regulations shall provide for the design and manufacture of such special license plates and shall provide that such plates shall be readily recognizable as Georgia license plates through the adoption of a standard design containing a smaller space for the insertion of an appropriate logo or graphic identifying the special nature of the license plate. Subject to the foregoing provisions of this subsection, the design of each special license plate shall be in the discretion of the commissioner."

SECTION 3-11.

Said Title 40 is further amended by striking Code Section 40-2-70, relating to special plates for certain disabled veterans, and inserting in its place a new Code section to read as follows:

"40-2-70.

Any citizen and resident of the State of Georgia who has been discharged from the armed forces under conditions other than dishonorable, who is disabled to any degree specified and enumerated in Code Section 40-2-69, and who is the owner of a private passenger motor vehicle, but who cannot qualify under Code Section 40-2-69, shall be entitled to a special and distinctive automobile license plate. Such license plate shall be transferred to an-

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other 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 such plate regardless of whether he or she is suffering from a service connected or nonservice connected disability. Such veteran must apply for such license plate and, upon compliance with the state motor vehicle laws for licensing of motor vehicles and payment of the regular license fee for plates as prescribed under Chapter 10 of Title 48, such veteran shall be issued similar license plates as prescribed in Code Section 40-2-71 for private passenger cars. There shall be no charge for the additional plate issued such veteran under this Code section. If a veteran has not been certified as disabled by the United States Department of Veterans Affairs, such veteran may submit to the Department of Veterans Service such veteran's discharge papers and a certified statement from a physician, licensed under Chapter 34 of Title 43, certifYing that in the opinion of such physician such veteran is disabled to a degree enumerated in Code Section 40-2-69. If the certificate from the physician indicates the qualifYing disabilities which meet the standards of the United States Department of Veterans Mfairs, the commissioner of veterans service shall submit a letter to the commissioner of motor vehicle safety indicating that the veteran meets the requirements of this Code section and qualifies for a special license plate as provided in this Code section."
SECTION 3-12.
Said Title 40 is further amended by striking subsection (f) of Code Section 402-76, relating to special plates for alternative fuel vehicles, and inserting in its place a new subsection to read as follows:
"(f) Reserved."
SECTION 3-13.
Said Title 40 is further amended by striking Code Section 40-2-82, relating to plates for state troopers, and inserting in its place a new Code section to read 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. The distinctive plates shall be issued free of charge in accordance with procedures agreed upon by the commissioner of public safety and the commissioner of motor vehicle safety. 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."

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SECTION 3-14.

Said Title 40 is further amended by striking paragraph (9) of Code Section 402-87, relating to definitions applicable to certain reciprocal agreements, and inserting in its place a new paragraph to read as follows:

"(9) 'Commissioner' means the jurisdiction official in charge of registration of vehicles and means, for the State of Georgia, the commissioner of motor vehicle safety."

SECTION 3-15.

Said Title 40 is further amended by striking subsections (a) and (f) of Code Section 40-2-88, relating to agreements for apportionment of commercial vehicles, and inserting in their respective places new subsections to read as follows:

"(a) In addition to and regardless of the provisions of Article 3 of this chapter or any other provisions of law relating to the operation of motor vehicles over the public highways of this state, the commissioner is authorized to enter into reciprocal agreements or plans on behalf of the State of Georgia with the appropriate authorities of any of the states of the United States, the District of Columbia, a state or province of any foreign country, or a territory or possession of the United States or any foreign country providing for the registration of commercial vehicles on an apportionment basis and may, in the exercise of this authority, enter and become a member of the International Registration Plan developed by the American Association of Motor Vehicle Administrators. Any such reciprocal agreement or plan may provide for but shall not be limited to the following provisions: (1) full reciprocity in accordance with such agreement or plan for commercial vehicles not based in Georgia, which vehicles are operated in interstate commerce or a combination of interstate and intrastate commerce and are of specified types or weights, in exchange for equivalent reciprocity for Georgia based commercial vehicles; (2) reciprocal exchange of audits of records of the owners of such commercial vehicles by the states participating in any such agreement or plan; and (3) any other matters which would facilitate the administration of such agreement or plan, including exchange of information for audits enforcement activities and collection and disbursement of proportional registration fees for other jurisdictions in the case of Georgia based commercial vehicles."

"(f) Each motor carrier registered under the International Registration Plan shall maintain and keep, for the current year and the three preceding years, such pertinent records and papers as may be required by the commissioner for the reasonable administration of this chapter. If a registrant fails to make records available to the commissioner upon proper request or if any registrant fails to maintain records from which its true liability may be determined, the commissioner may, 30 days after written demand for production

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of or access to the records or notification of insufficient records, impose an assessment of liability based on the commissioner's estimate of the true liability of such registrant as determined from information furnished by the registrant, information gathered by the commissioner at his or her own instance, information available to the commissioner concerning operations by similar registrants, and such other pertinent information as may be available to the commissioner."

SECTION 3-16.

Said Title 40 is further amended by striking paragraph (2) of subsection (c) of Code Section 40-2-130, relating to registration records, and inserting in its place a new paragraph to read as follows:

"(2) The owner of the vehicle. When the title or registration records maintained by the commissioner have not been changed to reflect a new owner of the vehicle, proof of proprietary interest must be submitted prior to release of the information;".

SECTION 3-17.

Said Title 40 is further amended by striking Code Section 40-2-134, relating to special agents and enforcement officers, and inserting in its place a new Code section to read as follows:
"40-2-134.

Certified law enforcement officers appointed by the commissioner are authorized to enforce the laws of this state relating to the licensing and registration of motor vehicles and are endowed with all the powers of a police officer of this state when engaged in the enforcement of said laws."

SECTION 3-18.

Said Title 40 is further amended by striking Code Section 40-2-136, relating to surrender of plates of habitual violators, and inserting in its place a new Code section to read as follows:

"40-2-136.

(a) If a person is convicted of violating Code Section 40-6-391 and the person's driver's license is suspended or revoked pursuant to Code Section 40-558, the court shall issue an order requiring that the license plate of the motor vehicle which such person was operating at the time of violating Code Section 40-6-391 be surrendered to the court, provided that such motor vehicle is registered in such person's name. In the event a person was operating a motor vehicle not registered in such person's name at the time of violating Code Section 40-6-391, the court shall issue an order requiring that the license plate of any motor vehicle registered in such person's name be surrendered to the court. The court shall notify the commissioner within ten

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days after issuing any such order. The court shall issue a receipt for the surrendered license plate or plates. The court shall forward the surrendered license plate or plates to the local tag agent immediately upon receipt.

(b) Except as provided in subsection (c) of this Code section, no new license plate or plates may be issued to a person subject to a court order issued pursuant to subsection (a) of this Code section until the driver's license of such person has been reissued or reinstated, and, except as provided in subsection (c) of this Code section, it shall be a misdemeanor for such person to obtain a new license plate or plates.

(c) (1) A person who is subject to a court order issued pursuant to subsection (a) of this Code section may apply to the commissioner for authorization to obtain a new license plate or plates bearing a special series of numbers and letters so as to be identifiable by law enforcement officers. Such license plate shall not, in and of itself, constitute probable cause to authorize a traffic stop, search of a motor vehicle, or seizure. The commissioner shall determine whether the applicant has a valid limited driving permit or probationary license or whether there is another member of such person's household who possesses a valid driver's license, and in no event shall such determination take more than five business days. A local tag agent shall not issue any plates except on written approval of the commissioner, payment of a $20.00 fee for each vehicle for which a special plate is issued, and compliance by the applicant with all applicable state laws. The written authorization from the commissioner shall specify the maximum number of license plates a person may obtain.

(2) A motor vehicle owned or leased by a person subject to a court order issued pursuant to subsection (a) of this Code section or for which a license plate has been issued subject to paragraph (1) of this subsection may not be sold or conveyed unless the commissioner determines, upon receipt of proper application, that the proposed sale or conveyance is in good faith, that the person subject to such court order will be deprived of custody or control of the motor vehicle, and that the sale or conveyance is not for the purpose of circumventing the provisions of this Code section. Upon making such determination, the commissioner shall transfer the certificate of title to such vehicle and issue a new certificate of registration and license plate.

(3) If the title to a motor vehicle owned by a person subject to a court order issued pursuant to subsection (a) of this Code section or for which a license plate has been issued pursuant to paragraph (1) of this subsection is transferred by the foreclosure, cancellation of a conditional sales contract, sale upon execution, or order of a court of competent jurisdiction, the commissioner shall transfer the certificate of title as provided in Code Section 40-3-34 and issue a new license plate to the new registered owner.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(4) Upon full restoration of the driving privileges of a person subject to a court order under subsection (a) of this Code section, the commissioner shall authorize the person to apply for a regular issue license plate. The fee for a regular issue license plate shall be as provided by Code Section 48-10-2. As a condition of obtaining any regular issue license plate, the person shall surrender his or her special issue license plate to the local tag agent.
(5) Nothing in this Code section shall be deemed to waive any lawful requirement for the issuance of a license plate including, but not limited to, proof of financial responsibility.

(6) Display of a license plate issued pursuant to paragraph (1) of this subsection shall not constitute probable cause for stopping or detaining a vehicle.

(7) Any person aggrieved by a decision of the commissioner pursuant to paragraph (1) of this subsection may make a request in writing to the Office of State Administrative Hearings for a hearing. Such hearing shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act."'

PART IV

SECTION 4-1.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking paragraph (2) of Code Section 40-3-2, relating to definitions applicable to certificates of title, and inserting new paragraphs (2) and (2.1) to read as follows:

"(2) 'Commissioner' means the commissioner of motor vehicle safety.

(2.1) 'Department' means the Department of Motor Vehicle Safety."
SECTION 4-2.
Said Title 40 is further amended by striking subparagraph (B) of paragraph (14) of Code Section 40-3-4, relating to exclusions from title requirements, and inserting in its place a new subparagraph to read as follows:
"(B) The owner of any vehicle which has a valid certificate of title and which becomes subject to the exclusion provided in subparagraph (A) of this paragraph may retain the certificate of title. Each subsequent transferee of any vehicle covered by subparagraph (A) of this paragraph, for which the certificate of title has been retained, may obtain a certificate of title by complying with Code Section 40-3-32. However, the failure of any subsequent transferee to comply with Code Section 40-3-32 shall preclude transferees subsequent to that transferee from obtaining a certificate of title. The department shall maintain such

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records as may be necessary to allow owners to obtain a certificate of title under this subparagraph. No certificate of title authorized to be issued under this subparagraph shall be issued under Code Section 40-328."

SECTION 4-3.

Said Title 40 is further amended by striking subsection (a) of Code Section 403-6, relating to hearings, and inserting in its place a new subsection to read as follows:

"(a) A person aggrieved by an act or omission to act of the department under this chapter is entitled, upon request, to a hearing. The commissioner shall establish a board to hear complaints of persons aggrieved by an act or omission to act of the commissioner or any employee of the department pertaining to the administration of this chapter. The procedure established in this chapter for the handling of complaints and grievances shall be exclusive and these procedures shall apply to all such complaints and grievances. The commissioner shall promulgate rules and regulations governing the membership of the board and the organization thereof."

SECTION 4-4.

Said Title 40 is further amended by striking paragraph (2) of subsection (d) of Code Section 40-3-23, relating to title records, and inserting in its place a new paragraph to read as follows:

"(2) The owner of the vehicle. When the title or registration records of the department have not been changed to reflect a new owner of the vehicle, proof of proprietary interest must be submitted prior to release of the information;".

SECTION 4-5.

Said Title 40 is further amended by striking paragraph (2) of subsection (a) of Code Section 40-3-26, relating to delivery and disposition of titles, and inserting in its place a new paragraph to read as follows:

"(2) The commissioner may enter into agreements with any such security interest holder or lienholder to provide a means of delivery by secure electronic measures of a notice of the recording of such security interest or lien. Such security interest or lien shall remain on the official records of the department until such time as the security interest or lien is released by secure electronic measures or affidavit of lien or security interest release; after which release, or at the request of the lienholder or security interest holder, the certificate of title may be printed and mailed or delivered to the next lienholder or security interest holder or as otherwise provided by paragraph (1) of this subsection without payment of any fee provided by Code Section 40-3-38."

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SECTION 4-6.

Said Title 40 is further amended by striking subsection (a) of Code Section 403-30, relating to compliance with safety standards, and inserting in its place a new subsection to read as follows:

"(a) In addition to the reasons set forth in Code Section 40-3-29, no application shall be accepted and no certificate of title shall be issued to any motor vehicle which was not manufactured to comply with federal safety standards applicable to new motor vehicles as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the National Traffic and Motor Vehicle Safety Act of 1966, as amended, unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation."

SECTION 4-7.

Said Title 40 is further amended by striking subparagraph (a) (2) (D) of Code Section 40-3-36, relating to salvage vehicles, and inserting in its place a new subparagraph to read as follows:

"(D) The department shall give priority to the title submissions provided for in subparagraph (C) of this paragraph and shall issue a salvage certificate of title for such vehicles within seven days of receipt of such submissions by an insurance company."

SECTION 4-8.

Said Title 40 is further amended by striking Code Section 40-3-39, relating to compensation of tag agents, and inserting in its place a new Code section to read as follows:

"40-3-39.

The commissioner is authorized to utilize the services of persons appointed as county tag agents under Code Section 40-2-23 and to allow such county tag agents to retain a fee therefor not in excess of 50 for each application handled, such fee to be disposed of as other tag fees retained by him or her as tag agent are disposed of in his or her county. Any applicant for a title shall have the right to mail the application directly to the department."

SECTION 4-9.

Said Title 40 is further amended by striking 40-3-42, relating to timely submission of applications, and inserting in its place a new Code section to read as follows:

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"40-3-42.

In instances when an application for title is required to be submitted within a certain time period, proof of mailing within the designated period allowed for submission of the documents, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the application was timely submitted. Additionally, when the law provides for a penalty for the untimely submission of a title application, the responsibility for the collection of such penalty shall be that of the department."

PARTV

SECTION 5-l.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking paragraphs (2), (3), (5), and (7) of Code Section 40-51, relating to definitions applicable to drivers' licenses, and inserting in their respective places new paragraphs to read as follows:

"(2) Reserved.

(3) 'Cancellation of driver's license' means the annulment or termination by formal action of the Department of Motor Vehicle Safety of a person's license because of some error or defect in the license or because the licensee is no longer entitled to such license. The cancellation of a license is without prejudice, and application for a new license may be made at any time after such cancellation."

"(5) 'Commissioner' means the commissioner of motor vehicle safety."

"(7) 'Department' means the Department of Motor Vehicle Safety."

SECTION 5-2.

Said Title 40 is further amended by striking subsection (a) of Code Section 405-2, relating to drivers' license records, and inserting in its place a new subsection to read as follows:

"(a) The department shall maintain records regarding the drivers' licenses and permits issued by the department under this chapter. The drivers' records maintained by the department shall include:

( 1) A record of every application for a license received by it and suitable indexes containing:

(A) All applications granted; and

(B) The name of every licensee whose license has been canceled, suspended, or revoked by the department and after each such name shall note the reasons for such action;

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(2) Drivers' records received from other jurisdictions. Upon receipt of such driver's record, it shall become a part of such driver's record in this state and shall have the same force and effect as though entered on the driver's record in this state in the original instance; and
(3) Records of all accident reports and abstracts of court records of convictions of any offense listed in subsection (a) of Code Section 40-5-54, Code Section 40-6-10, driving on a suspended license in violation of Code Section 40-5-121, administrative license suspension pursuant to Code Sections 40-5-67 through 40-5-67.2, Code Section 40-5-75, Chapter 9 of this title, the 'Motor Vehicle Safety Responsibility Act,' and Chapter 34 of Title 33, the 'Georgia Motor Vehicle Accident Reparations Act,' any felony offense under this title, any offense committed while operating a commercial motor vehicle, serious traffic offenses, or other offenses requiring the assessment of points on the driving record that are received by it under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which such licensee has been involved shall be readily ascertainable and available for the consideration of the department upon any application for renewal of license and at other suitable times. For purposes of issuing a driver's operating record to the public as provided in this Code section, the period of calculation for compilation of such report shall be determined by the date of arrest."
SECTION 5-3.

Said Title 40 is further amended by striking subsection (a) of Code Section 405-4, relating to license regulations, and inserting in its place a new subsection to read as follows:

"(a) The commissioner is authorized to implement any and all provisions of this chapter by the promulgation of necessary rules and regulations. An express grant of authority to the commissioner in any Code section to promulgate regulations shall not be construed as excluding such authority in any other Code section."

SECTION 5-4.
Said Title 40 is further amended by striking paragraph (11) of subsection (a) of Code Section 40-5-21, relating to exemptions from licensure, and inserting in its place a new paragraph to read as follows:

"(11) Any resident who is 15 years of age or over while taking actual incar training in a training vehicle other than a commercial motor vehicle under the direct personal supervision of a driving instructor when such driving instructor and training vehicle are licensed by the department in accordance with the provisions of Chapter 13 of Title 43, 'The Driver

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Training School License Act,' or when such driving instructor and vehicle are approved by the State Department of Education for a driver education program offered by a public high school, provided that the course is open only to students of such accredited school. As used in the previous sentence, the term 'commercial motor vehicle' shall have the meaning specified in Code Section 40-5-142. All vehicles utilized for the in-car training authorized under this paragraph shall be equipped with dual controlled brakes and shall be marked with signs in accordance with the Department of Motor Vehicle Safety or Department of Education rules clearly identifying such vehicles as training cars belonging to a driving school or public high school. A driving instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such person has at least the visual acuity and horizontal field of vision as is required for issuance of a driver's license in subsection (c) of Code Section 40-5-27."

SECTION 5-5.

Said Title 40 is further amended by striking paragraph (3) of subsection (a) of Code Section 40-5-22, relating to requirements for licensure, and inserting in its place a new paragraph to read as follows:

"(3) The State Board of Education and the commissioner of motor vehicle safety are authorized to promulgate rules and regulations to implement the provisions of this subsection."

SECTION 5-6.

Said Title 40 is further amended by striking Code Section 40-5-22.1, relating to reinstatement of certain license privileges, and inserting in its place a new Code section to read as follows:

"40-5-22.1.

Notwithstanding any other provision of law, if a child under 16 years of age is adjudicated delinquent of driving under the influence of alcohol or drugs or of possession of marijuana or a controlled substance in violation of Code Section 16-13-30 or of the unlawful possession of a dangerous drug in violation of Code Section 16-13-72 or convicted in any other court of such offenses, the court shall order that the privilege of such child to apply for and be issued a driver's license or learner's permit shall be suspended and delayed until such child is 17 years of age for a first conviction and until such child is 18 years of age for a second or subsequent such conviction. Upon reaching the required age, such license privilege shall be reinstated if the child submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources or an assessment and intervention program approved by the juvenile court and

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pays a fee of $210.00 to the Deparunent of Motor Vehicle Safety or $200.00 when such application is processed by mail. The court shall notify the Department of Motor Vehicle Safety of its order delaying the issuance of such child's license within 15 days of the date of such order. The Department of Motor Vehicle Safety shall not issue a driver's license or learner's permit to any person contrary to a court order issued pursuant to this Code section."

SECTION 5-7.

Said Title 40 is further amended by striking subsection (b) of Code Section 405-23, relating to classes of licenses, and inserting in its place a new subsection to read as follows:

"(b) Subject to this chapter, the commissioner shall establish by rules and regulations such qualifications, including but not limited to, training, experience, or educational prerequisites, as he or she believes are necessary for the safe operation of the various types, sizes, or combinations of vehicles and shall appropriately examine each applicant to determine his or her qualification according to the type or general class of license applied for."
SECTION 5-8.

Said Title 40 is further amended by striking the introductory language of subsection (a) of Code Section 40-5-25, relating to license applications and fees, and inserting in its place new language to read as follows:

"Every application for an instruction permit or for a driver's license shall be made upon a form furnished by the deparunent. Every application shall be accompanied by the proper license fee. The fees shall be as established by the commissioner, not to exceed:".

SECTION 5-9.
Said Title 40 is further amended by striking subsection (c) of said Code Section 40-5-25 and inserting in its place a new subsection to read as follows:

"(c) Every such application shall state the full name, date of birth, sex, and residence address of the applicant; shall briefly describe the applicant; and shall state whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, and whether any such license has ever been suspended, revoked, or refused, and, if so, the date of and reason for such suspension, revocation, or refusal; and shall state such other information as the commissioner may require to determine the applicant's identity, competence, and eligibility. The department shall not issue a license until a complete examination of the applicant's record has been completed. The commissioner may issue such rules and regulations as shall be necessary for the orderly processing of license applications."

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SECTION 5-10.

Said Title 40 is further amended by striking subsection (a) of Code Section 405-30, relating to restricted licenses, and inserting in its place a new subsection to read as follows:

"(a) Upon issuing a driver's license, the department shall have authority, whenever good cause appears, to impose restrictions suitable to the licensee's driving ability with respect to special mechanical control devices required on a motor vehicle which the licensee may operate or such other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee. The commissioner may promulgate such rules and regulations as are necessary to implement this Code section."

SECTION 5-11.

Said Title 40 is further amended by striking Code Section 40-5-32, relating to expiration and renewal of licenses, and inserting in its place a new Code section to read as follows:

"40-5-32.

(a) Every driver's license shall expire on the licensee's birthday in the fourth year following the issuance of such license. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and satisfactory completion of the examination required or authorized by subsection (b) of this Code section. Every holder of a veteran's or honorary license shall meet the requirements of subsection (b) of this Code section on or before his or her birthday every four years, beginning from the date on which the holder was last required to take an examination under former Ga. L. 1972, p. 1076, as amended by Ga. L. 1973, pp. 916, 917. The department may allow a veteran or honorary license holder to retain his or her expired veteran's or honorary license as a souvenir. The commissioner shall issue such rules and regulations as are required to enforce this subsection.

(b) The department shall require every person applying for renewal of a driver's license to take and pass successfully such test of his or her eyesight as the department shall prescribe. At the time of the renewal, the department shall issue a pamphlet containing information pertaining to new traffic laws and to traffic laws most frequently violated. The commissioner may issue such rules and regulations as are necessary to implement this subsection."

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SECTION 5-12.

Said Title 40 is further amended by striking subsections (a), (b), and (c) of Code Section 40-5-35, relating to medical qualifications, and inserting in their place new subsections to read as follows:
"(a) The Driver License Advisory Board appointed by the department shall define disorders characterized by lapses of consciousness or other mental or physical disabilities affecting the ability of a person to drive safely for the purpose of the reports required by this Code section, and the commissioner may use these definitions to promulgate regulations making such disorders and disabilities disqualifications, under certain conditions, for obtaining or keeping a driver's license for any class or classes of vehicles.

(b) All physicians licensed under Article 2 of Chapter 34 of Title 43 to diagnose and treat disorders and disabilities defined by the commissioner may report to the department the full name, date of birth, and address of any person with a disability which would render such person incapable of operating a motor vehicle safely.

(c) All other persons licensed under Chapter 30 of Title 43 to diagnose and treat disorders defined by the commissioner may report to the department the full name, date of birth, and address of any person with a disability which would render such person incapable of operating a motor vehicle safely."

SECTION 5-13.

Said Title 40 is further amended by striking subsections (a) and (b) of Code Section 40-5-36, relating to veterans', honorary, and distinctive licenses, and inserting in their place new subsections to read as follows:
"(a) Except as specifically provided in this chapter, no part of this chapter shall be interpreted as affecting the rights and privileges of a person holding a veteran's, honorary, or distinctive license, and nothing in this chapter shall be construed so as to authorize the department to impose any charge or fee of any type whatsoever for the issuance or renewal of a veteran's, honorary, or distinctive license; provided, however, that the commissioner may issue regulations on types and classes of vehicles which may be operated by the holder of such license.

(b) The commissioner shall establish by rules and regulations the proof required to be produced by an applicant for a veteran's, honorary, or distinctive license. The contents of such license shall be the same as for any other license. The forms upon which such licenses are issued shall be such that the licenses are of a permanent nature, provided that nothing in this subsec-

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tion shall authorize the deparunent to require any person holding a veteran's or honorary license before January 1, 1976, to surrender such license. Veterans', honorary, and distinctive licenses shall not be subject to any fees."

SECTION 5-14.

Said Title 40 is further amended by striking Code Section 40-5-50, relating to license cancellation, and inserting in its place a new Code section to read as follows:

"40-5-50.

The department is authorized to cancel any driver's license or personal identification card issued by the deparunent pursuant to Code Section 40-5100 upon determining that the holder of such license or identification card was not entitled to the issuance thereof under this chapter or failed to give the required or correct information in the application for such license or identification card."

SECTION 5-15.

Said Title 40 is further amended by striking subsection (a) of Code Section 405-53, relating to reports of convictions, and inserting in its place a new subsection to read as follows:

"(a) Whenever any person is convicted of any offense for which this chapter makes mandatory the suspension of the license of such person by the department, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward the same to the department, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within ten days after the conviction. Notwithstanding any other provision of this title, the deparunent shall retain possession of any suspended drivers' licenses forwarded to it under this or any other provision of law if the license's expiration date, as shown on the driver's license, is one year or more away. The department shall return the driver's original license upon payment of the applicable reinstatement fee if such driver applies for and is granted reinstatement while the original license is in the possession of the department. No additional fee shall be required for the return of such original license. The department may destroy a suspended license if the license's expiration date, as shown on the license, is less than one year away."

SECTION 5-16.

Said Title 40 is further amended by striking subsection (b) of Code Section 405-54, relating to mandatory license suspension, and inserting in its place a new subsection to read as follows:

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"(b) All judges of all courts having jurisdiction of the offenses set forth in subsection (a) of this Code section shall, at the time of sentencing, give notice to the defendant on forms provided by the department of the suspension of the defendant's driver's license. The period of suspension shall be determined by the department for the term authorized by law. The court shall forward the notice of suspension and the defendant's driver's license to the department within ten days from the date of conviction. The department shall notify the defendant of the period of suspension at the address provided by the defendant."
SECTION 5-17.
Said Title 40 is further amended by striking subsection (e) of Code Section 405-54.1, relating to compliance with child support orders, and inserting in its place a new subsection to read as follows:

"(e) A person whose driver's license has been suspended pursuant to this Code section may apply to the department for a restricted driving permit as provided in Code Section 40-5-71."

SECTION 5-18.
Said Title 40 is further amended by striking subsection (c) of Code Section 405-56, relating to response to citations, and inserting in its place a new subsection to read as follows:

"(c) The suspension provided for in this Code section shall be for an indefinite period until such person shall respond and pay any fines and penalties imposed. Such person's license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail to the department. Such suspension shall be in addition to any other suspension or revocation provided for in this chapter."
SECTION 5-19.
Said Title 40 is further amended by striking subparagraph (c) (1) (C) of Code Section 40-5-57, relating to license suspension, and inserting in its place a new subparagraph to read as follows:
"(C) A court may order a person to attend a driver improvement course for any violation for which points are assessed against a driver's license under this subsection or may accept the attendance by a person at a driver improvement clinic after the issuance of a citation for such offense and prior to such person's appearance before the court, in which event the court shall reduce the fine assessed against such person by 20 percent, and no points shall be assessed by the department against such driver. The disposition and court order shall be reported

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to the department and shall be placed on the motor vehicle record with a zero point count. This plea may be accepted by the court once every five years as measured from date of arrest to date of arrest."

SECTION 5-20.

Said Title 40 is further amended by striking subsection (d) of Code Section 405-57.1, relating to revocation of young drivers' licenses, and inserting in its place a new subsection to read as follows:

"(d) Any person whose driver's license is revoked under subsection (a) of this Code section for commission of any offense other than violation of Code Section 40-6-391 shall not be issued a new driver's license without submitting proof of completion of a defensive driving program approved by the department and payment of a fee equivalent to that required for restoration of a suspended driver's license under paragraph (1) of subsection (a) of Code Section 40-5-63."

SECTION 5-21.

Said Title 40 is further amended by striking subsections (b) and (c) of Code Section 40-5-58, relating to habitual violators, and inserting in their place new subsections to read as follows:

"(b) When the records of the department disclose that any person has been arrested and convicted of a violation of Chapter 6 of this title, or of a valid local ordinance adopted pursuant thereto, of an offense occurring on or after January 1, 1976, which record of arrest and conviction, when taken with and added to previous arrests and convictions of such person as contained in the files of the department, reveals that such person is a habitual violator as defined in subsection (a) of this Code section, the department shall forthwith notify such person that upon the date of notification such person has been declared by the department to be a habitual violator, and that henceforth it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. Notice shall be given by certified mail, with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. In the event that at the time of determination the habitual violator had been issued a driver's license, such license shall be revoked by such notice and shall be surrendered to the department within ten days of notification of such determination. For the purposes of this chapter, notice given by certified mail with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. In addition to the procedure set forth in this subsection, the sentencing judge or prosecutor in a conviction which conviction classifies the defendant as a habitual violator may, at the time of sentencing, declare such defendant to be a habitual violator. The judge or prosecutor shall, when declaring a

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defendant to be a habitual violator, then give personal notice to such defendant on forms provided by the department that henceforth it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. The judge or prosecutor, as the case may be, shall within three days forward to the department the order declaring that the defendant is a habitual violator, the notice of service, with the defendant's driver's license or a sworn affidavit of the defendant declaring that the driver's license has been lost, and the department's copy of the uniform citation or the official notice of conviction attached thereto.

(c) (1) Except as provided in paragraph (2) of this subsection or in subsection (e) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person has received notice that his or her driver's license has been revoked as provided in subsection (b) of this Code section, if such person has not thereafter obtained a valid driver's license. Any person declared to be a habitual violator and whose driver's license has been revoked under this Code section and who is thereafter convicted of operating a motor vehicle before the department has issued such person a driver's license or before the expiration of five years from such revocation, whichever occurs first, shall be punished by a fine of not less than $750.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. Any person declared to be a habitual violator and whose driver's license has been revoked and who is convicted of operating a motor vehicle after the expiration of five years from such revocation but before the department has issued such person a driver's license shall be guilty of a misdemeanor.

(2) Any person declared to be a habitual violator as a result of three or more convictions of violations of Code Section 40-6-391 within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, and who is thereafter convicted of operating a motor vehicle during such period of revocation, prior to the issuance of a probationary license under subsection (e) of this Code section or before the expiration of five years, shall be guilty of the felony of habitual impaired driving and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both."
SECTION 5-22.
Said Title 40 is further amended by striking subparagraph (e)(1)(C) of said Code Section 40-5-58, and inserting in its place a new subparagraph to read as follows:

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"(C) Such person has successfully completed, prior to the issuance of the probationary driver's license, a defensive driving course or a DUI Alcohol or Drug Use Risk Reduction Program as designated by the department;".

SECTION 5-23.

Said Title 40 is further amended by striking subsection (a) of Code Section 405-61, relating to surrender and return of licenses, and inserting in its place a new subsection to read as follows:

"(a) The department, upon canceling, suspending, or revoking a license, shall require that such license shall be surrendered to the department and be processed in accordance with the rules and regulations of the department."

SECTION 5-24.

Said Title 40 is further amended by striking subsection (a) of Code Section 405-63, relating to periods of suspension, and inserting in its place a new subsection to read as follows:

"(a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391, unless the driver's license has been previously suspended pursuant to Code Sections 405-67.1 and 40-5-67.2, shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions; provided, however, that any person convicted of a drug related offense pursuant to Code Section 40-6-391 shall be governed by the suspension requirements of Code Section 40-5-75:

(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for 12 months. At the end of 120 days, the person may apply to the department for reinstatement of said driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 405-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Motor Vehicle Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A driver's license suspended as a result of a

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SECTION 5-34.

Said Title 40 is further amended by striking Code Section 40-5-69, relating to effect of physical surrender of suspended license, and inserting in its place a new Code Section to read as follows:

"40-5-69.

If a person's driver's license is suspended by operation of law as provided in Code Section 40-5-63, 40-5-67.1, or 40-5-67.2, the fact that the person's driver's license was not physically surrendered to the law enforcement officer at the time the person was charged with violating Code Section 40-6391 or that the person's driver's license was not retained by the court and forwarded to the department as provided in Code Section 40-5-67 or that the person's driver's license was not forwarded as provided in Code Section 40-5-72 shall not affect such suspension."

SECTION 5-35.

Said Title 40 is further amended by striking subsection (a) of Code Section 405-71, relating to cancellation of insurance, and inserting in its place a new subsection to read as follows:

"(a) (1) In cases in which the minimum motor vehicle insurance required by Chapter 34 of Title 33 is canceled within 180 days of the effective date of the policy of insurance, the insurer, within 15 days after the date on which the policy cannot be reinstated to maintain coverage continuously in force, shall notifY the department in the form specified by the department of such cancellation and the reason for such cancellation. For the purposes of aiding in the enforcement of the requirement of minimum motor vehicle insurance, insurers shall furnish any insurance coverage information deemed necessary by the department or other appropriate law enforcement agencies. The commissioner of motor vehicle safety shall notifY the Commissioner of Insurance quarterly of any and all notices of cancellation sent to the Department of Motor Vehicle Safety by any insurer in violation of the regulation of the Department of Motor Vehicle Safety defining a cancellation and the Commissioner of Insurance may take appropriate action against such insurer, including, but not limited to, suspension or revocation of an agent's license, civil or criminal prosecution, monetary penalties, or any other sanction the Commissioner of Insurance is authorized by law to impose. No insurer shall utilize the costs of any audit or examination conducted by the Insurance Department pursuant to this paragraph as a cost of business in the insurer's rate base.

(2) The Department of Motor Vehicle Safety shall, by regulation, define cancellation for the purposes of insurers sending the notices required by this Code section and the department's definition shall in no way be construed as modifYing the provisions of Code Section 33-2445.

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conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 21 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered a conviction, and the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the department and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection;

(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the department for reinstatement of said driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Motor Vehicle Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 406-391 and all prior accepted pleas of nolo contendere within five years, as

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measured from the dates of previous arrests for which conVIctwns were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or

(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and said license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions."

SECTION 5-25.

Said Title 40 is further amended by striking subsections (e) and (f) of said Code Section 40-5-63 and inserting in their place new subsections to read as follows:

"(e) The driver's license of any person under 21 years of age who is convicted of unlawful possession of alcoholic beverages in violation of Code Section 3-3-23 while operating a motor vehicle may be suspended for a period of not less than 120 days. At the end of 120 days, the person may apply to the department for reinstatement of said driver's license. Such license shall be reinstated only if the person submits proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program prescribed by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the driver's license of such person shall not be suspended, provided that such person completes a DUI Alcohol or Drug Use Risk Reduction Program within 120 days after sentencing.

(f) The driver's license of any person who is convicted of attempting to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23 upon the first conviction shall be suspended for a period of six months and upon the second or subsequent conviction shall be suspended for a period of one year. At the end of the period of suspension, the person may apply to the department for reinstatement of his or

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her driver's license. Such license shall be reinstated upon payment of a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the driver's license of such person shall not be suspended."
SECTION 5-26.

Said Title 40 is further amended by striking Code Section 40-5-63.1, relating to substance abuse evaluation and treatment programs, and inserting in its place a new Code section to read as follows:
"40-5-63.1.
In addition to any and all other conditions of license reinstatement, issuance, or restoration under Code Section 40-5-58, 40-5-62, or 40-5-63, any person with two or more convictions of violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be required to undergo a clinical evaluation and, if indicated by such evaluation, must complete a substance abuse treatment program, provided that such evaluation and treatment shall be at such person's expense except as otherwise provided by Code Section 37-7-120. Acceptable proof of completion of such a program must be submitted to the department prior to license reinstatement, issuance, or restoration. Any person who is otherwise eligible for license reinstatement at the end of 120 days under paragraph (2) of subsection (a) of Code Section 40-5-63 and who has enrolled in but not completed a substance abuse treatment program may, at the end of such 120 day period, apply for a limited driving permit. Proof of such enrollment must be submitted with the application for a limited driving permit. For purposes of this Code section, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions."
SECTION 5-27.
Said Title 40 is further amended by striking subsection (i) of Code Section 405-64, relating to limited driving permits, and inserting in its place a new subsection to read as follows:
"(i) Rules and regulations. The commissioner may promulgate such rules and regulations as are necessary to implement this Code section."

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SECTION 5-28.

Said Title 40 is further amended by striking Code Section 40-5-67, relating to seizure of licenses in certain circumstances, and inserting in its place a new Code section to read as follows:

"40-5-67.

(a) Whenever any resident or nonresident person is charged with violating Code Section 40-6-391, the law enforcement officer shall take the driver's license of the person so charged. The driver's license shall be attached to the court's copy of the uniform traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense. A copy of the uniform traffic citation and complaint form shall be forwarded, within ten days of issue, to the department. Taking the driver's license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17.

(b) At the time the law enforcement officer takes the driver's license, the officer shall issue a temporary driving permit to the person as follows:

(1) If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 30 day temporary driving permit;

(2) If the driver's license is required to be suspended under Code Section 40-5-67.1, the officer shall issue a 30 day temporary driving permit; or

(3) If the test or tests administered pursuant to Code Section 40-5-55 indicate an alcohol concentration in violation of Code Section 40-6-391 but less than the level for an administrative suspension of the license under subsection (c) of Code Section 40-5-67.1, the officer shall issue a 180 day temporary driving permit.

This temporary driving permit shall be valid for the stated period or until the person's driving privilege is suspended or revoked under any provision of this title. The department, at its sole discretion, may delay the expiration date of the temporary driving permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the temporary permit may be delayed.

(c) (1) If the person is convicted of violating or enters a plea of nolo contendere to a charge of violating Code Section 40-6-391, the court shall, within ten days, forward the person's driver's license and the record of

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the disposition of the case to the department. At this time, the court shall also require the person to surrender the temporary driving permit issued pursuant to subsection (b) of this Code section.

(2) If the person is not convicted of violating and does not enter a plea of nolo contendere to a charge of violating Code Section 40-6-391, and the court is in possession of the driver's license, the court shall return the driver's license to the person unless the license is in suspension for any other offense, in which case the court shall forward the license to the department for disposition."
SECTION 5-29.

Said Title 40 is further amended by striking subsection (d) of Code Section 405-67.1, relating to implied consent testing, and inserting in its place a new subsection to read as follows:
"(d) If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given; but the law enforcement officer shall report the refusal to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident which resulted in serious injuries or fatalities and that the person had refused to submit to the test upon the request of the law enforcement officer, the department shall suspend the person's driver's license, permit, or nonresident operating privilege for a period of one year or if the person was operating or in actual physical control of a commercial motor vehicle, the department shall disqualifY the person from operating a commercial motor vehicle and shall suspend the person's driver's license, permit, or nonresident operating privilege, subject to review as provided for in this chapter."

SECTION 5-30.

Said Title 40 is further amended by striking paragraph (1) of subsection (f) of said Code Section 40-5-67.1 and inserting in its place a new paragraph to read as follows:
"(1) The law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualifY the license of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the

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time at which such a test indicates that suspension or disqualification is required under this Code section. The law enforcement officer shall take possession of any driver's license or permit held by any person whose license is subject to suspension pursuant to subsection (c) or (d) of this Code section, if any, and shall issue a 30 day temporary permit. The officer shall forward the person's driver's license to the department along with the notice of intent to suspend or disqualifY and the sworn report required by subsection (c) or (d) of this Code section within ten calendar days after the date of the arrest of such person. This paragraph shall not apply to any person issued a 180 day temporary permit pursuant to subsection (b) of Code Section 40-5-67. The failure of the officer to transmit the sworn report required by this Code section within ten calendar days shall not prevent the department from accepting such report and utilizing it in the suspension of a driver's license as provided in this Code section."

SECTION 5-31.

Said Title 40 is further amended by striking paragraph (4) of subsection (g) of said Code Section 40-5-67.1 and inserting in its place a new paragraph to read as follows:

"(4) In the event the person is acquitted of a violation of Code Section 40-6-391 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated and deleted from the driver's license record. An accepted plea of nolo contendere shall be entered on the driver's license record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 40-6-391. In the event of an acquittal or other disposition other than by a conviction or plea of nolo contendere, the driver's license restoration fee shall be promptly returned by the department to the licensee."

SECTION 5-32.

Said Title 40 is further amended by striking the introductory language of subsection (i) of said Code Section 40-5-67.1 and inserting in its place new language to read as follows:

"Subject to the limitations of this subsection, any law enforcement officer who attends a hearing provided for by subsection (g) of this Code section for the purpose of giving testimony relative to the subject of such hearing shall be compensated in the amount of $20.00 for each day's attendance at such hearing. In the event a law enforcement officer gives testimony at two or more different hearings on the same day, such officer shall receive only $20.00 for attendance at all hearings. The compensation provided for in this subsection shall not be paid to any law enforcement officer who is on regular duty or who is on a lunch or other break from regular duty at the

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time the officer attends any such hearing. The compensation provided for by this subsection shall be paid to the law enforcement officer by the department from department funds at such time and in such manner as the commissioner shall provide by rules or regulations. The commissioner shall also require verification of a law enforcement officer's qualifying to receive the payment authorized by this subsection by requiring the completion of an appropriate document in substantially the following form:".
SECTION 5-33.

Said Title 40 is further amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 40-5-67.2, relating to licensing suspensions involving implied consent testing, and inserting in their place new paragraphs to read as follows:
"(1) Upon the first suspension pursuant to subsection (c) of Code Section 40-5-67.1 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one year. Not sooner than 30 days following the effective date of suspension, the person may apply to the department for reinstatement of his or her driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail. A driver's license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee.

(2) Upon the second suspension pursuant to subsection (c) of Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. Not sooner than 120 days following the effective date of suspension, the person may apply to the department for reinstatement of the person's driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail. A driver's license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee."

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SECTION 5-34.

Said Title 40 is further amended by striking Code Section 40-5-69, relating to effect of physical surrender of suspended license, and inserting in its place a new Code Section to read as follows:

"40-5-69.

If a person's driver's license is suspended by operation of law as provided in Code Section 40-5-63, 40-5-67.1, or 40-5-67.2, the fact that the person's driver's license was not physically surrendered to the law enforcement officer at the time the person was charged with violating Code Section 40-6391 or that the person's driver's license was not retained by the court and forwarded to the department as provided in Code Section 40-5-67 or that the person's driver's license was not forwarded as provided in Code Section 40-5-72 shall not affect such suspension."

SECTION 5-35.

Said Title 40 is further amended by striking subsection (a) of Code Section 405-71, relating to cancellation of insurance, and inserting in its place a new subsection to read as follows:

"(a) (1) In cases in which the minimum motor vehicle insurance required by Chapter 34 of Title 33 is canceled within 180 days of the effective date of the policy of insurance, the insurer, within 15 days after the date on which the policy cannot be reinstated to maintain coverage continuously in force, shall notify the department in the form specified by the department of such cancellation and the reason for such cancellation. For the purposes of aiding in the enforcement of the requirement of minimum motor vehicle insurance, insurers shall furnish any insurance coverage information deemed necessary by the department or other appropriate law enforcement agencies. The commissioner of motor vehicle safety shall notify the Commissioner of Insurance quarterly of any and all notices of cancellation sent to the Department of Motor Vehicle Safety by any insurer in violation of the regulation of the Department of Motor Vehicle Safety defining a cancellation and the Commissioner of Insurance may take appropriate action against such insurer, including, but not limited to, suspension or revocation of an agent's license, civil or criminal prosecution, monetary penalties, or any other sanction the Commissioner of Insurance is authorized by law to impose. No insurer shall utilize the costs of any audit or examination conducted by the Insurance Department pursuant to this paragraph as a cost of business in the insurer's rate base.

(2) The Department of Motor Vehicle Safety shall, by regulation, define cancellation for the purposes of insurers sending the notices required by this Code section and the department's definition shall in no way be construed as modifying the provisions of Code Section 33-24-45.

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(3) Notwithstanding the provisions of paragraph (1) of this subsection, any irregularities in the notice to the Department of Motor Vehicle Safety required by paragraph ( 1) of this subsection shall not invalidate an otherwise valid cancellation."

SECTION 5-36.

Said Title 40 is further amended by striking subsection (d) of said Code Section 40-5-71 and inserting in its place a new subsection to read as follows:

"(d) A person whose driver's license has been suspended pursuant to Code Section 40-5-70, 40-5-54.1, or this Code section or as a result of a conviction under Code Section 40-6-10 may apply to the department for a restricted driving permit as provided in this Code section. A person whose driver's license was surrendered may apply to the department for a restricted driving permit immediately following the conviction or suspension."

SECTION 5-37.

Said Title 40 is further amended by striking subparagraph (f) (2) (F) of said Code Section 40-5-71 and inserting in its place a new subparagraph to read as follows:

"(F) Such other conditions as the department may require."

SECTION 5-38.

Said Title 40 is further amended by striking subsection (b) of Code Section 405-72, relating to surrender of suspended licenses, and inserting in its place a new subsection to read as follows:

"(b) If such driver's license and, where applicable, license tag and tag registration are not received by the department within ten days following the effective date of suspension, the commissioner shall immediately direct any peace officer to secure possession of the driver's license and, where applicable, license tag and tag registration and return the same to the department. The person whose driver's license and, where applicable, license tag and tag registration have been suspended shall surrender such items to any peace officer upon demand."

SECTION 5-39.

Said Title 40 is further amended by striking subsections (a), (b), and (c) of Code Section 40-5-75, relating to license suspension for certain drug and alcohol violations, and inserting in their place new subsections to read as follows:

"(a) The driver's license of any person convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any

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moving vehicle while under the influence of such a substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or U) of Code Section 16-13-30, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391; or the law of any other jurisdiction shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:

(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for not less than 180 days. At the end of 180 days, the person may apply to the department for reinstatement of his or her driver's license. Such license shall be reinstated only if the person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays to the Department of Motor Vehicle Safety a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of any drug related offense listed in this subsection shall, except as provided in subsection (c) of this Code section, constitute a conviction;

(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that after one year from the date of the conviction the person may apply to the department for reinstatement of his or her driver's license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and paying to the Department of Motor Vehicle Safety a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; and

(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person's license shall be suspended for a period of five years. At the end of two years, the person may apply to the department for a three-year driving permit upon compliance with the following conditions:

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(A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preceding the application for such permit;

(B) Such person submits proof of completion of a licensed drug treatment program. Such proof shall be submitted within two years of the license suspension and prior to the issuance of the permit. Such licensed drug treatment program shall be paid for by the offender. The offender must pay a permit fee of $25.00 to the department;

(C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and

(D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:
(i) Going to his or her place of employment or performing the normal duties of his or her occupation;

(ii) Receiving scheduled medical care or obtaining prescription drugs;

(iii) Attending a college or school at which he or she is regularly enrolled as a student; or

(iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner.

(b) Whenever a person is convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or U) of Code Section 16-13-30, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 4().6..391; or the law of any other jurisdiction, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the department within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of such person's conviction for the offense resulting in such suspension; provided, however, that, effective July 1, 1994, if, at the time of conviction of any offense listed in subsection (a) of this Code sec-

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tion, the person does not have a driver's license or the person's driver's license has been previously suspended, the periods of suspension specified by this Code section shall not commence until the person applies for the issuance or reinstatement of a driver's license.

(c) (1) The decision to accept a plea of nolo contendere to a misdemeanor charge of unlawful possession of less than one ounce of marijuana shall be at the sole discretion of the judge. If a plea of nolo contendere is accepted as provided in this subsection, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete a DUI Alcohol or Drug Use Risk Reduction Program. The order shall stipulate that the defendant shall complete such program within 120 days and that the defendant shall submit evidence of such completion to the department. The judge shall also notify the defendant that, if he or she fails to complete such program by the date specified in the court's order, his or her driver's license shall be suspended, by operation of law, as provided in this Code section. The record of the disposition of the case shall be forwarded to the department.
(2) If a plea of nolo contendere is accepted and the defendant's driver's license has not been suspended under any other provision of this title and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, the court shall, subject to paragraph (1) of this subsection, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the department."
SECTION 5-40.

Said Title 40 is further amended by striking Code Section 40-5-80, relating to purposes of the "Georgia Driver Improvement Act," and inserting in its place a new Code section to read as follows:

"40-5-80.

The purpose of this article, the 'Georgia Driver Improvement Act,' is to improve and promote greater safety upon the highways and streets of this state; to improve the attitude and driving habits of drivers who accumulate traffic accident and motor vehicle conviction records; and to provide uniform DUI Alcohol or Drug Use Risk Reduction Programs for the rehabilitation of persons identified as reckless or negligent drivers and frequent violators. In carrying out this purpose, the Department of Motor Vehicle Safety and the Department of Human Resources, as applicable, shall:

( 1) Charge a fee for the consideration of applications for approval of driver improvement clinics and instructors. The amount of this fee shall be established by the commissioner of motor vehicle safety and shall, as best as the commissioner shall determine, approximate the expense in-

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curred by the Department of Motor Vehicle Safety in consideration of an application. These licenses shall be valid for a period of two years unless suspended or revoked prior to the expiration of that time period; and
(2) Require, in addition to the criteria for approval of driver improvement clinics established by the commissioner of motor vehicle safety and DUI Alcohol or Drug Use Risk Reduction Programs established by the Department of Human Resources, as provided in subsections (a) and (e) of Code Section 40-5-83, respectively, that every driver improvement clinic and DUI Alcohol or Drug Use Risk Reduction Program shall, as a condition of approval, provide a continuous surety company bond for the protection of the contractual rights of students in such form as will meet with the approval of the Department of Motor Vehicle Safety or the Department of Human Resources, as applicable, and written by a company authorized to do business in this state. The principal sum of the bond shall be established by the commissioner of motor vehicle safety or the Board of Human Resources, as applicable; however, in no event shall this amount be less than $2,500.00. If at any time said bond is not valid and in force, the license of the clinic or program shall be deemed suspended by operation of law until a valid surety company bond is again in force."
SECTION 5-41.
Said Title 40 is further amended by striking subsection (c) of Code Section 405-81, relating to optional program nature, and inserting in its place a new subsection to read as follows:
"(c) It shall be unlawful for the owner, agent, servant, or employee of any driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program licensed by the Department of Motor Vehicle Safety or the Department of Human Resources to directly or indirectly solicit business by personal solicitation on public property, by phone or mail. A violation of this subsection shall be a misdemeanor. Advertising in any mass media, including, but not limited to, newspapers, radio, television, magazines, or telephone directories by a driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program shall not be considered a violation of this subsection."
SECTION 5-42.
Said Title 40 is further amended by striking subsections (a) and (d) of Code Section 40-5-82, relating to administration of the driver improvement program, and inserting in their respective places new subsections to read as follows:
"(a) The Driver Improvement Program created by this article shall be administered by the commissioner of motor vehicle safety. The commissioner is authorized to promulgate and adopt rules and regulations necessary to carry out this article."

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"(d) All DUI Alcohol or Drug Use Risk Reduction Program records including, but not limited to, assessment results and other components attended shall be confidential and shall not be released without the written consent of the DUI offender, except that such records shall be made available to the Department of Human Resources and the Department of Motor Vehicle Safety."

SECTION 5-43.
Said Title 40 is further amended by striking subsections (a), (b), and (c) of Code Section 40-5-83, relating to clinics and programs, and inserting in their place new subsections to read as follows:

"(a)(1) The commissioner of motor vehicle safety shall establish criteria for the approval of driver improvement clinics. To be approved, a clinic shall provide and operate a defensive driving course, an advanced defensive driving course, or a professional defensive driving course or any combination thereof. Clinics shall be composed of uniform education and training programs designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, duration of courses, qualifications of instructors, fees, attendance requirements for students, and examinations. Approved clinics may charge a fee of not more than $60.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college.
(2) The commissioner may issue a special license to the instructor of any commercial driver training school authorizing such instructor to teach a defensive driving course, advanced defensive driving course, or professional defensive driving course of a driver improvement clinic provided pursuant to this Code section if such instructor is qualified to teach a teen-age driver education course which consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training and such instructor certifies to the commissioner that he or she has provided at least 250 hours of behind-the-wheel training in a teen-age driver education course.

(b) (1) The commissioner shall be authorized to accept certificates of completion from all defensive driving, driving under the influence, and alcohol and drug programs, clinics, and courses approved by any other state, the District of Columbia, and territories and possessions of the United States, including military reservations, whereby driver improvement

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clinics, programs, and courses shall be approved for use by residents of this state, other states, the District of Columbia, and territories and possessions of the United States.
(2) Driver improvement clinics, programs, and courses outside of the State of Georgia shall not be required to comply with the provisions of subsection (a) of this Code section.
(c) The commissioner shall be authorized to issue a special license to the instructor of any driver improvement clinic who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2142. A driver improvement clinic shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. The commissioner shall be authorized to issue a special license to the instructor of any commercial driver training school to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142 who is qualified to teach a teen-age driver education course, which course consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training. The alcohol and drug program may be included in the 30 hours of classroom training as part of a curriculum approved by the department. Any fee authorized by law for such a drug and alcohol course may be included in the tuition charge for a teen-age driver education course."
SECTION 5-44.
Said Title 40 is further amended by striking Code Section 40-5-88, relating to administrative penalties, and inserting in its place a new Code section to read as follows:
"40-5-88.
As an alternative to criminal or other civil enforcement, the commissioner of motor vehicle safety or the commissioner of human resources, whichever is applicable, in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever that commissioner, after a hearing, determines that any person, firm, or corporation has violated any provisions of this article or any regulations or orders promulgated under this article. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of either the commissioner of motor vehicle safety or the commissioner of human resources shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code sec-

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tion shall be paid into the state treasury. The commissioner of motor vehicle safety or the commissioner of human resources, as appropriate, may file, in the superior court ( 1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of such commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to such commissioner with respect to any violation of this article or any order, rules, or regulations promulgated pursuant to this article."

SECTION 5-45.

Said Title 40 is further amended by striking the introductory language of subsection (a) of Code Section 40-5-100, relating to issuance of identification cards, and inserting in its place new language to read as follows:

"The department shall issue personal identification cards to all residents as defined in Code Section 40-5-1 who make application to the department in accordance with rules and regulations prescribed by the commissioner. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers' licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses and may contain a recent color photograph of the applicant and include the following information:".

SECTION 5-46.

Said Title 40 is further amended by striking subsection (b) of said Code Section 40-5-100, and inserting in its place a new subsection to read as follows:

"(b) The identification card shall be valid for four years and shall bear the signatures of the commissioner and the Governor and shall bear an identification card number which shall not be the same as the social security number, unless the person specifically requests that the social security number be used, or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section."

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SECTION 5-47.

Said Title 40 is further amended by striking Code Section 40-5-101, relating to rules and regulations, and inserting in its place a new Code section to read as follows:
"40-5-101.

The commissioner shall promulgate rules and regulations under which this article shall be implemented and administered."
SECTION 5-48.

Said Title 40 is further amended by striking subsection (b) of Code Section 405-103, relating to fees for identification cards, and inserting in its place a new subsection to read as follows:

"(b) The department shall collect a fee of $5.00 for the identification card for all persons who are referred by a nonprofit organization which organization has entered into an agreement with the department whereby such organization verifies that the individual applying for such identification card is indigent. The department shall enter into such agreements and shall adopt rules and regulations to govern such agreements."
SECTION 5-49.

Said Title 40 is further amended by striking paragraph (1) of subsection (b) of Code Section 40-5-121, relating to driving with a suspended or revoked license, and inserting in its place a new paragraph to read as follows:

"(1) The charge of driving with a suspended or disqualified license shall not be made where the suspension is a result of a failure to respond under Code Section 40-5-56 or an insurance cancellation unless the arresting officer has verified a service date and such date is placed on the uniform citation. If the suspension or disqualification is verified and the driver possesses a driver's license, the license shall be confiscated and mailed to the department. If the suspension or disqualification is not verified, the arresting officer shall serve the driver and attach the driver's license, if available, to the copy of service and send it to the department."

SECTION 5-50.
Said Title 40 is further amended by striking Code Section 40-5-125, relating to crimes of falsification, and inserting in its place a new Code section to read as follows:

"40-5-125.

It is a misdemeanor for any person to:

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(1) Display, cause or permit to be displayed, or have in his or her possession any fictitious, fraudulent, or altered driver's license or identification card;

(2) Use a false or fictitious name or provide any other false information in any application for a driver's license or identification card;

(3) Procure, secure, or assist another person in the procuring or securing of a fraudulent driver's license or identification card;

(4) Alter any driver's license or identification card such that the information on the license is false or fictitious;

(5) Sell or deliver any false, fictitious, or altered driver's license or identification card;

(6) Lend his or her driver's license or identification card to any other person or permit knowingly the use thereof by another person;

(7) Display or represent as his or her own any driver's license or identification card not issued to him or her; or

(8) Conceal a material fact in any application for a driver's license or identification card.

Any employee of the department who knowingly violates and is convicted of violating this Code section shall also be guilty of the offense of violating his or her public position and, upon conviction, shall be punished as for such separate and additional violation."

SECTION 5-51.

Said Title 40 is further amended by striking paragraph (7) of Code Section 405-142, relating to definitions applicable to commercial drivers' licenses, and inserting in its place a new paragraph to read as follows:

"(7) 'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property:

(A) If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as determined by federal regulation;

(B) If the vehicle is designed to transport 16 or more passengers, including the driver; or

(C) If the vehicle is transporting hazardous materials and is required to be placarded in accordance with the Motor Carrier Safety Rules prescribed by the United States Department of Transportation, Title 49 C.F.R. Part 172, subpart F;

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provided, however, that for the purposes of this article, no agricultural vehicle, military vehicle operated by military personnel, recreational vehicle, or fire-fighting or emergency equipment vehicle shall be considered a commercial vehicle. As used in this paragraph, the term 'agricultural vehicle' means a farm vehicle which is controlled and operated by a farmer; used to transport agricultural products, farm machinery, or farm supplies to or from a farm; and operated within 150 miles of such person's farm; which vehicle is not used in the operations of a common or contract carrier. Any other waiver by the Federal Highway Administration pursuant to Federal Law 49 C.F.R. Parts 383, 391, RIN 2125-AB 68, of the United States Department of Transportation shall supersede state law in authorizing the Department of Motor Vehicle Safety to exempt said classes."

SECTION 5-52.

Said Title 40 is further amended by striking subsection (a) of Code Section 405-144, relating to notices required of commercial drivers, and inserting in its place a new subsection to read as follows:

"(a) Any driver of a commercial motor vehicle holding a license issued by this state who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in any other state or any federal, provincial, territorial, or municipal laws of Canada relating to motor vehicle traffic control, other than parking violations, shall notify the department in the manner specified by the department within 30 days of the date of conviction. If the court notifies the department of such conviction, the responsibility of the driver to notify the department shall be waived."

SECTION 5-53.

Said Title 40 is further amended by striking subsections (a) and (b) of Code Section 40-5-147, relating to requirements for issuance of licenses and permits, and inserting in their place new subsections to read as follows:

"(a) (1) Except as provided in Code Section 40-5-148, no person may be issued a commercial driver's license unless that person is a resident of this state, is at least 18 years of age, has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulations enumerated in 49 C.F.R. Part 383, subparts G and H, and has satisfied all other requirements of the Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99570, in addition to any other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the department in English only.

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(2) The department may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution or a department, agency, or instrumentality of a local government, to administer the skills test specified by this Code section, provided that:
(A) The test is the same which would otherwise be administered by the state;
(B) The third party has entered into an agreement with the state which complies with the requirements set forth in 49 C.F.R. Part 383.75; and
(C) The third party complies with all other requirements set by the department by regulations.
(b) The department may waive the skills test specified in this Code section for a commercial driver's license applicant who meets the requirements of 49 C.F.R. Part 383.77."
SECTION 5-54.
Said Title 40 is further amended by striking Code Section 40-5-148, relating to nonresident commercial drivers' licenses, and inserting in its place a new Code section to read as follows:
"40-5-148.
The department may issue a nonresident commercial driver's license to a resident of a foreign jurisdiction if the United States Secretary of Transportation has determined that the commercial motor vehicle testing and licensing standards of the foreign jurisdiction do not meet the testing standards established in 49 C.F.R. Part 383. The word 'nonresident' must appear on the face of the nonresident commercial driver's license. An applicant must surrender any nonresident commercial driver's license issued by another state. Prior to issuing a nonresident commercial driver's license, the department must establish the practical capability of revoking, suspending, and canceling the nonresident commercial driver's license and disqualifying that person from driving a commercial motor vehicle under the same conditions applicable to the commercial driver's license issued to a resident of this state."
SECTION 5-55.
Said Title 40 is further amended by striking subsection (a) of Code Section 405-148.1, relating to restricted commercial licenses for agriculture, and inserting in its place a new subsection to read as follows:

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"(a) Pursuant to a waiver of the United States Secretary of Transportation, issued April 17, 1992, the department is authorized to issue Class B or Class C restricted commercial drivers' licenses to certain persons employed in the agricultural industry. Such restricted licenses shall be issued annually but shall not be valid for more than a total of 180 days in a 12 month period."

SECTION 5-56.

Said Title 40 is further amended by striking paragraph (8) of subsection (a) of Code Section 40-5-149, relating to commercial drivers' license applications, and inserting in its place a new paragraph to read as follows:

"(8) Any other information required by the department; and".

SECTION 5-57.

Said Title 40 is further amended by striking paragraph (5) of subsection (a) of Code Section 40-5-150, relating to contents of commercial drivers' licenses, and inserting in its place a new paragraph to read as follows:
"(5) The person's social security number if such person has requested the use of such social security number on such license or another number or identifier deemed appropriate by the department;".
SECTION 5-58.
Said Title 40 is further amended by striking subsections (e) and (f) of said Code Section 40-5-150 and inserting in their place new subsections to read as follows:

"(e) Before issuing a commercial driver's license, the department shall obtain driving record information through the Commercial Driver License Information System, through the National Driver Register (NDR), and from each state in which the applicant has been licensed within the past five years.

(f) Within ten days after issuing a commercial driver's license, the department shall notify the Commercial Driver License Information System of that fact and provide all information required to ensure identification of the licensee."

SECTION 5-59.

Said Title 40 is further amended by striking subsections (d) through (h) of Code Section 40-5-151, relating to disqualification from commercial driving, and inserting in their place new subsections to read as follows:
"(d) The department may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (c) of this Code section may be reduced to a period of not less than ten years.

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(e) Any person is disqualified from driving a commercial motor vehicle for life who knowingly uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance.
(f) Any person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of two serious traffic violations or 120 days if convicted of three serious traffic violations committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period as measured from the dates of arrests for which convictions were obtained.
(g) (1) Any person is disqualified from driving a commercial motor vehicle based on the following violations of out-of-service orders:

(A) First violation - a driver who is convicted of a first violation of an out-of-service order is disqualified for a period of not less than 90 days and not more than one year;

(B) Second violation -a driver who is convicted of two violations of outof-service orders in separate incidents is disqualified for a period of not less than one year and not more than five years; and

(C) Third or subsequent violation - a driver who is convicted of three or more violations of out-of-service orders in separate incidents is disqualified for a period of not less than three years and not more than five years.

(2) Whenever the operator of a commercial motor vehicle is issued an out-of-service order, a copy of such order shall be issued to the operator of the commercial motor vehicle, the operator of the commercial motor vehicle's employer, and a copy or notice of such out-of-service order shall be provided to the department. The form of such out-of-service order, the procedures for notifying the department upon the issuance of such an order, and other matters relative to the issuance of out-of-service orders and violations thereof shall be provided in rules and regulations promulgated by the commissioner.
(h) Mter suspending, revoking, or canceling a commercial driver's license, the department shall update its records to reflect that action within ten days. Mter suspending, revoking, or canceling a nonresident commercial driver's privileges, the department shall notify the licensing authority of the state which issued the commercial driver's license within ten days."

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SECTION 5-60.

Said Title 40 is further amended by striking subsections (d) and (e) of Code Section 40-5-153, relating to implied consent for testing, and inserting in their place new subsections to read as follows:

"(d) If the person refuses testing, the law enforcement officer must submit an affidavit to the department within ten days of such refusal certifYing that the test was requested pursuant to subsection (a) of this Code section and that the person refused to submit to testing.

(e) Upon receipt of the affidavit submitted by a law enforcement officer under subsection (d) of this Code section, the department must disqualify the driver from driving a commercial motor vehicle for a period of one year as provided under Code Section 40-5-151 and, if the driver refused testing, from operating a private motor vehicle as provided under Code Section 40-567.1. If the driver is in possession of a driver's license, the officer shall take possession of the license and attach it to the affidavit."

SECTION 5-61.

Said Title 40 is further amended by striking Code Section 40-5-154, relating to notice of conviction to licensing states, and inserting in its place a new Code section to read as follows:

"40-5-154.

Within ten days after receiving a report of the conviction of any nonresident holder of a commercial driver's license for any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the department shall notify the licensing state of such conviction."

SECTION 5-62.

Said Title 40 is further amended by striking Code Section 40-5-155, relating to access to commercial drivers' license information, and inserting in its place a new Code section to read as follows:

"40-5-155.

Notwithstanding any other provision of law to the contrary, the department shall furnish full information regarding the driving record of any person to:

(1) The driver's license administrator of any other state or of any province or territory of Canada requesting that information;

(2) Any employer or prospective employer upon the request of such employer and the payment of a fee of not more than $10.00; and

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(3) Insurers upon request and payment of a fee of not more than $10.00."

SECTION 5-63.

Said Title 40 is further amended by striking Code Section 40-5-156, relating to rules applicable to commercial drivers' licenses, and inserting in its place a new Code section to read as follows:

"40-5-156.

The commissioner may adopt any rules and regulations necessary to carry out the provisions of this article."

SECTION 5-64.

Said Title 40 is further amended by striking Code Section 40-5-157, relating to agreements relating to commercial drivers' licenses, and inserting in its place a new Code section to read as follows:

"40-5-157.

The commissioner or his or her designee may enter into or make agreements, arrangements, or declarations to carry out the provisions of this article."

SECTION 5-65.

Said Title 40 is further amended by striking subsections (b) and (c) of Code Section 40-5-159, relating to violations involving commercial driving, and inserting in their place new subsections to read as follows:

"(b) Any employer who reports fraudulent information to the department regarding an employee's employment or experience as required under 49 C.F.R. Part 383 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00.

(c) Any person who drives a commercial motor vehicle while in violation of the provisions mandated under Code Section 40-5-146 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00. The department shall suspend the commercial driver's license or commercial driving privilege of such driver for a period of six months."

SECTION 5-66.

Said Title 40 is further amended by striking Code Section 40-5-171, relating to identification cards for persons with disabilities, and inserting in its place a new Code section to read as follows:

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"40-5-171.

(a) The deparunent shall issue personal identification cards to persons with disabilities who make application to the department in accordance with rules and regulations prescribed by the commissioner. The identification card for persons with disabilities shall prominently display the international handicapped symbol and, in addition to any other information required by this article, may contain a recent color photograph of the applicant and the following information:

(1) Full legal name;

(2) Address of residence;

(3) Birth date;

(4) Date identification card was issued;

(5) Date identification card expires;

(6) Sex;

(7) Height;

(8) Weight;

(9) Eye color;

(10) Location where the identification card was issued; (11) Signature of person identified or facsimile thereof;

(12) Fingerprint of person identified; and

(13) Such other information as required by the deparunent.

(b) The identification card for persons with disabilities shall bear the signatures of the commissioner and the Governor and shall bear an identification card number which shall not be the same as the applicant's social security number, unless the person specifically requests that the social security number be used, or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section."

SECTION 5-67.

Said Title 40 is further amended by striking Code Section 40-5-176, relating to rules applicable to identification cards for persons with disabilities, and inserting in its place a new Code section to read as follows:

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"40-5-176.

The commissioner shall promulgate rules and regulations under which this article shall be implemented."

PART V-A

SECTION 5A-l.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-6-12, relating to repeated violation of proof of insurance requirements, and inserting in its place a new Code section to read as follows:

"40-6-12.

(a) Any person convicted of a second or subsequent violation of Code Section 40-6-10 within a five-year period, as measured from date of arrest to date of arrest, shall be required to file with the Department of Motor Vehicle Safety and maintain for a period of three years from the date of conviction proof of financial responsibility, as such term is defined in paragraph (5) of Code Section 40-9-2, in addition to any other punishment.

(b) If the proof of financial responsibility filed in accordance with subsection (a) of this Code section is based upon a policy issued by an insurance company, such insurer may not cancel the policy until the Department of Motor Vehicle Safety is given at least 30 days' prior written notice of such cancellation."

SECTION 5A-2.

Said Title 40 is further amended by striking paragraph (1) of Code Section 406-221, relating to definitions applicable to parking for persons with disabilities, and inserting in its place a new paragraph to read as follows:

"(1) 'Counterfeit' means any copy of any kind of parking permit for persons with disabilities which is not authorized by and does not carry the official seal of the Department of Motor Vehicle Safety."

SECTION 5A-3.

Said Title 40 is further amended by striking subsection (a) of Code Section 406-222, relating to parking permits for persons with disabilities, and inserting in its place a new subsection to read as follows:

"(a) The Department of Motor Vehicle Safety shall issue parking permits for persons with disabilities at every place where it issues drivers' licenses. The department shall also receive applications for and issue parking permits for persons with disabilities by mail and may by regulation require such proof of disability or incapacity as may be necessary to issue such permits by mail.

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Permits shall be in such form as the department prescribes but shall be of sufficient size and sufficiently distinctively marked to be easily visible when placed on or affixed to the dashboard or hung from the rearview mirror of the parked vehicle. Permits shall be issued to individuals, and the name of the individual shall appear on the permit. The individual to whom a permit is issued may use the permit for any vehicle he or she is operating or in which he or she is a passenger. Permits shall also be issued to institutions when the primary purpose of a vehicle operated by the institution is to transport individuals with disabilities. The name of the institution and the license number of the particular vehicle shall appear on the permit. The institution may use such permit only for a vehicle which is operated by the institution and which is used primarily to transport individuals with disabilities."

SECTION 5A-4.
Said Title 40 is further amended by striking Code Section 40-6-223, relating to fees for parking permits for persons with disabilities, and inserting in its place a new Code section to read as follows:
"40-6-223.

The Department of Motor Vehicle Safety shall not charge or collect any fee for issuing parking permits for persons with disabilities under this part."
SECTION 5A-5.

Said Title 40 is further amended by striking Code Section 40-6-277, relating to reports of fatal accidents, and inserting in its place a new Code section to read as follows:
"40-6-277.

Every sheriff shall, on or before the tenth day of each month, report in writing to the Department of Motor Vehicle Safety the death of any person within his or her jurisdiction during the preceding calendar month as the result of a traffic accident known to him or her, giving the time and place of the accident ana the circumstances relating thereto."
SECTION 5A-6.
Said Title 40 is further amended by striking Code Section 40-6-278, relating to uniform accident reporting, and inserting in its place a new Code section to read as follows:
"40-6-278.
The commissioner of motor vehicle safety shall prescribe, by rule, uniform motor vehicle accident reports and reporting procedures which shall be used by all police officers, whether state, county, or municipal. The rules

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shall be adopted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The rules may require one type of report and reporting procedure for motor vehicle accidents in which property damage alone is involved and another type of report and reporting procedure for motor vehicle accidents involving personal injury or death. The commissioner may, by rule, require additional investigation or reports in case of serious bodily injury or death."

SECTION 5A-7.

Said Title 40 is further amended by striking subsection (a) of Code Section 406-296, relating to bicycle safety equipment, and inserting in its place a new subsection to read as follows:

"(a) Every bicycle when in use at nighttime shall be equipped with a light on the front which shall emit a white light visible from a distance of 300 feet to the front and with a red reflector on the rear of a type approved by the Department of Motor Vehicle Safety which shall be visible from a distance of 300 feet to the rear when directly in front of lawful upper beams of headlights on a motor vehicle. A light emitting a red light visible from a distance of 300 feet to the rear may be used in addition to the red reflector."

SECTION 5A-8.

Said Title 40 is further amended by striking Code Sections 40-6-315 and 40-6316, relating to head and eye protection for motorcycle operators and passengers and rules and regulations, and inserting in their place new Code sections to read as follows:

"40-6-315.

(a) No person shall operate or ride upon a motorcycle unless he or she is wearing protective headgear which complies with standards established by the commissioner of motor vehicle safety.

(b) No person shall operate or ride upon a motorcycle if the motorcycle is not equipped with a windshield unless he or she is wearing an eye-protective device of a type approved by the commissioner of motor vehicle safety.

(c) This Code section shall not apply to persons riding within an enclosed cab or motorized cart. This Code section shall not apply to a person operating a three-wheeled motorcycle used only for agricultural purposes.

(d) The commissioner of motor vehicle safety is authorized to approve or disapprove protective headgear and eye-protective devices required in this Code section and to issue and enforce regulations establishing standards and specifications for the approval thereof. The commissioner shall publish lists of all protective headgear and eye-protective devices by name and type which have been approved by it.

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40-6-316.
The commissioner of motor vehicles safety is authorized to promulgate rules and regulations to carry this part into effect and to establish regulations for safety standards for the operation of motorcycles."

SECTION 5A-9.

Said Title 40 is further amended by striking Code Section 40-6-330, relating to operation of motorized carts, and inserting in its place a new Code section to read as follows:
"40-6-330.
Motorized carts may be operated on streets only during daylight hours unless they comply with the equipment regulations promulgated by the commissioner of motor vehicle safety."
SECTION 5A-10.
Said Title 40 is further amended by striking Code Section 40-6-352, relating to protective headgear for operation of mopeds, and inserting in its place a new Code section to read as follows:

"40-6-352.

(a) No person shall operate or ride as a passenger upon a moped unless he or she is wearing protective headgear which complies with standards established by the commissioner of motor vehicle safety. The commissioner in determining such standards shall consider the size, speed, and operational characteristics of the moped. Such standards need not necessarily be the same as for motorcyclists; however, any moped operator wearing an approved motorcycle helmet shall be deemed in compliance with this subsection. Operators of electric assisted bicycles may wear a properly fitted and fastened bicycle helmet which meets the standards of the American National Standards Institute or the Snell Memorial Foundation's Standards for Protective Headgear for Use in Bicycling, rather than a motorcycle helmet.

(b) The commissioner of motor vehicle safety is authorized to approve or disapprove protective headgear for moped operators and to issue and enforce regulations establishing standards and specifications for the approval thereof. He or she shall publish lists by name and type of all protective headgear which have been approved by him or her."
SECTION 5A-11.
Said Title 40 is further amended by striking Code Section 40-6-354, relating to rules for operation of mopeds, and inserting in its place a new Code section to read as follows:

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"40-6-354.

The commissioner of motor vehicle safety is authorized to promulgate rules and regulations to carry this part into effect and is authorized to establish regulations for safety equipment or standards for the operation of mopeds."

SECTION 5A-12.

Said Title 40 is further amended by striking Code Section 40-6-391.1, relating to pleas of nolo contendere in driving under the influence cases, and inserting in its place a new Code section to read as follows:

"40-6-391.1.

(a) The decision to accept a plea of nolo contendere to a charge of violating Code Section 40-6-391 shall be at the sole discretion of the judge but, if such plea is accepted, the penalties provided for in subsection (c) of Code Section 40-6-391 shall be imposed; provided, however, that no such plea of nolo contendere shall be accepted if the person charged with violating Code Section 40-6-391 had an alcohol concentration of more than 0.15 at any time within three hours after driving or being in control of any moving vehicle from alcohol consumed before such driving or being in control ended.

(b) If the defendant has not been convicted of or had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years and if the plea of nolo contendere shall be used as provided in paragraph (1) of subsection (a) of Code Section 40-5-63, no such plea shall be accepted unless, at a minimum, the following conditions are met:

(1) The defendant has filed a verified petition with the court requesting that such plea be accepted and setting forth the facts and special circumstances necessary to enable the judge to determine that accepting such plea is in the best interest of justice; and

(2) The judge has reviewed the defendant's driving records that are on file with the Department of Motor Vehicle Safety.

(c) The judge, as part of the record of the disposition of the charge, shall set forth, under seal of the court, his or her reasons for accepting the plea of nolo contendere.

(d) The record of the disposition of the case, including the ruling required in subsection (c) of this Code section, shall be forwarded to the Department of Motor Vehicle Safety within ten days after disposition.

(e) If a plea of nolo contendere is accepted under the conditions set forth in subsection (b) of this Code section, the defendant's driver's license shall be forwarded to the Department of Motor Vehicle Safety as provided in subsection (c) of Code Section 40-5-67."

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PART V-B
SECTION 5B-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-8-2, relating to safety rules for certain motor vehicles, and inserting in its place a new Code section to read as follows:
"40-8-2.

In addition to the requirements of this article, the commissioner of motor vehicle safety, as to the motor vehicles within the jurisdiction of the Department of Motor Vehicle Safety, shall have the authority to promulgate rules designed to promote safety pursuant to the provisions of Chapter 16 of this title and Chapter 7 of Title 46. Any such rules promulgated or deemed necessary by the commissioner shall include the following: every motor unit and all parts thereof shall be maintained in a safe condition at all times. The lights, brakes, and equipment shall meet such safety requirements as the commissioner shall promulgate from time to time."
SECTION 5B-2.
Said Title 40 is further amended by striking Code Section 40-8-9, relating to required displays on certain trucks, and inserting in its place a new Code section to read as follows:

"40-8-9.
It shall be unlawful to operate in this state any truck or truck tractor having an owner declared gross weight of 43,000 or more pounds which does not comply with the name display requirements of this Code section. Each such truck or truck tractor shall have displayed on each side thereof the name and principal place of domicile of the registered owner or, if the truck or truck tractor is operating under a lease arrangement, the name and principal place of domicile of the lessee, except that trucks and truck tractors operating pursuant to authority granted by the commissioner of motor vehicle safety under Chapter 7 of Title 46 or the federal Interstate Commerce Commission shall display the name of the holder of such authority and such other information as may be required by those authorities. The display shall be in sharp color contrast to the background and shall be of such size, color, and shape as to be readily legible during daylight hours from a distance of 50 feet while the vehicle is not in motion; and such display shall be maintained in a manner so as to remain so legible. This Code section shall not prohibit the display of additional information which does not interfere with the legibility of the display required by this Code section."

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SECTION 5B-3.

Said Title 40 is further amended by striking subsection (d) of Code Section 408-73.1, relating to tinting of vehicle windows, and inserting in its place a new subsection to read as follows:

"(d) The Department of Motor Vehicle Safety may, upon application from a person required for medical reasons to be shielded from the direct rays of the sun and only if such application is supported by written attestation of such fact from a person licensed to practice medicine under Chapter 34 of Title 43, issue an exemption from the provisions of this Code section for any motor vehicle owned by such person or in which such person is a habitual passenger. The exemption shall be issued with such conditions and limitations as may be prescribed by the Department of Motor Vehicle Safety."

SECTION 5B-4.

Said Title 40 is further amended by striking paragraphs (2) and (3) of subsection (e) of Code Section 40-8-76.1, relating to seat belt use requirements, and inserting in their place new paragraphs to read as follows:

"(2) A person failing to comply with the requirements of subsection (b) of this Code section shall be guilty of the offense of failure to wear a seat safety belt and, upon conviction thereof, may be fined not more than $15.00; but, the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. The court imposing such fine shall forward a record of the disposition of the case of failure to wear a seat safety belt to the Department of Motor Vehicle Safety.

(3) Each minor over four years of age who is an occupant of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. In any case where a minor passenger over four years of age fails to comply with the requirements of this paragraph, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a seat safety belt on a minor and, upon conviction thereof, may be fined not more than $25.00. The court imposing such a fine shall forward a record of the court disposition of the case of failure to secure a seat safety belt on a minor to the Department of Motor Vehicle Safety."

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SECTION 5B-5.

Said Title 40 is further amended by striking subsections (a) and (d) of Code Section 40-8-78, relating to safety glazing for motor vehicles, and inserting in their respective places new subsections to read as follows:

"(a) No person shall sell any motor vehicle manufactured after January 1, 1954, nor shall any such motor vehicle be registered unless such vehicle is equipped with safety glazing materials of a type approved by the commissioner of motor vehicle safety wherever glazing materials are used in doors, windows, and windshields. The provisions of this Code section shall apply to all passenger-type motor vehicles, including passenger buses and school buses, but in respect to trucks, including truck tractors, the requirements as to safety glazing materials shall apply to all glazing materials used in doors, windows, and windshields in the drivers' compartments of such vehicles."
"(d) The commissioner of motor vehicle safety shall compile and publish a list of types of glazing materials by name approved by him or her as meeting the requirements of this Code section and the commissioner shall not register any motor vehicle which is subject to the provisions of this Code section unless it is equipped with an approved type of safety glazing materials, and he or she shall thereafter suspend the registration of any motor vehicle so subject to this Code section which he or she finds is not so equipped until it is made to conform to the requirements of this Code section."
SECTION 5B-6.

Said Title 40 is further amended by striking subsections (a) through (c) of Code Section 40-8-92, relating to permits for flashing or revolving lights on motor vehicles, and inserting in their place new subsections to read as follows:
"(a) All emergency vehicles shall be designated as such by the commissioner of motor vehicle safety. The commissioner 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 one year from the date of issuance; provided, however, that permits for vehicles belonging to federal, state, county, or municipal governmental agencies 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.
(b) The commissioner shall authorize the use of red or amber flashing or revolving lights only when the person or governmental agency shall demonstrate to the commissioner a proven need for equipping a vehicle with emer-

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gency lights. The fee for such lights shall be $2.00, provided that no federal, state, county, or municipal governmental agency shall be required to pay such fee.

(c) Nothing contained in this Code section shall prohibit the commissioner from issuing a single special use permit to cover more than one vehicle, provided each vehicle covered under such special use permit shall pay the fee specified in subsection (b) of this Code section."

SECTION 5B-7.

Said Title 40 is further amended by striking Code Section 40-8-95, relating to rules relating to use of flashing or revolving lights on vehicles, and inserting in its place a new Code section to read as follows:

"40-8-95.

The commissioner of motor vehicle safety shall implement any and all provisions of Code Sections 40-8-90, 40-8-92, and 40-8-93 by the promulgation of necessary rules and regulations."

SECTION 5B-8.

Said Title 40 is further amended by striking subsections (a) and (f) of Code Section 40-8-220, relating to school bus safety inspections, and inserting in their respective places new subsections to read as follows:

"(a) Every school bus which is defined by paragraph (55) of Code Section 40-1-1 which is owned or operated by a state, county, or municipal government or under contract by any independent school system shall be inspected annually, or more frequently at the discretion of the commissioner of motor vehicle safety, under the supervision of an employee of the Department of Motor Vehicle Safety."

"(f) The commissioner of motor vehicle safety is authorized to implement any and all provisions of this Code section by the promulgation of necessary rules and regulations. When duly promulgated and adopted, all rules and regulations issued pursuant to this Code section shall have the force of law."

PART VI SECTION 6-1.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking paragraphs (2) and (3) of Code Section 40-9-2, relating to definitions applicable to financial responsibility for motor vehicle accidents, and inserting in their place new paragraphs to read as follows:

"(2) 'Commissioner' means the commissioner of motor vehicle safety.

(3) 'Department' means the Department of Motor Vehicle Safety."

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SECTION 6-2.
Said Title 40 is further amended by striking subsection (a) of Code Section 409-3, relating to administration of laws relating to financial responsibility and motor vehicle accidents, and inserting in its place a new subsection to read as follows:

"(a) The commissioner shall administer and enforce this chapter and is authorized to adopt and enforce rules and regulations necessary for its administration. The commissioner shall prescribe and provide suitable forms requisite or deemed necessary for the purposes of this chapter, except that the form for accident reports shall be prescribed by the commissioner of public safety."

SECTION 6-3.
Said Title 40 is further amended by striking Code Section 40-9-31, relating to submission of accident reports, and inserting in its place a new Code section to read as follows:
"40-9-31.

Each state and local law enforcement agency shall submit to the Department of Public Safety and the Department of Motor Vehicle Safety the original document of any accident report prepared by such law enforcement agency or submitted to such agency by a member of the public. A law enforcement agency may transmit the information contained on the accident report form by electronic means, provided that the department has first given approval to the reporting agency for the electronic reporting method utilized. The law enforcement agency shall retain a copy of each accident report. All such reports shall be submitted to the department not more than 15 days following the end of the month in which such report was prepared or received by such law enforcement agency."

PART VII
SECTION 7-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Chapter 11, relating to abandoned and improperly identified vehicles, and inserting in its place a new chapter to read as follows:

"CHAPTER 11 ARTICLE 1
40-11-1.
As used in this article, the term:

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(1) 'Abandoned motor vehicle' means a motor vehicle or trailer:

(A) Which has been left by the owner or some person acting for the owner with an automobile dealer, repairman, or wrecker service for repair or for some other reason and has not been called for by such owner or other person within a period of 30 days after the time agreed upon; or within 30 days after such vehicle is turned over to such dealer, repairman, or wrecker service when no time is agreed upon; or within 30 days after the completion of necessary repairs;

(B) Which is left unattended on a public street, road, or highway or other public property for a period of at least five days and when it reasonably appears to a law enforcement officer that the individual who left such motor vehicle unattended does not intend to return and remove such motor vehicle. However, on the state highway system, any law enforcement officer or employee of the Department of Motor Vehicle Safety to whom enforcement authority has been designated pursuant to Code Section 32-6-29 may authorize the immediate removal of vehicles posing a threat to public health or safety or to mitigate congestion;

(C) Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than 30 days without anyone's having made claim thereto;

(D) Which has been lawfully towed onto the property of another at the request of a property owner on whose property the vehicle was abandoned and left there for a period of not less than 30 days without the owner's having made claim thereto; or

(E) Which has been left unattended on private property for a period of not less than 30 days without anyone's having made claim thereto.

(2) 'Motor vehicle' or 'vehicle' means motor vehicle or trailer.

(3) 'Owner' means the owner, lessor, lessee, security interest holders, and all lienholders as shown on the records of the Department of Motor Vehicle Safety.

40-11-2.

(a) Any person who removes a motor vehicle from public property at the request of a law enforcement officer or stores such vehicle shall, if the owner of the vehicle or some person acting for the owner is not present, seek the identity of and address of the last known registered owner of such vehicle, the owner of the vehicle as recorded on the title of such vehicle, and any security interest holder or lienholder from the law enforcement officer requesting removal of such or from such officer's agency within 72 hours of

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removal. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours after receipt of such request.
(b) Any person who removes a motor vehicle from private property at the request of the property owner or stores such vehicle shall, if the owner of the vehicle or some person acting for the owner is not present, notify in writing a local law enforcement agency of the location of the vehicle, the manufacturer's vehicle identification number, license number, model, year, and make of the vehicle within 72 hours of the removal of such vehicle and shall seek from the local law enforcement agency the identity and address of the last known registered owner of such vehicle, the owner of the vehicle as recorded on the title, and any security interest holder or lienholder and any information indicating that such vehicle is a stolen motor vehicle. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours after receipt of such request.

(c) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined to be a stolen motor vehicle, the local law enforcement officer or agency shall notify the Georgia Crime Information Center of the location of such motor vehicle within 72 hours after receiving notice that such motor vehicle is a stolen vehicle.
(d) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined not to be a stolen vehicle or is not a vehicle being repaired by a repair facility or is not being stored by an insurance company providing insurance to cover damages to the vehicle, the person removing or storing such motor vehicle shall, within seven calendar days of the day such motor vehicle was removed, notify the owner and any security interest holder or lienholder, if known, by certified or registered mail of the location of such motor vehicle, the fees connected with removal and storage of such motor vehicle, and the fact that such motor vehicle will be deemed abandoned under this chapter unless the owner, security interest holder, or lienholder redeems such motor vehicle within 30 days of the day such vehicle was removed.

(e) If the owner, security interest holder, or lienholder fails to redeem such motor vehicle as described in subsection (d) of this Code section, or if avehicle being repaired by a repair facility or being stored by an insurance company providing insurance to cover damages to the vehicle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an abandoned motor vehicle, give notice in writing, by sworn statement, on the form prescribed by the commissioner, to the Department of Motor Vehicle Safety with a research fee of $2.00 payable to the Department of Motor Vehicle Safety, stating the manufacturer's vehicle identification number, the license number,

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the fact that such vehicle is an abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If the form submitted to the Department of Motor Vehicle Safety is rejected because of inaccurate or missing information, the person removing or storing the vehicle shall resubmit, within seven calendar days of the date of the rejection, a corrected notice form to the Department of Motor Vehicle Safety together with an additional research fee of $2.00 payable to the Department of Motor Vehicle Safety. Each subsequent corrected notice, if required, shall be submitted with an additional research fee of $2.00 payable to the Department of Motor Vehicle Safety. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, such person shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle.
(f) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle shall, within five calendar days, by certified or registered mail, notifY the owner, lessors, lessees, security interest holders, and lienholders of the vehicle of the location of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(g) If the identity of the owner of such motor vehicle cannot be ascertained, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its license and manufacturer's vehicle identification numbers, the location from where such vehicle was initially removed, the present location of such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.

(h) The Department of Motor Vehicle Safety shall provide to the Georgia Crime Information Center all relevant information from sworn statements described in subsection (e) of this Code section for a determination of whether the vehicles removed have been entered into the criminal justice information system as stolen vehicles. The results of the determination shall be provided electronically to the Department of Motor Vehicle Safety.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(i) Any person storing a vehicle under the provisions of this Code section shall notify the Department of Motor Vehicle Safety if the vehicle is recovered, is claimed by the owner, is determined to be stolen, or for any reason is no longer an abandoned motor vehicle. Such notice shall be provided within seven calendar days of such event.
(j) If vehicle information on the abandoned motor vehicle is not in the files of the Department of Motor Vehicle Safety, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vehicle.

(k) Any person who does not provide the notice and information required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, shall not be entitled to any storage fees, shall not be eligible to contract with or serve on a rotation list providing wrecker services for this state or any political subdivision thereof, and shall not be licensed by any municipal authority to provide removal of improperly parked cars under Code Section 44-1-13.

(I) Any person who knowingly provides false or misleading information when providing any notice or information as required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.
40-11-3.

(a) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property for a period of at least five days shall be authorized to cause such motor vehicle to be removed to a garage or other place of safety, if such peace officer reasonably believes that the person who left such motor vehicle unattended does not intend to return and remove such motor vehicle.
(b) Any law enforcement officer or employee of the Department of Motor Vehicle Safety to whom law enforcement authority has been designated pursuant to Code Section 32-6-29 who finds a motor vehicle which has been left unattended on the state highway system shall be authorized to cause such motor vehicle to be removed immediately to a garage or other place of safety when such motor vehicle poses a threat to public health or safety or to mitigate congestion. Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property, other than the state highway system, shall be authorized immediately to cause such motor vehicle to be removed immediately to a garage or other place of safety when such motor vehicle poses a threat to public health or safety or to mitigate congestion.

GEORGIA LAWS 2000 SESSION

1029

(c) Any peace officer who, under this Code section, causes any motor vehicle to be removed to a garage or other place of safety shall be liable for gross negligence only.

(d) (1) Any peace officer or the law enforcement agency which causes a motor vehicle to be removed to a garage or other place of safety or which is notified of the removal of a motor vehicle from private property shall within 72 hours from the time of removal or notice and if the owner is unknown attempt to determine vehicle ownership through official inquiries to the Department of Motor Vehicle Safety vehicle registration and vehicle title files. These inquiries shall be made from authorized criminal justice information system network terminals.

(2) If the name and address of the last known registered owner of the motor vehicle is obtained from the Georgia Crime Information Center, the peace officer who causes the motor vehicle to be removed shall, within three calendar days, make available to the person removing such motor vehicle the name and address of the last known registered owner of such motor vehicle, the owner of the motor vehicle as recorded on the title of such vehicle, and all security interest holders or lienholders. If such information is not available, the peace officer shall, within three calendar days, notify the person removing or storing such vehicle of such fact.

(3) Law enforcement agencies shall make record entries in Georgia criminal justice information system files through authorized criminal justice information system network terminals after an unsuccessful attempt to obtain vehicle ownership information and shall remove the record entries when ownership is determined.

40-11-3.1.

(a) It shall be the duty of any peace officer who discovers a motor vehicle which has been left unattended on a public street, road, or highway or other public property to immediately perform an unattended vehicle check on such motor vehicle, unless there is displayed on such motor vehicle an unattended vehicle check card indicating that another peace officer has already performed such an unattended vehicle check. For purposes of this Code section, an unattended vehicle check shall consist of such actions as are reasonably necessary to determine that the unattended vehicle does not contain an injured or incapacitated person and to determine that the unattended vehicle does not pose a threat to public health or safety.

(b) A peace officer completing an unattended vehicle check shall complete and attach to the vehicle an unattended vehicle check card. Unattended vehicle check cards shall be in such form, and shall be attached to vehicles in such manner, as may be specified by rule or regulation of the Department of Public Safety; and to the extent that sufficient funds are available to the

1030

GENERAL ACTS AND RESOLUTIONS, VOL. I

department, the department may distribute such forms free of charge to law enforcement agencies in this state. Unattended vehicle check cards shall be serially numbered; shall be of a distinctive color and shape, so as to be readily visible to passing motorists; and shall contain spaces for the investigating police officer to indicate the location of the vehicle, the date and time of the completion of the unattended vehicle check, and the name of such peace officer's law enforcement agency. A detachable stub, which shall be filed with the investigating peace officer's law enforcement agency, shall bear the same serial number and shall contain the same information, together with the identity of the investigating peace officer and the license plate number and other pertinent identifying information relating to the abandoned vehicle.
(c) Nothing in the Code section shall limit the otherwise applicable authority of a peace officer to have an unattended motor vehicle removed to a garage or other place of safety.
(d) It shall be unlawful for any person other than a peace officer to attach a genuine or counterfeit unattended motor vehicle check card to a motor vehicle; and any person convicted of violating this subsection shall be guilty of a misdemeanor.
40-11-4.
(a) Any person who removes or stores any motor vehicle which is or becomes an abandoned motor vehicle shall have a lien on such vehicle for the reasonable fees connected with such removal or storage plus the cost of any notification or advertisement. Such lien shall exist if the person moving or storing such vehicle is in compliance with Code Section 40-11-2.
(b) The lien acquired under subsection (a) of this Code section may be foreclosed in any court which is competent to hear civil cases, including, but not limited to, magistrate courts. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts.
40-11-5.
All liens acquired under Code Section 40-11-4 shall be foreclosed as follows:
(1) Any proceeding to foreclose a lien on an abandoned motor vehicle must be instituted within one year from the time the lien is recorded or is asserted by retention;
(2) The person desiring to foreclose a lien on an abandoned motor vehicle shall, by certified or registered mail, make a demand upon the owner for the payment of the reasonable fees for removal and storage plus the costs of any notification or advertisement. Such written demand shall include an itemized statement of all charges. No such written demand shall

GEORGIA lAWS 2000 SESSION

1031

be required if the identity of the owner cannot be ascertained and the notice requirements of subsection (g) of Code Section 40-11-2 have been complied with;

(3) (A) If, within ten days of delivery to the appropriate address of the written demand required by paragraph (2) of this Code section, the owner of the abandoned motor vehicle fails to respond to such demand or refuses to pay, or if the owner of the abandoned motor vehicle cannot be ascertained, the person removing or storing the abandoned motor vehicle may foreclose such lien. The person asserting such lien may move to foreclose by making an affidavit to a court of competent jurisdiction showing all facts necessary to constitute such lien and the amount claimed to be due. Such affidavit shall aver that the notice requirements of Code Section 40-11-2 have been complied with, and such affidavit shall also aver that a demand for payment has been made and refused or that the identity of the owner cannot be ascertained. The person foreclosing shall verify the statement by oath or affirmation and shall affix his or her signature thereto.

(B) Regardless of the court in which the affidavit required by this paragraph is filed, the fee for filing such affidavit shall be $10.00 per motor vehicle upon which a lien is asserted;

(4) (A) Upon such affidavit's being filed, the lien claimant shall give the clerk or judge of the court the address (if known) of the owner, lessor, lessee, security interest holders, and lienholders of the abandoned vehicle. The clerk or judge of the court shall serve notice upon such owner, lessor, lessee, security interest holders, and lienholders of the abandoned motor vehicle of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists; that such hearing must be petitioned for within ten days after receipt of such notice; and that, if no petition for such hearing is filed within the time allowed, the lien will conclusively be deemed a valid one and foreclosure thereof allowed.

(B) Any notice required by this paragraph shall be by certified mail or, if the owner, lessor, lessee, security interest holder, or lienholder is unknown, by posting such notice at the county courthouse in such place where other public notices are posted;

(5) If a petition for a probable cause hearing is filed within the time allowed, the court shall set such a hearing within ten days of filing of the petltwn. If, at the hearing, the court determines that reasonable cause exists to believe that a valid debt exists, then the person asserting the lien shall retain possession of the motor vehicle or the court shall obtain possession of the motor vehicle, as ordered by the court. The owner-debtor may obtain possession of the motor vehicle by giving bond and security in the amount determined to be probably due and costs of the action;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(6) Within five days of the probable cause hearing, a party defendant must petition the court for a full hearing on the validity of the debt if a further determination of the validity of the debt is desired. If no such petition is filed, the lien for the amount determined reasonably due shall conclusively be deemed a valid one and foreclosure thereof allowed. If such a petition is filed, the court shall set a full hearing thereon within 15 days of the filing of the petition. Upon the filing of such petition by a party defendant, neither the prosecuting lienholder nor the court may sell the motor vehicle, although possession of the motor vehicle may be retained;

(7) If, after a full hearing, the court finds that a valid debt exists, then the court shall authorize foreclosure upon and sale of the motor vehicle subject to the lien to satisfy the debt if such debt is not otherwise immediately paid;

(8) If the court finds the actions of the person asserting the lien in retaining possession of the motor vehicle were not taken in good faith, then the court, in its discretion, may award damages to the owner, any party which has been deprived of the rightful use of the vehicle, or the lessee due to the deprivation of the use of the motor vehicle;
(9) If no petition for a hearing is filed, or if, after a full hearing, the court determines that a valid debt exists, the court shall issue an order authorizing the sale of such motor vehicle. However, the holder of a security interest in or a lien on the vehicle, other than the holder of a lien created by Code Section 40-11-4, shall have the right, in the order of priority of such security interest or lien, to pay the debt and court costs. If the holder of a security interest or lien does so pay the debt and court costs, he or she shall have the right to possession of the vehicle, and his or her security interest in or lien on such vehicle shall be increased by the amount so paid. A court order shall be issued to this effect, and in this instance there shall not be a sale of the vehicle.

40-11-6.

(a) Upon order of the court, the person holding the lien on the abandoned motor vehicle shall be authorized to sell such motor vehicle at public sale, as defined by Code Section 11-1-201.

(b) Mter satisfaction of the lien, the person selling such motor vehicle shall, not later than 30 days after the date of such sale, provide the clerk of the court with a copy of the bill of sale as provided to the purchaser and turn the remaining proceeds of such sale, if any, over to the clerk of the court. Any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.

GEORGIA LAWS 2000 SESSION

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40-11-7.

The purchaser at a sale as authorized in this article shall receive a certified copy of the court order authorizing such sale. Any such purchaser may obtain a certificate of title to such motor vehicle by filing the required application, paying the required fees, and filing a certified copy of the order of the court with the Department of Motor Vehicle Safety. The Department of Motor Vehicle Safety shall then issue a certificate of title, which shall be free and clear of all liens and encumbrances.

40-11-8.

The clerk of the court shall retain the remaining balance of the proceeds of a sale under Code Section 40-11-6, after satisfaction of liens, security interests, and debts, for a period of 12 months; and, if no claim has been filed against such proceeds by the owner of the abandoned motor vehicle or any interested party, then he or she shall pay such remaining balance as follows:

(1) If the abandoned motor vehicle came into the possession of the person creating the lien other than at the request of a peace officer, the proceeds of the sale shall be divided equally and paid into the general fund of the county in which the sale was made and into the general fund of the municipality, if any, in which the sale was made;

(2) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a police officer of a municipality, the proceeds of the sale shall be paid into the general fund of the municipality;

(3) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a county sheriff, deputy sheriff, or county police officer, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made;

(4) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a member of the Georgia State Patrol or other employee of the State of Georgia, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made.

40-11-9.

(a) If a motor vehicle has been left unattended on private property for not less than two days or on public property for not less than three days without the owner or driver making any attempt to recover such vehicle or to leave a conspicuously placed note that such owner or driver intends to return for such vehicle; or, if a conspicuous note was left, if the motor vehicle has been left unattended for not less than five days and if because of damage, vandalism, theft, or fire the vehicle is damaged to the extent that its restora-

1034

GENERAL ACTS AND RESOLUTIONS, VOL. I

tion to an operable condition would require the replacement of one or more major component parts or involves any structural damage that would affect the safety of the vehicle; or if there is evidence that the vehicle was inoperable due to major mechanical breakdown at the time it was left on the property, such as the engine, transmission, or wheels missing, no coolant in the cooling system, no oil in the engine, or burned fluid in the transmission; or if the vehicle is seven or more years old; or if the vehicle is not currently tagged or is not verifiable by the state as to who is the current owner or lienholder of the vehicle; or if the vehicle has been abandoned to a wrecker service by an insurance company and the owner following the insurance company's making a total loss payment, then any person removing such vehicle shall within 72 hours of removing such vehicle obtain the identity of and address of the last known registered owner of the vehicle, the owner of the vehicle as recorded on the certificate of title of such vehicle, and any security interest holder or lienholder on such vehicle from the local law enforcement agency of the jurisdiction in which the vehicle was located. If the law enforcement agency shows no information on the vehicle, then a request for such information shall be sent to the Department of Motor Vehicle Safety. Within 72 hours after obtaining such information, the person removing such vehicle shall, by certified mail, return receipt requested, notify the registered owner, title owner, and security interest holder or lienholder of the vehicle that such vehicle will be declared a derelict vehicle and the title to such vehicle will be canceled by the Department of Motor Vehicle Safety if such person or persons fail to respond within ten days of receipt of such notice. The commissioner of motor vehicle safety shall prescribe the form and content of such notice. If the registered owner, title owner, or security interest holder or lienholder fails to respond within 30 days from the date of such notice by certified mail, and if the vehicle is appraised as having a total value of less than $300.00, the vehicle shall be considered to be a derelict vehicle. The value of the vehicle shall be determined as 50 percent of the wholesale value of a similar car in the rough section of the National Auto Research Black Book, Georgia Edition, or if a similar vehicle is not listed in such book or, regardless of the model year or book value of the vehicle, if the vehicle is completely destroyed by fire, flood, or vandalism or is otherwise damaged to the extent that restoration of the vehicle to a safe operable condition would require replacement of more than 50 percent of its major component parts, the person shall obtain an appraisal of the motor vehicle from the local law enforcement agency's auto theft section with jurisdiction in the county or municipality where such vehicle is located. Any person removing a vehicle shall complete a form, to be provided by the Department of Motor Vehicle Safety, indicating that the vehicle meets at least four of the above-stated eight conditions for being a derelict vehicle and shall file such form with the Department of Motor Vehicle Safety and the law enforcement agency with jurisdiction from which such vehicle was removed.

GEORGIA lAWS 2000 SESSION

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(b) Upon determination that a vehicle is a derelict motor vehicle as provided in subsection (a) of this Code section, it may be disposed of by sale to a person who scraps, dismantles, or demolishes motor vehicles, provided that such vehicle may be sold for scrap or parts only and shall in no event be rebuilt or sold to the general public. Any person disposing of a derelict motor vehicle shall, prior to disposing of such vehicle, photograph such vehicle and retain with such photograph the appraisal required in subsection (a) of this Code section and the notice to the Department of Motor Vehicle Safety required in this subsection for a period of three years after its disposition. Such person shall also notify the Department of Motor Vehicle Safety of the disposition of such vehicle in such manner as may be prescribed by the commissioner of motor vehicle safety. The Department of Motor Vehicle Safety shall cancel the certificate of title for such vehicle and shall not issue a rebuilt or salvage title for such vehicle.

(c) For purposes of this Code section, the term 'derelict vehicle' shall not include a vehicle which does not bear a manufacturer's vehicle identification number plate or a vehicle identification number plate assigned by a state jurisdiction.

(d) Any person who abandons a derelict motor vehicle on public or private property shall be guilty of a misdemeanor and upon conviction shall be fined not more than $500.00 and shall pay all costs of having such derelict motor vehicle removed, stored, and sold as provided for in this Code section. Notwithstanding any other provision of law to the contrary, such fines shall be disposed as follows:

(1) If the abandoned motor vehicle was removed other than at the request of a peace officer, the moneys arising from the fine shall be divided equally and paid into the general fund of the county in which the offense was committed and into the general fund of the municipality, if any, in which the offense was committed;

(2) If the abandoned motor vehicle was removed at the request of a police officer of a municipality, the moneys arising from the fine shall be paid into the general fund of the municipality;

(3) If the abandoned motor vehicle was removed at the request of a county sheriff, deputy sheriff, or county police officer, the moneys arising from the fine shall be paid into the general fund of the county in which the offense was committed; and

(4) If the abandoned motor vehicle was removed at the request of a member of the Georgia State Patrol or other employee of the State of Georgia, the moneys arising from the fine shall be paid into the general fund of the county in which the offense was committed.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(e) Any person removing a derelict motor vehicle who fails to comply with the requirements of this Code section or who knowingly provides false or misleading information when providing any notice or information required by this Code section shall be guilty of a misdemeanor.

(f) Neither the State of Georgia nor any state agency nor the person removing, storing, and processing the vehicle unless recklessly or grossly negligent shall be liable to the owner of a vehicle declared to be a derelict motor vehicle pursuant to this Code section or an abandoned motor vehicle.
ARTICLE 2

40-11-20.

The following items are declared to be contraband and are subject to forfeiture:

(1) Any motor vehicle the manufacturer's vehicle identification number of which has been removed, altered, defaced, falsified, or destroyed; and

(2) Any component part of a motor vehicle the manufacturer's identification number of which has been removed, altered, defaced, falsified, or destroyed.
40-11-21.
Property subject to forfeiture under Code Section 40-11-20 and in the possession of any state or local law enforcement agency shall not be subject to replevin but is deemed to be in the custody of the superior court of the county wherein the property is located subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings.

40-11-22.

The law enforcement agency having possession of any property subject to forfeiture under Code Section 40-11-20 shall report such fact, within ten days of taking possession, to the district attorney of the judicial circuit having jurisdiction in the county where the property is located. Within 30 days from the date he or she receives such notice, the district attorney of the judicial circuit shall file in the superior court of the county in which the property is located an action for condemnation of the property. The proceedings shall be brought in the name of the state, and the action shall be verified by a duly authorized agent of the state in the manner required by law. The action shall describe the property, state its location, state its present custodian, state the name of the owner, if known, to the duly authorized agent of the state, allege the essential elements which are claimed to exist, and shall conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such an action, the court shall promptly cause process to issue to the present custodian in possession of the property described in the action,

GEORGIA LAWS 2000 SESSION

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commanding him or her to seize the property described in the action and to hold that property for further order of the court. A copy of the action shall be served on the owner, if known. If the owner is known, a copy of the action shall also be served upon any person having a duly recorded security interest in or lien upon that property. If the owner is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such property and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself to avoid service. At the expiration of 30 days after such filing, if no claimant has appeared to defend the action, the court shall order the disposition of the seized property as provided for in this Code section. If the owner of the property appears and defends the action and can show that he or she was unaware of the fact that the identification number had been removed, altered, defaced, falsified, or destroyed, the court shall order the property returned to the owner upon the owner's paying proper expenses relating to proceedings for forfeiture, including the expenses of the maintenance of custody, advertising, and court costs and upon the property's being assigned a new identification number as provided in this article.
40-11-23.
Except as otherwise provided in this article, when property is forfeited under this article, the court may:
(1) Order that the property be retained by the law enforcement agency or the county in which the property is located; or
(2) Order that the property be disposed of by sale, the proceeds of which shall be used to pay the proper expenses relating to the proceedings for forfeiture, including the expenses of maintenance of custody, advertising, and court costs, with the remaining funds to be paid into the general fund of the county.

40-11-24.
Prior to the property's being sold or returned to the owner or otherwise disposed of, the Department of Motor Vehicle Safety shall assign it a new identification number."

1038

GENERAL ACTS AND RESOLUTIONS, VOL. I

PART VIlA

SECTION 7A-l.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-13-3, relating to trial and disposition of traffic cases, and inserting in its place a new Code section to read as follows:
"40-13-3.

Except for offenses tried in the superior courts, all other courts having jurisdiction of the offense may proceed with the adjudication of the offenses contained within the complaint without the necessity of filing an indictment or other accusation in order to bring the accused to trial. The judge or clerk of each court before whom a person accused of such an offense is brought shall promptly report the final disposition of the case to the Department of Motor Vehicle Safety. Notwithstanding the reporting requirements of this Code section, the Department of Motor Vehicle Safety may by rule or regulation relieve the judge or clerk of each such court of the responsibility of reporting those offenses which do not result in convictions or adjudications of guilt or pleas of nolo contendere."

SECTION 7A-2.

Said Title 40 is further amended by striking subsections (b) and (c) of Code Section 40-13-32, relating to modification of traffic law judgments, and inserting in their place new subsections to read as follows:
"(b) If the original judgment is changed or modified pursuant to this Code section, the judge shall certify to the Department of Motor Vehicle Safety that such change or modification is a true and correct copy of the change or modification and that the requirements set forth in paragraphs (1) through (3) of subsection (a) of this Code section have been met.

(c) Except for orders correcting clerical errors, the Department of Motor Vehicle Safety shall not recognize as valid any change or modification order nor make any changes to a driver's history unless such change or modification as submitted to the department is in strict compliance with the requirements set forth in subsections (a) and (b) of this Code section."

SECTION 7A-3.

Said Title 40 is further amended by striking subsection (c) of Code Section 4013-33, relating to habeas corpus challenges in traffic cases, and inserting in its place a new subsection to read as follows:

"(c) When the commissioner of motor vehicle safety is named as the respondent, all such petitions must be brought in the Superior Court of Fulton County."

GEORGIA LAWS 2000 SESSION

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SECTION 7A-4.

Said Title 40 is further amended by striking paragraph (1) of subsection (b) of Code Section 40-13-53, relating to release of persons charged with traffic offenses, and inserting in its place a new paragraph to read as follows:

"(1) Any offense for which a driver's license may be suspended by the commissioner of motor vehicle safety;".

SECTION 7A-5.

Said Title 40 is further amended by striking Code Section 40-13-54, relating to disposition of traffic citations, and inserting in its place a new Code section to read as follows:

"40-13-54.

The original citation and complaint shall be sent by the officer issuing it to the traffic violations bureau of the court within 24 hours of the arrest. The defendant named in the citation shall be given the second copy. The officer issuing the citation and complaint shall retain one copy for himself or herself, and the court may, by order, provide that an additional copy shall be made for the use of any municipality in the county or the Department of Motor Vehicle Safety."

PART VIII

SECTION 8-1.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-15-l, relating to definitions applicable to motorcycle safety training, and inserting in its place a new Code section to read as follows:

"40-15-1.

As used in this chapter, the term:

(1) 'Board' means the Board of Motor Vehicle Safety.

(2) 'Commissioner' means the commissioner of motor vehicle safety.

(3) 'Coordinator' means the state-wide motorcycle safety coordinator provided for in Code Section 40-154.

(4) 'Department' means the Department of Motor Vehicle Safety.

(5) 'Motorcycle' means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor and a moped.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(6) 'Operator' means any person who drives or is in actual physical control of a motorcycle.
(7) 'Program' means a motorcycle operator safety training program provided for in Code Section 40-15-2."

PART IX

SECTION 9-1.

Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended in Code Section 46-1-1, relating to definitions, by striking division (9) (C) (ii) and inserting in its place a new division to read as follows:
"(ii) Taxicabs, drays, trucks, buses, and other motor vehicles which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities. This exception shall apply to taxicabs and buses even though such vehicles may, in the prosecution of their regular business, occasionally go beyond the corporate limits of such municipalities, provided that they do not operate to or from fixed termini outside of such limits and to any dray or truck which operates within the corporate limits of a city and is subject to regulation by the governing authority of such city or by the commissioner of motor vehicle safety and which goes beyond the corporate limits only for the purpose of hauling chattels which have been seized under any court process;".
SECTION 9-2.

Said Title 46 is further amended in said Code Section 46-1-1 by striking divisions (x) through (xiv) of subparagraph (9) of paragraph (C) and inserting in their place new divisions to read as follows:

"(x) Motor vehicles engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill, whether such motor vehicle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer. For the purposes of this division, the term 'producer' includes a landlord where the relations of landlord and tenant or landlord and cropper are involved. As used in this division, the term 'agricultural products' includes fruit, livestock, meats, fertilizer, wood, lumber, cotton, and naval stores; household goods and supplies transported to farms for farm purposes; or other usual farm and dairy supplies, including products of grove or orchard; poultry and eggs; fish and oysters; and timber or logs being hauled by the owner thereof or the owner's agents or employees between forest and mill or primary place of manufacture; provided, however, motor

GEORGIA LAWS 2000 SESSION

1041

vehicles with a manufacturer's gross weight rated capacity of 44,000 pounds or more engaged solely in the transportation of unmanufactured forest products shall be subject to the Georgia Forest Products Trucking Rules which shall be adopted and promulgated by the commissioner of motor vehicle safety only for application to such vehicles and vehicles defined in subparagraph (A) of paragraph (13) of this Code section; provided, further, that pulpwood trailers and pole trailers with a manufacturer's gross weight rated capacity of 10,001 pounds or more engaged solely in the transportation of unmanufactured forest products shall have two amber side marker reflectors on each side of the trailer chassis between the rear of the tractor cab and the rearmost support for the load. All such reflectors shall be not less than four inches in diameter. Such rules and any amendments thereto adopted by the commissioner of motor vehicle safety shall be subject to legislative review in accordance with the provisions of Code Section 46-2-30, and, for the purposes of such rules and any amendments thereto, the Senate Committee on Natural Resources and the House Committee on Natural Resources and Environment shall be the appropriate committees within the meaning of said Code Section 46-2-30. The first such rules adopted by the commissioner of motor vehicle safety shall be effective July 1, 1991;

(xi) Motor vehicles engaged in the transportation of unmanufactured agricultural products, dairy products, poultry and processed poultry, nursery stock, sod grass, potting soil, pine bark nuggets, dry fertilizer, flue-cured tobacco, soybean meal, pine bark, wood chips, shavings, sawdust, or feedstuff for livestock and poultry, including feedstuff ingredients, provided that such vehicles do not haul or transport other commodities on the same vehicle at the same time not exempt by law from the regulations of the commissioner of motor vehicle safety; motor vehicles commonly known as tow trucks or wreckers, designed and exclusively used in the business of towing abandoned, disabled, and wrecked vehicles and replacement vehicles therefor or otherwise rendering assistance to abandoned, disabled, and wrecked vehicles; except that any operator of such a vehicle is required to register the exempt operation with the commissioner of motor vehicle safety, register and identify any of its vehicles, and become subject to the commissioner's liability insurance and vehicle and hazardous materials safety rules;

(xii) Motor vehicles engaged in compensated intercorporate hauling whereby transportation of property is provided by a person who is a member of a corporate family for other members of such corporate family, provided:

1042

GENERAL ACTS AND RESOLUTIONS, VOL. I

(I) The parent corporation notifies the commissioner of motor vehicle safety of its intent or the intent of one of the subsidiaries to provide the transportation;
(II) The notice contains a list of participating subsidiaries and an affidavit that the parent corporation owns directly or indirectly a 100 percent interest in each of the subsidiaries;
(III) A copy of the notice is carried in the cab of all vehicles conducting the transportation; and
(IV) The transportation entity of the corporate family registers the compensated intercorporate hauling operation with the commissioner of motor vehicle safety, registers and identifies any of its vehicles, and becomes subject to the commissioner's liability insurance and motor carrier and hazardous materials transportation rules.
For the purpose of this division, the term 'corporate family' means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a 100 percent interest;
(xiii) Vehicles, except limousines, transporting not more than ten persons for hire, except that any operator of such a vehicle is required to register the exempt 10peration with the commissioner of motor vehicle safety, register and identity any of its vehicles, and become subject to the commissioner's liability insurance and vehicle safety rules;
(xiv) Any dump truck or transit mixer vehicle used exclusively in the transportation of sand, gravel, crushed stone, fill dirt, borrow pit materials, plant mix road materials, plant mix concrete, or road base materials; except that any operator of such a vehicle is required to register the exempt operation with the commissioner of motor vehicle safety, register and identity any of its vehicles, and become subject to the commissioner's liability insurance and vehicle and hazardous materials safety rules; or".
SECTION 9-3.
Said Title 46 is further amended in said Code Section 46-1-1 by striking paragraph (11) and inserting in its place a new paragraph to read as follows:
"(11) 'Permit' means a registration permit issued by the commissioner of motor vehicle safety authorizing interstate transportation for hire exempt from the jurisdiction of the Interstate Commerce Commission or intrastate

GEORGIA lAWS 2000 SESSION

1043

transportation for hire exempt from the jurisdiction of the commissioner of motor vehicle safety or intrastate transportation by a motor carrier of property."

SECTION 9-4.

Said Title 46 is further amended by striking Chapter 7, relating to motor carriers, and inserting in its place a new chapter to read as follows:

"CHAPTER 7 ARTICLE 1

46-7-1.

As used in this chapter, the term:

(1) 'Commissioner' means the commissioner of motor vehicle safety.

(2) 'Department' means the Department of Motor Vehicle Safety.

46-7-2.

Unless expressly prohibited by federal law, the commissioner is vested with power to regulate the business of any person engaged in the transportation as a common or contract carrier of persons or property, either or both, for hire by motor vehicle on any public highway of this state.

46-7-3.

No motor common or contract carrier of passengers or household goods shall, except as otherwise provided in this article, operate without first obtaining from the commissioner a certificate of public convenience and necessity, pursuant to findings to the effect that the public interest requires such operation.

46-7-4.

The commissioner may issue the certificate applied for or issue it for the partial exercise of the privilege sought, and may attach to the exercise of the rights granted by such certificate such terms and conditions as, in his or her judgment, the public interest may require.

46-7-5.

(a) The commissioner may, at any time after notice and opportunity to be heard and for reasonable cause, suspend, revoke, alter, or amend any certificate issued under this article, under the 'Motor Carrier Act of 1929,' under the 'Motor Carrier Act of 1931,' or under prior law, if it shall be made to appear that the h9lder of the certificate has willfully violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the commissioner or any of the provisions of this article or any

1044

GENERAL ACTS AND RESOLUTIONS, VOL. I

other law of this state regulating or taxing motor vehicles, or both, or if in the opinion of the commissioner the holder of the certificate is not furnishing adequate service, or if the continuance of said certificate in its original form is incompatible with the public interest.
(b) If and when the commissioner shall undertake to revoke or modify any certificate on account of the public interest on the ground that the traffic conditions are such as not to justify the number of motor carriers which have been granted certificates over the route or routes in question, the preference shall be given to certificates in order of the time of their issuance, so that those which have been issued later in time shall, other things being equal, be canceled rather than those issued earlier in time.
46-7-6.
Any certificate issued pursuant to this article may be transferred or hypothecated upon application to and approval by the commissioner, and not otherwise.
46-7-7.
(a) The commissioner shall issue a certificate of public convenience and necessity to a person authorizing transportation as a motor common or contract carrier of passengers or household goods subject to the jurisdiction of the commissioner if he or she finds that:
(1) The person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with regulations of the commissioner. Fitness encompasses three factors:
(A) The applicant's financial ability to perform the service it seeks to provide;
(B) The applicant's capability and willingness to perform properly and safely the proposed service; and
(C) The applicant's willingness to comply with the laws of Georgia and the rules and regulations of the commissioner; and
(2) Based on evidence presented by the applicant supporting the issuance of the certificate, that the service proposed will serve a useful public purpose and be responsive to a public demand or need.
(b) The initial burden of making out a prima-facie case that an applicant's service is needed and that the applicant is fit to provide such service rests with the applicant.

GEORGIA LAWS 2000 SESSION

1045

(c) Upon an applicant making out a prima-facie case as to the need for the service and the carrier's ability to provide the service, the burden shifts to protestant to show that the authority sought would not be consistent with the public convenience and necessity.

(d) The commissioner shall not consider diversion of revenue or traffic from an existing motor carrier to be grounds for denial of an application.

(e) A protest of a motor carrier of passengers or of household goods to an application will not be considered unless the protesting carrier:

(1) Possesses authority from the commissioner to handle, in whole or in part, the commodity for which authority is applied and is willing and able to provide service that meets the reasonable needs of the shippers involved and has performed service within the scope of the application during the previous 12 month period or has actively in good faith solicited service within the scope of application during such period;

(2) Has pending before the commissioner an application previously filed with the commissioner for substantially the same authority; or

(3) Is granted by the commissioner leave to intervene upon a showing of other interests which in the discretion of the commissioner would warrant such a grant.

(f) The commissioner may issue a certificate of public convenience and necessity without a hearing if the application is unprotested or unopposed.

46-7-8.

The commissioner shall adopt rules prescribing the manner and form in which motor carriers of passengers or household goods shall apply for certificates required by this article. Such rules shall require that the application be in writing, under oath, and that the application:

(1) Contain full information concerning the applicant's financial condition, the equipment proposed to be used, including the size, weight, and capacity of each vehicle to be used, and other physical property of the applicant;

(2) State the complete route or routes over which the applicant desires to operate and the proposed time schedule of the operation;

(3) Set forth all existing transportation in the territory proposed to be served, and wherein the public needs additional service, and why; and

(4) Contain any such other or additional information as the commissioner may order or require.

1046

GENERAL ACTS AND RESOLUTIONS, VOL. I

46-7-9.

The commissioner shall collect the following fees pursuant to this article:
(1) A fee of $75.00 to accompany each application for a certificate of public convenience and necessity, or amendment to an existing certificate, where the applicant owns or operates fewer than six motor vehicles;
(2) A fee of $150.00 to accompany each application for a certificate of public convenience and necessity, or amendment to an existing certificate, where the applicant owns or operates six to 15 motor vehicles;
(3) A fee of $200.00 to accompany each application for a certificate of public convenience and necessity, or amendment to an existing certificate, where the applicant owns or operates more than 15 motor vehicles;
(4) A fee of $75.00 to accompany each application for transfer of a certificate;

(5) A fee of $50.00 to accompany each application for intrastate temporary emergency authority under Code Section 46-7-13; and
(6) A fee of $50.00 to accompany each application for a motor carrier of property permit.
46-7-10.

The commissioner, upon the filing of a petition for a certificate of public convenience and necessity, shall fix a time and place for hearing thereon and shall, at least ten days before the hearing, give notice thereof by advertising the same at the expense of the applicant in a newspaper in Atlanta, in which sheriffs' notices are published. If no protest is filed with the commissioner or if the protest is subsequently withdrawn, the commissioner may issue the certificate without a hearing.
46-7-11.
When a petition for a certificate of public convenience and necessity under this article has been in whole or in part denied by the commissioner, or has been granted by the commissioner, and the order of the commissioner granting same has been quashed or set aside by a court of competent jurisdiction, a new application by the same petitioner or applicant therefor shall not be again considered by the commissioner within three months from the date of the order denying the same or the judgment of the court quashing or setting aside the order.

GEORGIA LAWS 2000 SESSION

1047

46-7-12.

(a) No certificate or permit shall be issued or continued in operation unless the applicant or holder shall give and maintain bond, with adequate security, for the protection, in case of passenger vehicles, of the passengers and baggage carried and of the public against injury proximately caused by the negligence of such motor common or contract carrier, its servants, or its agents. In cases of vehicles transporting freight, the applicant or holder shall give bond, with adequate security, to secure the owner or person entitled to recover therefor against loss or damage to such freight for which the motor common or contract carrier may be legally liable and for the protection of the public against injuries proximately caused by the negligence of such motor carrier, its servants, or its agents.

(b) The commissioner shall approve, determine, and fix the amount of such bonds and shall prescribe the provisions and limitations thereof; and such bonds shall be for the benefit of and subject to action thereon by any person who shall sustain actionable injury or loss protected thereby.

(c) The commissioner may, in his or her discretion, allow the holder of such certificate or permit to file, in lieu of such bond, a policy of indemnity insurance in some indemnity insurance company authorized to do business in this state, which policy must substantially conform to all of the provisions of this article relating to bonds. Such policy must also be approved by the commissioner.

(d) The commissioner shall have power to permit self-insurance, in lieu of a bond or policy of indemnity insurance, whenever in his or her opinion the financial ability of the motor carrier so warrants.

(e) It shall be permissible under this article for any person having a cause of action arising under this article in tort or contract to join in the same action the motor carrier and its surety, in the event a bond is given. If a policy of indemnity insurance is given in lieu of bond, it shall be permissible to join the motor carrier and the insurance carrier in the same action, whether arising in tort or contract.

46-7-13.

Notwithstanding any other provision of law to the contrary, in order to authorize the provision of passenger or household goods service for which there is an immediate and urgent need to a point or points, or within a territory, with respect to which there is no motor common or contract carrier service capable of meeting such need, upon receipt of an application for temporary emergency authority and upon payment of the appropriate fee as fixed by statute, the commissioner, under the authority of this Code section, may, in his or her discretion and without a hearing or other prior proceeding, grant to any person temporary motor carrier authority for such service.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

The order granting such authority shall contain the commissioner's findings supporting his or her determination under the authority of this Code section that there is an unmet immediate and urgent need for such service and shall contain such conditions as the commissioner finds necessary with respect to such authority. Unless otherwise provided in this Code section, such emergency temporary motor carrier authority, unless suspended or revoked for good cause within such period, shall be valid for such time as the commissioner shall specify but not for more than an aggregate of 30 days. Such authority shall in no case be renewed and shall create no presumption that corresponding permanent authority will be granted thereafter, except that, where a motor carrier granted temporary emergency motor carrier authority under the provisions of this Code section makes application during the period of said temporary emergency authority for permanent motor common or contract carrier authority corresponding to that authorized in its temporary emergency authority, the temporary emergency motor carrier authority will be extended to the finalization of the permanent authority application unless sooner suspended or revoked for good cause within the extended period.

46-7-14.

A motor common or contract carrier of passengers may discontinue its entire service on any route upon 30 days' published notice to be prescribed by the commissioner, and thereupon its certificate therefor shall be canceled. A motor common or contract carrier of passengers may discontinue any part of its service on any route upon 30 days' published notice, subject, however, to the right of the commissioner to withdraw its certificate for such route if, in the opinion of the commissioner, such diminished service is not adequate or is no longer compatible with the public interest.

46-7-15.

(a) Except as otherwise provided in this Code section, before any motor common or contract carrier engaged in exempt passenger intrastate commerce as provided for in subparagraph (C) of paragraph (9) of Code Section 46-1-1 shall operate any motor vehicle on or over any public highway of this state, it shall first secure a registration permit from the commissioner by making application therefor on forms supplied by the commissioner and paying a $25.00 filing fee. The application shall show the operations claimed to be exempt. A carrier's registration permit shall be valid so long as there is no change in its operating authority but may be amended to reflect any changes by application to the commissioner on a form provided by the commissioner and payment of a $5.00 filing fee.

(b) Every motor common or contract carrier operating pursuant to a certificate or permit shall annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October

GEORGIA lAWS 2000 SESSION

1049

or, as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the commissioner for the issuance of an annual identification and registration stamp or stamps, make application for the registration of all motor vehicles to be operated under such certificate or permit, in such manner and form as the commissioner may by rule or regulation prescribe, and shall pay to the commissioner a fee of $5.00 for the registration of each vehicle and issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day ofJanuary of the next succeeding year.

(c) Motor carriers operating pursuant to a certificate or permit as provided for in this article may, in lieu of other vehicle registration provisions contained in this Code section, register vehicles operated as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commissioner of a fee of $8.00 for each vehicle so registered. Upon such registration, the commissioner shall issue an emergency, temporary, or trip-lease vehicle registration permit.

(d) Whenever any motor vehicle is operated on or over any public highway of this state without the motor common or contract carrier operating such vehicle first having obtained the annual registration and license or temporary vehicle registration permit provided for in this Code section, the motor common or contract carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration of such vehicle.

(e) No subdivision of this state, including cities, townships, or counties, shall levy any excise, license, or occupation tax of any nature on a motor common or contract carrier, or on the equipment of a motor common or contract carrier, or on the right of a motor common or contract carrier to operate such equipment, or on any incidents of the business <i>f a motor common or contract carrier.

46-7-15.1.

(a) Before any motor carrier of property shall operate any motor vehicle on or over any public highway of this state, it shall first secure a motor carrier of property permit from the commissioner by making application therefor on forms supplied by the commissioner and paying the required filing fee. The application shall be in writing and under oath and shall include such information as the commissioner may require including, but not limited to:

(1) Whether hazardous commodities will be transported;

(2) The number and type of vehicles to be utilized;

(3) The carrier's safety record and safety rating; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(4) Proof of compliance with applicable insurance or self-insurance requirements.
(b) The commissioner shall issue the motor carrier of property permit if the application is complete and the applicant demonstrates compliance with the laws of this state and the rules and regulations of the commissioner regarding insurance and safety, including the handling of hazardous materials. The commissioner may refuse to issue a permit where the applicant has failed to show compliance with the applicable laws of this state and the rules and regulations of the commissioner. In any such instance where a permit is denied, the applicant shall, upon request made within 30 days of the date of denial, be entitled to a hearing to contest such denial of a permit.

(c) The commissioner may, at any time after notice and a hearing, suspend, revoke, alter, or amend any permit issued under this title if it shall appear that the holder of the permit has violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the commissioner, any provisions of this title, or any other law of this state regulating or providing for the taxation of motor vehicles.
(d) In order to provide for the publication and maintenance of just and reasonable joint-line rates, routes, classifications, and mileage guides, the commissioner may establish a collective rate-making procedure for all motor carriers of property who elect to participate.
46-7-16.
(a) Before any motor carrier engaged solely in interstate commerce under authority issued by the Interstate Commerce Commission or any successor agency shall operate any motor vehicle on or over any public highway of this state, it shall obtain from the commissioner or the carrier's designated base state a registration receipt issued pursuant to rules adopted by the Interstate Commerce Commission or any successor agency as determined by federal law.

(b) Before any motor carrier engaged solely in interstate operations exempt from regulation by the Interstate Commerce Commission shall operate any motor vehicle on or over any public highway of this state, it shall first:
(1) Secure a registration permit from the commissioner by making application therefor on forms supplied by the commissioner and paying a $25.00 filing fee. A carrier's registration shall be valid so long as there is no change in its operating authority with regard to its operations in this state, but the registration may be amended to reflect such changes by application to the commissioner on forms supplied by the commission and payment of a $5.00 filing fee;

GEORGIA lAWS 2000 SESSION

1051

(2) Annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October or, as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the commissioner for the issuance of an annual identification and registration stamp or stamps, make application for the registration of all motor vehicles to be operated under such permit, in such manner and form as the commissioner may by rule or regulation prescribe, and shall pay to the commissioner a fee of $5.00 for the registration of each vehicle and issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day of January of the next succeeding year. Notwithstanding any other provision of this Code section, the commissioner is authorized to impose a vehicle identification and registration fee equal to the identification and registration fee charged by any other state, up to a maximum of $25.00, upon vehicles licensed in that state if such state charges equipment licensed in Georgia a vehicle identification and registration fee in excess of $5.00; and

(3) Give the bond or indemnity insurance prescribed by this article, omitting the protection in respect to their own passengers and cargoes.

(c) Motor carriers operating pursuant to a registration permit as provided for in this Code section may, in lieu of all other registration and identification requirements contained in subsection (b) of this Code section, register vehicles operated in Georgia as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commissioner of a fee of $8.00 for each vehicle so registered; and upon such payment, the commissioner shall issue an emergency, temporary, or trip-lease vehicle registration permit.

(d) Where a carrier has not previously qualified with the commissioner to operate in interstate exempt or intrastate commerce in Georgia pursuant to this Code section and thus has not secured a registration permit pursuant to this Code section, the emergency, temporary, or trip-lease vehicle registration permit provided for in subsection (c) of this Code section will also include the authority to operate in Georgia during the 15 day or less period covered by the emergency, temporary, or trip-lease vehicle registration permit, provided that the carrier has otherwise qualified its operations with the commissioner as provided for in this Code section; provided, however, that whenever any motor vehicle is operated on or over any public highway of this state without the motor carrier operating such vehicle first having obtained the annual registration and identification stamp or license or the emergency, temporary, or trip-lease vehicle registration permit provided for

1052

GENERAL ACTS AND RESOLUTIONS, VOL. I

in this Code section, the motor carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration and identification of such vehicle.
(e) Nothing in this Code section shall limit the authority of the commissioner to negotiate reciprocal agreements relating to vehicle identification and registration fees in excess of those provided for under Title 49 USC, Section 302(b)(2), as provided in Code Section 46-7-91.

(f) It shall not be necessary for any motor carrier to obtain a certificate of public convenience from the commissioner when such carrier is engaged solely in interstate commerce over the public highways of this state.
46-7-17.

(a) Each nonresident motor common or contract carrier shall, before any certificate or permit is issued to it under this article or at the time of registering as required by Code Section 46-7-16, designate and maintain in this state an agent or agents upon whom may be served all summonses or other lawful processes in any action or proceeding against such motor carrier growing out of its carrier operations; and service of process upon or acceptance or acknowledgment of such service by any such agent shall have the same legal force and validity as if duly served upon such nonresident carrier personally. Such designation shall be in writing, shall give the name and address of such agent or agents, and shall be filed in the office of the commissioner. Upon failure of any nonresident motor carrier to file such designation with the commissioner or to maintain such an agent in this state at the address given, such nonresident carrier shall be conclusively deemed to have designated the Secretary of State and his or her successors in office as such agent; and service of process upon or acceptance or acknowledgment of such service by the Secretary of State shall have the same legal force and validity as if duly served upon such nonresident carrier personally, provided that notice of such service and a copy of the process are immediately sent by registered or certified mail by the Secretary of State or his or her successor in office to such nonresident carrier, if its address be known. Service of such process upon the Secretary of State shall be made by delivering to his or her office two copies of such process with a fee of $10.00.

(b) Except in those cases where the Constitution of Georgia requires otherwise, any action against any resident or nonresident motor common or contract carrier for damages by reason of any breach of duty, whether contractual or otherwise, or for any violation of this article or of any order, decision, rule, regulation, direction, demand, or other requirement established by the commissioner, may be brought in the county where the cause of action or some part thereof arose; and if the motor common or contract carrier or its agent shall not be found for service in the county where the action is instituted, a second original may issue and service be made in any

GEORGIA LAWS 2000 SESSION

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other county where the service can be made upon the motor common or contract carrier or its agent. The venue prescribed by this Code section shall be cumulative of any other venue provided by law.
46-7-18.
The commissioner shall prescribe just and reasonable rates, fares, and charges for transportation by motor common and contract carriers of passengers and household goods and for all services rendered by motor common and contract carriers in connection therewith. The tariffs therefor shall be in such form and shall be filed and published in such manner and on such notice as the commissioner may prescribe. Such tariffs shall also be subject to change on such notice and in such manner as the commissioner may prescribe. In order to carry out the purposes of this Code section, including the publication and maintenance of just, reasonable, and nondiscriminatory rates and charges, the commissioner shall establish a collective rate-making procedure for all carriers of passengers and household goods. Failure on the part of any motor common or contract carrier to comply with this Code section or the rules and regulations promulgated under this Code section may result in suspension or cancellation of said carrier's operating authority by the commissioner.
46-7-19.
No motor common or contract carrier of passengers or household goods shall charge, demand, collect, or receive a greater or lesser or different compensation for the transportation of passengers and property or for any service rendered in connection therewith than the rates, fares, and charges prescribed or approved by order of the commissioner; nor shall any such motor carrier unjustly discriminate against any person in its rates, fares, or charges for service. The commissioner may prescribe, by general order, to what persons motor common and contract carriers of passengers or household goods may issue passes or free transportation; may prescribe reduced rates for special occasions; and may fix and prescribe rates and schedules.
46-7-20.

Motor common or contract carriers of passengers shall not be compelled to carry baggage of passengers, except hand baggage, the character, amount, and size of which the motor carrier may limit by its rules and regulations, subject to the approval of the commissioner; and the commissioner may by rule or regulation limit the amount of the liability of the motor carrier therefor. If a motor carrier shall elect to carry the personal baggage of passengers (other than hand baggage), the commissioner shall prescribe just and reasonable rates therefor and such other rules and regulations with respect thereto as may be reasonable and just, and may by rule or regulation limit the amount of the liability of the motor carrier therefor.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

46-7-21.

Reserved. 46-7-22.

Reserved. 46-7-23.

The commissioner shall prescribe the books and the forms of accounts to be kept by the holders of certificates under this article, which books and accounts shall be preserved for such reasonable time as may be prescribed by the commissioner. The books and records of every certificate holder shall be at all times open to the inspection of the commissioner or any agent of the department for such purpose. The commissioner shall have the power to examine the books and records of all motor carriers to whom he or she has granted certificates or permits to operate under this article and to examine under oath the officers and agents of any motor carrier with respect thereto.
46-7-24.

Motor carriers shall observe the laws of this state in respect to size, weight, and speed of their vehicles. Intrastate motor carriers of passengers shall, and interstate motor carriers of passengers may, file with the commissioner the schedules upon which they propose to operate their vehicles, which schedules shall be such that the net running time of vehicles between terminal points shall not exceed the lawful speed limit; and any motor carrier of passengers filing such a schedule shall be allowed to operate his or her vehicles on the highway at a rate of speed not exceeding the lawful speed limit in order to maintain a schedule so filed.
46-7-25.

Reserved. 46-7-26.

The commissioner shall have the authority to promulgate rules and regulations for the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials. Any such rules and regulations promulgated or deemed necessary by the commissioner shall include the following:

(1) Every motor vehicle and all parts thereof shall be maintained in a safe condition at all times; and the lights, brakes, and equipment shall meet such safety requirements as the commissioner shall from time to time promulgate;

GEORGIA LAWS 2000 SESSION

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(2) Every driver employed to operate a motor vehicle for a motor common or contract carrier shall be at least 18 years of age, of temperate habits and good moral character, possess a valid driver's license, not use or possess prohibited drugs or alcohol while on duty, and shall be fully competent to operate the motor vehicle under his or her charge;
(3) Accidents arising from or in connection with the operation of motor common or contract carriers shall be reported to the commissioner in such detail and in such manner as the commissioner may require; and
(4) The commissioner shall require every motor common and contract carrier to have attached to each unit or vehicle such distinctive markings or tags as shall be adopted by the commissioner.
46-7-27.
The commissioner is authorized to adopt such rules and orders as it may deem necessary in the enforcement of this article. Such rules and orders so approved by the commissioner shall have the same dignity and standing as if such rules and orders were specifically provided in this article.
46-7-28.
Reserved.
46-7-29.

Reserved.

46-7-30.
The commissioner is authorized to enforce this article by instituting actions for injunction, mandamus, or other appropriate relief.
46-7-31.

Any motor carrier which operates on the public highways of this state without the required certificate of public convenience and necessity or permit, or after such certificate or permit has been canceled, or without having registered its vehicle or vehicles as provided for in this article, or which operates otherwise than is permitted by the terms of such certificate or permit or the laws of this state may be enjoined from operating on the public highways of this state upon the bringing of a civil action by the commissioner, by a competing motor carrier or rail carrier, or by any individual.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

46-7-32.
Nothing in this article or any other law shall be construed to vest in the owner, holder, or assignee of any certificate of public convenience and necessity or permit issued under this article any vested right to use the public highways of this state and shall not be construed to give to any motor carrier any perpetual franchise over such public highways.
46-7-33.
In all respects in which the commissioner has power and authority under this article, proceedings may be instituted, complaints made and filed with it, process issued, hearings held, and opinions, orders, and decisions made and filed. Any final order of the commissioner may be reviewed by any court of competent jurisdiction under the conditions and subject to the limitations prescribed by law which relate to the commissioner.
46-7-34.
(a) All certificates of public convenience and necessity to operate as a motor common or contract carrier of passengers or household goods issued prior to January 1, 1995, shall continue in full force and effect until revoked by the commissioner or surrendered by the holders thereof.
(b) All certificates of public convenience and necessity authorizing transportation of property and all registration permits for intrastate exempt commodity transportation that were in effect on December 31, 1994, shall be deemed null and void as of midnight December 31, 1994, and revoked by operation of law effective January 1, 1995. All persons holding certificates of public convenience and necessity authorizing transportation of property and all persons holding registration permits for intrastate exempt commodity transportation issued prior to January 1, 1995, who received a motor carrier of property permit from the Public Service Commission pursuant to its emergency rules shall be deemed to hold a motor carrier of property permit issued under Code Section 46-7-15.1.
(c) Any person holding a certificate of public convenience and necessity authorizing transportation of property issued prior to January 1, 1995, and any person holding a registration permit for intrastate exempt commodity transportation issued prior to January 1, 1995, who did not apply for a motor carrier of property permit pursuant to the Public Service Commission's rules on or before July 15, 1995, shall be deemed to have surrendered all rights to operate as a motor carrier for hire in Georgia and may not operate any motor carrier on or over any public highway of this state without first securing a motor carrier of property permit from the commissioner, upon application and payment of the required application fee.

GEORGIA LAWS 2000 SESSION

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46-7-35.

Reserved.

46-7-36.

In circumstances where a motor common or contract carrier is engaged in both interstate and intrastate commerce, it shall nevertheless be subject to all the provisions of this article so far as it separately relates to commerce carried on exclusively in this state. It is not intended that the commissioner shall have the power of regulating the interstate commerce of such motor carrier, except to the extent expressly authorized by this article as to such commerce. Code Sections 46-7-14 and 46-7-18 through 46-7-20 and 46-7-23 do not apply to purely interstate commerce nor to carriers exclusively engaged in interstate commerce. When a motor common or contract carrier is engaged in both intrastate and interstate commerce, it shall be subject to all the provisions of this article so far as they separately relate to commerce carried on in this state.

46-7-37.

(a) Except as otherwise provided in subsection (b) of this Code section, this article shall not apply to private carriers engaged exclusively in the transportation of goods belonging to the individual, firm, partnership, corporation, or association owning, controlling, operating, or managing the motor vehicle in private transportation over any public highway in this state.

(b) The commissioner shall have the authority to promulgate rules designed to promote safety of private carriers. Every motor vehicle of a private carrier and all parts thereof shall be maintained in a safe condition at all times; and the carrier's equipment shall meet such safety requirements as the commissioner shall from time to time promulgate.

(c) Private carriers are not required to hold certificates of public convenience and necessity or registration permits issued by the commissioner.

46-7-38.

(a) Any officer, agent, or employee of any corporation, and any other person, who knowingly accepts or receives any rebate or drawback from the rates, fares, or charges established or approved by the commissioner for motor common or contract carriers of passengers or household goods, or who procures, aids, or abets therein, or who uses or accepts from such motor carrier any free pass or free transportation not authorized or permitted by law or by the orders, rules, or regulations of the commissioner, or who procures, aids, or abets therein, shall be guilty of a misdemeanor.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) The possession of goods, wares, or merchandise loaded on a motor vehicle consigned to any person, firm, or corporation, being transported or having been transported over the public highways in this state, without the authority of a permit or certificate for so transporting having been issued by the commissioner under this article, shall be prima-facie evidence that such transportation of such goods, wares, or merchandise was an intentional violation of the law regulating the transportation of persons and property over the public highways in this state.
(c) Any person claiming the benefit of any exception made in this article shall have the burden of proving that he or she falls within the exception.
46-7-39.

Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this article relating to the regulation of motor carriers, or any order, rule, or regulation of the commissioner, or who procures, aids, or abets therein, shall be guilty of a misdemeanor.

46-7-50 through 46-7-79.

ARTICLE 2

Reserved.

46-7-85.1.

ARTICLE 3

As used in this article, the term:
(1) 'Certificate' means a certificate of public convenience and necessity issued by the commissioner.
(2) 'Chauffeur' means any person with a Georgia state driver's license who meets the qualifications as prescribed in Code Section 46-7-85.10 and who is authorized by the commissioner to drive a limousine under this article.
(3) 'Commissioner' means the commissioner of motor vehicle safety.

(3.1) 'Department' means the Department of Motor Vehicle Safety.

(4) 'Limousine' means any motor vehicle that meets the manufacturer's specifications for a luxury limousine with a designed seating capacity for no more than ten passengers and with a minimum of five seats located behind the operator of the vehicle, and which does not have a door at the rear of the vehicle designed to allow passenger entry or exit; further, no vehicle shall be permitted to be operated both as a taxicab and a limousine.

GEORGIA lAWS 2000 SESSION

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(5) 'Limousine carrier' means any person operating a service regularly rendered to the public by furnishing transportation as a motor common carrier for hire, not over fixed routes, by means of limousines, or extended limousines, on the basis of telephone contract or written contract.

(6) 'Person' means any individual, firm, partnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof.

(7) 'Public highway' means every public street, road, or highway in this state.
46-7-85.2.

No limousine carrier shall operate any limousine for the transportation of passengers for compensation on any public highway in this state except in accordance with the provisions of this article.
46-7-85.3.

No person may engage in the business of a limousine carrier over any public highway in this state without first having obtained from the commissioner a certificate of public convenience and necessity to do so.
46-7-85.4.

(a) The commissioner shall prescribe the form of the application for the certificate and shall prescribe such reasonable requirements as to notice, publication, proof of service, maintenance of adequate liability insurance coverage, and information as may, in his or her judgment, be necessary and may establish fees as part of such certificate process.

(b) A certificate shall be issued to any qualified applicant, provided that such applicant is a limousine carrier business domiciled in this state, authorizing the operations covered by the application if it is found that the applicant is fit, willing, and able to perform properly the service and conform to the provisions of this article and the rules and regulations of the commissioner and has not been convicted of any felony as such violation or violations are related to the operation of a motor vehicle.
46-7-85.5.

(a) It shall be the duty of the commissioner to regulate limousine carriers with respect to the safety of equipment.

(b) The department shall perform safety and mechanical inspections at least on an annual basis for each vehicle owned and operated by a limousine carrier.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

46-7-85.6.

No certificate issued under this article may be leased, assigned, or otherwise transferred or encumbered unless authorized by the commissioner.

46-7-85.7.

The commissioner may cancel, revoke, or suspend any certificate issued under this article on any of the following grounds:

(1) The violation of any of the provisions of this article;

(2) The violation of an order, decision, rule, regulation, or requirement established by the commissioner pursuant to this article;
(3) Failure of a limousine carrier to pay a fee imposed on the carrier within the time required by law or by the commissioner;

(4) Failure of a limousine carrier to maintain required insurance in full force and effect; and

(5) Failure of a limousine carrier to operate and perform reasonable services.

46-7-85.8.

After the cancellation or revocation of a permit or during the period of its suspension, it is unlawful for a limousine carrier to conduct any operations as such a carrier.

46-7-85.9.

Pursuant to rules and regulations prescribed by the commissioner, each chauffeur employed by a limousine carrier shall register with the commissioner and secure a permit as a limousine chauffeur. A chauffeur's permit issued under this subsection shall be upon a form prescribed by the commissioner and shall bear thereon a distinguishing number assigned to the permittee, the full name and a photograph of the permittee, and such other information or identification as is required by the commissioner. Every chauffeur employed by a limousine carrier shall have his or her chauffeur's permit in his or her immediate possession at all times while operating a limousine. All applications for a chauffeur's permit shall be accompanied by such fee as the commissioner shall prescribe. The chauffeur's permit shall be valid for two calendar years. The commissioner may issue a chauffeur's permit by mail.

46-7-85.10.

In order to secure a chauffeur's permit, an applicant must provide the following information on a form provided by the commissioner. The applicant must:

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(1) Be at least 18 years of age;

(2) Possess a valid Georgia driver's license which must have been held for a minimum period of one year prior to application, and said license must not be limited as defined in Code Section 40-5-64; and

(3) (A) Not have been convicted, been on probation or parole, or served time on a sentence for a period of five years previous to the date of application for the violation of any of the following criminal offenses of this state or any other state or of the United States: criminal homicide, rape, aggravated battery, mayhem, burglary, aggravated assault, kidnapping, robbery, driving a motor vehicle while under the influence of intoxicating beverages or drugs, child molestation, any sex related offense, leaving the scene of an accident, criminal solicitation to commit any of the above, any felony in the commission of which a motor vehicle was used, perjury or false swearing in making any statement under oath in connection with the application for a chauffeur's permit, any law involving violence or theft, or possession, sale, or distribution of narcotic drugs, barbituric acid derivatives, or central nervous system stimulants; provided, however, that all applicants shall be entitled to the full benefits of Article 3 of Chapter 8 of Title 42, relating to first offender probation.

(B) If at the time of application the applicant is charged with any of the offenses prescribed in subparagraph (A) of this paragraph, consideration of the application shall be suspended until entry of a plea or verdict or dismissal. For purposes of this paragraph, a plea of nolo contendere to any of the offenses set out in this paragraph shall constitute a conviction.
46-7-85.11.

The State of Georgia fully occupies and preempts the entire field of regulation over limousine carriers as regulated by this article; provided, however, that the governing authority of any county or municipal airport shall be authorized to permit any limousine carrier doing business at any such airport and may establish fees as part of such permitting process; provided, further, that counties and municipalities may enact ordinances and regulations which require limousine carriers which are domiciled within their boundaries to pay business license fees.

46-7-85.12.

A limousine carrier operating under a certificate issued by the commissioner shall be required to file with the commissioner a tariff of rates and charges.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

46-7-85.13.

Before the commissioner shall enter any order, regulation, or requirement directed against any limousine carrier, such carrier shall first be given reasonable notice and an opportunity to be heard on the matter.

46-7-85.14.
A limousine carrier may obtain a temporary permit for a period of 21 consecutive days beginning and ending on the dates specified on the face of the permit. Temporary permits shall be obtained by limousine carriers which make only infrequent trips within and through this state. The fee for each temporary certificate shall be $100.00 per week and $20.00 for each vehicle. No temporary permit shall be issued without the commissioner having first received satisfactory proof that the carrier meets the insurance requirements of the rules and regulations of the commissioner. A temporary permit shall be carried in the motor vehicle for which it was issued at all times such vehicle is in this state. The commissioner may issue a temporary permit by facsimile message or letter. Any chauffeur operating a limousine under a temporary permit issued pursuant to this Code section shall be required to obtain a chauffeur's permit.

46-7-85.15.
Each limousine carrier which registers any vehicle under this article shall, for each such certificated vehicle, affix to the center of the front bumper of each such certificated vehicle a standard size license plate bearing the following information: (1) limousine company name, (2) city and state of principal domicile, (3) company telephone number, and (4) the vehicle classification, IE-1. The cost for such license plate shall be the sole responsibility of the limousine carrier and must be placed on each certificated vehicle prior to said vehicle being placed in service and no later than May 1, 1994, for all such vehicles currently owned and to be registered and operated by a limousine carrier.
46-7-85.16.

Reserved.

46-7-85.17.

The commissioner shall promulgate such rules and regulations as are necessary to effectuate and administer the provisions of this article.
ARTICLE 4 Reserved.
ARTICLE 5 Reserved."

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PART X

SECTION 10-1.

Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by striking Chapter 11, relating to transportation of hazardous materials, and inserting in its place a new chapter to read as follows:

46-11-1.

"CHAPTER 11

This chapter shall be known and may be cited as the 'Transportation of Hazardous Materials Act.'

46-11-2.

The General Assembly finds that the transportation of hazardous materials on the public roads of this state presents a unique and potentially catastrophic hazard to the public health, safety, and welfare of the people of Georgia and that the protection of the public health, safety, and welfare requires control and regulation of such transportation to minimize that hazard; to that end this chapter is enacted. The Department of Motor Vehicle Safety is designated as the agency to implement this chapter.
46-11-3.

As used in this chapter, the term:

(1) 'Carrier' means any person engaged in the transportation on the public roads of this state of goods or property in, to, or through this state, whether or not such transportation is for hire.

(2) 'Commissioner' means the commissioner of motor vehicle safety.

(3) 'Hazardous material' means and includes radioactive materials, liquefied natural gas (LNG), and polychlorinated biphenyl (PCB).

(4) 'Person' means and includes any individual, corporation, partnership, association, state, municipality, political subdivision of a state, and any agency or instrumentality of the United States government or any other entity and includes any officer, agent, or employee of any of the above.

(5) 'Shipper' means any person who arranges for, provides for, solicits a carrier for, consigns to a carrier for, or contracts with a carrier for shipment or transport of goods or property.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

46-11-4.

(a) Notwithstanding any other provision of law to the contrary, any person transporting hazardous material on the public roads of this state shall be subject to the requirements of this chapter.

(b) No person, including the state or any agency thereof, shall transport hazardous material in, to, or through this state on the public roads of this state, whether or not the hazardous material is for delivery in this state and whether or not the transportation originated in this state; nor shall any person deliver in this state any hazardous material to any person for trausportation; nor shall any such person accept any hazardous material for transportation in this state without compliance with the following requirements: such materials shall be packaged, marked, labeled, handled, loaded, unloaded, stored, detained, transported, placarded, and monitored in compliance with rules and regulations promulgated by the commissioner pursuant to this chapter and consistent with federal law. Compliance with such rules and regulations shall be in addition to and supplemental of other regulations of the United States Department of Transportation, United States Nuclear Regulatory Commission, Georgia Department of Human Resources, and state fire marshal, applicable to such persons.

(c) The commissioner shall promulgate rules and regulations such that no person shall arrange for the transportation of or cause to be transported in, to, or through this state on the public roads of this state any hazardous material unless such person shall notify the commissioner or his or her designee in accordance with such rules and regulations.

(d) Knowledge by a shipper that a carrier proposes to transport hazardous material in or through this state on the public roads of this state shall be sufficient contact with this state to subject such shipper to the jurisdiction of the courts of this state with respect to such transport.

(e) No transportation of hazardous material shall take place in or through this state until the commissioner or his or her designee issues a permit authorizing the applicant to operate or move upon the state's public roads a motor vehicle or combination of vehicles which carry hazardous materials. The commissioner or his or her designee may require changes in the proposed dates, times, routes, detention, holding, or storage of such materials during transport as necessary to maximize protection of the public health, safety, welfare, or the environment. The commissioner is authorized to promulgate reasonable rules and regulations which are necessary or desirable in governing the issuance of permits, provided that such rules and regulations are not in conflict with other provisions of law.

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(f) Every such permit shall be carried in the vehicles or combination of vehicles to which it refers and shall be open to inspection by any law enforcement officer or employee of the Department of Motor Vehicle Safety who has been given enforcement authority by the commissioner.

(g) For just cause, including, but not limited to, repeated and consistent past violations, the commissioner may refuse to issue or may cancel, suspend, or revoke the permit of an applicant or permittee.

(h) (1) The commissioner or the official designated by the commissioner, pursuant to this Code section and the rules and regulations developed by the commissioner, may issue an annual permit which shall allow vehicles transporting hazardous materials to be operated on the public roads of this state for 12 months from the date the permit is issued.

(2) The commissioner or the official designated by the commissioner, pursuant to this Code section and the rules and regulations developed by the commissioner, may issue a single-trip permit to any vehicle.

(i) The commissioner may charge a fee for the issuance of permits. The fee for the issuance of annual trip permits shall be $100.00. The fee for the issuance of single-trip permits shall be established by rules and regulations promulgated by the commissioner.

(j) For purposes of this chapter, the commissioner is expressly authorized to contract with the Department of Public Safety, the Department of Human Resources, or other state agencies or departments to perform any activities necessary to implement this chapter.

(k) Notwithstanding any other provisions of this chapter, the commissioner is authorized to establish such exceptions or exemptions from the requirements of this chapter, or any provision hereof, for such kinds, quantities, types, or shipments of hazardous materials as it shall deem appropriate, consistent with the protection of the public health, safety, and welfare.

(l) This chapter shall not apply to the transportation, delivery, or acceptance for delivery of radioactive materials inside the confines of the authorized location of use of any person authorized to use, possess, transport, deliver, or store radioactive materials by the Department of Human Resources pursuant to Chapter 13 of Title 31 or by the United States Nuclear Regulatory Commission; nor shall this chapter apply to the transportation, delivery, or acceptance for transportation of radioactive materials under the direction or supervision of the United States Nuclear Regulatory Commission or the United States Department of Defense where such transportation, delivery, or acceptance for transportation is escorted by personnel designated by or under the authority of those agencies.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(m) This chapter shall not apply to interstate pipeline facilities which are subject to the jurisdiction of the United States Department of Transportation under the Natural Gas Pipeline Safety Act of 1968.
(n) In the event of any damage to state property or any discharge of hazardous materials from the authorized shipping package or container or any threat of such discharge which results from the transportation, storage, holding, detention, delivery for transportation, or acceptance for transportation of hazardous materials in this state, the state may recover from any shipper, carrier, bailor, bailee, or any other person responsible for such storage, transportation, holding, detention, delivery, or acceptance all costs incurred by the state in the reparation of the damage and all costs incurred in the prevention, abatement, or removal of any such discharge or threatened discharge, including reasonable attorney's fees incurred with respect to recovery.
(o) Notwithstanding any other provisions of law, a bond or indemnity insurance required of carriers shall be established by rules and regulations of the commissioner and shall for all persons subject to this chapter, whether intrastate or interstate carriers, be at least in the maximum amount or amounts authorized or required by federal law or regulations.
(p) In addition to any other liability imposed by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor.
46-11-5.
The commissioner is authorized and empowered to adopt, promulgate, amend, repeal, or modify such standards, rules, and regulations and to issue such orders, authorizations, or amendments or modifications thereof as are necessary to implement this chapter. Any standards, rules, or regulations adopted pursuant to this chapter, if consistent with the applicable laws relating to adoption of such standards, rules, or regulations, shall have the force and effect of law.
46-11-6.
(a) The commissioner is authorized to employ such persons as may be necessary, in the discretion of the commissioner, for the proper enforcement of this chapter, the salaries for such employees to be fixed by the commissioner.
(b) The commissioner is vested with police powers and authority to designate, deputize, and delegate to employees of the Department of Motor Vehicle Safety the necessary authority to enforce this chapter, including the power to stop and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are

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complying with the provisions of this chapter and all other laws regulating the use of the public highways by motor vehicles, and to arrest all persons found in violation thereof."

PART XI

SECTION 11-1.

Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-5474, relating to return of motor vehicles for taxation, and Code Section 48-5475, relating to sale of motor vehicle license plates, and inserting in their place new Code sections to read as follows:

"48-5474.

The application for registration of a motor vehicle and for the purchase of a license plate for the motor vehicle shall constitute the return of that motor vehicle for ad valorem taxation but only if ad valorem taxes are due at the time of registration. The state revenue commissioner and the commissioner of motor vehicle safety are directed to jointly prescribe a form for the application for registration which shall provide the information needed by the tax commissioner or tax collector in determining the amount of taxes due under this article.

48-5475.

All original motor vehicle license plates shall be sold by the tax collector or tax commissioner of the several counties. Such officials are designated as agents of the commissioner of motor vehicle safety for the purpose of accepting applications for the registration of motor vehicles and as agents of the state revenue commissioner for purposes of collecting ad valorem taxes in connection with the registration of motor vehicles. The duties and responsibilities incident to the exercise of this designation shall be a part of the official duties and responsibilities of the various tax collectors and tax commissioners."

SECTION 11-2.

Said Title 48 is further amended in Code Section 48-10-1, relating to definitions applicable to motor vehicle license plates and license fees, by adding a new paragraph (.2) to read as follows:

"(.2) 'Commissioner' means the commissioner of motor vehicle safety."

PART XII

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 12-1.
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-6-11, relating to arrest or citation for traffic offenses, and inserting in its place a new Code section to read as follows:
"17-6-11.
(a) Any other laws to the contrary notwithstanding, any person who is apprehended by an officer for the violation of the laws of this state or ordinances relating to: (1) traffic, including any offense under Code Section 405-72 or 40-6-10, but excepting any other offense for which a license may be suspended for a first offense by the commissioner of motor vehicle safety, any offense covered under Code Section 40-5-54, or any offense covered under Article 15 of Chapter 6 of Title 40; (2) the licensing and registration of motor vehicles and operators; (3) the width, height, and length of vehicles and loads; (4) motor common carriers and motor contract carriers; or (5) road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48 upon being served with the official summons issued by such apprehending officer, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may display his or her driver's license to the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his or her appearance for trial as set in the aforesaid summons, or in lieu of being incarcerated by the apprehending officer and held for further action by the appropriate judicial officer. The apprehending officer shall note the driver's license number on the official summons. The summons duly served as provided in this Code section shall give the judicial officer jurisdiction to dispose of the matter.
(b) Upon display of the driver's license, the apprehending officer shall release the person so charged for his or her further appearance before the proper judicial officer as required by the summons. The court in which the charges are lodged shall immediately forward to the Department of Motor Vehicle Safety of this state the driver's license number if the person fails to appear and answer to the charge against him or her. The commissioner of motor vehicle safety shall, upon receipt of a license number forwarded by the court, suspend the driver's license and driving privilege of the defaulting person until notified by the court that the charge against the person has been finally adjudicated. Such person's license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays to the Department of Motor Vehicle Safety a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail.

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(b.l) It shall be the duty of a law enforcement officer or emergency medical technician responding to the scene of any motor vehicle accident or other accident involving a fatal injury to examine immediately the driver's license of the victim to determine the victim's wishes concerning organ donation. If the victim has indicated that he or she wishes to be an organ donor, it shall be the duty of such law enforcement officer or emergency medical technician to take appropriate action to ensure, if possible, that the victim's organs shall not be imperiled by delay in verification by the donor's next of kin.

(c) Nothing in this Code section bars any law enforcement officer from arresting or from seizing the driver's license of any individual possessing a fraudulent license or a suspended license or operating a motor vehicle while his or her license is suspended, outside the scope of a driving permit, or without a license.

(d) The commissioner of motor vehicle safety shall be authorized to promulgate reasonable rules and regulations to carry out the purposes of this Code section and to establish agreements with other states whereby a valid license from that state may be accepted for purposes of this Code section."

SECTION 12-2.

Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 16-8-85, relating to forfeiture of property seized in connection with motor vehicle chop shops, by striking paragraph (2) of subsection (f) and subsections (k), (l), and (r) and inserting in their respective places new provisions to read as follows:

"(2) The prosecutor shall give notice of the forfeiture proceeding by mailing a copy of the complaint in the forfeiture proceeding to each person whose right, title, or interest is of record in the Department of Motor Vehicle Safety, the Department of Transportation, the Federal Aviation Agency, or any other department or agency of this state, any other state or territory of the United States, or of the federal government if such property is required to be registered with any such department or agency."

"(k) No motor vehicle or motor vehicle part shall be forfeited under this Code section solely on the basis that it is unidentifiable. Instead of forfeiture, any seized motor vehicle or motor vehicle part which is unidentifiable shall be the subject of a written report sent by the seizing agency to the Department of Motor Vehicle Safety, which report shall include a description of the motor vehicle or motor vehicle part, including its color, if any; the date, time, and place of its seizure; the name of the person from whose possession or control it was seized; the grounds for its seizure; and the location where the same is held or stored.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) When a seized unidentifiable motor vehicle or motor vehicle part has been held for 60 days or more after the notice to the Department of Motor Vehicle Safety specified in subsection (k) of this Code section has been given, the seizing agency, or its agent, shall cause the motor vehicle or motor vehicle part to be sold at a public sale to the highest bidder. Notice of the time and place of sale shall be posted in a conspicuous place for at least 30 days prior to the sale on the premises where the motor vehicle or motor vehicle part has been stored."

"(r) When an applicant for a certificate of title or salvage certificate of title presents to the Department of Motor Vehicle Safety proof that the applicant purchased or acquired a motor vehicle at public sale conducted pursuant to this Code section and such fact is attested to by the seizing agency, the Department of Motor Vehicle Safety shall issue a certificate of title or a salvage certificate of title, as determined by the commissioner of motor vehicle safety, for such motor vehicle upon receipt of the statutory fee, a properly executed application for a certificate of title or other certificate of ownership, and the affidavit of the seizing agency that a state assigned number was applied for and affixed to the motor vehicle prior to the time that the motor vehicle was released by the seizing agency to the purchaser."
SECTION 12-3.

Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking Code Section 35-2-5, relating to the commissioner of public safety as an officer of the uniform division, and inserting in its place a new Code section to read as follows:
"35-2-5.

As prescribed by the board, the commissioner may rank as senior colonel in the Uniform Division and may be the chief officer thereof or the board may appoint a colonel in the Uniform Division as the chief officer thereof."
SECTION 12-4.
Said Title 35 is further amended by striking Code Section 35-2-37, relating to employment of communications officers and license examiners by the Department of Public Safety, and inserting in its place a new Code section to read as follows:
"35-2-37.
To support the battalion, the commissioner, with the approval of the board, is authorized to employ such communications officers as may be necessary, within the limits set by available appropriations. Such personnel shall not be considered members of the Uniform Division. Communications officers may be divided into such ranks or categories as the commissioner, with the approval of the board, deems appropriate."

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SECTION 12-5.

Said Title 35 is further amended by striking subsection (a) of Code Section 352-42, relating to personnel matters within the Department of Public Safety, and inserting in its place a new subsection to read as follows:

"(a) All members of the Uniform Division, all communications officers, and all recruits or cadets shall be governed by rules and regulations as now or hereafter established under Chapter 20 of Title 45."

SECTION 12-6.

Said Title 35 is further amended by striking Code Sections 35-2-46 through 352-49, relating to employment, dismissal, and equipment of Department of Public Safety personnel, and inserting in their place new Code sections to read as follows:

"35-2-46.

All officers, troopers, and communications officers who are in the classified service of the state merit system may be dismissed from their employment with the department only in accordance with Chapter 20 of Title 45 and the rules and regulations promulgated thereunder.

35-2-47.

All officers, troopers, and communications officers who are in the classified service of the state merit system may be suspended pending their dismissal from employment with the department as provided in Chapter 20 of Title 45 or the rules and regulations promulgated thereunder.

35-2-48.

Reserved.

35-2-49.

The commissioner shall, within the limit of the appropnatwn, provide the members of the Uniform Division of the Department of Public Safety with proper uniforms, suitable to the season, and also with emergency and firstaid outfits, weapons, motor vehicles with radio equipment, and all other necessary supplies and equipment for the purpose of carrying out this article, the same to remain the property of the state; provided, however, that after a member has accumulated 25 years of service in the Uniform Division of the Department of Public Safety, upon leaving the division under honorable conditions, such member shall be entitled, as part of his or her compensation, to retain his or her weapon and badge pursuant to regulations promulgated by the commissioner. The commissioner shall also, within the limit of the appropriation, provide proper uniforms and equipment to radio operators. Mter a radio operator has accumulated 25 years of service with the de-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

partment, upon leaving the department under honorable conditions, such radio operator shall be entitled, as part of his or her compensation, to retain his or her badge pursuant to regulations promulgated by the commissioner."

SECTION 12-7.

Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking paragraphs (1) and (3) of Code Section 4313-2, relating to definitions applicable to regulation of driver training schools, and inserting in their respective places the following:

"(1) 'Department' means the Department of Motor Vehicle Safety acting directly or through its duly authorized officers and agents."
"(3) 'Driver's license examiners' means examiners appointed by the Department of Motor Vehicle Safety for the purpose of giving driver's license examinations."

SECTION 12-8.

Said Title 43 is further amended by striking subsection (b) of Code Section 4313-6, relating to licensure of driver training schools, and inserting in its place a new subsection to read as follows:

"(b) All licenses issued to driver training schools or driver training instructors pursuant to this chapter shall be valid for four years from the date of issuance unless sooner canceled, suspended, or revoked under Code Section 43-13-7. All licenses shall be renewed through the department as provided in subsection (d) of this Code section and shall be valid for four years from the date of renewal."

SECTION 12-9.

Said Title 43 is further amended by striking Code Section 43-13-8, relating to promulgation of rules applicable to driver training schools, and inserting in its place a new Code section to read as follows:
"43-13-8.

The commissioner of motor vehicle safety is authorized to prescribe, by rule, standards for the eligibility, conduct, equipment, and operation of driver training schools and instructors and to adopt other reasonable rules and regulations to carry out this chapter."

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SECTION 12-10.

Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking paragraph (6) of Code Section 45-9-81, relating to definitions applicable to indemnification of public employees, and inserting in its place a new paragraph to read as follows:

"(6) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or parttime employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 494A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department ofJuvenile Justice or who have broken the conditions of supervision. With respect to periods of time prior to July 1, 2001, such term also includes employees designated and delegated law enforcement powers by the Public Service Commission pursuant to Code Sections 46-7-28 and 4611-6, which personnel have the duty to enforce the laws relating to motor carriers and the transportation of hazardous materials; and on and after July 1, 2001, such term also includes law enforcement officers of the Department of Motor Vehicle Safety. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor."

PART XIII

SECTION 13-1.

This Act shall become fully effective as provided in paragraph (4) of this section and shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of:

(1) Appointment of the members of the Board of Motor Vehicle Safety and the commissioner of motor vehicle safety and authorization for appointments as provided in Section 12-3 of this Act;

(2) The authority of the commissioner of motor vehicle safety to adopt rules and regulations;

(3) The authority of the commissioner of motor vehicle safety to employ staff within the limits of funds appropriated or otherwise made available for such purpose; and

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(4) The authority of the departments and officers affected by this Act to commence and take administrative actions as may be necessary or appropriate to prepare for and phase in the full implementation of this Act no later than July 1, 2001; provided, however, that the Governor by one or more executive orders may extend the date for full implementation of this Act to no later than July 1, 2003.

SECTION 13-2.

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

Approved April 28, 2000.