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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.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. 2 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 3 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; 4 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 5 (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 6 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." 8 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 9 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." 10 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 11 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." 12 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 13 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: 14 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 15 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: 16 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: GEORGIA LAWS 2000 SESSION 17 "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. 18 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. GEORGIA lAWS 2000 SESSION 19 (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. 20 GENERAL ACTS AND RESOLUTIONS, VOL. I (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: GEORGIA lAWS 2000 SESSION 21 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: 22 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. GEORGIA LAWS 2000 SESSION 23 (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; 24 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 GEORGIA LAWS 2000 SESSION 25 (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. 26 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 GEORGIA LAWS 2000 SESSION 27 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. 28 GENERAL ACTS AND RESOLUTIONS, VOL. I (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 GEORGIA LAWS 2000 SESSION 29 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 30 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA LAWS 2000 SESSION 31 (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 32 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 33 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 34 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. GEORGIA LAWS 2000 SESSION 35 (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. 36 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 37 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. 38 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 39 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 40 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; GEORGIA LAWS 2000 SESSION 41 (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. 42 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 43 (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. 44 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. GEORGIA lAWS 2000 SESSION 45 (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. 46 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. GEORGIA LAWS 2000 SESSION 47 (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: 48 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- GEORGIA lAWS 2000 SESSION 49 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- 50 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. GEORGIA LAWS 2000 SESSION 51 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 52 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: GEORGIA LAWS 2000 SESSION 53 (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. 54 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- GEORGIA lAWS 2000 SESSION 55 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. 56 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; GEORGIA lAWS 2000 SESSION 57 (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: 58 GENERAL ACTS AND RESOLUTIONS, VOL. I (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: GEORGIA LAWS 2000 SESSION 59 (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. 60 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 GEORGIA lAWS 2000 SESSION 61 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- 62 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA LAWS 2000 SESSION 63 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 64 GENERAL ACTS AND RESOLUTIONS, VOL. I 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- GEORGIA LAWS 2000 SESSION 65 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. 66 GENERAL ACTS AND RESOLUTIONS, VOL. I (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. GEORGIA lAWS 2000 SESSION 67 (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 68 GENERAL ACTS AND RESOLUTIONS, VOL. I (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. GEORGIA lAWS 2000 SESSION 69 (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; 70 GENERAL ACTS AND RESOLUTIONS, VOL. I (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. GEORGIA LAWS 2000 SESSION 71 (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- 72 GENERAL ACTS AND RESOLUTIONS, VOL. I 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- GEORGIA LAWS 2000 SESSION 73 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 74 GENERAL ACTS AND RESOLUTIONS, VOL. I 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; GEORGIA LAWS 2000 SESSION 75 (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- 76 GENERAL ACTS AND RESOLUTIONS, VOL. I 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: GEORGIA LAWS 2000 SESSION 77 (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 78 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; GEORGIA LAWS 2000 SESSION 79 (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; 80 GENERAL ACTS AND RESOLUTIONS, VOL. I (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. GEORGIA LAWS 2000 SESSION 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: 82 GENERAL ACTS AND RESOLUTIONS, VOL. I (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 83 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. 84 GENERAL ACTS AND RESOLUTIONS, VOL. I 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 85 (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. 86 GENERAL ACTS AND RESOLUTIONS, VOL. I (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. GEORGIA LAWS 2000 SESSION 87 (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. 88 GENERAL ACTS AND RESOLUTIONS, VOL. I 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 GEORGIA lAWS 2000 SESSION 89 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 90 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA lAWS 2000 SESSION 91 {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 92 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA LAWS 2000 SESSION 93 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. 94 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA LAWS 2000 SESSION 95 (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 96 GENERAL ACTS AND RESOLUTIONS, VOL. I 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 GEORGIA lAWS 2000 SESSION 97 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 98 GENERAL ACTS AND RESOLUTIONS, VOL. I 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- GEORGIA LAWS 2000 SESSION 99 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; 100 GENERAL ACTS AND RESOLUTIONS, VOL. I (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; GEORGIA lAWS 2000 SESSION 101 (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- 102 GENERAL ACTS AND RESOLUTIONS, VOL. I 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; GEORGIA lAWS 2000 SESSION 103 (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 104 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA lAWS 2000 SESSION 105 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. 106 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA LAWS 2000 SESSION 107 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. 108 GENERAL ACTS AND RESOLUTIONS, VOL. I 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- GEORGIA lAWS 2000 SESSION 109 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; 110 GENERAL ACTS AND RESOLUTIONS, VOL. I (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. GEORGIA lAWS 2000 SESSION 111 (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. 112 GENERAL ACTS AND RESOLUTIONS, VOL. I (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 GEORGIA lAWS 2000 SESSION 113 (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- 114 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA lAWS 2000 SESSION 115 (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." 116 GENERAL ACTS AND RESOLUTIONS, VOL. I 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." GEORGIA LAWS 2000 SESSION 117 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." 118 GENERAL ACTS AND RESOLUTIONS, VOL. I 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, GEORGIA LAWS 2000 SESSION 119 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: 120 GENERAL ACTS AND RESOLUTIONS, VOL. I "(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." GEORGIA LAWS 2000 SESSION 121 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." 122 GENERAL ACTS AND RESOLUTIONS, VOL. I 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: GEORGIA LAWS 2000 SESSION 123 "(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 124 GENERAL ACTS AND RESOLUTIONS, VOL. I 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." GEORGIA LAWS 2000 SESSION 125 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." 126 GENERAL ACTS AND RESOLUTIONS, VOL. I 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; GEORGIA LAWS 2000 SESSION 127 (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; 128 GENERAL ACTS AND RESOLUTIONS, VOL. I (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; GEORGIA LAWS 2000 SESSION 129 (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. 130 GENERAL ACTS AND RESOLUTIONS, VOL. I 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." GEORGIA LAWS 2000 SESSION 131 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 132 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA LAWS 2000 SESSION 133 (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. 134 GENERAL ACTS AND RESOLUTIONS, VOL. I (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. GEORGIA lAWS 2000 SESSION 135 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. 136 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA lAWS 2000 SESSION 137 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. 138 GENERAL ACTS AND RESOLUTIONS, VOL. I (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. GEORGIA lAWS 2000 SESSION 139 (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. 140 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA LAWS 2000 SESSION 141 (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: 142 GENERAL ACTS AND RESOLUTIONS, VOL. I (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. GEORGIA LAWS 2000 SESSION 143 (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. 144 GENERAL ACTS AND RESOLUTIONS, VOL. I (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. GEORGIA lAWS 2000 SESSION 145 (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- 146 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA LAWS 2000 SESSION 147 (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: 148 GENERAL ACTS AND RESOLUTIONS, VOL. I (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. GEORGIA lAWS 2000 SESSION 149 (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. 150 GENERAL ACTS AND RESOLUTIONS, VOL. I (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: GEORGIA LAWS 2000 SESSION 151 (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: 152 GENERAL ACTS AND RESOLUTIONS, VOL. I (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 GEORGIA lAWS 2000 SESSION 153 (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: 154 GENERAL ACTS AND RESOLUTIONS, VOL. I (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- GEORGIA LAWS 2000 SESSION 155 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 156 GENERAL ACTS AND RESOLUTIONS, VOL. I (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. GEORGIA LAWS 2000 SESSION 157 (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. 158 GENERAL ACTS AND RESOLUTIONS, VOL. I (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. GEORGIA LAWS 2000 SESSION 159 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- 160 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA LAWS 2000 SESSION 161 (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. 162 GENERAL ACTS AND RESOLUTIONS, VOL. I 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- GEORGIA lAWS 2000 SESSION 163 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: 164 GENERAL ACTS AND RESOLUTIONS, VOL. I "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 GEORGIA lAWS 2000 SESSION 165 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 166 GENERAL ACTS AND RESOLUTIONS, VOL. I 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; GEORGIA lAWS 2000 SESSION 167 (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 168 GENERAL ACTS AND RESOLUTIONS, VOL. I "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; GEORGIA LAWS 2000 SESSION 169 (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: 170 GENERAL ACTS AND RESOLUTIONS, VOL. I "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. GEORGIA LAWS 2000 SESSION 171 (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: 172 GENERAL ACTS AND RESOLUTIONS, VOL. I "(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: GEORGIA LAWS 2000 SESSION 173 (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. 174 GENERAL ACTS AND RESOLUTIONS, VOL. I 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: GEORGIA LAWS 2000 SESSION 175 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; 176 GENERAL ACTS AND RESOLUTIONS, VOL. I (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; GEORGIA lAWS 2000 SESSION 177 (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- 178 GENERAL ACTS AND RESOLUTIONS, VOL. I 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: GEORGIA lAWS 2000 SESSION 179 "(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 180 GENERAL ACTS AND RESOLUTIONS, VOL. I 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 GEORGIA LAWS 2000 SESSION 181 (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. 182 GENERAL ACTS AND RESOLUTIONS, VOL. I (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 GEORGIA LAWS 2000 SESSION 183 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: 184 GENERAL ACTS AND RESOLUTIONS, VOL. I "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." GEORGIA LAWS 2000 SESSION 185 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. 186 GENERAL ACTS AND RESOLUTIONS, VOL. I 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 GEORGIA LAWS 2000 SESSION 187 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. 188 GENERAL ACTS AND RESOLUTIONS, VOL. I (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 GEORGIA lAWS 2000 SESSION 189 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." 190 GENERAL ACTS AND RESOLUTIONS, VOL. I 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 GEORGIA LAWS 2000 SESSION 191 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 192 GENERAL ACTS AND RESOLUTIONS, VOL. I (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 GEORGIA LAWS 2000 SESSION 193 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; 194 GENERAL ACTS AND RESOLUTIONS, VOL. I (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." GEORGIA lAWS 2000 SESSION 195 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: 196 GENERAL ACTS AND RESOLUTIONS, VOL. I (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. GEORGIA LAWS 2000 SESSION 197 (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. 198 GENERAL ACTS AND RESOLUTIONS, VOL. I (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 GEORGIA lAWS 2000 SESSION 199 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- 200 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA LAWS 2000 SESSION 201 (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." 202 GENERAL ACTS AND RESOLUTIONS, VOL. I 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: GEORGIA LAWS 2000 SESSION 203 (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; 204 GENERAL ACTS AND RESOLUTIONS, VOL. I (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. GEORGIA lAWS 2000 SESSION 205 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. 206 GENERAL ACTS AND RESOLUTIONS, VOL. I 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 GEORGIA lAWS 2000 SESSION 207 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. 208 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA lAWS 2000 SESSION 209 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 210 GENERAL ACTS AND RESOLUTIONS, VOL. I 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 GEORGIA LAWS 2000 SESSION 211 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. 212 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA LAWS 2000 SESSION 213 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. 214 GENERAL ACTS AND RESOLUTIONS, VOL. I 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- GEORGIA LAWS 2000 SESSION 215 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- 216 GENERAL ACTS AND RESOLUTIONS, VOL. I 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 GEORGIA lAWS 2000 SESSION 217 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- 218 GENERAL ACTS AND RESOLUTIONS, VOL. I 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- GEORGIA LAWS 2000 SESSION 219 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 220 GENERAL ACTS AND RESOLUTIONS, VOL. I 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- GEORGIA lAWS 2000 SESSION 221 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. 222 GENERAL ACTS AND RESOLUTIONS, VOL. I (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." GEORGIA LAWS 2000 SESSION 223 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." 224 GENERAL ACTS AND RESOLUTIONS, VOL. I 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: GEORGIA LAWS 2000 SESSION 225 (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." 226 GENERAL ACTS AND RESOLUTIONS, VOL. I 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 GEORGIA LAWS 2000 SESSION 227 (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 228 GENERAL ACTS AND RESOLUTIONS, VOL. I (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: GEORGIA LAWS 2000 SESSION 229 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: 230 GENERAL ACTS AND RESOLUTIONS, VOL. I "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. GEORGIA lAWS 2000 SESSION 231 (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 232 GENERAL ACTS AND RESOLUTIONS, VOL. I 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 GEORGIA LAWS 2000 SESSION 233 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." 234 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA lAWS 2000 SESSION 235 (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 236 GENERAL ACTS AND RESOLUTIONS, VOL. I 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" GEORGIA lAWS 2000 SESSION 237 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; 238 GENERAL ACTS AND RESOLUTIONS, VOL. I (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. GEORGIA LAWS 2000 SESSION 239 (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: 240 GENERAL ACTS AND RESOLUTIONS, VOL. I '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 GEORGIA lAWS 2000 SESSION 241 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: 242 GENERAL ACTS AND RESOLUTIONS, VOL. I (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. GEORGIA lAWS 2000 SESSION 243 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- 244 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA LAWS 2000 SESSION 245 (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; 246 GENERAL ACTS AND RESOLUTIONS, VOL. I (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; GEORGIA lAWS 2000 SESSION 247 (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; 248 GENERAL ACTS AND RESOLUTIONS, VOL. I (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: GEORGIA lAWS 2000 SESSION 249 "(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 250 GENERAL ACTS AND RESOLUTIONS, VOL. I 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 GEORGIA LAWS 2000 SESSION 251 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" 252 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA lAWS 2000 SESSION 253 (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 254 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA lAWS 2000 SESSION 255 (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 256 GENERAL ACTS AND RESOLUTIONS, VOL. I 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 GEORGIA lAWS 2000 SESSION 257 (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 258 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA LAWS 2000 SESSION 259 (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. 260 GENERAL ACTS AND RESOLUTIONS, VOL. I (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. GEORGIA lAWS 2000 SESSION 261 (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: 262 GENERAL ACTS AND RESOLUTIONS, VOL. I "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." GEORGIA lAWS 2000 SESSION 263 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; 264 GENERAL ACTS AND RESOLUTIONS, VOL. I (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; GEORGIA LAWS 2000 SESSION 265 (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." 266 GENERAL ACTS AND RESOLUTIONS, VOL. I 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; GEORGIA LAWS 2000 SESSION 267 (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. 268 GENERAL ACTS AND RESOLUTIONS, VOL. I (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; GEORGIA LAWS 2000 SESSION 269 (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.' 270 GENERAL ACTS AND RESOLUTIONS, VOL. I (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 GEORGIA lAWS 2000 SESSION 271 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. 272 GENERAL ACTS AND RESOLUTIONS, VOL. I (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. GEORGIA LAWS 2000 SESSION 273 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 274 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA LAWS 2000 SESSION 275 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 276 GENERAL ACTS AND RESOLUTIONS, VOL. I (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. GEORGIA LAWS 2000 SESSION 277 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; 278 GENERAL ACTS AND RESOLUTIONS, VOL. I (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. GEORGIA LAWS 2000 SESSION 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- 280 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA lAWS 2000 SESSION 281 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 282 GENERAL ACTS AND RESOLUTIONS, VOL. I 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 283 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 284 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. 286 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 287 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. 288 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 $ 111,540,142 292 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. 376 GENERAL ACTS AND RESOLUTIONS, VOL. I 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. GEORGIA LAWS 2000 SESSION 377 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. 378 GENERAL ACTS AND RESOLUTIONS, VOL. I 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, GEORGIA LAWS 2000 SESSION 379 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- 380 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. GEORGIA LAWS 2000 SESSION 381 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 382 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- GEORGIA LAWS 2000 SESSION 383 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 GEORGIA LAWS 2000 SESSION 385 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- 386 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. GEORGIA LAWS 2000 SESSION 387 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 388 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 389 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. 390 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 391 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. 392 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 prf 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 1050 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 1053 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. 1054 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 1055 (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. 1056 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 1057 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. 1058 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 1059 (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. 1060 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: GEORGIA lAWS 2000 SESSION 1061 (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. 1062 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." GEORGIA lAWS 2000 SESSION 1063 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. 1064 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. GEORGIA LAWS 2000 SESSION 1065 (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. 1066 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 GEORGIA LAWS 2000 SESSION 1067 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 1068 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. GEORGIA lAWS 2000 SESSION 1069 (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. 1070 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." GEORGIA lAWS 2000 SESSION 1071 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- 1072 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." GEORGIA LAWS 2000 SESSION 1073 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 1074 GENERAL ACTS AND RESOLUTIONS, VOL. I (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.