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

EVIDENCE- DNA SAMPLING AND ANALYSIS FOR CERTAIN FELONS.
Code Title 24, Chapter 4, Article 4 Amended.
No. 738 (Senate Bill No. 318).
AN ACT
To amend Article 4 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to DNA (deoxyribonucleic acid) analysis upon conviction of certain sex offenses, so as to authorize that, in addition to blood samples, oral swabs or a sample obtained from a noninvasive procedure may be taken for DNA analysis to determine identification characteristics specific to the person; to provide that laws applicable to DNA analysis with respect to sex offenders shall apply to certain persons who are convicted of a felony; to provide that laws applicable to DNA analysis with respect to persons who commit a felony in this state shall also apply to certain persons who have been convicted of a felony prior to July 1, 2000, and who currently are incarcerated in a state correctional facility in this state for such offense; to provide that laws applicable to DNA analysis with respect to persons who commit a felony in this state shall also apply to certain persons who have been convicted of a felony prior to, on, or after July 1, 2000, and who are incarcerated in a private correctional facility in this state for such offense pursuant to a contract with the Department of Corrections; to define a certain term; to change the provisions relating to time and procedure for withdrawal or extraction of samples; to provide that the Division of Forensic Sciences of the Georgia Bureau of Investigation shall publish in its quality manuals the procedures for the collection and transfer of samples to such division pursuant to Code Section 35-3-154; to provide that personnel at a Department of Corrections facility shall implement the provisions of this Act as part of the regular processing of offenders; to provide that only a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, graduate laboratory technician, or phlebotomist shall withdraw any sample of blood to be submitted for analysis; to provide under certain circumstances for a limitation on civil liability with respect to the taking of samples; to change the provisions relating to procedures for analysis and storage of samples and for the use of remainder of samples not subjected to analysis; to change the provisions relating to dissemination of information in the DNA data bank to law enforcement officials; to provide that the name of a convicted offender whose profile is contained in the data bank may be related to any other data bases which are constructed for law enforcement purposes and may be disseminated only for law enforcement purposes; to provide for a court order that the Georgia Bureau of Investigation compare a DNA profile generated by the defendant in a criminal case through an independent test to the data bank in certain circumstances; to provide that the Georgia Bureau of Investigation may create a separate statistical data base comprised of DNA profiles of samples of persons whose identity is unknown; to change the provisions relating to expungement of a profile in the data bank upon reversal
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GENERAL ACTS AND RESOLUTIONS, VOL. I

and dismissal of conviction; to provide for construction and designation of offenses for which samples shall be analyzed in the event of partial funding; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 4 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to DNA (deoxyribonucleic acid) analysis upon conviction of certain sex offenses, is amended by striking in its entirety Code Section 24-4-60, relating to requirement for DNA analysis of blood of persons convicted of certain sex offenses, and inserting in lieu thereof a new Code Section 24-4-60 to read as follows:

"24-4-60.

Any person convicted of a criminal offense defined in Code Section 1CK>-1, relating to the offense of rape; Code Section 1CK>-2, relating to the offense of sodomy or aggravated sodomy; Code Section 1CK>-3, relating to the offense of statutory rape; Code Section 1CK>-4, relating to the offense of child molestation or aggravated child molestation; Code Section 1CK>-5, relating to the offense of enticing a child for indecent purposes; Code Section 1CK>-5.1, relating to the offense of sexual assault against persons in custody, sexual assault against a person detained or a patient in a hospital or other institution, or sexual assault by a practitioner of psychotherapy against a patient; Code Section 1CK>-6, relating to the offense of bestiality; Code Section 1CK>-7, relating to the offense of necrophilia; or Code Section 1CK>-22, relating to the offense of incest; shall have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. In addition, on and after July 1, 2000, any person convicted of a felony and incarcerated in a state correctional facility shall at the time of entering the prison system have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. The provisions and requirements of this Code section shall also apply to any person who has been convicted of a felony prior to July 1, 2000, and who currently is incarcerated in a state correctional facility in this state for such offense but only when such a person is to be released from the state correctional facility. The provisions and requirements of this Code section shall also apply to any person who has been convicted of a felony in this state on or after July 1, 2000, and who is incarcerated in a private correctional facility in this state for such offense pursuant to a contract with the Department of Corrections upon entering the facility, and for any person convicted of a felony prior to July 1, 2000, and who is incarcerated in a private correctional facility in this state pursuant to contract with the Depart-

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ment of Corrections, upon release. The analysis shall be performed by the Division of Forensic Sciences of the Georgia Bureau of Investigation. The division shall be authorized to contract with individuals or organizations for services to perform such analysis. The identification characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the bureau in a DNA data bank and shall be made available only as provided in Code Section 244-63. For the purposes of this Code Section, the term 'state correctional facility' means a penal institution under the jurisdiction of the Department of Corrections, including inmate work camps and inmate boot camps; provided, however, that such term shall not include a probation detention center, probation diversion center, or probation boot camp under the jurisdiction of the Department of Corrections."
SECTION 2.
Said article is further amended by striking in its entirety Code Section 244-61, relating to the time and procedure for withdrawal of blood samples, and inserting in lieu thereof a new Code Section 244-61 to read as follows:

"244-61.
(a) Each sample required pursuant to Code Section 244-60 from persons who are to be incarcerated shall be withdrawn within the first 30 days of incarceration at the receiving unit or at such other place as is designated by the Department of Corrections. Each sample required pursuant to Code Section 244-60 from persons who are to be released from a state correctional facility or private correctional facility shall be withdrawn within the 12 months preceding such person's release at a place designated by the Department of Corrections. The required samples from persons who are not sentenced to a term of confinement shall be withdrawn as a condition of probation. The Division of Forensic Sciences of the Georgia Bureau of Investigation shall publish in its quality manuals the procedures for the collection and transfer of samples to such division pursuant to Code Section 353-154. Personnel at a Department of Corrections facility shall implement the provisions of this Code section as part of the regular processing of offenders.

(b) Samples collected by oral swab or by a noninvasive procedure may be collected by any individual who has been trained in the procedure. Only a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, graduate laboratory technician, or phlebotomist shall withdraw any sample of blood to be submitted for analysis. No civil liability shall attach to any person authorized to take a sample as provided in this article as a result of the act of taking a sample from any person

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submitting thereto, provided the sample was taken according to recognized medically accepted procedures. However, no person shall be relieved from liability for negligence in the withdrawing of any blood sample.

(c) Chemically clean sterile disposable needles shall be used for the withdrawal of all samples of blood. The containers for blood samples, oral swabs, and the samples obtained by noninvasive procedures shall be sealed and labeled with the subject's name, social security number, date of birth, race, and gender plus the name of the person collecting the sample and the date and place of collection. The containers shall be secured to prevent tampering with the contents. The steps set forth in this subsection relating to the taking, handling, identification, and disposition of samples are procedural and not substantive. Substantial compliance therewith shall be deemed to be sufficient. The samples shall be transported to the Division of Forensic Sciences not more than 15 days following withdrawal and shall be analyzed and stored in the DNA data bank in accordance with Code Sections 24-4-62 and 24-4-63."
SECTION 3.

Said article is further amended by striking in its entirety Code Section 244-62, relating to the procedure for analysis and storage of blood samples, and inserting in lieu thereof a new Code Section 244-62 to read as follows:
"24-4-62.

Whether or not the results of an analysis are to be included in the data bank, the bureau shall conduct the DNA analysis in accordance with procedures adopted by the bureau to determine identification characteristics specific to the individual whose sample is being analyzed. The director of the Georgia Bureau of Investigation or his or her designated representative shall complete and maintain on file a form indicating the name of the person whose sample is to be analyzed, the date and by whom the sample was received and examined, and a statement that the seal on the container containing the sample had not been broken or otherwise tampered with. The remainder of a sample submitted for analysis and inclusion in the data bank pursuant to Code Section 24-4-60 may be divided, if possible, labeled as provided for the original sample, and securely stored by the bureau in accordance with specific procedures of the bureau to ensure the integrity and confidentiality of the samples. All or part of the remainder of that sample may be used only to create a statistical data base provided no identifying information on the individual whose sample is being analyzed is included or for retesting by the bureau to validate or update the original analysis. A report of the results of a DNA analysis conducted by the bureau as authorized, including the identifYing information, shall be made and maintained at the

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bureau. Except as specifically provided in this Code section and Code Section 24-4-63, the results of the analysis shall be securely stored and shall remain confidential."

SECTION 4.

Said article is further amended by striking in its entirety Code Section 24-4-63, relating to dissemination of information in the data bank to law enforcement officials, and inserting in lieu thereof a new Code Section 24-4-63 to read as follows:
"24-4-63.

(a) It shall be the duty of the bureau to receive samples and to analyze, classifY, and file the results of DNA identification characteristics of samples submitted pursuant to Code Section 24-4-60 and to make such information available as provided in this Code section. The results of an analysis and comparison of the identification of the characteristics from two or more biological samples shall be made available directly to federal, state, and local law enforcement officers upon a request made in furtherance of an official investigation of any criminal offense. A request may be made by personal contact, mail, or electronic means. The name of the requestor and the purpose for which the information is requested shall be maintained on file with the bureau.

(b) (1) Upon his or her request, a copy of the request for search shall be furnished to any person identified and charged with an offense as the result of a search of information in the data bank. Only when a sample or DNA profile supplied by the requestor satisfactorily matches the requestor's profile in the data bank shall the existence of data in the data bank be confirmed or identifYing information from the data bank be disseminated.
(2) The name of the convicted offender whose profile is contained in the data bank may be related to any other data bases which are constructed for law enforcement purposes and may be disseminated only for law enforcement purposes.

(3) Upon a showing by the defendant in a criminal case that access to the DNA data bank is material to the investigation, preparation, or presentation of a defense at trial or in a motion for a new trial, a superior court having proper jurisdiction over such criminal case shall direct the bureau to compare a DNA profile which has been generated by the defendant through an independent test against the data bank, provided that such DNA profile has been generated in accordance with standards for forensic DNA analysis adopted pursuant to 42 U.S.C. Section 14131, as amended.

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(c) The bureau shall develop procedures governing the methods of obtaining information from the data bank in accordance with this Code section and procedures for verification of the identify and authority of the requestor. The bureau shall specify the positions in that agency which require regular access to the data bank and samples submitted as a necessary function of the job.
(d) The bureau may create a separate statistical data base comprised of DNA profiles of samples of persons whose identity is unknown. Nothing in this Code section or Code Section 244-64 shall prohibit the bureau from sharing or otherwise disseminating the information in the statistical data base with law enforcement or criminal justice agencies within or outside the state.
(e) The bureau may charge a reasonable fee to search and provide a comparative analysis of DNA profiles in the data bank to any authorized law enforcement agency outside of the state."
SECTION 5.

Said article is further amended by striking in its entirety Code Section 24-4-65, relating to expungement of profile in data bank upon reversal and dismissal of conviction, and inserting in lieu thereof a new Code Section 24-4-65 to read as follows:
"244-65.

A person whose DNA profile has been included in the data bank pursuant to this article may request that it be expunged on the grounds that the conviction on which the authority for including his or her DNA profile was based has been reversed and the case dismissed. The bureau shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of a written request that such data be expunged, pursuant to this Code section, and a certified copy of the court order reversing and dismissing the conviction."
SECTION 6.
The provisions of this Act shall not be construed as requiring the Department of Corrections or the Georgia Bureau of Investigation to fully implement this Act prior to funds being appropriated or otherwise available for such purpose. If funds are not available, the director of the Georgia Bureau of Investigation or the director's designee shall be authorized to designate those offenses for which samples shall be analyzed.

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SECTION 7.

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

Approved April 28, 2000.

COURTS -WORKPLACE VIOLENCE PROTECTIVE ORDERS; FAMILY VIOLENCE PROTECTIVE ORDERS.
Code Section 34-1-7 Enacted. Code Section 19-13-4 Amended.
No. 739 (Senate Bill No. 486).
AN ACT
To amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding labor and industrial relations, so as to define certain terms; to provide that an employer whose employee has suffered unlawful violence or a credible threat of violence that has been carried out at the employee's workplace may seek a temporary restraining order and an injunction prohibiting further violence or threats of violence at the workplace or while the employee is acting within the course and scope of employment; to provide for the jurisdiction of the superior courts over petitions for such temporary restraining orders and injunctions; to provide for the filing of petitions, affidavits, hearings, service, and notification of law enforcement agencies; to provide for related matters; to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to granting of relief by snpcrior courts, so as to prohibit the issuance of mutual protective orders including specified remedies in cases of family violence unless certain conditions have been met and the provisions of Code Section 19-13-3 have been satisfied; to clarify remedial provisions of protective orders and consent agreements; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding labor and industrial relations, is amended by adding at the end thereof a new Code section, to be designated as Code Section 34-1-7, to read as follows:
"34-1-7.
(a) As used in this Code section, the term:

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(1) 'Course of conduct' means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose including following or stalking an employee to or from the place of work; entering the workplace of an employee; following an employee during hours of employment; telephone calls to an employee; and correspondence with an employee including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer e-mail.

(2) 'Credible threat of violence' means a knowing and willful statement or course of conduct which would cause a reasonable person to believe that he or she is under threat of death or serious bodily injury, and which is intended to, and which actually causes, a person to believe that he or she is under threat of death or serious bodily injury, and which serves no legitimate purpose.

(3) 'Employer' means any person or entity that employs one or more employees and shall include the State of Georgia and its political subdivisions and instrumentalities.

(4) 'Unlawful violence' means assault, battery, or stalking, as prohibited by Code Section 16-5-20, 16-5-21, 16-5-23, 16-5-23.1, 16-5-24, 16-5-90, or 16-591, but shall not include lawful acts of self-defense or defense of others.

(b) Any employer whose employee has suffered unlawful violence or a credible threat of violence from any individual, which can reasonably be construed to have been carried out at the employee's workplace, may seek a temporary restraining order and an injunction on behalf of the employer prohibiting further unlawful violence or threats of violence by that individual at the employee's workplace or while the employee is acting within the course and scope of employment with the employer. Nothing in this Code section shall be construed as authorizing a court to issue a temporary restraining order or injunction prohibiting speech or other activities that are protected by the Constitution of this state or the United States.

(c) (1) Except for proceedings involving a nonresident respondent, the superior court of the county where the respondent resides shall have jurisdiction over all proceedings under this Code section.

(2) For proceedings under this Code section involving a nonresident respondent, the superior court where the petitioner's workplace is located shall have jurisdiction, where the act involving unlawful violence or a credible threat of unlawful violence meets the elements for personal jurisdiction provided for under paragraph (2) or (3) of Code Section 9-10-91.

(d) Upon filing a petition with the court for an injunction pursuant to this Code section, the petitioner may obtain a temporary restraining order if the petitioner also files an affidavit which, to the satisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a credi-

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ble threat of violence by the respondent and that great or irreparable harm shall result to an employee if such an injunction is not granted. The affidavit shall further show that the petitioner has conducted a reasonable investigation into the underlying facts which are the subject of the petition. A temporary restraining order granted under this Code section shall remain in effect, at the court's discretion, for a period not to exceed 15 days, unless otherwise modified or terminated by the court.

(e) Within ten days of filing of the petition under this Code section or as soon as practical thereafter, but in no case later than 30 days after the filing of the petition, a hearing shall be held on the petition for the injunction. In the event a hearing cannot be scheduled within the county where the case is pending within the 30 day period, the same shall be scheduled and heard within any other county of the circuit. The respondent may file a response which explains, excuses, justifies, or denies the alleged unlawful violence or credible threat of violence or may file a cross-complaint under this Code section. At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an injunction shall issue prohibiting further unlawful violence or threats of violence at the employee's workplace or while the employee is acting within the course and scope of employment with the employer. An injunction issued pursuant to this Code section shall have a duration of not more than three years. At any time within the three months before the expiration of the injunction, the petitioner may apply for a renewal of the injunction by filing a new petition for an injunction pursuant to this Code section.

(f) Upon the filing of a petition for an injunction pursuant to this Code section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing on the petition.

(g) The court shall order the petitioner or the attorney for the petitioner to deliver a copy of each temporary restraining order or injunction, or modification or termination thereof, granted under this Code section, by the close of the business day on which the order was granted, to the law enforcement agencies within the court's discretion as are requested by the petitioner. Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.

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(h) Nothing in this Code section shall be construed as expanding, diminishing, altering, or modifYing the duty, if any, of an employer to provide a safe workplace for employees and other persons."

SECTION 2.

Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to granting of relief by superior courts, is amended by striking subsection (a) of Code Section 19-13-4, relating to protective orders and consent agreements, and inserting in lieu thereof the following:

"(a) The court may, upon the filing of a verified petition, grant any protective order or approve any consent agreement to bring about a cessation of acts of family violence. The court shall not have the authority to issue or approve mutual protective orders concerning paragraphs (1), (2), (5), (9), or (11) of this subsection, or any combination thereof, unless the respondent has filed a verified petition as a counter petition pursuant to Code Section 19-13-3 no later than three days, not including Saturdays, Sundays, and legal holidays, prior to the hearing and the provisions of Code Section 1913-3 have been satisfied. The orders or agreements may:

(1) Direct the respondent to refrain from such acts;

(2) Grant to a party possession of the residence or household of the parties and exclude the other party from the residence or household;

(3) Require a party to provide suitable alternate housing for a spouse, former spouse, or parent and the parties' child or children;

(4) Award temporary custody of minor children and establish temporary visitation rights;

(5) Order the eviction of a party from the residence or household and order assistance to the victim in returning to it, or order assistance in retrieving personal property of the victim if the respondent's eviction has not been ordered;

(6) Order either party to make payments for the support of a minor child as required by law;

(7) Order either party to make payments for the support of a spouse as required by law;

(8) Provide for possession of personal property of the parties;

(9) Order the respondent to refrain from harassing or interfering with the victim;

(10) Award costs and attorney's fees to either party; and

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(11) Order the respondent to receive appropriate psychiatric or psychological services as a further measure to prevent the recurrence of family violence."

SECTION 3.

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

Approved April 28, 2000.

CRIMES AND OFFENSES - ELDERLY PERSONS; CRUELTY TO, THEFT FROM, FRAUD AGAINST; LIMITATIONS ON PROSECUTIONS; ABUSE OF
ELDERLY OR DISABLED PERSONS.
Code Title 16 Amended. Code Section 17-3-2.2 Enacted. Code Title 30, Chapter 5 Amended.
No. 740 (Senate Bill No. 407).
AN ACT
To be known as the "Georgia Protection of Elder Persons Act of 2000"; to amend Chapters 5, 8, and 9 of Title 16 of the Official Code of Georgia Annotated, relating respectively to crimes against the person, theft, and forgery and fraudulent practices; Chapter 3 of Title 17 of the Official Code of Georgia Annotated, relating to limitations on prosecution; and Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to make it unlawful to willfully deprive an elder person of sustenance; to provide for applicability; to provide for penalties; to provide fines as punishment for certain theft and fraud offenses; to change the statute of limitations for certain crimes in which the victim is an elder person; to clarify the procedures for reports of abuse, neglect, or exploitation of elder persons or disabled adults; to add to the list of persons required to report such abuse, neglect, or exploitation; to change the immunity provisions; to provide that certain agencies shall develop training programs about the abuse and exploitation of the elderly; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Georgia Protection of Elder Persons Act of 2000."

I

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SECTION 2.

Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended by inserting after Article 7 a new Article 8 as follows:

"ARTICLE 8

16-5-100.

(a) A guardian or other person supervising the welfare of or having immediate charge or custody of a person who is 65 years of age or older commits the offense of cruelty to a person who is 65 years of age or older when such person willfully deprives such person who is 65 years of age or older of necessary sustenance to the extent that the health or well-being of such person who is 65 years of age or older is jeopardized.

(b) The provisions of this Code section shall not apply to a physician nor any person acting under his or her direction nor to a hospital, skilled nursing facility, nor any agent or employee thereof who is acting in good faith in accordance with a living will as provided in Chapter 32 of Title 31, a durable power of attorney for health care as provided in Chapter 36 of Title 31, or the instructions of the patient or the patient's lawful surrogate decision maker.

(c) A person convicted of the offense of cruelty to a person who is 65 years of age or older as provided in this Code section shall be punished by imprisonment for not less than one nor more than 20 years."
SECTION 3.

Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, is amended by striking paragraph (2) of subsection (a) of Code Section 16-8-12, relating to penalties for theft, and inserting in lieu thereof:

"(2) If the property was taken by a fiduciary in breach of a fiduciary obligation or by an officer or employee of a government or a financial institution in breach of his or her duties as such officer or employee, by imprisonment for not less than one nor more than 15 years, a fine not to exceed the amount provided by Code Section 17-10-8, or both;"

SECTION 4.

Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, is amended by inserting a new Code section to be designated Code Section 16-9-6 to read as follows:

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"16-9-6.

Unless a greater penalty is specifically provided in this chapter, any violation of this chapter by a fiduciary in breach of a fiduciary obligation against a person who is 65 years of age or older shall be punished by imprisonment for not less than one nor more than 15 years, a fine not to exceed the amount provided by Code Section 17-10-8, or both."

SECTION 5.

Chapter 3 of Title 17 of the Official Code of Georgia Annotated, relating to limitations on prosecution, is amended by inserting a new Code section to be designated Code Section 17-3-2.2 to read as follows:

"17-3-2.2.

In addition to any periods excluded pursuant to Code Section 17-3-2, if the victim is a person who is 65 years of age or older, the applicable period within which a prosecution must be commenced under Code Section 17-3-1 or other applicable statute shall not begin to run until the violation is reported to or discovered by a law enforcement agency, prosecuting attorney, or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the appropriate prosecuting attorney. Except for prosecutions for crimes for which the law provides a statute of limitations longer than 15 years, prosecution shall not commence more than 15 years after the commission of the crime."

SECTION 6.

Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, is amended by striking Code Section 30-5-4, relating to reports of abuse, and inserting in lieu thereof the following:

"30-5-4.

(a) (1) (A) Any physician, osteopath, intern, resident, other hospital or medical personnel, dentist, psychologist, chiropractor, podiatrist, pharmacist, physical therapist, occupational therapist, licensed professional counselor, nursing personnel, social work personnel, day-care personnel, coroner, medical examiner, employee of a public or private agency engaged in professional health related services to elder persons or disabled adults, or law enforcement personnel having reasonable cause to believe that a disabled adult or elder person has had a physical injury or injuries inflicted upon such disabled adult or elder person, other

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than by accidental means, or has been neglected or exploited shall report or cause reports to be made in accordance with the provisions of this Code section.

(B) Except as provided in this paragraph, any employee of a financial institution, as defined in Code Section 7-1-4, having reasonable cause to believe that a disabled adult or elder person has been exploited shall report or cause reports to be made in accordance with the provisions of this Code section; provided, however, that this obligation shall not apply to any employee of a financial institution while that employee is acting as a fiduciary, as defined in Code Section 7-l-4, but only for such assets that the employee is holding or managing in a fiduciary capacity.

(C) When the person having a reasonable cause to believe that a disabled adult or elder person is in need of protective services performs services as a member of the staff of a hospital, social agency, financial institution, or similar facility, such person shall notify the person in charge of the facility and such person or that person's designee shall report or cause reports to be made in accordance with the provisions of this Code section.

(2) Any other person having a reasonable cause to believe that a disabled adult or elder person is in need of protective services, or has been the victim of abuse, neglect, or exploitation may report such information as provided in this Code section.

(b) ( 1) A report that a disabled adult or elder person who is not a resident of a long-term care facility as defined in Code Section 31-8-80 is in need of protective services or has been the victim of abuse, neglect, or exploitation shall be made to an adult protection agency providing protective services, as designated by the department or, if such agency is unavailable, to an appropriate law enforcement agency or prosecuting attorney. If a report of a disabled adult or elder person abuse is made to an adult protection agency or independently discovered by the agency and the agency has reasonable cause to believe such report is true, then the agency shall immediately notify the appropriate law enforcement agency or prosecuting attorney. If the disabled adult or elder person is a resident of a long-term care facility as defined in Code Section 31-8-80, a report shall be made in accordance with Article 4 of Chapter 8 of Title 31. If a report made in accordance with the provisions of this Code section alleges that the abuse or exploitation occurred within a long-term care facility, such report shall be investigated in accordance with Articles 3 and 4 of Chapter 8 of Title 31.

(2) The report may be made by oral or written communication. The report shall include the name and address of the disabled adult or elder person and should include the name and address of the disabled adult's

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or elder person's caretaker, the age of the disabled adult or elder person, the nature and extent of the disabled adult's or elder person's injury or condition resulting from abuse, exploitation, or neglect, and other pertinent information. All such reports prepared by a law enforcement agency shall be forwarded to the director within 24 hours.

(c) Anyone who makes a report pursuant to this chapter, who testifies in any judicial proceeding arising from the report, who provides protective services, or who participates in a required investigation under the provisions of this chapter shall be immune from any civil or criminal liability on account of such report or testimony or participation, unless such person acted in bad faith, with a malicious purpose, or was a party to such crime or fraud. Any financial institution, as defined in Code Section 7-1-4, including without limitation officers and directors thereof, that is an employer of anyone who makes a report pursuant to this chapter in his or her capacity as an employee, or who testifies in any judicial proceeding arising from a report made in his or her capacity as an employee, or who participates in a required investigation under the provisions of this chapter in his or her capacity as an employee, shall be immune from any civil or criminal liability on account of such report or testimony or participation of its employee, unless such financial institution knew or should have known that the employee acted in bad faith or with a malicious purpose and failed to take reasonable and available measures to prevent such employee from acting in bad faith or with a malicious purpose. The immunity described in this subsection shall apply not only with respect to the acts of making a report, testifying in a judicial proceeding arising from a report, providing protective services, or participating in a required investigation but also shall apply with respect to the content of the information communicated in such acts."

SECTION 7.

Said chapter is further amended by adding a new Code section to be designated Code Section 30-5-10 to read as follows:

"30-5-10.

The Department of Human Resources, the Georgia Peace Officers Standards and Training Council, the Prosecuting Attorneys' Council of the State of Georgia, and the Institute of Continuing Judicial Education shall develop programs for the education and training of social services, criminal justice, and judicial professionals concerning the abuse and exploitation of persons who are 65 years of age or older. Said agencies, together with any other agency of this state which is involved in the investigation of the abuse or exploitation of persons who are 65 years of age or older, are directed to cooperate in the development of such training programs to the extent allowable under Article I, Section II, Paragraph III of the Constitution of this state."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 8.

This Act shall be effective upon the first day of the month following its approval by the Governor or its becoming law without the approval of the Governor.

SECTION 9.

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

Approved April 28, 2000.

REVENUE AND TAXATION - INCOME TAX; CREDITS FOR LOWEMISSION VEHICLES, ELECTRIC VEHICLE CHARGERS, AND CERTAIN
DIESEL EMISSION REDUCTION EQUIPMENT.
Code Section 48-740.16 Amended. Code Section 48-740.17 Enacted.
No. 741 (House Bill No. 801).
AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes and exemptions and credits related thereto, so as to increase the amount of income tax credits for certain low-emission vehicles; to increase the carry forward periods of such credits; to provide for an additional credit with respect to certain electric vehicle chargers; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for definitions; to provide for tax credits for the purchase and installation of diesel particulate emission reduction technology equipment; to provide for the terms and conditions related to such tax credit; to provide for the powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes and exemptions and credits related thereto, is amended in Code Section 48-740.16, relating to the income tax credits for certain low-emission vehicles, by striking subsections (b) through (f) and inserting in their places new subsections (b) through (g) to read as following:

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"(b) A tax credit is allowed against the tax imposed under this article to a taxpayer for the purchase or lease of a new low-emission vehicle that is registered in a covered area. The amount of the credit shall be $2,500.00 per new low-emission vehicle.
(c) A tax credit is allowed against the tax imposed under this article to a taxpayer for the conversion of a conventionally fueled vehicle to a converted vehicle that is registered in a covered area. The amount of the credit shall be equal to the cost of conversion, not to exceed $2,500.00 per converted vehicle.
(d) A tax credit is allowed against the tax imposed under this article to any business enterprise for the purchase or lease of each electric vehicle charger that is located in a covered area. The amount of the credit shall be $2,500.00 per charger.
(e) The credits granted under this Code section shall be subject to the following conditions and limitations:
(1) All claims for any credit provided by subsection (b) of this Code section shall be:
(A) Accompanied by a certification issued by the automobile dealership where the new low-emission vehicle was purchased or leased; and
(B) Made only by a taxpayer who is the ultimate purchaser or lessee of a new low-emission vehicle at retail;
(2) In order to qualify for a tax credit in a particular calendar year for the lease of a new low-emission vehicle under subsection (b) of this Code section, the lease must be in effect prior to or on the last day of the calendar year in which the credit is claimed;
(3) All claims for any credit provided by subsection (c) of this Code section must be accompanied by a certification issued by the Environmental Protection Division of the Department of Natural Resources;
(4) Motor vehicles subject to the requirements imposed upon fleet operators by the federal Clean Air Act, 42 U.S.C. Section 7401, et seq., as amended, and applicable federal regulations are not eligible for any tax credit under this Code section;
(5) All claims for any credit provided by subsection (d) of this Code section shall be:
(A) Accompanied by a certification issued by the seller where the new electric vehicle charger was purchased or leased; and

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(B) Made only by a taxpayer who is the ultimate purchaser or lessee of a new electric vehicle charger at retail;

(6) Any credit claimed under this Code section but not used in any taxable year may be carried forward for five years from the close of the taxable year in which a new low-emission vehicle was purchased or leased or a conventionally fueled vehicle was changed into a converted vehicle, provided that the applicable certification required in paragraph (1) or (3) of this subsection accompanies any such claim; and

(7) In no event shall the amount of any tax credit provided in this Code section exceed the taxpayer's income tax liability.

(f) The state revenue commissioner shall be authorized to adopt rules and regulations to provide for the administration of any tax credit provided by this Code section.

(g) The Board of Natural Resources shall be authorized to adopt rules and regulations to provide for:

(1) The specific standards and requirements for low-emission and converted vehicles and electric vehicle chargers which shall be consistent with the terms of this Code section;

(2) An approved certification form which shall be issued by an automobile dealership which certifies the purchase or lease of a new low-emission vehicle that is qualified for a tax credit provided by this Code section;

(3) The certification of any converted vehicle that is qualified to claim a tax credit provided by this Code section; and

(4) An approved certification form which shall be issued by the seller which certifies the purchase or lease of a new electric vehicle charger that is qualified for a tax credit provided by this Code section."

SECTION 2.

Said article is further amended by adding a new Code Section 48-740.17 to read as follows:

"48-740.17.

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

(1) "Commercial motor vehicle" means a motor vehicle designed or used to transport property and having a gross vehicle weight rating of 26,001 or more pounds.

(2) "Diesel particulate emission reduction technology equipment" means any equipment which meets standards adopted by the Georgia Regional Transportation Authority and which provides for heat, air conditioning,

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light, and communications for the driver's compartment of a commercial motor vehicle which is parked at a truck stop, depot, or other facility the use of which results in the engine being turned off with a corresponding reduction of particulate emissions from such vehicle's diesel engine.

(b) A tax credit against the tax imposed under this article shall be granted to any person who installs diesel particulate emission reduction technology equipment at any truck stop, depot, or other facility. The amount of the tax credit shall be equal to 10 percent of the total of the cost of the diesel particulate emission reduction technology equipment and the cost of installation of such equipment. The tax credit provided under this Code section shall be allowed for the taxable year in which the taxpayer first places the equipment in use. Any credit which is not used in the year in which the equipment is first placed in use shall not be carried forward to any future year.

(c) For every year for which the taxpayer claims the credit authorized by this Code section, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return setting forth the following information:
(1) A description of the diesel particulate emission reduction technology equipment installed;
(2) The location at which such equipment was installed; and
(3) The cost of the equipment and the cost of installation of the equipment.

(d) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."
SECTION 3.

This Act shall become effective on January I, 2001, and shall be applicable to all taxable years beginning on or after January 1, 2001.
SECTION 4.

All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

COURTS -JUVENILE COURTS; JUDGES; APPOINTMENT; COMPENSATION; QUALIFICATIONS; RESTRICTIONS.

Code Section 15-11-18 Amended.
No. 742 (House Bill No. 182).
AN ACT
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, so as to provide for the creation of the juvenile courts and their jurisdiction, administration, and expenses; to provide for fulfilling preexisting terms; to provide for appointment, terms, benefits, and qualifications of juvenile court judges; to provide for contributions toward the salary of juvenile court judges on a per circuit basis by state grants; to provide for the amount of such grants; to provide that such grants shall be used solely for salaries of juvenile court judges; to provide for full-time, part-time, county-wide, and circuit-wide juvenile court judges; to provide for publication of notice of a vacancy on the juvenile court; to provide for presiding judges; to change rules relating to the practice of law by juvenile court judges; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, is amended by striking in its entirety Code Section 15-11-18, relating to the creation of juvenile courts and judges' terms, compensation, qualifications, actions, practice of law, and pensions, and inserting in its place the following:
"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 October 1, 2000. 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. Such superior court judge or judges shall establish the total number of circuit-wide juvenile court judges and shall establish whether the judge or judges shall be full time or part time, or a combination of full time and part time. Each circuit-wide judge appointed will have the authority to act as judge of each juvenile court in each county of the circuit. If no person is appointed as a juvenile court judge for the circuit, then the superior court judge or judges of the circuit shall assume the duties of the juvenile court 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

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superior court judge. All juvenile court judgeships, their methods of compensation, selection, and operation, established on or before October 1, 2000, shall continue until such time as one or more circuit-wide juvenile court judges are appointed. However, in any circuit where a superior court judge assumes the duties of the juvenile court 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 one or more circuit-wide juvenile court judges are appointed, any juvenile court 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.
(1) Each juvenile court judge appointed under this Code section shall serve for a term of four years. Except as otherwise provided by law, the compensation of the full-time or part-time juvenile court judges shall be set by the superior court as provided in subsection (h) of this Code section with the approval of the governing authority or governing authorities of the county or counties for which the juvenile court judge is appointed.
(2) 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) Each circuit with one or more juvenile court judges who are not superior court judges assuming the duties of juvenile court judges shall receive a state grant of $85,000.00. Such state funds shall be spent solely on salaries for juvenile court judges and shall not be used for any other purposes.
(B) In addition to the base amount set out in subparagraph (A) of this paragraph, each circuit which on or after October 1, 2000, has more than four superior court judges is eligible for additional state grants. For each superior court judge who exceeds the base of four judges, the circuit shall be eligible for an additional grant in an amount equal to one-fourth of the base amount of the state grant set out in subparagraph (A) of this paragraph. Such additional state grants shall be spent solely on salaries for juvenile court judges and shall not be used for any other purposes.
(C) In those circuits where the judge or judges of the superior court elect to use the state grant provided in this Code section for one or more part-time judges, the amount of the state grant shall be as follows:

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(i) For each part-time judge who works one day weekly ................................................. $ 17,000.00
(ii) For each part-time judge who works two days weekly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34,000.00
(iii) For each part-time judge who works three days weekly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51,000.00
(iv) For each part-time judge who works four days weekly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68,000.00;
provided, however, that a grant for one or more part-time judges shall not exceed the amount the circuit is eligible for in accordance with subparagraphs (A) and (B) of this paragraph.
(3) Mter the initial appointments and prior to any subsequent appointment or reappointment of any part-time or full-time juvenile court judge under this Code section the judge or judges responsible for making the appointment shall publish notice of the opening on the juvenile court once a month for three months prior to such appointment or reappointment in the official legal organs of each of the counties in the circuit where the juvenile court judge has venue. The expense of such publication shall be paid by the county governing authority in the county where such notice or notices are published.
(e) Qualifications of judges. No person shall be judge of the juvenile court unless, at the time of his or her appointment, he or she 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 judge. In the event that more than one juvenile court judge is appointed, one shall be designated presiding judge.
(g) Practice of law l7y judges. It shall be unlawful for any full-time juvenile court judge to engage in any practice of law outside his or her role as a juvenile court judge. It shall be unlawful for a part-time 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 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, full time or part time, 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 he or she is called upon to give while performing the duties of a juvenile court judge.

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(h) Action ~ superior court judges. In any case in which action under this Code section is to be taken by the superior court judge of the circuit, such action shall be taken as follows:

(1) Where there are one or two judges, such action shall be taken by the chief judge of the circuit; and

(2) Where there are more than two judges, such action shall be taken by a majority vote of the judges of the 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. The governing authority of the county of residence of each juvenile court judge shall offer the juvenile court judge or judges insurance benefits and any other benefits except retirement or pension benefits equivalent to those offered to employees of the county, with a right to contribution from other counties in the circuit for a pro-rata contribution toward the costs of such benefits, based on county population. Counties shall continue to provide membership in retirement plans available to county employees for any juvenile court judge in office before July 1, 1998, who did not become a member of the Georgia Judicial Retirement System provided by Chapter 23 of Title 47. Except as otherwise provided by subsection (d) of this Code section, 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 court judge is appointed.

(j) Applicability.

(1) To the extent that the provisions of this Code section conflict with a local constitutional amendment authorizing the election of a juvenile court judge and with the provisions of a local Act authorized by such local constitutional amendment to provide for the term of office, vacancies in office, qualifications, compensation, and full-time or part-time status of a juvenile court judge or judges, the provisions of such local constitutional amendment and such local Act shall govern.

(2) The state grants provided by subsection (d) of this Code section shall be provided to any circuit encompassing a juvenile court governed by the provisions of a local constitutional amendment and a local Act in the same manner as other circuits, except that, in any circuit with one or more elected juvenile court judges, the elected juvenile court judge who is senior in duration of service as a juvenile court judge shall establish, subject to other applicable provisions of law, the total number of circuit-wide

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juvenile court judges, whether the judge or judges shall be full time or part time or a combination of full time and part time, and the compensation of any part-time juvenile court judge or judges."

SECTION 2.

The provisions of this Act amending subsection (i) of Code Section 15-11-18 shall become effective January 1, 2001. All other provisions of this Act shall become effective October 1, 2000.

SECTION 3.

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

Approved April 28, 2000.

SOCIAL SERVICES - MENTORING PROGRAM FOR STUDENTS.
Code Section 49-5-134 Amended. Code Section 49-5-156 Enacted.
No. 743 (Senate Bill No. 290).
AN ACT
To amend Article 6 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to enact the "Georgia Mentoring Act of 2000"; to made legislative findings; to authorize the Children and Youth Coordinating Council to develop and implement a state-wide strategy to provide academic support and guidance to students through mentors; to authorize said council to award grants to local school systems to administer academic volunteer and mentor service programs; to provide for the use of such funds; to provide for the contents of applications for such grants; to provide for awards for outstanding academic mentors; to provide for reports to the General Assembly; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 6 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, is amended in subsection (a) of Code Section 49-5-134, relating to the powers and duties of the Children and Youth Coordinating Council, by adding a new paragraph ( 1.1) to read as follows:

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"(1.1) To carry out the duties relating to mentoring provided for in Part 3 of this article;".

SECTION 2.

Said article is further amended by adding at the end thereof a new Part 3 to read as follows:

"Part 3

49-5-156.

(a) This Code section shall be known and may be cited as the 'Georgia Mentoring Act of 2000.'

(b) The General Assembly finds that:

(1) Every child in this state is encouraged to have a caring adult who, along with parents and teachers, is able to offer support, friendship, encouragement, and motivation to help the child excel academically and lead a productive life;

(2) As a society, we look to a child's family to provide a supportive home environment and realize that the primary responsibility for child rearing must remain with the family. However, we are keenly aware of increases in child abuse and neglect, the escalation of drug and alcohol abuse, and that many children who could excel in school are not receiving all the help and support they need to succeed;

(3) Untapped human resources exist in local communities throughout the state that can provide many children with an additional caring, positive academic role model or mentor. These individuals will help those children progress in school and help direct and reinforce the many opportunities that will further enhance each child's life;

(4) The members of the private sector throughout this state should be commended for their generous financial support of public schools. Now there is another significant contribution they can and must make to Georgia's children and youth: the investment of human capital in our children's future as academic volunteers and mentors;

(5) Programs which provide encouragement and support to children through the use of mentors have resulted in significant increases in graduation rates at the secondary level and in much improved enrollment rates in postsecondary education for some of our most vulnerable youth;

(6) Local, regional, and state-wide resource referral systems must be established to link more efficiently children and potential academic volunteers and mentors with existing programs and organizations; and

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(7) Volunteer and mentor service must be encouraged and appropriately recognized.

(c) In order to develop a state-wide strategy to provide academic support and guidance to each student who requires it, there is created the Georgia Mentoring Program, to be administered by the Children and Youth Coordinating Council. Subject to appropriation by the General Assembly, the council shall:

(1) Develop a state-wide plan with the goal of matching every child who needs one with an academic mentor. For purposes of this Code section, the term 'academic mentor' or 'academic volunteer and mentor' means a volunteer who, as a participant in a local project funded under this Code section, supports the needs of the individual child with whom the volunteer is matched, including without limitation, strengthening the child's academic preparation and achievement;

(2) Develop standards for the operation of local projects for the provision of academic volunteer and mentor services;

(3) Develop criteria and procedures for funding local projects for the provision of academic volunteer and mentor services, based on local need. Such criteria shall include, but not be limited to, the following indicators: size of the school age population, school dropout rates, and student achievement;

(4) Develop and implement a state-wide public awareness and recruitment campaign for academic mentors; and

(5) Compile a state-wide resource directory of successful academic mentor programs and organizations.

(d) The Children and Youth Coordinating Council shall award grants to local school systems to administer the academic volunteer and mentor service program within the local school district, subject to appropriation by the General Assembly. Funds awarded under this Code section shall be expended exclusively for the recruitment, screening, training, and placement of academic mentors in accordance with the purposes of this Code section and for evaluation of the program established by this Code section. Local school systems which receive grants shall contract with nonprofit organizations or local government agencies for program operations. In selecting the organization or agency with which to contract, the local school system shall consider the experience of the organization or agency with operating volunteer mentor projects. Each entity receiving funds under this Code section shall consult and cooperate with any teacher in whose classroom it is proposed that an academic mentor be placed. No displacement of any certified or classified school employee shall occur as a result of the use of any academic mentor pursuant to this Code section.

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(e) Any local school system desiring a grant under this Code section shall submit an application to the Children and Youth Coordinating Council. In addition to such other information as the council may require, each application shall include the following:
(1) A description of activities for which assistance is requested;

(2) A list of coapplicants, if any;

(3) The number of children expected to be served;

(4) A statement of the goals of the program to be supported by the grant;

(5) A statement of the applicant's experience in the recruitment, placement, and training of volunteers and mentors;

(6) A statement of how the applicant intends to recruit, screen, train, and place academic mentors;

(7) A statement of how the applicant will ensure that (A) academic volunteers and mentors will be required to undergo a criminal background check and (B) no displacement of existing school employees will occur as a result of the use of academic volunteers and mentors;

(8) A statement of the efforts the applicant will make to maximize the use of existing state, federal, and local funds from both public and private sources for the purposes of the project; and

(9) A plan for integration of the applicant's efforts with other community based children's services.

(f) The General Assembly further finds that outstanding academic volunteer and mentor service should be encouraged and recognized. For that purpose, the Governor is authorized to provide an award to recognize outstanding academic volunteer or mentor service in the schools for each fiscal year in which funds are appropriated for the program established under this Code section. Local school systems may nominate an individual or individual program that has had a significant and positive impact upon the lives of children for the award.

(g) No later than one year following the date on which funding is provided for the purposes of this Code section, and annually thereafter in any fiscal year for which funds are appropriated for the purposes of this Code section, the Children and Youth Coordinating Council shall submit to the General Assembly a report describing the progress and accomplishments of the Georgia Mentoring Program. The report shall also identify any barriers to the full achievement of the goals of the program and shall include any recommended legislative changes in that regard."

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SECTION 3.

This Act shall become effective on July 1, 2000.

SECTION 4.

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

Approved April 28, 2000.

COURTS - INFERIOR COURTS; TRAINING AND ASSISTANCE; LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS.
Code Section 15-11-25 Enacted. Code Title 36, Chapter 74 Enacted.
No. 744 (House Bill No. 1206).
AN ACT
To be entitled the "Inferior Court Training and Assistance Act of 2000"; to improve training and provide assistance to certain inferior courts; 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 training requirements for clerks of the juvenile courts; to provide for clerks pro tempore; to provide for certificates and expenses; to provide for exceptions; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for creation of municipal and county code enforcement boards; to provide for intent of the General Assembly; to provide for definitions; to provide for organization of local government code enforcement boards; to provide for an enforcement procedure; to provide for conduct of hearings; to provide for powers of enforcement boards; to provide for administrative fines and liens; to provide for duration of liens; to provide for appeals; to provide for methods of giving notices; to provide that provisions of the Act are supplemental; 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 "Inferior Court Training and Assistance Act of 2000."
SECTION 2.
Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding following Code Section 15-11-24.3 a new Code section to read as follows:

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"15-11-25.

(a) Any person who is appointed as or is performing the duties of a clerk of the juvenile court after July 1, 2000, shall satisfactorily complete 20 hours of training in the performance of the duties of a clerk of the juvenile court within the first 12 months following such appointment or the first performance of such duties.

(b) Any person who is appointed as or is performing the duties of a clerk of the juvenile court for any year after 2000, other than the year in which such person satisfactorily completes any initial training required under subsection (a) of this Code section, shall satisfactorily complete in that year 12 hours of additional training in the performance of such person's duties as clerk.

(c) The training required by this Code section shall be provided by the Institute of Continuing Judicial Education of Georgia. Upon satisfactory completion of such training, a certificate issued by such institute shall be placed into the minutes of the juvenile court record in the county in which such person serves as a clerk of the juvenile court. All reasonable expenses of such training including, but not limited to, any tuition fixed by such institution shall be paid from county funds by the governing auth9rity of the county for which the person serves as a clerk of the juvenile court, unless funding is provided from other sources.

(d) A judge of the juvenile court shall appoint a clerk pro tempore for that court for the period of training in order for the regular clerk to attend training required by this Code section. Such clerk pro tempore shall not be required to meet the training otherwise required by this Code section for performing the clerk's duties.

(e) The provisions of this Code section shall not apply to clerks of juvenile courts who also act as clerks of superior courts and who already have mandatory training requirements in such capacity."

SECTION 3.

Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding following Chapter 73 a new Chapter 74 to read as follows:

"CHAPTER 74

36-74-1.

This chapter shall be known and may be cited as the 'Local Government Code Enforcement Boards Act' and is enacted to provide assistance to inferior courts with jurisdiction over county or municipal ordinances.

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36-74-2.
It is the intent of this chapter to promote, protect, and improve the health, safety, and welfare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards with authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation continues to exist.

36-74-3.

(a) Each county or municipality may, at its option, create or abolish by ordinance local government code enforcement boards as provided in this chapter.
(b) A county or a municipality may, by ordinance, adopt an alternate code enforcement system which gives code enforcement boards the authority to hold hearings and assess fines against violators of the respective county or municipal codes and ordinances.

36-74-4.

As used in this chapter, the term:

( 1) 'Code inspector' means any authorized agent or employee of the county or municipality whose duty it is to assure code compliance.
(2) 'County or municipal codes and ordinances' means zoning ordinances and resolutions, ordinances and resolutions enacting subdivision regulations, environmental ordinances and resolutions, state minimum standard codes provided for in Code Section 8-2-25, ordinances and resolutions enacted pursuant to Code Section 8-2-25, other ordinances and resolutions regulating the development of real property, and ordinances and regulations providing for control of litter and debris, control of junked or abandoned vehicles, and control of overgrown vegetation. Notwithstanding the above, the term 'county and municipal codes and ordinances' shall not include:

(A) Those codes and ordinances requiring a permit, unless the alleged violator has failed to secure all necessary valid permits under said codes and ordinances; or

(B) Any local amendments to the state m1mmum standard codes provided for in Code Section 8-2-25 that have not been adopted in conformity with the requirements of subsection (c) of Code Section 8-2-25.
(3) 'Enforcement board' means a local government code enforcement board.

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(4) 'Local governing body' means the governing authority of the county or municipality, however designated.

(5) 'Local governing body attorney' means the legal counselor for the county or municipality.

(6) 'Violation involving the health or safety of a third party' means a violation that creates a legitimate concern for the health and safety of a third party occupant of a dwelling place or that creates an immediate and substantial danger to the environment.
36-74-5.

(a) The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement boards. The local governing body may appoint code enforcement boards consisting of three, five, or seven members. The local governing body may appoint up to two alternate members for each code enforcement board to serve on the board in the absence of board members.

(b) Members of the enforcement boards shall be residents of the municipality, in the case of municipal enforcement boards, or residents of the county, in the case of county enforcement boards. In making appointments to an enforcement board, the local governing body shall make good faith efforts to appoint one or more individuals who have experience or expertise relevant to one or more of the county or municipal codes that are within the subject matter jurisdiction of the respective enforcement board, including individuals with property management and litter control experience; provided, however, that the authority and jurisdiction of an enforcement board shall not in any way be limited due to the absence from its membership of one or more individuals with such experience or expertise.

(c) (1) The initial appointments to a seven-member code enforcement board shall be as follows:

(A) Three members appointed for a term of two years each; and

(B) Four members appointed for a term of four years each.

(2) The initial appointments to a five-member code enforcement board shall be as follows:

(A) Two members appointed for a term of two years each; and

(B) Three members appointed for a term of four years each.

(3) The initial appointments to a three-member code enforcement board shall be as follows:

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(A) One member appointed for a term of two years; and

(B) Two members appointed for a term of four years each.

(4) Upon the expiration of the initial terms specified in paragraphs (1), (2), and (3) of this subsection all terms shall be for three years.

(5) The local governing body of a county or a municipality may reduce a seven-member code enforcement board to five members, or a five-member code enforcement board to three members, upon the simultaneous expiration of the terms of office of two members of the board.

(6) A member may be reappointed upon approval of the local governing body.

(7) An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the chairperson, the enforcement board shall declare the member's office vacant, and the local governing body shall promptly fill such vacancy.

(8) The members shall serve in accordance with ordinances of the local governing body and may be suspended and removed for cause as provided in such ordinances for removal of members of boards. A local governing body may, with or without cause, refuse to reappoint any member of an enforcement board at the expiration of his or her term of office.

(d) The members of an enforcement board shall elect a chairperson, who shall be a voting member, from among the members of the board. The presence of four or more members shall constitute a quorum of any sevenmember enforcement board, the presence of three or more members shall constitute a quorum of any five-member enforcement board, and the presence of two or more members shall constitute a quorum of any three-member enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the local governing body or as otherwise provided by law.

(e) The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board, but in no case shall the local governing body attorney serve in both capacities.

36-74-6.

(a) It shall be the duty of the code inspector to initiate enforcement proceedings pursuant to the various codes; however, no member of a board shall have the power to initiate such enforcement proceedings.

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(b) Except as provided in subsections (c) and (d) of this Code section, if a violation of any code or ordinance is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall proceed with enforcement through the appropriate court or shall proceed with enforcement through the appropriate code enforcement board. If the code inspector proceeds through a code enforcement board, the code inspector shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing, and written notice of such hearing shall be hand delivered or made as provided in Code Section 36-74-12 to said violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in Code Section 36-74-12. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state.
(c) If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing and shall provide written notice pursuant to Code Section 36-74-12. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state.

(d) If the code inspector has substantial reason to believe a violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing.

36-74-7.

(a) Upon request of the code inspector, or at such other times as may be necessary, the chairperson of an enforcement board may call a hearing of an enforcement board; a hearing also may be called by written notice signed by at least three members of seven-member enforcement board or signed by at least two members of a five-member enforcement board. Minutes shall be kept of all hearings by each enforcement board, and all hearings and proceedings shall be open to the public. The local governing body may provide or assign clerical and administrative personnel to assist the enforcement board in the proper performance of its duties.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) Each case before an enforcement board shall be presented by the local governing body attorney or by a code inspector or other member of the administrative staff of the local governing body.

(c) An enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

(d) At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted in this chapter. The findings and conclusions shall be by motion approved by a majority of those members present and voting, except that at least four members of a seven-member enforcement board, or three members of a five-member enforcement board, or two members of a three-member enforcement board, must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the enforcement board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.

36-74-8.

Each enforcement board shall have the power to:

(1) Adopt rules for the conduct of its hearings, which rules shall, at a minimum, ensure that each side has an equal opportunity to present evidence and argument in support of its case;

(2) Subpoena alleged violators and witnesses to its hearings, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance. Subpoenas may be served by the sheriff, marshal, or police department of the county or by the police department of the municipality or by any other individual authorized by Code Section 24-10-23 to serve subpoenas;

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(3) Subpoena evidence to its hearings in the same way as provided in paragraph (2) of this Code section, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance;

(4) Take testimony under oath; and

(5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance.

36-74-9.

(a) An enforcement board, upon notification by the code inspector that an order of the enforcement board has not been complied with by the set time may order the violator to pay an administrative fine in an amount specified in this Code section.

(b) (1) An administrative fine imposed pursuant to this Code section for a violation involving the health or safety of a third party shall not exceed $1000.00 per day.

(2) An administrative fine imposed pursuant to this Code section for a violation that is not a violation involving the health or safety of a third party shall not exceed a total of $1,000.00.

(3) In determining the amount of the fine, if any, the enforcement board shall consider the following factors:

(A) The gravity of the violation;

(B) Any actions taken by the violator to correct the violation; and

(C) Any previous violations committed by the violator.

(4) An enforcement board may reduce a fine imposed pursuant to this Code section.

(c) A certified copy of an order imposing an administrative fine may be recorded in the public records of any county and thereafter shall constitute a lien against the land on which the violation exists and upon any real or personal property owned by the violator. Upon petition to the superior court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. Mter three months from the filing of any such lien which remains unpaid, the enforcement board may request the local governing body attorney to foreclose on the lien.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(d) If an environmental court is in existence with jurisdiction over ordinances subject to the jurisdiction of the enforcement board, the violator may object to the fine imposed and submit to the jurisdiction of the environmental court. The case shall be transferred to the environmental court and handled de novo as an ordinance violation.
36-74-10.
No lien imposed under this chapter shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.
36-74-11.
An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the superior court. Such an appeal shall be a hearing de novo. An appeal shall be filed within 30 days of the execution of the order to be appealed.
36-74-12.

(a) All notices required by this chapter shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; or by leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice.
(b) In addition to providing notice as set forth in subsection (a) of this Code section, at the option of the code enforcement board, notice may also be served by publication or posting, as follows:
(1) Notice may be published once during each week for four consecutive weeks (four publications being sufficient) in the newspaper in which the sheriff's advertisements are printed in the county where the code enforcement board is located. Proof of publication shall be made by affidavit of a duly authorized representative of the newspaper;
(2) If there is no newspaper of general circulation in the county where the code enforcement board is located, three copies of such notice shall be posted for at least 28 days in three different and conspicuous places in such county, one of which shall be at the front door of the courthouse in

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said county. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting; or

(3) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (a) of this Code section. Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (a) of this Code section, together with proof of publication or posting as provided in subsection (b) of this Code section, shall be sufficient to show that the notice requirements of this Code section have been met, without regard to whether or not the alleged violator actually received such notice.

36-74-13.
It is the intent of this chapter to provide an additional or supplemental means of obtaining compliance with local codes. Nothing contained in this chapter shall prohibit a local governing body through its code inspector from enforcing its codes by any other lawful means including criminal and civil proceedings; provided, however, that a local governing body shall not pursue a specific instance of an alleged violation of an ordinance against one violator before both a code enforcement board and a magistrate, municipal, or other court authorized to hear ordinance violations."

SECTION 4.

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

Approved April 28, 2000.

PENAL INSTITUTIONS - EARNED TIME ALLOWANCES BASED UPON INSTITUTIONAL BEHAVIOR.
Code Sections 17-10-4 and 424-7 Amended.
No. 745 (Senate Bill No. 429).
AN ACT
To amend Chapter 10 of Title 17 and Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating respectively to sentence and punishment and penal institutions, so as to change provisions for earned time allowances based upon institutional behavior for certain inmates confined as county inmates for probation violations of felony offenses or after conviction for certain offenses and misdemeanors; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment, is amended in Code Section 17-10-4, relating to punishment for misdemeanors of a high and aggravated nature, by striking subsection (b) in its entirety, and inserting in its place the following:

"(b) Notwithstanding any laws to the contrary, a person sentenced for a misdemeanor of a high and aggravated nature may earn no more than four days per month earned time allowance."
SECTION 2.
Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking in its entirety Code Section 42-4-7, relating to maintenance of inmate records and good-time allowances, and inserting in lieu thereof the following:
"42-4-7.

(a) The sheriff shall keep a record of all persons committed to the jail of the county of which he or she is sheriff. This record shall contain the name of the person committed, such person's age, sex, race, under what process such person was committed and from what court the process issued, the crime with which the person was charged, the date of such person's commitment to jail, the day of such person's discharge, under what order such person was discharged, and the court from which the order issued. This record shall be subject to examination by any person in accordance with the provisions of Article 4 of Chapter 18 of Title 50, relating to the inspection of public records.
(b) (1) The sheriff, chief jailer, warden, or other officer designated by the county as custodian of inmates confined as county inmates for probation violations of felony offenses or as provided in subsection (a) of Code Section 17-10-3 may award earned time allowances to such inmates based on institutional behavior. Earned time allowances shall not be awarded which exceed one-half of the period of confinement imposed.
(2) While an inmate sentenced to confinement as a county inmate IS m custody as a county inmate, the custodian of such inmate may award an earned time allowance consistent with this subsection and subsection (b) of Code Section 17-10-4 based on the institutional behavior of such inmate while in custody as a county inmate.

(3) An inmate sentenced to confinement as a county inmate shall be released at the expiration of his or her sentence less the time deducted for earned time allowances.

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(c) Commencing January 1, 1984, those provisions of subsection (b) of this Code section which provide for good-time allowances to be awarded to inmates sentenced to confinement as county inmates as provided in subsection (a} of Code Section 17-10-3 shall apply to all such inmates in confinement on December 31, 1983, and all inmates who commit crimes on or after January 1, 1984, and are subsequently convicted and sentenced to confinement as county inmates. Conversion of the computation of the sentences of county inmates in confinement on December 31, 1983, from earned time governed sentences to good-time governed sentences shall be made by the sheriff or other custodian of such inmates. Commencing July 1, 1994, those provisions of subsection (b) of this Code section which provide for goodtime allowances to be awarded to inmates sentenced to confinement as county inmates for probation violations of felony offenses shall apply to all such inmates in confinement on June 30, 1994, and all inmates whose probation is revoked or who commit crimes on or after July 1, 1994, and are subsequently sentenced to confinement as county inmates. Commencing July 1, 2000, the award of earned time allowances pursuant to subsection (b) of this Code section for persons who commit crimes on or after July 1, 2000, and are subsequently convicted and sentenced to confinement as county inmates and inmates whose probation is revoked on or after July 1, 2000, or who commit crimes on or after July 1, 2000, and are subsequently sentenced to confinement as county inmates is not automatic or mandatory but shall be based upon institutional behavior."
SECTION 3.

This Act shall become effective on July 1, 2000, and shall apply to persons who commit crimes on or after such date and who are subsequently convicted and sentenced to confinement as county inmates and to persons whose probation is revoked on or after such date or who commit crimes on or after such date and who subsequently are sentenced to confinement as county inmates.

SECTION 4.

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

Approved April 28, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

CRIMES AND OFFENSES - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS; FORFEITURE; DISPOSITION OF PROCEEDS.
Code Section 16-14-7 Amended.

No. 746 (Senate Bill No. 413).

AN ACT
To amend Code Section 16-14-7 of the Official Code of Georgia Annotated, relating to forfeiture proceedings involving racketeer influenced and corrupt organizations, so as to change a provision relating to the disposition of net proceeds from such a forfeiture; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 16-14-7 of the Official Code of Georgia Annotated, relating to forfeiture proceedings involving racketeer influenced and corrupt organizations, is amended by striking subsection (1) and inserting in its place the following:

"(1) The net proceeds of any sale or disposition after satisfaction of the interest of any innocent party, less the greater of one-half thereof or the costs borne by the county in bringing the forfeiture action, shall be paid into the general fund of the state treasury. The costs borne by the county or onehalf of the net proceeds of sale or disposition, whichever is greater, shall be paid into the treasury of the county where the forfeiture action is brought. Notwithstanding any other provision in this Code section, the court may, after satisfaction of the interest of any innocent party, make any other division of the proceeds among the state, county, or municipalities or agencies of the state, county, or municipalities, which is commensurate with the proportion of the assistance that each contributed to the underlying criminal action, forfeiture, or criminal action and forfeiture."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 2000.

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COURTS- PRETRIAL INTERVENTION AND DIVERSION PROGRAMS; PROSECUTING ATTORNEYS AUTHORIZED TO CREATE. Code Title 15 Amended. No. 747 (Senate Bill No. 412). AN ACT

To amend Chapters 13 and 18 of Title 15 of the Official Code of Georgia Annotated, relating respectively to officers of court and prosecuting attorneys, so as to authorize prosecuting attorneys to assess certain costs and fees; to authorize prosecuting attorneys to create and administer Pretrial Intervention and Diversion Programs; to provide for the purpose of such programs and the selection of offenders for such programs; to provide for restitution; to provide for payment of fees to the county; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 13 of Title 15 of the Official Code of Georgia Annotated, relating to officers of court, is amended by striking in its entirety Code Section 15-13-35, relating to demanding excessive or unauthorized costs, and inserting in its place the following:
"15-13-35.

Except as otherwise provided by law, any officer of court who knowingly demands, as costs from a defendant in a criminal case, fees to which such officer is not entitled and any prosecuting attorney who demands or receives any fee or costs on any criminal case which has not been tried by a trial jury or otherwise finally disposed of shall be guilty of a misdemeanor."

SECTION 2.
Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, is amended by striking in its entirety Code Section 1518-26, relating to taking money or a thing of value in exchange for official actions, and inserting in lieu thereof the following:
"15-18-26.

If a district attorney takes or agrees to take from any person money or any other valuable thing which is not authorized by law, the consideration whereof is a promise or undertaking to procure or to try to procure a finding by the grand jury of a 'true bill' or 'no bill' upon an indictment, or to make or not to make a presentment, or to postpone or delay a state case or

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GENERAL ACTS AND RESOLUTIONS, VOL. I

an arrest, or to advise that it be done or how it may be done, and an indictment is handed down or a presentment is made to this effect, the district attorney shall be disqualified from further discharging his or her official duties until a trial is had upon the indictment or presentment. If the trial results in a conviction, he or she shall be fined and imprisoned, at the discretion of the court. Such a conviction is also a ground for impeachment. The disqualification shall continue until the adjournment of the next session of the General Assembly. It shall be the duty of the clerk of the court to certify immediately such proceedings to the Governor."
SECTION 3.

Said chapter is further amended by inserting a new article to be designated Article 4, to read as follows:
"ARTICLE 4
15-18-80.

(a) The prosecuting attorneys for each judicial circuit of this state shall be authorized to create and administer a Pretrial Intervention and Diversion Program.

(b) It shall be the purpose of such a program to provide an alternative to prosecuting offenders in the criminal justice system.

(c) Entry into the program shall be at the discretion of the prosecuting attorney based upon written guidelines.

(d) The prosecuting attorney implementing said program shall create written guidelines for acceptance into and administration of the program. These guidelines shall include, but are not limited to, consideration of the following:

(1) The nature of the crime;

(2) The prior arrest record of the offender; and (3) The notification and response of the victim.

(e) No prosecuting attorney shall accept any offender into the program for an offense for which the law provides a mandatory minimum sentence of incarceration or imprisonment that cannot be suspended, probated, or deferred.

(f) The prosecuting attorney shall be authorized to assess and collect from each offender who enters the program a fee not to exceed $300.00 for the administration of the program. Any fee collected under this subsection shall be made payable to the general fund of the county in which the crime is committed.

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(g) The prosecuting attorney shall be further authorized to collect restitution on behalf of victims. Any restitution collected under this subsection shall be made payable to and disbursed by the clerk of court in the county in which the case would be prosecuted.
(h) No program created pursuant to this Code section shall be construed as a violation of Code Section 15-13-35 or 15-18-26.

15-18-81.
The prosecuting attorney may assess court costs against the defendant for the dismissal of criminal warrants when the affiant is not a peace officer. Any fee collected under this subsection shall be made payable to the general fund of the county in which the crime is committed."

SECTION 4.

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

Approved April 28, 2000.

PUBLIC UTILITIES AND PUBLIC TRANSPORTATION- SOUTHWEST GEORGIA RAILROAD EXCURSION AUTHORITY
Code Title 46, Chapter 9, Article 11 Enacted.
No. 749 (House Bill No. 1654).
AN ACT
To amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to provide for the Southwest Georgia Railroad Excursion Authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, is amended by adding a new Article 11 to read as follows:
"ARTICLE 11.
46-9-320. This article shall be known and may be cited as the 'Southwest Georgia Railroad Excursion Authority Law.'

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GENERAL ACTS AND RESOLUTIONS, VOL. I

46-9-321.

(a) There is created a body corporate and politic to be known as the Southwest Georgia Railroad Excursion Authority, which shall be deemed to be an instrumentality of the state and a public corporation, for the purposes of construction, financing, operation, and development of rail passenger excursion projects utilizing any state owned railway in Crisp and Sumter counties and any nearby county which may be included within the service area as provided by this article.

(b) The authority shall be assigned to the Department of Transportation for administrative purposes only.

46-9-322.

As used in this article, the term:

(1) 'Authority' means the public body corporate and politic created pursuant to this article.

(2) 'Cost of the project' or 'cost of any project' means and shall include: All costs of acquisition, by purchase or otherwise, construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; all costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto including, but not limited to, the costs of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the costs of all fixtures, machinery, equipment, furniture, and other property used in or in connection with or necessary for any project; all financing charges and loan fees and all interest on revenue bonds, notes, or other obligations of the authority which accrues or is paid prior to and during the period of construction of a project and during such additional period as the authority may reasonably determine to be necessary to place such project in operation; all costs of engineering, surveying, architectural, and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; all expenses for inspection of any project; all fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, trust indenture, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; all other costs and expenses incurred relative to the issuance of any revenue bonds, notes, or other obligations for any project; all fees of any type charged by an authority in connection with any project; all expenses of or incident to determining the feasibility or practicability of any

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project; all costs of plans and specifications for any project; all costs of title insurance and examinations of title with respect to any project; repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon, and any other expenses of such loans; administrative expenses of the authority and such other expenses as may be necessary for or incident to any project or the financing thereof or the placing of any project in operation; and a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the authority may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, trust indenture, or similar instrument or agreement pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of revenue bonds, notes, or obligations issued by the authority.
(3) 'Project' means the acquisition, construction, installation, operation, modification, renovation, or rehabilitation of any rail passenger facilities in the service area either directly or through contract with another public or private agency. A project may also include any fixtures, machinery, or equipment used on, in, or in connection with any of the transportation facilities listed above. A project may be for any rail passenger excursion purpose, provided that a majority of the members of the authority determines, by a resolution duly adopted, that the project will further the public purpose of this article.
(4) 'Revenue bonds' and 'bonds' mean any bonds of an authority which are authorized to be issued under the Constitution and laws of the State of Georgia, including refunding bonds but not including notes or other obligations of an authority.
(5) 'Service area' means the geographical area of operations of the authority and shall consist of the Counties of Crisp and Sumter and, with the consent of the appropriate governing authorities thereof, nearby counties, subject to the approval of the authority.

46-9-323.
The authority shall have all of the powers necessary, proper, and convenient to carry out and effectuate the purposes and provisions of this article. The powers enumerated in this Code section are cumulative of and in addition to each other and other powers granted elsewhere in this article; and no

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GENERAL ACTS AND RESOLUTIONS, VOL. I

such power limits or restricts any other power of the authority. Without limiting the generality of the foregoing, the powers of the authority shall include the powers:

(1) To sue and be sued;

(2) To adopt and amend a corporate seal;

(3) To make and execute contracts, agreements, and other instruments necessary, proper, and convenient to exercise the powers of the authority to further the public purpose for which the authority is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for operation of projects, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings with each other relating to projects of the authority for a term not exceeding 50 years. Likewise, without limiting the generality of the above and foregoing, the same authority above granted to municipal corporations, counties, political subdivisions, and to the authority relative to entering into contracts, lease agreements, or other undertakings is authorized between the authority and private corporations, both inside and outside this state, and between the authority and public bodies, including counties and cities outside this state;

(4) To acquire by purchase, lease, condemnation, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character or any interest therein in furtherance of the public purpose of the authority;

(5) To finance, by loan, grant, lease, or otherwise, and to construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes, or other obligations of the authority or any other funds of the authority, or from any contributions or loans by persons, corporations, partnerships, limited or general, or other entities, all of which the authority is empowered to receive and accept and use;

(6) To borrow money to further or to carry out its public purpose and to execute revenue bonds; notes; other obligations; leases; trust indentures; trust agreements; agreements for the sale of its revenue bonds, notes, or

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other obligations; loan agreements; mortgages; deeds to secure debt; trust deeds; security agreements; assignments; and such other agreements or instruments as may be necessary or desirable, in the judgment of the authority, to evidence and to provide security for such borrowing;

(7) To issue revenue bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying or loaning the proceeds thereof to pay all or any part of the costs of any project and otherwise to further or carry out the public purpose of the authority and to pay all costs of the authority incident to, or necessary and appropriate to, furthering or carrying out such purpose;

(8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the authority's public purpose and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source;

(9) To enter into agreements with the federal government or any agency or corporation thereof to use the facilities of the federal government or agency or corporation thereof in order to further or carry out the public purposes of the authority;

(10) To extend credit or make loans to any person; corporation; partnership, limited or general; or other entity for the costs of any project, which credit or loans may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or other instruments or by rentals, revenues, fees, or charges, upon such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds, and, in the exercise of powers granted in connection with any project, the authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provisions or requirements for guarantee of any obligations, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and conditions as the authority may deem necessary or desirable;

(11) As security for repayment of any revenue bonds, notes, or other obligations of the authority, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority, including, but not limited to, real property, fixtures, personal property, and revenues or other funds; and to execute any lease; trust indenture; trust agreement; agreement for the sale of the authority's revenue bonds, notes, or other

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obligations; loan agreement; mortgage; deed to secure debt; trust deed; security agreement; assignment; or other agreement or instrument as may be necessary or desirable in the judgment of the authority to secure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument. The State of Georgia on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein waives any right the state or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority upon such default and agrees that any agreement or instrument encumbering such property may be foreclosed in accordance with law and the terms thereof;

(12) To receive and use the proceeds of any tax levied by the State of Georgia or any county or municipality thereof to pay the costs of any project or for any other purpose for which the authority may use its own funds pursuant to this article;

(13) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts;

(14) To use any real property, personal property, or fixtures or any interest therein; or to rent or lease such property to or from others or make contracts with respect to the use thereof; or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be to the best advantage of the authority and the public purpose thereof;

(15) To acquire, accept, or retain equitable interests, security interests, or other interests in any real property, personal property, or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the authority;

(16) To appoint, select, and employ engineers, surveyors, architects, planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses;

(17) To encourage and promote by means of rail passenger excursion projects the improvement and advancement of the service area and the enhancement and profitability of tourism to the service area and its citizens;

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(18) To make, contract for, or otherwise cause to be made long-range plans or proposals for rail passenger excursion projects within the service area, in cooperation with those political subdivisions within which such projects are located;
(19) To adopt bylaws governing the conduct of business by the authority, the election and duties of officers of the authority, and other matters which the authority determines to deal with in its bylaws;
(20) To exercise any power granted by the laws of the State of Georgia to public or private corporations which is not in conflict with the public purpose of the authority; and

(21) To do all things necessary, proper, and convenient to carry out the powers conferred by this article.
46-9-324.

(a) The authority shall be composed of members appointed by governing authorities of counties and municipalities within the service area as provided by this subsection. The governing authorities of the Counties of Crisp and Sumter and the municipalities of Americus, Cordele, Leslie, and Plains shall each appoint two members. Two members each shall be appointed by the governing authority of any other county which is within the service area, or any municipality within such county, and in which such county or municipality a rail passenger service station or stop of the authority is located. Terms of members appointed by any county governing authority shall expire on December 31, 2002, and biennially thereafter. Terms of members appointed by the governing authority of any municipality shall expire on December 31, 2001, and biennially thereafter. Members shall serve until their successors are appointed and qualified; provided, however, that any member of the authority may be removed at any time, with or without cause, by the governing authority which appointed such member. Any member of the authority may be selected and appointed to succeed himself or herself. Any vacancy shall be filled for the unexpired term, and any appointment to fill a vacancy shall be made in the same manner as the original appointment.

(b) (l) Membership of the authority shall be a civil office for purposes of the eligibility requirements provided by Code Section 45-2-1, except that the residency requirement for any person appointed to the authority shall be residence in the jurisdiction of the appointing local governing authority for a period of at least 12 months prior to such person's appointment.

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(2) A member of the appointing local governing authority may be appointed as a member of the authority, but his or her seat on the authority shall be vacant immediately upon his or her ceasing to be a member of the appointing local governing authority. Such person may be reappointed as a member of the authority to fill such vacancy.

(c) The members of the authority shall in January of each year elect one of their number as chairperson. Also, the members of the authority shall elect one of their number as vice chairperson, shall also elect one of their number as secretary, and may also elect one of their number as treasurer. The secretary may also serve as treasurer. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairperson of the authority shall be entitled to vote upon any issue, motion, or resolution.

(d) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.

(e) A vacancy on the authority shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves such person's residence from the jurisdiction of the appointing authority; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of such person's duties as a member of the authority; who fails to attend at least three consecutive meetings of the authority without an excuse approved by a resolution of the authority; or who is ineligible for civil office for any other reason provided by Code Section 45-2-1.

(f) All meetings of the authority shall be open to the public as provided in Chapter 14 of Title 50 of the O.C.G.A. The authority may hold public hearings on its own initiative or at the request of residents of any area affected by the actions of the authority.

(g) No member or employee of the authority shall have, directly or indirectly, any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority.

(h) The members shall receive no compensation for their services, but all members shall be entitled to be reimbursed out of funds of the authority for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services. Employees of the authority shall not be members of the Employees' Retirement System of Georgia.

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46-9-325.
The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all of the books, together with a proper statement of the authority's financial position, once a year on or about December 31 to the state auditor.
46-9-326.
Revenue bonds, notes, or other obligations issued by the authority shall be paid solely from the property, including, but not limited to, real property, fixtures, personal property, revenues, or other funds pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds, notes, or other obligations. All revenue bonds, notes, and other obligations shall be authorized by resolution of the authority, adopted by a majority vote of the members of the authority at a regular or special meeting. Such revenue bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 40 years from their respective date, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the authority authorizing the issuance of such revenue bonds, notes, or other obligations shall bind the members of the authority then in office and their successors. The authority shall have power from time to time and whenever it deems refunding expedient to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted under this article. The refunding bonds may be exchanged for the bonds to be refunded with such cash adjustments as may be agreed upon or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. There shall be no limitation upon the amount of revenue bonds, notes, or other obligations which any authority may issue. Any limitation with respect to interest rates or any maximum interest rate or rates found in the usury laws of the State of Georgia, or any other laws of the State of Georgia, shall not apply to revenue bonds, notes, or other obligations of the authority.

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46-9-327.
(a) Subject to the limitations and procedures provided by this Code section, the agreements or instruments executed by the authority may contain such provisions not inconsistent with law as shall be determined by the members of the authority.
(b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by the authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this article, all or part of the cost of any project or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with the provisions of this article.
(c) Issuance by the authority of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other project, but the proceeding wherein any subsequent bonds, notes, or other obligations shall be issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds, notes, or other obligations on a parity with such prior issue.
(d) The authority shall have the power and is authorized, whenever bonds of the authority shall have been validated as provided in this article, to issue from time to time its notes in anticipation of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue such bond anticipation notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. Such notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution or resolutions authorizing bonds of the authority or any issue thereof, and the authority may include in any notes any terms, covenants, or conditions which the authority is authorized to include in any bonds. Validations of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued.

GEORGIA LAWS 2000 SESSION

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(e) All bonds issued by the authority under this article shall be issued and validated under and in accordance with Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' as heretofore and hereafter amended, except as provided in this article, provided that notes and other obligations of the authority may be, but shall not be required to be, so validated.

(f) Bonds issued by the authority may be in such form, either coupon or fully registered or both coupon and fully registered, and may be subject to exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide.
(g) Bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the judicial circuit in which the issuing authority is located may be made on the certificate of validation of such bonds by facsimile or by manual execution stating the date on which such bonds were validated, and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state.
(h) In lieu of specifying the rate or rates of interest which bonds to be issued by an authority are to bear, the notice to the district attorney or Attorney General; the notice to the public of the time, place, and date of the validation hearing; and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or that, in the event the bonds are to bear different rates of interest for different maturity dates, that note of such rates will exceed the maximum rate which may be fixed or may fluctuate or otherwise change from time to time so specified; provided, however, that nothing contained herein shall be construed as prohibiting or restricting the right of the authority to sell' such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint.
(i) The terms 'cost of the project' or 'cost of any project' shall have the meaning prescribed in this article whenever referred to in bond resolutions of the authority; in bonds, notes, or other obligations of the authority; or in notices or proceedings to validate such bonds, notes, or other obligations of the authority.

(j) The issuance of any bond, revenue bond, note, or other obligation or the incurring of any debt by the authority must, prior to such, be approved by the Georgia State Financing and Investment Commission established by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor.

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46-9-328.

The implementation of rail passenger excursion projects within the service area develops and promotes, for the public good and general welfare, trade, commerce, tourism, industry, and employment opportunities and promotes the general welfare of the state by creating a climate favorable to the location of new industry, trade, and commerce and the development of existing industry, trade, and commerce within the State of Georgia. Implementation of rail passenger excursion projects within the service area under this article will develop and promote, for the public good and general welfare, trade, commerce, tourism, industry, and employment opportunities and will promote the general welfare of the state. It is therefore in the public interest and is vital to the public welfare of the people of Georgia, and it is declared to be the public purpose of this article to so develop rail passenger excursion projects within the service area. No bonds, notes, or other obligations, except refunding bonds, shall be issued by the authority pursuant to this article unless its membership adopts a resolution finding that the project for which such bonds, notes, or other obligations are to be issued will promote the foregoing objectives.

46-9-329.

The provisions of this article shall be liberally construed to effect its stated purpose. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under the Georgia laws regulating the sale of securities, as heretofore and hereafter amended. No notice, proceeding, or publication except those required by this article shall be necessary to the performance of any act authorized by this article, nor shall any such act be subject to referendum.

46-9-330.

No bonds, notes, or other obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation of the State of Georgia or any county, municipal corporation, or political subdivision thereof nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or any such county, municipal corporation, or political subdivision. No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state or any county, municipal corporation, or political subdivision thereof nor to enforce the payment thereof against the state or any such county, municipal corporation, or political subdivision.

1

GEORGIA LAWS 2000 SESSION

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46-9-331.
The authority is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of the state, that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the powers conferred upon it by this article, and for such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued hereunder that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state.

46-9-332.
The authorization for rail passenger excursion projects provided by this article shall be in addition to and not limited by any other authorization for rail passenger service or rail passenger service projects provided by this chapter."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Approved April 28, 2000.

EDUCATION - SPORTS PROGRAMS; GENDER EQUITY
Code Sections 20-2-314 and 20-2-315 Enacted. Code Section 50-8-8 Amended.
No. 750 (House Bill No. 1308).
AN ACT
To enact the "Equity in Sports Act"; to provide for a short title; to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," so as to prohibit discrimination based on gender in elementary and secondary school athletic programs; to provide for the operation or sponsorship of separate athletic teams for members of each gender under certain cir-

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cumstances; to require local school systems to provide equal athletic opportunity for members of both genders; to provide for the offering of athletic activities or sports for which athletic scholarships are available, under certain circumstances; to require local school systems to designate an employee or employees to coordinate compliance and to adopt and publish grievance procedures, including procedures regarding written decisions and appeals; to provide for actions that may be taken by the State Board of Education upon determining that a local school system has failed to comply with this Act; to provide for the preparation of reports by the Department of Education regarding compliance of local school systems; to provide that no high school which receives funds under the "Quality Basic Education Act" shall participate in or sponsor interscholastic sports events which are conducted under the authority of any athletic association unless the charter, bylaws, or governing documents of such athletic association comply with certain requirements relating to gender equity in interscholastic events in which public high schools participate, open records and open meetings with respect to the association's public school activities, and reporting to the General Assembly; to amend Code Section 50-8-8 of the Official Code of Georgia Annotated, relating to grants and other disbursements of funds by the Department of Community Affairs, so as to provide that the Department of Community Mfairs shall not make certain grants to certain local school systems for the construction or operation of athletic facilities; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as the "Equity in Sports Act."

SECTION 2.

Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," is amended by adding at the end thereof new Code Sections 20-2-314 and 20-2-315, to read as follows:

"20-2-314.

(a) No student shall, on the basis of gender, be excluded from participation in, be denied the benefits of, be treated differently from another student, or otherwise be discriminated against in any interscholastic or intramural athletics offered by a local school system, and no local school system shall provide any such athletics separately on such basis.

(b) Notwithstanding the requirements of subsection (a) of this Code section, a local school system may operate or sponsor separate teams for members of each gender where selection for such teams is based upon competi-

GEORGIA lAWS 2000 SESSION

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tive skill or the activity involved is a contact sport. However, where a local school system operates or sponsors a team in a particular sport for members of one gender but operates or sponsors no such team for members of the other gender, and athletic opportunities for members of that gender in that particular sport have previously been limited, members of the excluded gender must be allowed to try out for the team offered unless the sport involved is a contact sport. Nothing in this subsection shall be construed to limit the authority of a local school system to operate or sponsor a single team for a contact sport that includes members of both genders. As used in this subsection, the term '~ontact sport' includes boxing, wrestling, rugby, ice hockey, football, basketball and any other sport the purpose or major activity of which involves bodily contact.

(c) A local school system which operates or sponsors interscholastic or intramural athletics shall undertake all reasonable efforts to provide equal athletic opportunity for members of both genders. In determining whether equal opportunities are available the following factors shall be considered:

(1) Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both genders;

(2) The provision of equipment and supplies;

(3) Scheduling of games and practice time;

(4) Travel allowance;

(5) Opportunity to receive coaching and academic tutoring;

(6) Assignment and compensation of coaches and tutors;

(7) Provision of locker rooms and practice and competitive facilities;

(8) Provision of medical and training facilities and services; and

(9) Publicity.

Unequal aggregate expenditures for members of each gender or unequal expenditures for male and female teams if a local school system operates or sponsors separate teams will not constitute noncompliance with this subsection, but the failure to provide essential funds for the basic operations of teams for one gender may be considered in assessing equality of opportunity for members of each gender. Nothing in Code Section 20-2411 shall be construed to limit the authority of a local school system to expend school tax funds as authorized by Article VIII, Section VI, Paragraph I (b) of the Constitution in order to comply with the requirements of this Code section.

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(d) A local school system may provide separate toilet, locker room, and shower facilities on the basis of gender, but such facilities shall be comparable to such facilities provided for students of the other gender.

(e) This Code section does not prohibit the grouping of students in physical education classes by gender.

(f) (1) Subject to the provisions of paragraph (3) of this subsection, if a local school system sponsors an athletic activity or sport at a particular school that is similar to a sport for which an institution in the University System of Georgia offers an athletic scholarship, it must sponsor the athletic activity or sport for which a scholarship is offered at that school. This paragraph does not affect academic requirements for participation nor prevent the local school system from sponsoring activities in addition to those for which scholarships are provided.

(2) Two athletic activities or sports that are similar may be offered simultaneously.

(3) If a local school system demonstrates by a bona fide survey of eligible students at the school, which is approved by the Department of Education for compliance with generally accepted opinion survey principles regarding neutral wording and other matters, that there is insufficient interest among students at the school to field a team described in paragraph (1) of this subsection, then the local school system shall not be required to sponsor such athletic activity or sport at that school. The exemption provided for by this paragraph shall be valid for 24 months following the date when the most recent bona fide student survey demonstrating a lack of student interest was completed, unless a new bona fide student survey is conducted within the 24 month period that demonstrates sufficient interest to field a team. If such a new bona fide student survey demonstrates such sufficient interest, then the local school system must comply with paragraph (1) of this subsection during the local school system's next fiscal year and until such time as a new bona fide student survey demonstrates insufficient interest to field a team described in paragraph (1) of this subsection. A local school system shall conduct the bona fide student survey described in this paragraph regarding interest in a team described in paragraph (1) of this subsection upon the request of nine students at the school, but no more frequently than once every 12 months.

(4) Nothing in this subsection shall be construed to preclude the application of generally applicable policies or rules regarding the cancellation of an athletic activity or sport due to lack of student participation in scheduled practices or contests.

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(g) Each local school system shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this Code section, including the investigation of any complaint communicated to such local school system alleging its noncompliance with this Code section. The employee designated under this subsection may be the same person required to be designated under 34 C.F.R. Section 106.8. The local school system annually shall notify all its students of the name, office address, and office telephone number of the employee or employees appointed pursuant to this subsection. Such notification may be included in a student handbook distributed pursuant to Code Section 20-2-736.
(h) Each local school system shall adopt and publish grievance procedures providing for prompt and equitable resolution of written student complaints, including complaints brought by a parent or guardian on behalf of his or her minor child who is a student, alleging any action which would be a violation of this Code section. Such procedures shall require that:

(1) The employee designated under subsection (g) of this Code section shall render his or her decision in writing no later than 30 days after receipt of the complaint, and such decision shall set forth the essential facts and rationale for the decision;

(2) A copy of such decision shall be provided to the complainant within five days of the date of the decision; and
(3) A complainant shall have a right to appeal such decision to the local board within 35 days of the date of the decision.

(i) (l) A complainant may appeal a decision of a local board that is rendered under subsection (h) of this Code section in accordance with the procedures specified in Code Section 20-2-1160. If the State Board of Education determines that a local school system has failed to comply with this Code section, then the state board shall provide the local school system with opportunities to prepare a corrective plan. If the state board determines that a corrective plan of the local school system adequately plans and provides for future compliance with this Code section, then the state board shall approve the plan and direct the local school system to implement such plan.

(2) If, upon a complaint filed pursuant to subsection (h) of this Code section after one year following the date of a state board order directing implementation of a corrective plan pursuant to paragraph (1) of this subsection but within four years of the date of such order, the state board determines that the local school system which was subject to such order has willfully failed to comply with this Code section, the state board may, after consideration of the local school system's efforts to implement the

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corrective plan approved in the earlier proceeding and of any other corrective plan that may be submitted by the local school system, transmit a certification of such determination to the Department of Community Mfairs. If the state board's determination of noncompliance is later reversed or vacated upon appeal, the state board shall immediately notify the Department of Community Affairs of such action.
(3) If, upon a complaint filed pursuant to subsection (h) of this Code section after one year following the date of a state board certification to the Department of Community Affairs pursuant to paragraph (2) of this subsection but within four years of the date of such order, the state board determines that the local school system which was subject to such order has willfully failed to comply with this Code section, the state board may, after consideration of the local school system's efforts to implement a corrective plan approved in an earlier proceeding and of any other corrective plan that may be submitted by the local school system, order that a team or teams within the local school system or school within the local school system shall not participate in interscholastic postseason athletic contests and that participation in violation of such an order may result in withholding of state funds allotted pursuant to Code Section 20-2-186. An order of the state board barring participation in interscholastic postseason athletic contests shall be made and announced before the beginning of a school year.
(4) If, upon a complaint filed pursuant to subsection (h) of this Code section after one year following the date of a state board order prohibiting participation in interscholastic postseason athletic contents pursuant to paragraph (3) of this subsection but within four years of the date of such order, the state board determines that the local school system which was subject to such order has willfully failed to comply with this Code section, the state board may, after consideration of the local school system's efforts to implement a corrective plan approved in an earlier proceeding and of any other corrective plan that may be submitted by the local school system, withhold state funds that are allotted pursuant to Code Section 20-2186 in an amount that the state board determines is sufficient to secure the local school system's compliance with this Code section. In the event that state funds are withheld pursuant to this paragraph, such funds shall later be allotted to the local school system at such time as the state board determines that the local school system is in compliance with this Code section.
(j) No later than October 1, 2003, and every year thereafter, the Department of Education shall submit a report to the General Assembly regarding the compliance of local school systems with the requirements of this Code section. Such report shall include information regarding expenditures and participation rates for each gender and such other information as the state board and department deem relevant. Each report shall cover the time pe-

GEORGIA lAWS 2000 SESSION

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riod beginning on July 1 of the previous year and ending on June 30 of the year in which the report is due. The initial report due on October 1, 2003, shall cover the time periods of July 1, 2000, through June 30, 2001; July 1, 2001, through June 30, 2002; and July 1, 2002, through June 30, 2003.

20-2-315.

(a) As used in this Code section, the term 'athletic association' means any association of schools or any other similar organization which acts as an organizing, sanctioning, scheduling, or rule-making body for interscholastic athletic events in which public high schools in this state participate.

(b) No high school which receives funding under this article shall participate in, sponsor, or provide coaching staff for interscholastic sports events which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association unless the charter, bylaws, or other governing documents of such athletic association comply with this Code section. In order to comply with this Code section, such charter, bylaws, or other governing documents shall provide that:

(l) The athletic association shall comply with the requirements of subsections (a) through (f) of Code Section 20-2-314, as those requirements relate to the athletic association's functions of organizing, sanctioning, scheduling, or rule making for events in which public high schools participate;

(2) The athletic association shall comply with the requirements of Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, and Chapter 14 of Title 50, relating to open and public meetings, to the extent that such records and meetings relate to the athletic association's activities with respect to public high schools; provided, however, that such athletic association shall not be required to comply with such statutes or to conduct open and public meetings or provide inspection of records where the sole subject of such meeting or record pertains to the academic records or performance of an individual student or the eligibility of an individual student to participate or to continue to participate in sponsored events or contests based on academics; provided, further, however, that where a meeting or record of such association is devoted in part to matters excepted in the preceding proviso, any portion of the meeting or record not subject to such exception shall be open to the public; and

(3) The athletic association shall, no later than October 1, 2003, and every year thereafter, submit a report to the General Assembly regarding its compliance with paragraph (1) of this subsection. Such report shall address the number, type, and disposition of written requests for the association to organize and administer regional or state events for additional

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or different sports; written requests for information regarding the types of athletic events for public high school students that the association organizes and administers; and written inquiries and complaints received by the association with respect to gender discrimination in connection with public high school events. The report shall address all such written requests, inquiries, and complaints, regardless of whether such request, inquiry, or complaint is made by letter, e-mail, memorandum, or any other form of written communication. Each report shall cover the time period beginning on July 1 of the previous year and ending on June 30 of the year in which the report is due. The initial report due on October 1, 2003, shall cover the time periods of July 1, 2000, through June 30, 2001; July 1, 2001, through June 30, 2002; and July 1, 2002, through June 30, 2003. In addition, the athletic association shall have in effect a policy requiring notification to persons who make such requests, inquiries, or complaints verbally that such request, inquiry, or complaint will not be included in the association's reporting to the General Assembly regarding compliance with this Code section unless such request, inquiry, or complaint is made in writing."

SECTION 3.

Code Section 50-8-8 of the Official Code of Georgia Annotated, relating to grants and other disbursements of funds by the Department of Community Mfairs, is amended by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall make grants to eligible recipients or qualified local governments, which grants are specified by amount, recipient, and purpose in an appropriation to the department; provided, however, that the department shall not make such a grant to any county or independent board of education for the construction or operation of athletic facilities during the fiscal year following the receipt by the department of certification by the State Board of Education that the county or independent board of education is not in compliance with the requirements of Code Section 20-2-314. The department shall also grant to any school district the proceeds of any general obligation debt for educational facilities for which the department is named user agency and the school district is named recipient in an appropriation authorizing the debt. The department may make grants to eligible recipients or qualified local governments from appropriations made to the department generally for grant purposes, without appropriations language specifying amounts, recipients, and purposes. The department:

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(1) Shall disburse such grants on the basis of criteria which include consideration of matters such as legislative intent; local, regional, or state-wide impact or benefit; public exigencies or emergencies; enhancement of community and economic development opportunities; improvement or expansion of government operations or services; community health, safety, and economic well-being; coordinated and comprehensive planning in accordance with minimum standards and procedures; and any other similar criteria that may from time to time be established by the department; and

(2) May condition the award of any such grants to a county or municipality upon the county or municipality, as the case may be, being a qualified local government."
SECTION 4.

This Act shall become effective on July 1, 2000. SECTION 5.

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

Approved April 29, 2000.

LABOR AND INDUSTRIAL RElATIONS - REHABILITATIVE SERVICES DIVISION; GEORGIA INDUSTRIES FOR THE BLIND; TRANSFERS FROM DEPARTMENT OF HUMAN RESOURCES TO DEPARTMENT OF LABOR.
Code Titles 34 and 15, 30, 31, 45, 49, and 50 Amended.
No. 751 (House Bill No. 172).
AN ACT
To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to transfer the Division of Rehabilitation Services, including but not limited to the disability adjudication section and the Roosevelt Warm Springs Institute for Rehabilitation, from the Department of Human Resources to the Department of Labor; to provide for definitions; to provide for the transfer of programs, institutions, and property; to provide for the transfer of funds, positions, officers, employees, agents, and other personnel and for rights and benefits relating thereto; to provide for consultations regarding certain changes and provide for availability of records and information; to provide for powers, duties, and functions of the Division of Rehabilitation Services of the Department of Labor; to provide for responsibility for accrued compensatory time; to provide for service delivery regions; to provide for rules and regulations, policies, and orders and for rights and duties under certain agreements; to provide for duties, powers, and functions of

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the Commissioner of Labor and the Department of Labor; to provide for the director of the Division of Rehabilitation Services and the duties, functions, and compensation thereof; to provide for funding, agreements, budgeting, and appropriations; to provide for gifts; to provide for rehabilitation services and financial assistance; to provide for hearings and administrative procedure; to provide for rights and for subrogation and liens; to provide for property and its disposition; to prohibit certain conduct and provide for penalties; to provide for amendments and repeal and rights relating thereto; to provide for vending facilities for certain persons with disabilities; to amend Chapter 2 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Industries for the Blind, so as to transfer the direction and supervision of such industries to the Department of Labor; to provide for property and reserve funds of such industries; to provide for compensation of workers in such industries; to specifically repeal certain laws and change and correct cross-references to certain laws and to the Division of Rehabilitation Services; to substitute "persons with disabilities" for certain terms; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by adding at the end a new chapter to read as follows:
"CHAPTER 15 ARTICLE 1
34-15-1.
As used in this chapter, the term or terms:
(1) 'Blind person' means a person who has:

(A) Not more than 20/200 central visual acuity in the better eye after correction; or

(B) An equally disabling loss of the visual field. (2) 'Commissioner' means the Commissioner of Labor. (3) 'Department' means the Department of Labor.

(4) 'Director' means the official of the division who is charged with the administration of its functions under this chapter.
(5) 'Disability to employment' means a physical or mental condition which constitutes, contributes to, or, if not corrected, will probably result in an impairment of occupational performance.

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(6) 'Division' means the Division of Rehabilitation Services of the Department of Labor.
(7) 'Occupational license' means any license, permit, or other written authority required by any governmental unit to be obtained in order to engage in an occupation.
(8) 'Person with disabilities' means an individual having a physical or mental impairment that substantially limits one or more of the major life activities.
(9) 'Prosthetic appliance' means any artificial device necessary to support or take the place of a part of the body or to increase the acuity of a sense organ.
(10) 'Regulations' means regulations made by the Commissioner and promulgated in the manner prescribed by law.
(11) 'Rehabilitation center' means a facility operated for the purpose of assisting in the rehabilitation of persons with disabilities which provides one or more of the following types of services:
(A) Testing, fitting, or training in the use of prosthetic devices;
(B) Prevocational or conditioning therapy;
(C) Physical, corrective, or occupational therapy; or
(D) Adjustment training or evaluation or control of special disabilities; or a facility in which a coordinated approach is made to the physical, mental, and vocational evaluation of persons with disabilities and an integrated program of physical restoration and relating training is provided under competent professional supervision and direction.
(12) 'Rehabilitation training' means all necessary training provided to a person with disabilities to compensate for his or her disability to employment, including, but not limited to, manual preconditioning, relating, vocational, and supplementary training and training provided for the purpose of developing occupational skills and capacities.
(13) 'Vocational rehabilitation' and 'vocational rehabilitation services' mean any service, provided directly or through public or private instrumentalities, found by the director to be necessary to compensate a person with disabilities for his or her disability to employment and to enable such individual to engage in a remunerative occupation.
(14) 'Workshop' means a place where any manufacture or handwork is carried on and which is operated for the primary purpose of providing rehabilitative activities, including the use of monetary rewards as an incen-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

tive practice for persons with disabilities unable to engage in the competitive labor market. Persons receiving services in workshops shall not be considered as employees of the state for workers' compensation, retirement, or any other purposes.

34-15-2.

(a) The Division of Rehabilitation Services within the Department of Human Resources, including the disability adjudication section and the Roosevelt Warm Springs Institute for Rehabilitation, is transferred to the Department of Labor on July 1, 2001, and that division shall become the Division of Rehabilitation Services of the Department of Labor on July 1, 2001. The functions, duties, programs, institutions, and authority of the Division of Rehabilitation Services which were vested in the Department of Human Resources on June 30, 2001, are vested in the Department of Labor effective July 1, 2001. The division shall be administered by a director appointed by the Commissioner. The policy-making functions which were vested in the Board of Human Resources or the Department of Human Resources pertaining to the Division of Rehabilitation Services are vested in the Commissioner of Labor effective July 1, 2001.

(b) The Department of Labor shall, from July 1, 2001, assume possession and control of all records, papers, equipment, supplies, office space, and all other tangible property possessed and controlled by the Department of Human Resources as of June 30, 2001, in the Department of Human Resources' administration of the Division of Rehabilitation Services. All funds attributable to the Division of Rehabilitation Services and its programs and institutions from state, federal, and any other public or private source, shall be transferred to the Department of Labor on July 1, 2001.

(c) The Department of Human Resources shall calculate, in consultation with the Department of Labor, the amount of all funds of or attributable to the Division of Rehabilitation Services and its programs and institutions from any source that are used to provide administrative or other services within the Department of Human Resources, including funds from the disability adjudication section, the cost allocation system, and any indirect costs funding from the federal government or any other source. The amount calculated shall be transferred to the Department of Labor on July 1, 2001. Any changes or amendments made to the structure or placement of division programs and institutions, the allocation and expenditure of division funds, division rules, regulations, policies and procedures, or the administrative orders of the Department of Human Resources pertaining to the division, between the date this subsection becomes effective and July 1, 2001, shall be made in consultation with the Commissioner of Labor. In addition, on and after this subsection becomes effective, the Department of Human Resources shall make available to the Department of Labor all records and information

GEORGIA LAWS 2000 SESSION

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of the Deparunent of Human Resources and the Division of Rehabilitation Services which relate to the functions, duties, and administration of the division, to assist in the orderly transfer of the division to the Department of Labor.
(d) All officers, employees, and agents of the Division of Rehabilitation Services who, on June 30, 2001, are engaged in the performance of a function or duty which shall be vested in the Division of Rehabilitation Services of the Department of Labor on July 1, 2001, by this chapter, shall be automatically transferred to the Department of Labor on July 1, 2001. An equivalent number of positions or funds of the Department of Human Resources which provide administrative support to the Division of Rehabilitation Services shall be transferred to the Department of Labor on July 1, 2001. Such persons shall be subject to the employment practices and policies of the Department of Labor on and after July 1, 2001, but consistent with the compensation and benefits of other employees of that deparunent holding positions substantially the same as the transferred employees, the compensation and benefits of such transferred employees shall not be reduced. Employees who are subject to the State Merit System of Personnel Administration and who are transferred to the Division of Rehabilitation Services of the Department of Labor shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 2001, shall not be impaired or interrupted by the transfer of such employees, and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2001. Accrued annual and sick leave shall be retained by said employees as employees of the Department of Labor. The Department of Human Resources shall be responsible for payment of the accrued Fair Labor Standards Act compensatory time possessed by said employees. Such accrued compensatory time shall be used by or paid to said employees prior to July 1, 2001.
(e) (1) The Division of Rehabilitation Services of the Department of Labor is the designated state unit for the vocational rehabilitation program.

(2) The Division of Rehabilitation Services of the Department of Labor shall conform to federal standards in all respects necessary for receiving federal grants and the Commissioner of the Department of Labor is authorized and empowered to effect such changes as may, from time to time, be necessary in order to comply with such standards.
(3) The Division of Rehabilitation Services of the Department of Labor is authorized to employ, on a full or part-time basis, such medical, psychiatric, social work, supervisory, institutional, and other professional person-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

nel and such clerical and other employees as may be necessary to discharge the duties of the division under this chapter. The division is also authorized to contract for such professional services as may be necessary.
(4) Classified employees of the Division of Rehabilitation Services of the Department of Labor under this chapter shall in all instances be employed and dismissed in accordance with rules and regulations of the State Merit System of Personnel Administration.
(5) All personnel of the Division of Rehabilitation Services of the Department of Labor are authorized to be members of the Employees' Retirement System of Georgia as provided in Chapter 2 of Title 47. All rights, credits, and funds in that retirement system which are possessed by state personnel transferred by provisions of this chapter to the Department of Labor, or otherwise had by persons at the time of employment with that department, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the Division of Rehabilitation Services of the Department of Labor.
(f) The Department of Labor shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources which are in effect on June 30, 2001, and which relate to the functions of the Division of Rehabilitation Services. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise provided by law.
(g) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2001, by the Department of Human Resources or the Division of Rehabilitation Services pertaining to the Division of Rehabilitation Services transferred to the Department of Labor by this chapter shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the Department of Labor. In all such instances, the Department of Labor shall be substituted for the Department of Human Resources or the Division of Rehabilitation Services, and the Department of Labor shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions.

(h) The Division of Rehabilitation Services of the Department of Labor shall conform all service delivery regions to the state service delivery regions provided in subsection (a) of Code Section 50-4-7.
34-15-3.

In carrying out his or her duties under this chapter, the director of the Division of Rehabilitation Services of the Department of Labor:

GEORGIA LAWS 2000 SESSION

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(1) Shall, with the approval of the Commissioner, prepare such regulations for promulgation by the Commissioner as he or she finds necessary to carry out the purposes of this chapter;

(2) Shall, with the approval of the Commissioner, prepare such policies and procedures as he or she finds necessary for the purposes of this chapter and establish appropriate subordinate administrative units within the division;
(3) Shall recommend to the Commissioner for appointment such personnel as he or she deems necessary for the efficient performance of the functions of the division;

(4) Shall prepare and submit to the Commissioner annual reports of activities and expenditures and, prior to each regular session of the General Assembly, estimates of sums required for carrying out this chapter and estimates of the amounts to be made available for this purpose from all sources;

(5) Shall make certification for disbursement, in accordance with regulations, of funds available for carrying out the purposes of this chapter;

(6) May, with the approval of the Commissioner, delegate to any officer or employee of the division such of his or her powers and duties, except the making of regulations and the appointment of personnel, as he or she finds necessary to carry out the purposes of this chapter; and

(7) Is designated as the administrator of a program provided under Section 221 of the federal Social Security Act, relating to disability adjudication services. The director shall receive, notwithstanding any other provision of law and in addition to his or her regular compensation, such compensation and allowance as may be augmented from grants by the appropriate federal agency in such amount as is determined by the federal agency to be commensurate with the duties imposed by Section 221 of the federal Social Security Act.
34-15-4.

The department, through the division, shall provide the services authorized by this chapter to persons with disabilities determined to be eligible therefor; and, in carrying out the purposes of this chapter, the division is authorized, among other things:

(1) To cooperate with other departments, agencies, and institutions, both public and private, in providing the services authorized by this chapter to persons with disabilities; in studying the problems involved therein; and in

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GENERAL ACTS AND RESOLUTIONS, VOL. I

establishing, developing, and providing, in conformity with the purposes of this chapter, such programs, facilities, and services as may be necessary or desirable;

(2) To enter into reciprocal agreements with other states to provide for the services authorized by this chapter to residents of the state concerned;

(3) To conduct research and compile statistics relating to the provision of services or the need of services by persons with disabilities;

(4) To license blind persons or other persons with disabilities to operate vending facilities under its supervision and control, subject to the terms and conditions provided in regulations, policies, and procedures issued pursuant to paragraphs (1) and (2) of Code Section 34-15-3, on:

(A) State property;

(B) County or municipal property;

(C) Federal property, pursuant to delegation of authority under the Randolph-Sheppard Act (20 U.S. Code, Section 107b) (49 Stat. 1559) and any amendment thereto or any act of Congress relating to this subject; and

(D) Private property; and

(5) To provide for the establishment, supervision, and control of suitable business enterprises to be operated by persons with disabilities.

34-15-5.

The Division of Rehabilitation Services is authorized to utilize funds made available from appropriations by Congress, by gifts or grants from private sources, by appropriations of the General Assembly, or by transfer of funds from other state departments for the purpose of establishing and operating rehabilitation centers and workshops.

34-15-6.

The department, through the division, is empowered and directed to cooperate, pursuant to agreements with the federal government, in carrying out the purposes of any federal statutes pertaining to the purposes of this chapter. The department is authorized to adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of such agreements and to comply with such conditions as may be necessary to secure the full benefits of such federal statutes and appropriations, to administer any legislation pursuant thereto enacted by this state, to direct the disbursement and administer the use of all funds

GEORGIA LAWS 2000 SESSION

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provided by the federal government or this state for the purposes of this chapter, and to do all things necessary to ensure the vocational rehabilitation of persons with disabilities.
34-15-7.

The Office of Treasury and Fiscal Services is designated as custodian of all moneys received from the federal government for the purpose of carrying out any federal statutes pertaining to the purpose of this chapter. The Office of Treasury and Fiscal Services shall make disbursements from such funds and all state funds available for such purposes, upon certification in the manner provided in paragraph (5) of Code Section 34-15-3.

34-15-8.
Budget estimates of the amount of appropriations needed each fiscal year for vocational rehabilitation services and for the administration of the programs under this chapter shall be submitted by the director to the Commissioner and, upon approval by the Commissioner, shall be included in the estimates made by the Commissioner to the Office of Planning and Budget. In the event federal funds are available to the state for vocational rehabilitation purposes, the Division of Rehabilitation Services is authorized to comply with such requirements as may be necessary to obtain said federal funds in the maximum amount and most advantageous proportion possible insofar as this may be done without violating other provisions of the state law and Constitution. In the event Congress fails in any year to appropriate funds for grants-in-aid to the state for vocational rehabilitation purposes, the Commissioner shall include as a part of his or her budget a request for adequate state funds for vocational rehabilitation purposes.

34-15-9.
The director is authorized and empowered, with the approval of the Commissioner, to accept and use gifts made unconditionally, by will or otherwise, for carrying out the purposes of this chapter. Gifts made under such conditions as are proper and consistent with this chapter may be so accepted and shall be held, invested, reinvested, and used in accordance with the conditions of the gift.

34-15-10.
(a) Vocational rehabilitation services shall be provided to any qualified individual who is a bona fide resident of the state.
(b) The financial need of eligible persons with disabilities will be considered in the provision of vocational rehabilitation services to the extent allowed by federal or other state law.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

34-15-11.

The Division of Rehabilitation Services of the Department of Labor is the designated state unit for the independent living program. The independent living program is authorized to provide or contract for the provision of such services as may be needed to enable persons with disabilities to attain the maximum degree of independent living. The powers delegated and authorized in this Code section for the division shall be in addition to those previously authorized by any other law. The department is authorized to cooperate with any federal agency in the administration of such a program.
34-15-12.

Any individual applying for or receiving vocational rehabilitation services who is aggrieved by any action or inaction of the division shall be entitled, in accordance with regulations, to a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act' and in accordance with applicable federal laws and regulations.

34-15-13.
Any rights of persons with disabilities to maintenance under this chapter shall not be transferable or assignable at law or in equity and shall be exempt from the claims of creditors.
34-15-14.
Where a person with disabilities who receives vocational rehabilitation services is covered by a hospitalization or medical insurance policy, the Division of Rehabilitation Services shall be subrogated to the rights of such person with disabilities to recover in an amount not to exceed the cost of vocational rehabilitation services rendered by the Division of Rehabilitation Services, exclusive of those services for which eligibility is not predicated on the need for financial assistance. Where the person with disabilities receives vocational rehabilitation services without disclosing that he or she is covered by a hospitalization or medical insurance policy, he or she shall be liable therefor to the Division of Rehabilitation Services in an amount not to exceed the cost of rehabilitation services rendered, exclusive of those services for which eligibility is not predicated on the need for financial assistance, or in an amount not to exceed the insurance reimbursement received, whichever is the lesser.
34-15-15.

Where a person with disabilities who receives vocational rehabilitation services is entitled to recover damages for said injuries, the Division of Rehabilitation Services shall have a lien, in an amount not to exceed the cost of rehabilitation services rendered, upon any and all causes of action accruing to the individual to whom such services were furnished, or to the legal repre-

GEORGIA LAWS 2000 SESSION

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sentative of such individual, on account of injuries giving rise to such cause of action and which necessitated such rehabilitation services, subject, however, to any attorney's lien. In order to perfect such lien, the Division of Rehabilitation Services shall file in the office of the clerk of the superior court of the county wherein the individual resides, a verified statement setting forth the name and address of such individual; the name and address of the Division of Rehabilitation Services; the amount claimed to be due for such vocational rehabilitation services; and, to the best of claimant's knowledge, the names and addresses of all persons, firms, or corporations claimed by such injured individual, or the legal representative of such individual, to be liable for damages arising from such injuries. The Division of Rehabilitation Services shall also, within one day after the filing of such claim or lien, mail a copy thereof to any person, firm, or corporation so claimed to be liable for such damages to the addresses as given in such statement. The filing of such claim or lien shall be notice thereof to all persons, firms, or corporations liable for such damages, whether or not they are named in such claim or lien. The clerk of the court shall endorse thereon the date and hour of filing in the hospital lien book, along with the name of the claimant, the injured person, the amount claimed, and the names and addresses of those claimed to be liable for damages. Such information shall be recorded in the name of the injured individual. The clerk shall be paid $1.00 as his fee for such filing. No release for such cause or causes of action or any judgment thereon, or any covenant not to sue thereon, shall be valid or effectual as against such lien unless the holder thereof shall join therein or execute a release of such lien; and the claimant of such lien may enforce the lien by an action against the person, firm, or corporation liable for such damages.
34-15-16.

The division is authorized to retain title to any property, tools, instruments, training supplies, equipment, or other items of value acquired for use of persons with disabilities and to repossess and transfer them for the use of other persons with disabilities. The Commissioner is authorized to offer for sale any items acquired in the operation of the program under this chapter when they are no longer necessary or to exchange them for necessary items which may be used to greater advantage. When any such surplus equipment is sold or exchanged, a receipt for it shall be taken from the purchaser showing the consideration given for such equipment and shall be forwarded to the Office of Treasury and Fiscal Services; and any funds received by the division pursuant to any such transactions shall be deposited in the state treasury in the appropriate federal or state rehabilitation account and shall be available for expenditures for any purposes consistent with this chapter.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

34-15-17.
It shall be unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program and in accordance with regulations, policies, and procedures, for any person or persons to solicit, disclose, receive, or make use of or authorize, knowingly permit, participate in, or acquiesce in the use of any list of, or names of, or any information concerning persons applying for or receiving vocational rehabilitation, directly or indirectly derived from the records. Any person who violates any provision of this Code section shall be guilty of a misdemeanor.
34-15-18.

Employees of the department engaged in functions under this chapter shall be governed by the prohibitions in the rules and regulations of the State Personnel Board and the federal Office of Personnel Management from participation in political activity.
34-15-19.

The General Assembly reserves the right to amend or repeal all or any part of this chapter at any time, and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this chapter or by acts done pursuant thereto shall exist subject to the power of the legislature to amend or repeal this chapter at any time.
ARTICLE 2
34-1540.
As used in this article, the term:
(1) 'State property' means any building, land, or other real property owned, leased, or occupied by any department, commission, board, bureau, agency, public corporation, or other instrumentality of the state, including, but not limited to, the Georgia Building Authority, and any other real property in which the state has a legal or beneficial interest; provided, however, the term 'state property' shall not include any property, real or personal, owned or leased or otherwise under the jurisdiction of the Board of Regents of the University System of Georgia, the Georgia Education Authority (University), or any county or independent school system of this state.
(2) 'Vending facility' means vending stands, vending machines, snack bars, cart service, shelters, counters, and such other appropriate facilities and equipment as may be necessary for the sale of articles or services by licensed blind persons or other persons with disabilities, as prescribed by rules and regulations adopted by the department.

GEORGIA LAWS 2000 SESSION

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34-15-41.

To effectuate the purposes of this article, it is declared to be public policy of the state that on any state property where the Commissioner of Labor determines it to be feasible to establish a vending facility to be operated by a licensed operator as provided in this article and where the agency or department or custodian of such property determines that such facility can be established without undue inconvenience to the operation being carried on in such state building or property, the preference accorded in this article shall require that such vending facility site not be deemed available for letting to competitive bidders for revenue-producing purposes unless the Commissioner declines to establish on such site a vending facility for blind persons or other persons with disabilities. The income to the agency controlling the space for such facility sites shall generally not be expected to exceed reimbursement for the cost of providing such facility site space and the services connected therewith; but in any case where such income exceeds those purposes, it shall be paid into the state treasury, subject to certification and audit.

34-15-42.

For the purpose of providing blind persons or other persons with disabilities with remunerative employment, enlarging their economic opportunities, and stimulating them to greater effort in striving to make themselves self-supporting, such blind persons or other persons with disabilities who are licensed by the Division of Rehabilitation Services of the Department of Labor shall be authorized to operate vending facilities on any state property where such vending facilities may be properly and satisfactorily operated by blind persons or other persons with disabilities. In authorizing the operation of vending facilities on state property, preference shall be given, so far as feasible, to blind persons or other persons with disabilities licensed by the Division of Rehabilitation Services of the Department of Labor as provided in this article; and the head of each department or agency in control of the maintenance, operation, and protection of state property shall, after consultation with the Commissioner and with the approval of the Governor, prescribe regulations designed to assure such preference (including assignment of vending machine income to achieve and protect such preference) for such licensed blind persons or other persons with disabilities without unduly inconveniencing such departments and agencies or adversely affecting the interests of the state."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2.
The Official Code of Georgia Annotated is amended by striking from the following Code sections the term "Division of Rehabilitation Services" wherever the same shall occur and inserting in its place the term "Division of Rehabilitation Services of the Department of Labor":

(1) Code Section 15-11-37, relating to designated felony acts;

(2) Code Section 45-18-5.2, relating to sheltered employment center employees; and

(3) Code Section 49-4A-9, relating to sentence of youthful offenders. SECTION 3.

The Official Code of Georgia Annotated is amended by striking from the following Code sections the term "Division of Rehabilitation Services of the Department of Human Resources" wherever the same shall occur and inserting in its place the term "Division of Rehabilitation Services of the Department of Labor":

(I) Code Section 15-21-143, relating to membership of the Brain and Spinal Injury Trust Fund Authority;

(2) Code Section 30-6-4, relating to the establishment of certain personal assistance programs;

(2.1) Code Section 30-6-5, relating to standards of certain personal assistance programs;

(3) Code Section 31-15-3, relating to members of the Cancer Advisory Committee;

(4) Code Section 31-16-3, relating to members of the Kidney Disease Advisory Committee; and

(5) Code Section 31-18-4, relating to records of reports of spinal cord disabled or head-injured persons.

SECTION 4.

Code Section 30-1-4 of the Official Code of Georgia Annotated, relating to the Council on the Deaf, is amended by striking paragraphs (I) and (3) of subsection (a) thereof and inserting in their respective places the following:

"(I) Three members shall be appointed from the Department of Human Resources in the following manner:

(A) One member from the Division of Mental Health, Mental Retardation, and Substance Abuse;

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(B) One member from the Division of Physical Health; and

(C) One member from the Division of Family and Children Services;"

"(3) Two members shall be appointed from the Department of Labor, one of whom shall be from the Division of Rehabilitation Services;".

SECTION 5.

Code Section 49-5-225 of the Official Code of Georgia Annotated, relating to local interagency committee membership, is amended by striking paragraph (6) of subsection (a) and inserting in its place the following:

"(6) The Division of Rehabilitation Services of the Department of Labor."

SECTION 5.1.

Chapter 2 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Industries for the Blind, is amended by striking Code Section 30-23, relating to supervision of the Georgia Industries for the Blind, and inserting in its place the following:

"30-2-3.

(a) The industries shall be state institutions under the direction and supervision of the Department of Labor.

(b) The Department of Labor is authorized to provide the property necessary for the industries. The Department of Labor may acquire real property through the State Properties Commission pursuant to Code Section 50-16-38 or the department may enter into rental agreements in order to acquire the needed space. The acquisition of such property is not deemed to be 'administrative space' within the meaning of Article 2 of Chapter 5 of Title 50, the 'State Space Management Act of 1976."'
SECTION 5.2.

Said chapter is further amended by striking subsection (b) of Code Section 302-7, relating to compensation and holidays in such industries, and inserting in its place the following:

"(b) All workers in the industries shall observe all holidays observed by other departments and agencies of the state government and shall receive their proportionate compensation for each holiday so observed. If any worker shall be compensated in such a manner that his daily compensation is not fixed, but rather is based upon a production basis, he shall receive by way of compensation for such observance of state holidays the average daily production compensation received by him during the immediately preced-

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ing 30 day period, holidays and Sundays excluded. The Department of Labor is authorized and directed to pay such compensation from the funds appropriated to and available for the department."
SECTION 5.3.
Said chapter is further amended by striking Code Section 30-2-9, relating to reserve funds, and inserting in its place the following:

"30-2-9.

Surplus funds designated as reserve funds accruing at the industries in any fiscal year shall not lapse to the state treasury but may be reserved by the industries as working capital."
SECTION 6.
Code Section 32-2-4.1 of the Official Code of Georgia Annotated, relating to Gateway Center, is amended by striking subsection (e) thereof and inserting in its place the following:

"(e) Gateway Center may be a 'welcome center, tourist center, and safety rest area' for purposes of Code Section 34-15-42, and the preference given by Code Sections 34-15-41 and 34-15-42 shall apply to and affect Gateway Center."

SECTION 7.

Code Section 45-18-5.1 of the Official Code of Georgia Annotated, relating to health insurance for blind vendors, is amended by striking that Code section in its entirety and inserting in its place the following:
"45-18-5 .1.

The Department of Labor is authorized to contract with the Georgia Cooperative Services for the Blind, Inc., a nominee agent designated by the Division of Rehabilitation Services of the Department of Labor, for the inclusion of licensed blind persons or other persons with disabilities operating a vending facility in accordance with Article 3 of Chapter 15 of Title 34 within any health insurance plan or plans established under this article. In the event any contract is entered into, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to deduct the payment required under the plan from the earnings or other compensation of licensed blind persons or other persons with disabilities and remit it to the Department of Labor for inclusion in the health insurance fund. In addition, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to make the employer contributions required for the operation of such plan or plans."

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SECTION 8.
Code Section 49-4-185 of the Official Code of Georgia Annotated, relating to sanctions against TANF recipients, is amended by striking paragraph (3) of subsection (b) thereof and inserting in its place the following:

"(3) Except for violations of subsection (a) of Code Section 49-4-184 which result in the recipient no longer being eligible for assistance, violates any other term or condition specified in the federal Social Security Act, as amended, the state plan, or the rules and regulations of the board."
SECTION 9.

Code Section 50-16-4 of the Official Code of Georgia Annotated, relating to use of the capitol building, is amended by striking that Code section in its entirety and inserting in its place the following:

"50-16-4.

The use of the capitol building and grounds shall be limited to departments of the state government and to state and national political organizations, and the keeper of public buildings and grounds shall not grant the use of either the capitol buildings or grounds for any other purposes, except that the Georgia Building Authority as keeper of public buildings and grounds is authorized to provide space in the capitol building for use as a vending stand, as described by Article 3 of Chapter 15 of Title 34, for the use of state officials and employees and their invited guests."
SECTION 10.
Code Section 49-2-3 of the Official Code of Georgia Annotated, regarding certain functions transferred to the Board of Human Resources, is amended by striking subsection (a) thereof and inserting in its place a new subsection to read as follows:
"(a) Reserved."
SECTION 11.
Code Section 49-2-7 of the Official Code of Georgia Annotated, relating to certain functions transferred to the Department of Human Resources, is amended by striking subsection (d) thereof and inserting in its place a new subsection to read as follows:
"(d) Reserved."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 12.

Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by striking Chapter 9 thereof, relating to vocational rehabilitation services, and inserting in its place the following:

"CHAPTER 9 RESERVED."

SECTION 13.

This section and Section 14 of this Act and subsection (c) of Code Section 3415-2, as enacted by Section 1 of this Act, shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective July 1, 2001.
SECTION 14.

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

Approved May 1, 2000.

PROFESSIONS AND BUSINESSES- LICENSED PRACTICAL NURSES; IDENTIFICATION.
Code Section 43-26-33 Amended.
No. 752 (House Bill No. 206).
AN ACT
To amend Code Section 43-26-33 of the Official Code of Georgia Annotated, relating to titles of licensed practical nurses, so as to require name tags or other identification under certain conditions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 43-26-33 of the Official Code of Georgia Annotated, relating to titles of licensed practical nurses, is amended by striking subsection (a) thereof and inserting in its place a new subsection (a) to read as follows:
"(a) Any person who is licensed as a practical nurse shall have the right to use the title 'Licensed Practical Nurse' and the abbreviation 'LPN' and shall identify that he or she is so licensed by displaying either such title or abbreviation on a name tag or similar form of identification during times when

GEORGIA lAWS 2000 SESSION

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such person is providing direct patient care. No other person shall assume such title or use such abbreviation or any other words, letters, signs, or symbols to indicate that such person is a licensed practical nurse in Georgia."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Approved May 1, 2000.

COURTS- MAGISTRATE COURTS; CRIMINAL JURISDICTION; CRIMINAL PROCEDURE; SENTENCING.
Code Sections 15-10-2 and 15-10-60 Amended. Code Title 15, Chapter 10, Article 13 Enacted.
No. 753 (House Bill No. 304).
AN ACT
To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change criminal jurisdiction of such courts; to provide for concurrent criminal jurisdiction over certain misdemeanor marijuana possession, shoplifting, alcohol violations relating to minors and criminal trespass; to restrict such jurisdiction to offenses in the unincorporated area in the county; to provide for penalties; to provide for waiver of jury trial and binding over to another court for jury trial; to provide for procedures relating to citation arrest or accusation; to provide for prosecuting attorneys; to provide for no contest case bonds and related procedures; to authorize suspended sentences; to provide for service of a suspended sentence after hearing and finding that the offender has failed or refused to comply with the terms and conditions for suspension; to provide for such service to begin within one year from the date of the sentence; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended in Code Section 15-10-2, relating to jurisdiction, by striking "or" at the end of paragraph (12), by striking the period and inserting"; or" at the end of paragraph (13), and by inserting a new paragraph, to be designated paragraph (14), to read as follows:
"(14) The trial and sentencing of misdemeanor violations of other Code sections as provided by Article 13 of this chapter."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2.

Said chapter is further amended by striking in its entirety Code Section 15-1060, relating to applicability of the article, and inserting in lieu thereof the following:

"15-10-60.

(a) This article governs trials of violations of county ordinances and ordinances of state authorities, which violations may be punished by incarceration or monetary penalty. Nothing in this chapter shall grant to any county or state authority more authority to enact or enforce such ordinances than the county or state authority has independently of this chapter. The punishment imposed for any ordinance violation shall not exceed a fine of $1,000.00 or 60 days' imprisonment or both, except as otherwise provided by general law, and shall not exceed the maximum punishment specified by the ordinance.

(b) The trial court may suspend the service of the sentence imposed in the case upon such terms and conditions as it may prescribe for the payment of the fine, for performance of community service in lieu of a fine or incarceration, for the payment of restitution to a victim, or other condition relating to the underlying offense. Service of the sentence, when so suspended, shall not begin unless and until ordered by the court having jurisdiction thereof, after a hearing as in cases of revocation of probated sentences, because of the failure or refusal of the defendant to comply with the terms and conditions upon which service of a sentence was suspended. Service of all or any part of any sentence suspended upon such conditions may be ordered to commence by the trial court any time before the expiration of one year from the date of the sentence after a hearing and a finding by the court that the defendant has failed or refused to comply with the terms and conditions upon which service of the sentence was suspended."

SECTION 3.

Said chapter is further amended by inserting a new article, to be designated Article 13, to read as follows:

"ARTICLE 13

15-10-260.

(a) This article governs trials of misdemeanor violations of Code Sections 16-13-30 and 16-13-2, relating to possession of less than one ounce of marijuana; Code Section 16-8-14, relating to theft by shoplifting of $300.00 or less; Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age; and Code Section 16-7-21, relating to criminal trespass.

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(b) Magistrate courts are authorized to conduct trials and impose sentences for violations of misdemeanors specified in subsection (a) of this Code section; provided, however, that the violation must have occurred in the unincorporated area of the county.

(c) A person convicted of violation of a misdemeanor specified in subsection (a) of this Code section shall be punished as provided in paragraphs (1) through (4) of this subsection as follows:

(1) For possession of less than one ounce of marijuana, as provided in subsection (b) of Code Section 16-13-2;

(2) For theft by shoplifting, as provided in paragraph (1) of subsection (b) of Code Section 16-8-14;

(3) For furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, as provided in Code Section 3-3-23.1; and

(4) For criminal trespass, as provided in subsection (d) of Code Section 16-7-21.

(d) The jurisdiction of magistrate courts to try and dispose of the misdemeanor violations enumerated in subsection (a) of this Code section shall be concurrent with the jurisdiction of any other courts having jurisdiction to try and dispose of such cases.

15-10-261.

There shall be no jury trials in the magistrate court. A magistrate court shall not have the power to dispose of the misdemeanor offenses enumerated in subsection (a) of Code Section 15-10-260 unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if probable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled.

15-10-262.

(a) Prosecution for misdemeanor violations authorized in this article may proceed by citation, summons, arrest, citation and arrest, or by arrest warrant as provided in Chapter 4 of Title 17, or by an accusation as provided in Code Section 17-7-71.

(b) The solicitor general of counties having solicitors general, or the county attorney or another attorney designated by the county governing authority, may act as the prosecuting attorney of the magistrate court in proceedings under this article.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

15-10-263.
(a) The chief magistrate of each county may by written order establish a schedule of no contest cash bonds which the accused may post when arrested or accused by warrant or citation pursuant to this article. The schedule of no contest cash bond amounts shall be sufficient to cover court costs and minimum fines as set forth in the Code section applicable to the alleged offense. At the time of posting a no contest cash bond, the receipt shall contain the following language: 'IF YOU GIVE A NO CONTEST CASH BOND AND FAIL TO APPEAR FOR TRIAL, THIS BOND MAY BE FORFEITED AND, IF SO FORFEITED, SHALL CONSTITUTE A MISDEMEANOR GUILTY PLEA AND A WAIVER OF CERTAIN CONSTITUTIONAL RIGHTS,' which shall be acknowledged by the person arrested.
(b) A person arrested or accused by warrant or citation pursuant to this article who does not wish to post a no contest cash bond may post a property bond or standard appearance bond to assure his or her future appearance in court.
(c) If a person who gives a no contest cash bond fails subsequently to appear for trial, such failure shall constitute a guilty plea and the no contest cash bond shall be forfeited, unless the court proceeds under the provisions of subsection (d) of this Code section. It shall not be necessary for the state to take any further action to forfeit the no contest cash bond. Forfeiture of a no contest cash bond shall be considered to constitute imposition and payment of a fine and, if so considered, shall be a bar to a subsequent prosecution of the accused for the violation.

(d) If the judge determines at the time of the nonappearance at trial of the defendant in his or her sole discretion that substantial justice will not be accomplished by the forfeiture of the no contest cash bond amount and the disposition of the charges with prejudice, the posting of the no contest cash bond shall not be considered a plea of guilty nor constitute a bar to a subsequent prosecution of the defendant for the violation, and any moneys posted under the no contest cash bond shall be held in the court's registry pending subsequent prosecution, and the defendant shall be served with a citation for a reasonable future appearance date, and, in default of the defendant's appearance, the court shall issue a bench warrant for the defendant's arrest.
(e) Upon a conviction under a subsequent prosecution, the proceeds of any no contest cash bond shall be applied and distributed toward the fine and court costs imposed by the court.

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(f) If a defendant posts a property bond or standard appearance bond and thereafter fails to appear at the designated time, a bench warrant shall be issued for such person and the bond shall be forfeited as provided by Code Section 17-6-17."
SECTION 4.

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

Approved May 1, 2000.

EDUCATION - SPECIAL INSTRUCTIONAL ASSISTANCE PROGRAMS; ALTERNATIVE SCHOOL STUDENTS.
Code Sections 20-2-153 and 20-2-690.1 Amended.
No. 754 (House Bill No. 114).
AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change certain provisions regarding special instructional assistance programs for students with developmental deficiencies; to provide for the application of mandatory education requirements to children between ages seven and 16 apply who are assigned to alternative public school programs and to the parents, guardians, or other persons having control or charge of such children; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2153, relating to special instructional assistance programs for students with developmental deficiencies, and inserting in its place a new Code Section 20-2153 to read as follows:
"20-2-153.
The State Board of Education shall create a special instructional assistance program to assist students with identified developmental deficiencies which are likely to result in problems in maintaining a level of performance consistent with expectations for their respective ages. Only students enrolled in grades kindergarten through five with documented developmental levels below expectations for their respective ages that are not attributable to an

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GENERAL ACTS AND RESOLUTIONS, VOL. I

identified disabling condition and who are not enrolled in either the remedial education program or any of the special education programs shall be eligible for the special instructional assistance program; provided, however, that students with physical disabilities whose special education services consist solely of therapy related to the physical disability shall be eligible for the special instructional assistance program if they meet all other criteria of this Code section. The state board shall specify the instruments and process used to determine student eligibility for this program, including specification of the student eligibility criteria to be applied, the allowable educational services to be provided under this Code section, and the funding guidelines to be used in distributing state funds to participating local school systems. Such policies and guidelines shall be submitted to the General Assembly for review and comment prior to the request for funding by the state board. Each local school system shall annually report by grade level the number of eligible students, the number of students served, the types of services provided, and the average achievement of students served. For the first year of implementation of this program state wide, the state board shall request an amount for grants to local school systems based upon documentation of the number of eligible students estimated to be served; provided, however, that funds appropriated for this program in the initial year of operation shall be allocated only on the basis of the documented actual number of students being served during the initial year. For the second year of operation and thereafter, the amount of funds appropriated and allocated for this program shall be based on the actual count of students served during the preceding year. In the event that insufficient funds are appropriated by the General Assembly to serve all eligible students in this program, any funds which are appropriated shall be directed toward addressing the needs of the most needy eligible students in each local school system as identified by the local board of education in each local system."

SECTION 2.

Said chapter is further amended by striking subsection (a) of Code Section 202-690.1, relating to mandatory education for children between ages seven and 16, and inserting in its place a new subsection (a) to read as follows:

"(a) Every parent, guardian, or other person residing within this state having control or charge of any child or children between their seventh and sixteenth birthdays shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program; and such child shall be responsible for enrolling in and attending a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program under such penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless the child's failure to enroll and attend is caused by

GEORGIA LAWS 2000 SESSION

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the child's parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be responsible; provided, however, that tests and physical exams for military service and the National Guard and such other approved absences shall be excused absences. The requirements of this subsection shall apply to a child between his or her seventh and sixteenth birthdays who has been assigned by a local board of education or its delegate to attend an alternative public school program established by that local board of education, including an alternative public school program provided for in Code Section 20-2-769, regardless of whether such child has been suspended or expelled from another public school program by that local board of education or its delegate, and to the parent, guardian, or other person residing in this state who has control or charge of such child. Nothing in this Code section shall be construed to require a local board of education or its delegate to assign a child to attend an alternative public school program rather than suspending or expelling the child."

SECTION 3.

This Act shall become effective on July 1, 2000, and Section 2 of this Act shall apply to offenses committed on or after that date.

SECTION 4.

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

Approved May 1, 2000.

PROFESSIONS AND BUSINESSES- PRIVATE DETECTIVE BUSINESSES AND PRIVATE SECURITY BUSINESSES.
Code Title 43, Chapter 38 Amended.
No. 755 (House Bill No. 326).
AN ACT
To amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to define certain terms; to amend the definition of certain terms; to amend licensing and registration qualifications; to provide for reciprocity with other states; to require the holder of a firearm permit to be at least 21 years of age; to provide for exceptions to the operation of such chapter; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1.

Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, is amended by striking in its entirety Code Section 43-38-3, relating to definitions, and inserting in lieu thereof the following:
"43-38-3.
As used in this chapter, the term:
(1) 'Board' means the Georgia Board of Private Detective and Security Agencies, a state licensing and examining board.

(2) 'Law enforcement agency' means an agency responsible for ensuring compliance with the laws and ordinances enacted by federal, state, and local governing authorities.

(3) 'Private detective business' means the business of obtaining or furnishing, or accepting employment to obtain or to furnish, information with reference to:
(A) Crimes or wrongs done or threatened against the United States of America or any state or territory thereof;
(B) The background, identity, habits, conduct, business, employment, occupation, assets, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person;
(C) The location, disposition, or recovery of lost or stolen property;

(D) The cause or responsibility for fires, libels, losses, accidents, damage, or injury to persons or property;

(E) The securing of evidence in the course of the private detective business to be used before any court, board, officer, or investigating committee; or
(F) The protection of individuals from serious bodily harm or death.

(4) 'Private security business' means engaging in the business of, or accepting employment to provide, any or all of the following:

(A) Private patrol service;

(B) Watchman service; (C) Guard service;

(D) Armored car service; or (E) The protection of persons from death or serious bodily harm."

GEORGIA LAWS 2000 SESSION

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SECTION 2.

Said chapter is further amended by striking in its entirety subsection (b) of Code Section 43-38-6, relating to licenses and qualifications relative to such chapter, and inserting in lieu thereof the following:

"(b) Upon being satisfied of the good character, competency, and integrity of an applicant for licensure under this chapter or, if the applicant is a firm, association, company, partnership, limited liability company, or corporation, upon being satisfied of the good character, competency, and integrity of the corporate officer of such corporation or officer of such firm, association, partnership, or limited liability company, the board may grant a license to conduct a private detective or private security business to such individual, firm, association, company, partnership, limited liability company, or corporation if:

(1) The applicant is at least 18 years of age;

(2) The applicant is a citizen of the United States or a registered resident alien;

(3) The applicant is of good moral character;

(4) The applicant has not been convicted of a felony or any crime involving the illegal use, carrying, or possession of a dangerous weapon or any crime involving moral turpitude; provided, however, that, if the applicant has been convicted of such crime, or has entered a plea of nolo contendere, or has entered a plea pursuant to Article 3 of Chapter 8 of Title 42 or otherwise been granted first offender treatment, the board may inquire into the nature of the crime, the date of conviction or plea, and other underlying facts and circumstances surrounding such criminal proceedings and, in its discretion, may grant a license to such applicant;

(5) The applicant has not committed an act constituting dishonesty or fraud;

(6) The applicant has satisfied the board that his or her private detective or private security business has a competent training officer and adequate training program with a curriculum approved by the board or that adequate training will be obtained from such other source as the board may approve;

(7) The applicant for a private detective company license has had at least two years' experience as an agent registered with a licensed detective agency, or has had at least two years' experience in law enforcement, or has a four-year degree in criminal justice or a related field from an accredited university or college; and the applicant for a security company license has had at least two years' experience as a supervisor or administra-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

tor in in-house security operations or with a licensed security agency, or has had at least two years' experience in law enforcement, or has a fouryear degree in criminal justice or a related field from an accredited university or college;

(8) The applicants for private detective company licenses and security company licenses may be required to pass successfully a written examination as the board may prescribe; and
(9) The applicant meets such other qualifications as the board may prescribe by rule."

SECTION 3.

Said chapter is further amended by inserting at the end of Code Section 43-386, relating to licenses and qualifications, the following:

"(g) The board may grant a license provided in this Code section to a person who is licensed in another state or territory of the United States which has licensing requirements substantially similar to the licensing requirements provided in this Code section.

(h) The board may issue a temporary permit for not longer than 30 days to any person who is licensed in another state or territory of the United States which has licensing requirements substantially similar to the licensing requirements provided in this Code section if such person, in the course of an investigation which arose in the state in which he or she is licensed, finds it necessary to conduct an investigation in this state. Such temporary permit shall be limited to the scope of such investigation. No more than one temporary permit shall be issued in any 12 month period."

SECTION 4.

Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-38-7, relating to the registration of employees, and inserting in lieu thereof the following:

"(a) Any licensee may employ as many agents, guards, watchmen, or patrolmen as he or she deems necessary for the conduct of his or her business, provided that such employees meet the requirements and qualifications for registration under this chapter."

SECTION 5.
Said chapter is further amended by striking subsection (a) of Code Section 4338-10, relating to permits to carry firearms, and inserting in lieu thereof the following:

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"(a) The board may grant a permit to carry a pistol, revolver, or other firearm to any person who is at least 21 years of age and who is licensed or registered in accordance with this chapter and who meets the qualifications and training requirements set forth in this Code section and such other qualifications and training requirements as the board by rule may establish. The board shall have the authority to establish limits on type and caliber of such weapons by rule. Application for such permit and for renewal thereof shall be made on forms provided by the joint-secretary. No weapons permit issued under this Code section shall be transferable to another individual."

SECTION 6.

Said chapter is further amended by striking in its entirety paragraph (8) of subsection (a) of Code Section 43-38-11, relating to the denial, revocation, or sanction of licenses and registrations, and inserting in lieu thereof the following:
"(8) Been convicted of impersonating, or permitting or aiding and abetting any other person to impersonate, a law enforcement officer or employee of the United States or of this state or of any political subdivision thereof in the practice of the private detective or private security business;"

SECTION 7.

Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-38-14, relating to exceptions to the operation of such chapter, and inserting in lieu thereof the following:

"(a) This chapter shall not apply to:

(1) An officer or employee of the United States of America or of this state or a political subdivision thereof while the employee or officer is engaged in the performance of official duties;

(2) A person engaged in the business of furnishing information in connection with credit or marketing and a person or firm engaged as a consumer reporting agency, as defined by the federal Fair Credit Reporting Act;

(3) An attorney at law or a bona fide legal assistant in performing his or her duties;

(4) Admitted insurers, agents, and insurance brokers licensed by the state while performing duties in connection with insurance transacted by them;

(5) A peace officer employed on a full-time basis by a federal, state, county, or local law enforcement agency who contracts directly with an employer to work during his or her off-duty hours and whose off-duty em-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ployment is conducted on an independent contractor basis with another employer other than a peace officer engaged in the private detective or private security business or a private detective or private security agency, subject to Code Section 16-10-3, relating to the receipt of funds by state officers or employees for the enforcement of penal laws;

(6) A firm engaged in the business of independent insurance claims adjusting whose employees hold a valid Georgia adjuster's license; or

(7) The employees of a firm mentioned in paragraph (6) of this subsection."

SECTION 8.

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

Approved May 1, 2000.

EVIDENCE - SUBPOENAS; WITNESS FEES.
Code Section 24-10-24 Amended.
No. 756 (House Bill No. 340).
AN ACT
To amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce in general, so as to change the provisions relating to witness fees and mileage; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce in general, is amended by striking Code Section 24-10-24, relating to witness fees and mileage, and inserting in lieu thereof a new Code Section 24-10-24 to read as follows:
"24-10-24.
The witness fee shall be $25.00 per diem, and execution shall be issued by the clerk upon affidavit of the witness to enforce payment thereof. The payment of fees shall not be demanded as a condition precedent to attendance; but, when a witness resides outside the county where the testimony is to be given, service of the subpoena, to be valid, must be accompanied by tender of the fee for one day's attendance plus mileage of 20 per mile for traveling expenses for going from and returning to his or her place of residence

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by the nearest practical route. Tender of fees and mileage may be made by United States currency, postal money order, cashier's check, certified check, or the check of an attorney or law firm. When the subpoena is issued on behalf of the state, or an officer, agency, or political subdivision thereof, or a defendant in a criminal case, fees and mileage need not be tendered."

SECTION 2.

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

Approved May 1, 2000.

RETIREMENT AND PENSIONS- SHERIFFS' RETIREMENT FUND OF GEORGIA; BENEFITS; CONTRIBUTIONS.
Code Sections 47-1643 and 47-16-101 Amended.
No. 757 (House Bill No. 393).
AN ACT
To amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to increase a retirement benefit; to provide that where a member has chosen a spouses' survival option and the spouse predeceases the member, the member's retirement benefit shall increase to the level it would have been had the member not elected a spouses' survival option; to provide for the reestablishment of a benefit upon remarriage; to increase the member's contribution to such retirement fund; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, is amended by striking in its entirety Code Section 47-1643, relating to requirements for active membership in such retirement fund, and inserting in lieu thereof the following:
"47-1643.
In order to retain active membership in the fund, each member must:
(1) Continue serving as a sheriff;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) Pay to the secretary-treasurer membership dues of $45.00 per month. Such payment shall be due on or before the tenth day of the following month until the member has made such payments for a total of 30 years; and

(3) Comply with all other mandatory provisions of this chapter and all rules and regulations promulgated by the board."

SECTION 2.

Said chapter is further amended by striking in its entirety Code Section 47-16101, relating to retirement benefit options under such retirement fund and related matters, and inserting in lieu thereof the following:

"47-16-101.

(a) At the time a member becomes eligible for retirement benefits, he or she shall choose one of three payment options for retirement benefits. The member must indicate his or her choice of payment options upon the application for retirement benefits filed with the secretary-treasurer. Upon approval of the member's application by the board, such member shall be paid retirement benefits in the form of a monthly sum of money determined in accordance with the option he or she has selected. The three payment options are as follows:

(1) Option One shall be known as a 'single life annuity' and shall provide retirement benefits for the life of the member only. If the member has no more than four years of service credited to such member under this chapter, the member shall be paid a benefit of $380.00 per month until the member's death. If the member has more than four years credited to such member under the provisions of this chapter, such member shall be paid a benefit of $380.00 per month, plus $95.00 per month for each additional year of service so credited to the member. If the member has additional service credit not totaling a full year, the further sum of one-twelfth of the amount paid per month for each additional year of service credit over four years shall be paid for each month of additional service so credited to the member; provided, however, that in no case shall such benefits exceed $2,850.00 per month; provided, further, that the board of trustees shall be authorized to increase such benefits by an amount not to exceed 3 percent per annum based on the following factors:

(A) The recommendation of the actuary of the board of trustees;

(B) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and

(C) Such other factors as the board deems relevant.

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Any such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine; provided, however, that no such increase shall be made to become effective within six months of the effective date of any increase in the maximum retirement benefit granted by the General Assembly through amendment of this Code section;
(2) Option Two shall be known as a '100 percent joint life annuity' and shall provide retirement benefits for the life of either the member or his or her spouse, whichever is the survivor. The monthly amount to be paid under this option shall be based on the member's age and that of his or her spouse at the member's retirement and shall be the actuarial equivalent of the monthly retirement payment which would have been paid to the member under Option One. Actuarial equivalents shall be computed using a current and accurate mortality table adopted by the board; and
(3) Option Three shall be known as the '50 percent contingency life annuity' and shall provide for payment of a 50 percent benefit for the life of the surviving spouse. The amount to be paid under this option shall be based on the member's age and that of his or her spouse at the member's retirement and shall be computed so as to be actuarially equivalent to the monthly benefit which would have been paid to the member under Option One. Actuarial equivalents shall be computed using a current and accurate mortality table adopted by the board. When a retired member has elected Option Two or Option Three, in the event the spouse predeceases the retired member, the monthly retirement benefit payable to the retired member after the death of the spouse shall be increased to the monthly retirement benefit which the retired member would have been entitled to receive under Option One. In the event any such retired member remarries or has remarried after the death of the former spouse, the retired member may elect to begin receiving the applicable reduced retirement benefit of equivalent actuarial value and reestablisi1 on behalf of the new spouse the same option which was applicable to the deceased former spouse, but such option on behalf of the new spouse may not be reestablished until one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier. Such actuarial equivalence shall be based on the age of the retired member and the age of the retired member's new spouse at the time of such election and shall be computed on the Mortality Table GA51, with projection, using interest at 6 percent per annum, with a five-year age setback for females and monthly payment annuity functions.

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(b) Benefits payable to the spouse of a deceased member shall be payable for only so long as such spouse remains the widow or widower of such deceased member and should such spouse remarry, any benefits payable to such spouse shall cease as of the date of remarriage.

(c) Any provisions of this chapter to the contrary notwithstanding, $20.00 shall be deducted from the monthly retirement benefits of the member or the monthly retirement benefits under Option Two or Three to the spouse of the member when the member has been credited with any period of service under this chapter which was performed prior to January 1, 1961, and for which dues shall not have been paid by the member, until a total sum of $20.00 for every month of service prior to January 1, 1961, so credited to the member shall have been withheld, or until dues have been paid or withheld for a maximum of 25 years, or until the death of the member and his or her spouse who is receiving benefits, whichever may occur first.

(d) In the event any member with a spouse then living is unable to choose one of the three option payments, to complete and file an application for retirement benefits with the secretary-treasurer, or to obtain the approval of the board because of his or her death, mental incompetency, or other providential cause, but the member is otherwise eligible to receive retirement benefits except for his or her having been prevented, Option Two shall be effective, and retirement benefits shall be paid in accordance with that option.

(e) The options under this Code section and the increase in the amounts to be paid as retirement benefits pursuant to said options shall become effective and apply from and after May 1, 1979. Those members and persons already receiving retirement benefits which were computed and determined at a time when the options were not available shall not be afforded an opportunity to select an option but shall have their retirement benefits recomputed and determined in accordance with the provisions of Option One, and the increase in benefits shall be paid to such members or persons from and after May 1, 1979. For those members or persons eligible to receive retirement benefits from and after May 1, 1979, their service shall be computed and determined in accordance with the increased retirement benefits in this Code section in accordance with the member's option selected in accordance with the provisions of this Code section and according to the number of years of creditable service credited to such member or person under this Code section, and such member shall be paid the retirement benefits so determined from and after May 1, 1979. For those members or persons already receiving retirement benefits, such members or persons shall be entitled to have their retirement benefits recomputed and determined in accordance with this Code section, and the increase in benefits according to their years of creditable service shall be paid to such members and persons from and after May 1, 1979.

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(f) No member shall be allowed to change the retirement options provided in this Code section subsequent to the time that such member receives the first payment under the retirement option originally selected by such member."

SECTION 3.

This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.
SECTION 4.

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

Approved May 1, 2000.

CRIMINAL PROCEDURE- BAIL; OFFENSES BAILABLE BEFORE SUPERIOR COURT JUDGE.
Code Section 17-6-1 Amended.
No. 758 (House Bill No. 408).
AN ACT
To amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, so as to provide that trafficking in methamphetamine shall be bailable only before a judge of the superior court; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, is amended by striking subsection (a) and inserting in lieu thereof the following:
"(a) The following offenses are bailable only before a judge of the superior court:
(1) Treason;
(2) Murder;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) Rape;

(4) Aggravated sodomy; (5) Armed robbery;

(6) Aircraft hijacking and hijacking a motor vehicle;

(7) Aggravated child molestation;

(8) Aggravated sexual battery;

(9) Manufacturing, distributing, delivering, dispensing, administering, or selling any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II;

(10) Violating Code Section 16-13-31, relating to trafficking in cocaine, methamphetamine, or marijuana;
(11) Kidnapping, arson, aggravated assault, or burglary if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary, had previously been convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (10) of this subsection; and

(12) Aggravated stalking."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

GUARDIANS AND WARDS - TEMPORARY GUARDIANSHIP OF MINOR; APPLICATION FOR DISSOLUTION.
Code Section 29-4-4.1 Amended.
No. 759 (House Bill No. 414).
AN ACT
To amend Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, so as to provide for notice to temporary guardians of minors upon the application of the natural guardian for dissolution of the temporary guardianship; to provide for objection to such dissolution; to provide for dissolution if no objection is filed; to provide for transfer to the juvenile court if objection is filed; to provide for determination in the best interest of

GEORGIA LAWS 2000 SESSION

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the minor by the juvenile court; to provide for notice and hearing; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, is amended by striking in its entirety Code Section 29-4-4.1, relating to appointment of temporary guardians, and inserting in lieu thereof the following:
"29-4-4.1.

(a) (1) The judge of the probate court of the county in which the minor is found shall have the power to appoint a temporary guardian of the person or property, or both, of the minor when the minor is alleged by the person having actual physical custody of such minor to be in need of a guardian and each living natural guardian signs a notarized relinquishment of guardianship rights, or one or both of the natural guardians fail to sign such a relinquishment of guardianship rights. No temporary guardian shall be appointed unless proper notice as required in this Code section is given or if objection is filed by a natural guardian.

(2) Provided the requirements in paragraph (1) of this subsection are met, if such minor is above the age of 14 years before a temporary guardian is appointed, the minor shall have the privilege of selecting a temporary guardian. If the selection is judicious, the judge of the probate court shall appoint the temporary guardian so selected. Having once exercised this privilege, the ward may not do so again except upon cause shown for the removal of the temporary guardian first selected.

(3) If one or both of the natural guardians of the minor have indicated a preference as to the person to be selected to serve as temporary guardian of the minor, the judge of the probate court must honor such preference if it is stated in a notarized relinquishment of parental rights. Otherwise, the judge must consider such a preference in selecting a temporary guardian; but for good cause shown in writing, the court may pass over a person having a preference and appoint a person having a lower preference or no preference. A preference may be indicated by nomination in a notarized relinquishment of parental rights, a will, or other writing signed by a parent and attested by at least two witnesses, whichever instrument is later.

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(b) Notice of the pending application for temporary guardianship shall be given to the minor's natural guardian or guardians if such do not relinquish in writing their guardianship rights. Such notice shall be by personal service if the natural guardian to be served resides in this state at a known current address or, if the current address is unknown or is outside this state, by firstclass mail sent to the natural guardian's last known address, if any, or, if no address is known, by publication once a week for two weeks in the official county legal organ. If no natural guardian appears and objects to the application for temporary guardianship within 14 days after such notice is mailed or ten days after such notice is first published, whichever is later, the judge of the probate court shall appoint a temporary guardian.

(c) Upon subsequent application to the court by the minor's natural guardian for dissolution of the temporary guardianship, notice shall be provided to the temporary guardian of such application for dissolution of the temporary guardianship. If no objection to the dissolution of the temporary guardianship is filed within ten days of such notice, the judge of the probate court shall remove the temporary guardian appointed under this Code section and dissolve the temporary guardianship. If an objection to the dissolution of the temporary guardianship is filed within ten days, the judge of the probate court shall immediately transfer the records relating to the appointment of the temporary guardian and the objection to the dissolution of the temporary guardianship to the juvenile court, which shall determine, after notice and hearing, whether a continuation or dissolution of the temporary guardianship is in the best interest of the minor and shall issue an order accordingly.

(d) If a temporary guardian appointed pursuant to this Code section assumes in writing the obligation to support the minor while the guardianship is in effect to the extent that no other sources of support are available, then for purposes of obtaining medical insurance coverage for the ward, such temporary guardianship shall be deemed to be a permanent guardianship."

SECTION 2.

This Act shall become effective on July 1, 2000, and shall apply to all temporary guardianships whenever created, except that this Act shall not apply if the parent seeking to terminate the guardianship signed a relinquishment of parental rights at the time the guardianship was created which stated that the guardianship was immediately revocable upon written demand of the parent.

SECTION 3.

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

Approved May 1, 2000.

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COMMERCE AND TRADE - MOTOR VEHICLE FAIR PRACTICES; FRANCHISE OWNERSHIP AND TRANSFER.

Code Sections 10-1-663 and 10-1-664.1 Amended. Code Section 10-1-663.1 Enacted.

No. 760 (House Bill No. 415).

AN ACT

To amend Part 5 of Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle fair practices, so as to provide for a right of first refusal to purchase in favor of a franchisor if a dealer has entered into an agreement to transfer the dealership or its assets; to change certain provisions relating to restrictions on the ownership, operation, or control of dealerships by manufacturers and franchisors and competing unfairly with new dealers; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Part 5 of Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle fair practices, is amended by striking subparagraph (b) (4) (B) of Code Section 10-1-663, relating to advertising campaigns, changes in capital structure or ownership, manner of distribution, increased prices, discrimination, and unreasonable restrictions or changes, and inserting in lieu thereof the following:

"(B) Reserved;"

SECTION 2.

Said part is further amended by adding a new Code Section 10-1-663.1 to read as follows:

"10-1-663.1.

There shall be a right of first refusal to purchase in favor of the franchisor if the dealer has entered into an agreement to transfer the dealership or its assets, provided that all the following qualifications and requirements are met:

(1) The proposed transfer of the dealership or its assets is of more than 50 percent of the ownership or assets;

(2) The franchisor notifies the dealer in writing within 60 days of its receipt of the complete written proposal for the proposed sale or transfer on forms generally utilized by the franchisor for such purpose and containing the information required therein and all documents and agreements relating to the proposed sale or transfer;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) The exercise of the right of first refusal will result in the dealer and dealer's owners receiving the same or greater consideration as is provided in the documents and agreements submitted to the franchisor under paragraph (2) of this Code section;

(4) The proposed change of 50 percent or more of the ownership or of the dealership assets does not involve the transfer or sale of assets or the transfer or issuance of stock by the dealer or one or more dealer owners to a designated family member or members, including a spouse, child, grandchild, spouse of a child or grandchild, brother, sister, or parent of the dealer owner; to a manager who has been employed in the dealership for at least four years and is otherwise qualified as a dealer operator; or to a partnership or corporation owned and controlled by one or more of such persons;

(5) The franchisor agrees to pay the reasonable expenses, including reasonable attorney's fees, which do not exceed the usual customary, and reasonable fees charged for similar work done for other clients incurred by the proposed new owner and transferee before the franchisor's exercise of its right of first refusal in negotiating and implementing the contract for the proposed change of ownership or transfer of dealership assets. However, payment of such expenses and attorney's fees shall not be required if the dealer has not submitted or caused to be submitted an accounting of those expenses within 20 days after the dealer's receipt of the franchisor's written request for such an accounting. Such an accounting may be requested by the franchisor before exercising its right of first refusal; and

(6) The franchisor agrees to comply with and be subject to the requirements and restraints as set forth in paragraphs (1) and (2) of subsection (a) of Code Section 10-1-664.1 and in subsection (b) of Code Section 10-1664.1."

SECTION 3.

Said part is further amended by striking subsection (d) of Code Section 10-1664.1, relating to restrictions on the ownership, operation, or control of dealerships by manufacturers and franchisors and competing unfairly with new dealers, which reads as follows:

"(d) This Code section and paragraph (16) of subsection (a) of Code Section 10-1-662 shall be repealed and shall be null and void and of no force and effect on and after April 1, 2002."

GEORGIA LAWS 2000 SESSION

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SECTION 4.

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

Approved May 1, 2000.

REVENUE AND TAXATION - AD VALOREM TAXES; MOTOR VEHICLES; SITUS WHEN OWNED BY NONRESIDENT MEMBERS OF ARMED FORCES.
Code Section 48-5471 Amended.
No. 761 (House Bill No. 441).
AN ACT
To amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to provide for the tax situs of certain motor vehicles wholly owned by nonresident members of the armed forces of the United States; to provide for the tax situs of certain such vehicles in the case of certain joint ownership; to provide for conditions and applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, is amended by striking Code Section 48-5471, relating to motor vehicles subject to taxation, and inserting in its place a new Code Section 48-5471 to read as follows:
"48-5471.
(a) Every motor vehicle owned in this state by a natural person is subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property as provided in Code Section 48-5473; provided, however, that under no circumstances shall such ad valorem taxation be collected more than one time per calendar year with respect to the same motor vehicle. Every vehicle owned in this state by an entity other than a natural person is, except as specifically provided in Code Section 48-5472, subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property as provided in Code Section 48-5473; provided, however, that under no circumstances shall such ad valorem taxation be collected more than one time per calendar year with respect to the same motor vehicle. Taxes shall be charged against the owner of the property, if known, and, if unknown, against the specific property itself.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b)(1) Any motor vehicle wholly owned in this state by a nonresident member of the armed forces of the United States temporarily stationed in this state as a result of military orders shall not acquire a tax situs in this state and such motor vehicle shall not be required to be returned for taxation in this state. Not more than one motor vehicle jointly owned by such member of the armed forces of the United States together with such member's nonresident spouse, when such nonresident spouse temporarily resides in this state at the temporary domicile of such member of the armed forces of the United States for the primary purpose of residing together as a family with such member of the armed forces of the United States, shall not acquire a tax situs in this state and such motor vehicle shall not be required to be returned for taxation in this state.

(2) This subsection shall not apply to any motor vehicle that is used in the conduct of a business.

(3) Nothing in this subsection shall be construed to excuse the members of the armed forces of the United States or spouses from returning such motor vehicles for ad valorem taxation as may be required by the laws of their state of permanent domicile."

SECTION 2.

This Act shall become effective January 1, 2001, and shall be applicable to all taxable years beginning on or after that date.

SECTION 3.

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

Approved May 1, 2000.

CONSERVATION AND NATURAL RESOURCES- STONE MOUNTAIN MEMORIAL ASSOCIATION; POLICE POWERS.
Code Section 12-3-194.1 Amended.
No. 762 (House Bill No. 449).
AN ACT
To amend Code Section 12-3-194.1 of the Official Code of Georgia Annotated, relating to the police and legislative powers of the Stone Mountain Memorial Association, so as to provide for the exercise of police powers by the association; to provide for the appointment of peace officers by the association; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2000 SESSION

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SECTION 1.

Code Section 12-3-194.1 of the Official Code of Georgia Annotated, relating to the police and legislative powers of the Stone Mountain Memorial Association, is amended by striking in their entirety subsections (a) and (b) and inserting in lieu thereof the following:

"(a)(l) The association is empowered to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all user and personal conduct restrictions upon the properties and facilities and the persons under its jurisdiction to the extent that such is lawful under the laws of the nation and the state.

(2) In addition to the powers provided in paragraph (1) of this subsection, the association is empowered to exercise the police powers of the state in an area extending not more than 500 yards from the park boundaries adjacent to the entrances and exits, other than entrances or exits adjacent to the corporate limits of a municipality, which are used regularly by patrons attending functions at Stone Mountain Park and in an area extending not more than 500 yards from the tennis center.

(b) The association shall have legislative power to adopt reasonable ordinances relating to the property, affairs, and administration of Stone Mountain Park for which no provision has been made by general law and which are not inconsistent with the general laws or the Constitution of this state. The association is further authorized to adopt ordinances adopting by reference any or all of the provisions of Chapter 6 of Title 40 in accordance with Code Section 40-6-372. Within the limits of Stone Mountain Park and within the area described in paragraph (2) of subsection (a) of this Code section, the association is authorized to appoint peace officers, who are authorized and empowered to serve and execute warrants and to make arrests for violation of ordinances adopted by the association. Within the limits of Stone Mountain Park and within the area described in paragraph (2) of subsection (a) of this Code section, such peace officers shall have the same authority, powers, and privileges regarding enforcement of laws as peace officers employed by county and municipal police departments of this state. Prosecutions for violations of the ordinances of the association shall be upon citation or upon accusation as provided in Code Sections 15-10-62 and 15-10-63. The association may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations in the manner prescribed in Code Section 15-10-63."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2.

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

Approved May 1, 2000.

GENERAL ASSEMBLY- GEORGIA RAIL PASSENGER AUTHORITY OVERVIEW COMMITTEE; MEMBERSHIP.
Code Section 28-10-1 Amended.
No. 763 (House Bill No. 455).
AN ACT
To amend Code Section 28-10-1 of the Official Code of Georgia Annotated, relating to creation and membership of the Georgia Rail Passenger Authority Overview Committee, so as to change certain provisions relating to numbers of members and appointment thereof; 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 28-10-1 of the Official Code of Georgia Annotated, relating to creation and membership of the Georgia Rail Passenger Authority Overview Committee, is amended by striking subsection (a) and inserting in lieu thereof the following:
"(a) The Georgia Rail Passenger Authority Overview Committee is created. The committee shall consist of five members of the House of Representatives appointed by the Speaker of the House and five members of the Senate appointed by the President of the Senate. The members shall serve for terms as members of the committee concurrent with their terms of office as members of the General Assembly. Members of the committee shall be appointed during the first 30 days of each regular legislative session which is held immediately following the election of members of the General Assembly; provided, however, that an appointment to fill any vacancy on the committee may be made at any time."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 3.

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

Approved May 1, 2000.

COMMERCE AND TRADE- UNFAIR OR DECEPTIVE PRACTICES; CONSUMER TRANSACTIONS; PROMOTIONS; CONSIDERATION.
Code Section 10-1-393 Amended.
No. 764 (House Bill No. 467).
AN ACT
To amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide that it shall be unlawful for any promotional offer to require an offeree to pay any money, including, but not limited to, any service fees, mailing fees, or handling fees to receive a prize; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, is amended by striking subparagraph (b) (16) (C) and inserting in lieu thereof a new subparagraph (C) to read as follows:
"(C) A promotion shall be a violation of this paragraph if a person is required to pay any money including, but not limited to, payments for service fees, mailing fees, or handling fees payable to the sponsor or seller or furnish any consideration for the prize, other than the consideration of traveling to the place of business or to the presentation or of allowing the presentation to be made in the participant's home, in order to receive any prize; provided, however, that the payment of any deposit made in connection with an activity described in subparagraph (B) of paragraph (22) of this subsection shall not constitute a requirement to pay any money under this subparagraph;"
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Approved May 1, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

MOTOR VEHICLES AND TRAFFIC- PERSONS WITH DISABILITIES; LICENSE PLATES; PARKING.
Code Title 40 Amended.
No. 765 (House Bill No. 496).
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the criteria for eligibility for special license plates for persons with disabilities; to change the requirements for proof of such eligibility; to provide for a misdemeanor criminal penalty for false or misleading statements made in certain medical affidavits; to change the definitions of certain terms relating to parking for persons with disabilities; to change the criteria for eligibility for parking permits for persons with disabilities; to establish certain requirements with respect to such parking permits and the contents of a medical affidavit of disability; to make it unlawful to stop, stand, or park a vehicle in a parking place for persons with disabilities which is designated "For Disabled Persons With Ambulatory Assistive Devices Only" unless a disabled person using a wheelchair, crutches, walker, or other ambulatory assistive device is the driver of or a passenger in such vehicle and provide for penalties; to make it unlawful for any person to knowingly and willfully make a false or misleading statement in applications for parking permits for persons with disabilities and supporting medical affidavits and provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking in its entirety Code Section 40-2-74, relating to special license plates for persons with disabilities and inserting in lieu thereof a new Code Section 40-2-74 to read as follows:
"40-2-74.
(a) Prior to July 1, 1999, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon submitting satisfactory proof to the commissioner or one of his or her agents that he or she has permanently lost the use of a leg or both legs, or an arm or both arms, or any combination thereof, or is so severely disabled as to be unable to move without the aid of crutches or a wheelchair, shall be issued a specially designated disabled person's license plate from the commissioner. For purposes of this

GEORGIA LAWS 2000 SESSION

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subsection, presentation of an identification card for persons with disabilities issued pursuant to Article 8 of Chapter 5 of this title shall constitute proof of disability.
(a.l) On and after July 1, 1999, any owner of a private passenger motor vehicle with a gross vehicle weight rating of less than 14,000 pounds who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon submitting an affidavit of a practitioner of the healing arts stating that the owner or his or her spouse, child, or ward is a person with disabilities, as defined in paragraph (5) of Code Section 40-6-221, whose disability or incapacity can be expected to last for more than 180 days and stating the specific disability that limits or impairs the ability to walk, shall be issued a specially designated disabled person's license plate from the commissioner. As used in this Code section, the term 'practitioner of the healing arts' means a person holding a license to practice medicine, podiatric medicine, or chiropractic issued pursuant to Article 2 of Chapter 34 of Title 43, Chapter 35 of Title 43, or Chapter 9 of Title 43, respectively.
(b) A hearing impaired person otherwise qualified under this subsection shall be eligible to have issued to him or her a specially designated disabled person's license plate in accordance with this Code section. As used in this Code section, 'hearing impaired person' shall have the same meaning as defined in Code Section 24-9-101, except that the term 'hearing impaired person' shall not include any person who is not qualified for a driver's license pursuant to Code Section 40-5-35, relating to reports by physicians and vision specialists in connection with the issuance or revocation of drivers' licenses, as now or hereafter amended. For purposes of this subsection, presentation of an identification card for persons with disabilities issued pursuant to Article 8 of Chapter 5 of this title shall constitute proof of hearing impairment.

(c) Upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon submission of proof of disability as provided in subsection (a) or (a.l) of this Code section, as applicable:

(1) Any resident person who is the joint owner of a motor vehicle with a disabled person as prescribed in this Code section shall be authorized to obtain such specialized plates for such jointly owned vehicle; and

(2) Any resident motor vehicle owner who is the spouse, parent, or legal guardian of a person who is disabled as prescribed in this Code section shall be authorized to obtain such specialized plates for such vehicle.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Upon the death of the disabled person or if the joint ownership of such vehicle ceases for any reason, the specialized license plate shall be canceled and the owner of such motor vehicle shall be issued a regular license plate for such vehicle.

(d) The commissioner is directed to furnish such license plates as provided for in this Code section, which shall bear the official international wheelchair symbol or a reasonable facsimile thereof, or such other symbols as the commissioner may deem appropriate.
(e) The commissioner may begin issuing disabled persons' license plates with the year 1976. Any license plate issued pursuant to the provisions of this Code section shall be transferred to another vehicle as provided in Code Section 40-2-80.
(f) Any person who is not a disabled person as prescribed in this Code section or a person otherwise entitled to obtain such special license plates and who willfully and falsely represents himself as having the qualifications to obtain the special plates prescribed by this Code section shall be guilty of a misdemeanor.

(f.1) Any practitioner of the healing arts who knowingly and willfully makes a false or misleading statement in his or her affidavit stating that an applicant is a disabled person as prescribed in this Code section shall be guilty of a misdemeanor.

(g) Any person owning a vehicle bearing the special plates and not entitled to do so under this Code section shall be guilty of a misdemeanor."
SECTION 2.
Said title is further amended in Code Section 40-6-221, relating to definitions regarding parking for persons with disabilities, by striking in their entirety paragraphs (3) and (5) and inserting in lieu thereof new paragraphs (3), (5), and (5.1) to read as follows:

"(3) 'Parking place for persons with disabilities' means any area on public or private property which has been designated as reserved for use of persons with disabilities as follows:

(A) By a blue metal reflective sign which is at least 12 inches in width and 18 inches in length and is erected at a height of seven feet from the bottom of the sign to its ground surface and in such manner that it will not be obscured by a vehicle parked in the space and bearing the following words: 'Permit Parking Only,' 'Tow-Away Zone,' and the international symbol for accessibility. The warnings required in this subparagraph shall be centered on the sign, printed in white, and shall occupy not less than 75 percent of the surface area of the sign. The sign required by this subparagraph shall be the official authorized sign for

GEORGIA lAWS 2000 SESSION

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parking place designations for persons with disabilities in this state. In addition, parking spaces which are required by Code Section 30-3-6 shall be designated as 'For Disabled Persons With Ambulatory Assistive Devices Only'; or

(B) Where the parking place is on private property, is constructed solely from concrete, was used by the public or finished prior to July 1, 1987, and which is designated by having imprinted and maintained in reflective paint upon each such place the words 'Tow-Away Zone' or 'Parking Only for Persons with Disabilities' or the universal symbol of accessibility, that designation shall be deemed to meet the requirements of subparagraph (A) of this paragraph until such time as that concrete lot is renovated, repaired, or remodeled, at which time a sign shall be erected which shall comply with the requirements of subparagraph (A) of this paragraph."
"(5) 'Person with disabilities' means a person who:
(A) Is so ambulatorily disabled that he or she cannot walk 200 feet without stopping to rest;
(B) Cannot walk without the use of or assistance from a brace, a cane, a crutch, another person, a prosthetic device, a wheelchair, or other assistive device;
(C) Is restricted by lung disease to such an extent that his or her forced respiratory volume for one second, when measured by spirometry, is less than one liter, or when at rest, his or her arterial oxygen tension is less than 60 millimeters of mercury on room air;

(D) Uses portable oxygen;
(E) Has a cardiac condition to the extent that his or her functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association; or
(F) Is severely limited in his or her ability to walk due to an arthritic, neurological, or orthopedic condition or complications due to pregnancy.
(5.1) 'Practitioner of the healing arts' means a person holding a license to practice medicine, podiatric medicine, or chiropractic issued pursuant to Article 2 of Chapter 34 of Title 43, Chapter 35 of Title 43, or Chapter 9 of Title 43, respectively."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 3.

Said title is further amended by striking in its entirety Code Section 40-6-222, relating to parking permits for persons with disabilities, and inserting in lieu thereof a new Code Section 40-6-222 to read as follows:

"40-6-222.

(a) The Department of Public Safety shall issue parking permits for persons with disabilities at every place where it issues drivers' licenses. The department shall also receive applications for and issue parking permits for persons with disabilities by mail and shall by regulation require such proof of disability or incapacity as is necessary to issue such permits by mail. Permits shall be in such form as the department prescribes but shall be of sufficient size and sufficiently distinctively marked to be easily visible when placed on or affixed to the driver's side of the dashboard or hung from the rearview mirror of the parked vehicle. Permits shall be made of plastic or heavyweight cardboard and shall be of sufficient quality to ensure that the coloring of the permit and the ink used thereon will resist fading for a period of at least four years. Permits shall be issued to individuals, and the name of the individual and an identification number shall appear on the permit. The individual to whom a permit is issued may use the permit for any vehicle he or she is operating or in which he or she is a passenger. Permits shall also be issued to institutions when the primary purpose of a vehicle operated by the institution is to transport individuals with disabilities. The name of the institution, the license number of the particular vehicle, and an identification number shall appear on the permit. The institution may use such permit only for a vehicle which is operated by the institution and which is used primarily to transport individuals with disabilities.

(b) The department shall issue a temporary permit to any temporarily disabled person upon presentation of an affidavit of a practitioner of the healing arts stating that such person is a temporarily disabled person, the specific disability that limits or impairs the ability to walk, and a date until which such person is likely to remain disabled. The temporary permit shall be predominantly red in color and shall show prominently on its face an expiration date the same as the date specified by the physician for the likely termination of the disability, which date shall not be more than 180 days after the date the permit is issued. The expiration date shall be printed in a size of print that is legible when the permit is hung from the rearview mirror or displayed on the driver's side of the dashboard.

(c) The department shall issue a permanent permit to any person who is obviously permanently disabled and to any other permanently disabled person upon presentation of an affidavit of a practitioner of the healing arts stating that such person is a permanently disabled person and the specific disability that limits or impairs the ability to walk. The department shall also

GEORGIA lAWS 2000 SESSION

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issue a permanent permit to an institution which operates vehicles used primarily for the transportation of individuals with disabilities, upon presentation of a certification from the institution regarding use of its vehicles. The institution shall receive permits only for the number of vehicles so used and shall affix the permits to the driver's side of the dashboards of such vehicles. The permanent permit shall be predominantly blue in color and shall show prominently on its face an expiration date four years from the date it is issued. The expiration date shall be printed in a size of print that is legible when the permit is hung from the rearview mirror or displayed on the driver's side of the dashboard.
(d) Any individual to whom a specially designated disabled veteran's license plate has been issued pursuant to Code Sections 40-2-69 through 40-2-72 and any individual to whom a specially designated disabled person's license plate has been issued pursuant to Code Section 40-2-74 shall be authorized to park the passenger motor vehicle on which the specially designated license plate is attached in a parking place for persons with disabilities without the necessity of obtaining a parking permit for persons with disabilities pursuant to this part.

(e) The department shall issue a special permanent permit to any person who:
(1) Because of a physical disability drives a motor vehicle which has been equipped with hand controls for the operation of the vehicle's brakes and accelerator; or

(2) Is physically disabled due to the loss of, or loss of use of, both upper extremities.

This special permanent permit shall be gold in color and shall show prominently on its face an expiration date four years from the date it is issued. The expiration date shall be printed in a size of print that is legible when the permit is hung from the rearview mirror or displayed on the driver's side of the dashboard. Such a special permit may be used in the same manner as, and shall be subject to the provisions of this part relating to, other permanent parking permits for persons with disabilities and may also be used as provided in Code Section 10-1-164.1. In addition to any other required printing, the following shall be printed upon this special gold permit:

'Code Section 10-1-164.1 of the Official Code of Georgia Annotated requires that any owner or operator of a gasoline station that sells full-service gasoline at one price and self-service at a lower price shall provide the service of dispensing gasoline at the self-service price for the holder of

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GENERAL ACTS AND RESOLUTIONS, VOL. I

this special permit when such holder requests such service and is the operator of the vehicle and is not accompanied by another person 16 years of age or older who is not mobility impaired or blind."'

SECTION 4.

Said title is further amended by striking in its entirety Code Section 40-6-226, relating to offenses and penalties relating to parking for persons with disabilities, and inserting in lieu thereof a new Code Section 40-6-226 to read as follows:
"40-6-226.

(a) It shall be unlawful for any person to stop, stand, or park any vehicle in a parking place for persons with disabilities unless there is displayed on the driver's side of the dashboard or hung from the rearview mirror of the parked vehicle a valid unexpired parking permit for persons with disabilities or unless there is attached to the vehicle a specially designated license plate for disabled veterans or other disabled persons authorized under subsection (d) of Code Section 40-6-222.

(a.l) It shall be unlawful for any person to stop, stand, or park any vehicle in a parking place for persons with disabilities which is designated 'For Persons With Disabled Ambulatory Assistive Devices Only' unless:

(1) There is displayed on the driver's side of the dashboard or hung from the rearview mirror of the parked vehicle a valid unexpired parking permit for persons with disabilities or unless there is attached to the vehicle a specially designated license plate for disabled veterans or other disabled persons authorized under subsection (d) of Code Section 40-6-222; and

(2) A person with disabilities who is using a wheelchair, crutches, walker, or other ambulatory assistive device is the driver of or a passenger in such vehicle.

(b) (1) It shall be unlawful for any person to stop, stand, or park any vehicle in a parking place for persons with disabilities except for the purpose of allowing a disabled person to enter or get out of such vehicle while in such parking place. However, nothing in this paragraph shall prevent an ambulance or emergency vehicle from stopping in a parking place for persons with disabilities.

(2) It shall be unlawful for any person to stop, stand, or park any vehicle in a parking place for the nonambulatory as provided by a business pursuant to the provisions of Code Section 40-6-225 except for the purpose of allowing a nonambulatory permanently disabled person to enter or get out of such vehicle while in such parking place. However, nothing in this paragraph shall prevent an ambulance or emergency vehicle from stopping in a parking place for the nonambulatory.

GEORGIA lAWS 2000 SESSION

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(3) It shall be unlawful for any person to stop, stand, or park any vehicle in any area directly connecting with a parking place for persons with disabilities which area is clearly designed and designated for access to such parking place for persons with disabilities.

(c) It shall be unlawful for any person to obtain by fraud or counterfeit a parking permit for persons with disabilities.
(c.l) It shall be unlawful for any person to knowingly and willfully make a false or misleading statement in an application for a parking permit for persons with disabilities or in the affidavit of a practitioner of the healing arts stating that an applicant is a disabled person.

(d) It shall be unlawful for any person or institution, other than the one to whom a parking permit for persons with disabilities or specially designated license plate for the disabled person is issued, to make use of a parking permit for persons with disabilities or specially designated license plate for a disabled person. It shall be unlawful for any person to use a parking permit for persons with disabilities for any institutional vehicle other than the vehicle for which the permit has been issued.
(e) No person shall park a vehicle so as to block any entrance or exit ramp used by persons with disabilities on public or private property.

(f) (1) Any person violating subsection (c) or (c.1) of this Code section shall be guilty of a misdemeanor.

(2) Any person violating subsection (a), (a.1), (b), (d), or (e) of this Code section shall be subject to a fine of not less than $100.00 and not more than $500.00.

(g) In addition to the penalties provided for in subsection (f) of this Code section, any vehicle which is illegally parked in a parking place for persons with disabilities which is marked by a sign bearing the words 'Tow-Away Zone' as described in paragraph (3) of Code Section 40-6-221 on public or private property may be towed away or caused to be towed away by a proper law enforcement agency or the officiai security agency of said property at the expense of the owner of the vehicle or, if the vehicle is leased or rented, at the expense of the person responsible for payment on the lease or rental agreement.
(h) A property owner who is required to provide parking places for persons with disabilities shall designate each such place with a sign meeting the applicable requirements specified therefor by paragraph (3) of Code Section 40-6-221 and upon failure so to designate each such parking place for persons with disabilities shall be subject to a fine of $150.00 for each place which is not so designated; provided, however, that the fine will be waived if

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GENERAL ACTS AND RESOLUTIONS, VOL. I

the required designation is made within 14 days from the date of citation. If that property owner fails or refuses to designate properly the parking places for persons with disabilities within such 14 days, the property owner shall, on the fifteenth day after receiving the citation, be subject to the $150.00 fine for each place and an additional $5.00 fine for each place for each day that the owner fails to comply with provisions of this subsection until the places are properly designated. All fines assessed under this subsection shall be paid into the treasury of the city or county issuing the citation against the owner."
SECTION 5.

This Act shall become effective on July 1, 2000, and shall apply to license plates and parking permits issued on or after that date.

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

Approved May 1, 2000.

PROFESSIONS AND BUSINESSES - SNOW SKIING; DUTIES OF SKI AREA OPERATORS AND SKIERS; ASSUMPTION OF RISK.
Code Title 43, Chapter 43A Enacted.
No. 766 (House Bill No. 517).
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for certain requirements with respect to snow skiing safety; to define certain terms; to enumerate the inherent dangers of skiing and provide for assumption of risk with respect to such inherent dangers; to provide responsibilities and duties of passengers of passenger tramways; to provide for a sign system designating trails and slopes by degree of difficulty; to provide for the posting of signs; to provide for the location of signs; to provide for a warning notice relating to the inherent dangers of skiing; to provide for the posting of such warning; to provide for equipment on snow grooming equipment and snowmobiles; to provide for the revocation of skiing privileges of persons in violation of this Act; to provide that such authority shall not be construed as a duty to protect skiers from the actions of other skiers; to provide for the responsibilities and duties of skiers; to provide for responsibilities and duties of ski competitors and provide for an assumption of the risk; 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

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SECTION 1.

Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by inserting immediately following Chapter 43 a new chapter to read as follows:
"CHAPTER 43A

43-43A-l.
As used in this chapter, the term:
(1) 'Base area lift' means a passenger tramway to gain access to some other part of the ski area. (2) 'Competit~r means a skier engaging in competition or preparing for competition on a slope or trail designated by the ski area or used by the skier for the purpose of competition or training for competition.

(3) 'Conditions of ordinary visibility' means all periods of daylight, and, when visibility is not restricted by weather or other atmospheric conditions, nighttime.

(4) 'Inherent dangers and risks of skiing' means categories of danger or risks of skiing, or conditions of the sport of skiing that cause or can cause any injury, death, or property damage, including:

(A) Changing weather conditions;

(B) Surface and subsurface snow or ice conditions as they may exist or change from time to time, including variable conditions such as hard packed powder, packed powder, wind-blown snow, wind-packed snow, corn snow, crust slush, snow modified by skier use, or cut up snow; surface or subsurface snow or ice conditions as they exist or may change as the result of weather changes or skier use; snow created by or resulting from snow making or snow grooming operations; or collisions or falls resulting from such conditions;

(C) Surface or subsurface conditions other than those specified in subparagraph (B) of this paragraph, including dirt, grass, rocks, trees, stumps, other forms of forest or vegetative growth, stream beds, or other natural objects or debris; or collisions or falls resulting from such conditions;

(D) Collisions with: lift towers; components of lift towers; signs, posts, fences, mazes, or other enclosure devices; hydrants, pipes, or any other portions of snow making or snow delivery systems; snow grooming

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GENERAL ACTS AND RESOLUTIONS, VOL. I

equipment or other over-snow vehicles marked or lighted as required by this chapter; or collisions with or falls resulting from any such structures or any other manmade structures or their components;
(E) Variations in surface, contour, or steepness of terrain, including, but not limited to, moguls, ski jumps, roads, depressions, water bars, and cat walks; other terrain changes or modifications which occur naturally or result from slope design or construction, snow making, snow grooming, maintenance operations, or skier use; or collisions with or falls resulting from such variations; and
(F) Collisions with other skiers unless such collisions are caused by the failure on the part of other skiers to conduct themselves in accordance with the provisions of this chapter.
(5) 'Passenger' means a person who is lawfully being transported by a passenger tramway.
(6) 'Passenger tramway' means any mechanical device used to transport passengers uphill, but such term does not include over-snow vehicles.

(7) 'Ski area' means all snow ski slopes or trails and other places under the control of a ski area operator at a defined business location within this state.

(8) 'Ski area operator' means an individual, partnership, corporation, or other commercial entity who owns, manages, or otherwise directs or has operational responsibility for any ski area.
(9) 'Skier' means any person who uses any part of a ski area for the purpose of skiing, snowboard skiing, or sliding or moving on any device other than a motorized device or any person except a passenger who uses any of the facilities of the ski area, including the ski slopes and trails.

(10) 'Ski slopes or trails' means those areas open to the skiing public and designated by the ski area operator to be used by a skier. The designation may be generally set forth on trail maps and further designated by signage posted to indicate to the skiing public the intent that the areas be used by the skier for the purpose of skiing. Nothing in this paragraph implies that ski slopes or trails may not be restricted for use at the discretion of the ski area operator.

(11) 'Surface lift' means any passenger tramway that allows, the skier's sliding equipment to stay in contact with the skier and the snow during all of the uphill transportation.

GEORGIA LAWS 2000 SESSION

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4343A-2.

(a) No passenger shall use a passenger tramway if the passenger does not have sufficient knowledge, ability, or physical dexterity to negotiate or use the facility safely unless and until the passenger has asked for and received information sufficient to enable the passenger to use the equipment safely. A passenger is required to follow any written, verbal, or other instructions that are given by ski area personnel regarding the use of the passenger tramway.

(b) No passenger shall:

(1) Attempt to enter, use, exit, or leave a passenger tramway except at a location designated by ski area signage for that purpose, except that, in the event of a stoppage of the passenger tramway, a passenger may exit under the supervision and direction of the operator or its representatives, or, in the event of an emergency, a passenger may exit in order to prevent an injury to the passenger or others;

(2) Throw, drop, or release any object from a passenger tramway except as directed by the operator or its representatives;

(3) Act in any manner that may interfere with the proper or safe operation of the passenger tramway or cause any risk, harm, or injury to any person;

(4) Place in an uphill track of any surface lift any object that may cause damage to property or injury to any person;

(5) Use or attempt to use any passenger tramway marked as closed; or

(6) Disobey any instructions posted in accordance with this chapter or any verbal or other instructions of the ski area operator or its lawful designee regarding the use of passenger tramways.

4343A-3.

(a) Each ski area operator shall maintain a sign system with information for the instruction of passengers and skiers. Signs must be in English and visible in conditions of ordinary visibility and, where applicable, lighted for nighttime passengers. Without limitation, the signs shall be posted:

(1) At or near the loading point of each passenger tramway, regardless of the type, advising all persons that if they are not familiar with the operation of the device, they must ask the operator of the device for assistance and instructions and that they must understand such instructions before they attempt to use the passenger tramway; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) At or near the boarding area of each lift, setting forth the warning regarding inherent dangers and risks and duties as provided in this chapter.

(b) The ski area operator, before opening a passenger tramway to the public each day, shall inspect the passenger tramway for the presence and visibility of all required signs.

(c) The ski area operator shall post a sign visible to skiers who are proceeding to the uphill loading point of each base area lift which shall depict and explain the following signs and symbols that a skier may encounter at the ski area:

(1) A green circle and the word 'easier' designating the ski area's least difficult trails and slopes;

(2) A blue square and the words 'more difficult' designating the ski area's trails and slopes that have a degree of difficulty that lies between the least difficult and most difficult trails and slopes;

(3) A black diamond and the words 'most difficult' designating the ski area's most difficult trails and slopes;

(4) Two black diamonds and the words 'most difficult' designating a slope or trail which meets the description of 'most difficult' but which is particularly challenging; and

(5) Crossed poles or other images clearly indicating that a trail or slope is closed and may not be used by skiers.

(d) If applicable, a warning sign shall be placed at or near the loading point of a passenger tramway indicating that it provides access to only 'most difficult' or 'more difficult' slopes or trails.

(e) The ski area operator shall place a sign at or near the beginning of each trail or slope indicating the relative degree of difficulty of that particular trail or slope.

43-43A-4.

(a) The ski area operator shall post and maintain signs that contain the following warning notice:

'WARNING: Under Georgia law, every skier accepts the risk of any injury or death and damage to property resulting from any of the inherent dangers or risks of skiing. The inherent dangers or risks of skiing, or conditions of the sport of skiing that cause or can cause injury, death, or property damage, include:

(1) Changing weather conditions;

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(2) Surface and subsurface snow or ice conditions as they may exist or change from time to time, including variable conditions such as hard packed powder, packed powder, wind-blown snow, wind-packed snow, corn snow, crust slush, snow modified by skier use, or cut up snow; surface or subsurface snow or ice conditions as they exist or may change as the result of weather changes or skier use; snow created by or resulting from snow making or snow grooming operations; or collisions or falls resulting from such conditions;

(3) Surface or subsurface conditions other than those specified in paragraph (2) of this subsection, including dirt, grass, rocks, trees, stumps, other forms of forest or vegetative growth, stream beds, or other natural objects or debris; or collisions or falls resulting from such conditions;

(4) Collisions with: lift towers; components of lift towers; signs, posts, fences, mazes, or other enclosure devices; hydrants, pipes, or any other portions of snow making or snow delivery systems; snow grooming equipment or other over-snow vehicles marked or lighted as required by this chapter; or collisions with or falls resulting from any such structures or any other manmade structures or their components;

(5) Variations in surface, contour, or steepness of terrain, including, but not limited to, moguls, ski jumps, roads, depressions, water bars, and cat walks; other terrain changes or modifications which occur naturally or result from slope design or construction, snow making, snow grooming, maintenance operations, or skier use; or collisions with or falls resulting from such variations; and

(6) Collisions with other skiers.'

(b) A warning sign as described in subsection (a) of this Code section shall be placed:

(1) At the ski area in the location where lift tickets or ski school lessons are sold;

(2) In the vicinity of the uphill loading point of each base area lift; and

(3) At such other places as the ski area operator may select.

(c) Each sign required by subsection (a) of this Code section shall be no smaller than 3 feet by 3 feet and shall be white or yellow with black and red letters as specified in this subsection. The word 'WARNING' shall appear on the sign in red letters. The warning notice specified in subsection (a) of this Code section shall appear on the sign in black letters with each letter being a minimum of one inch in height.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(d) Every passenger tramway ticket sold may contain the warning notice specified in subsection (a) of this Code section.
43-43A-5.

(a) Any motorized snow grooming vehicle shall be equipped with at least a flashing or rotating light which shall be in operation whenever the vehicle is being operated on a ski slope or trail.

(b) While snow grooming vehicles are being used to maintain or groom any ski slope or trail while that slope or trail is open to the public, the ski operator shall place or cause to be placed a conspicuous sign or notice that warns of that activity at or near the top of that ski slope or trail or in the area of the off loading ramp of any lift servicing that ski slope or trail.

(c) All snowmobiles or other over-snow vehicles, other than snow grooming vehicles, that are being operated on the ski slopes or trails shall be equipped with at least the following:

(1) One lighted headlight;

(2) One lighted red taillight;

(3) A brake system maintained in operable condition; and

(4) A flag of at least 40 square inches mounted at least six feet above the bottom of the tracks of the vehicle.
43-43A-6.

Each ski area operator, upon finding a person skiing in violation of any posted regulations governing skiing conduct, may revoke that person's skiing privileges. This Code section shall not in any way be construed to create an affirmative duty on the part of the ski area operator to protect skiers from their own or other skiers' careless or reckless behavior, including any skier's violation of any duties set forth in this chapter.
43-43A-7.

Any other provision of law to the contrary notwithstanding:

(1) Each individual skier has the responsibility for knowing the range of his or her own ability to negotiate any ski slope or trail or any portion thereof and must ski within the limits of his or her ability. Each skier expressly accepts and assumes the risk of any injury or death or damage to property resulting from any of the inherent dangers and risks of skiing, as set forth in this chapter; provided, however, that injuries sustained in a collision with another skier are not an inherent risk of the sport for purposes of this Code section;

GEORGIA LAWS 2000 SESSION

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(2) Each skier has the duty to maintain control of his or her speed and course at all times and to maintain a proper lookout so as to be able to avoid other skiers and objects, natural or manmade. The skier shall have the primary duty to avoid colliding with any persons or objects below him or her on the trail;
(3) No skier shall ski on a ski slope or trail that has been posted as closed in accordance with the provisions of this chapter;
(4) Each skier shall stay clear of all snow grooming or snow making equipment, vehicles, lift towers, signs, and any other equipment at the ski area;
(5) Each skier shall obey all posted information, warnings, and requirements and shall refrain from acting in any manner that might cause or contribute to the injury of the skier or any other person. Each skier shall be charged with having seen and understood all information posted as required or permitted in this chapter. Each skier shall locate and ascertain the meaning of all signs posted in accordance with this chapter;
(6) Each sliding device used by a skier shall be equipped with a strap or other device designed to help reduce the risk of any runaway equipment should it become unattached from the skier;
(7) No skier shall cross the uphill track of any surface lift device except at locations designated by the operator, nor shall any person place any object in the uphill track of such a device;

(8) Before beginning to ski from a stationary position, or before entering a ski slope or trail, the skier shall have the duty of yielding to moving skiers already using the slope or trail;
(9) No skier shall stop where he or she obstructs a trail or is not visible from higher on the slope or trail; and
(10) No skier shall board or use or attempt to board or use any passenger tramway of any type or use any ski slope or trail while that skier's ability to do so is impaired by alcohol, drugs, or any controlled substance.

43-43A-8.
(a) Any competitor may, before the start of any formal or sanctioned skiing competition, make a visual inspection of the designated course where the competition is to be held.

(b) Competitors shall be held to accept any and all risks of injury or death that result from course conditions, including, but not limited to, those inherent dangers and risks of skiing as defined in this chapter, as well as ex-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

isting weather or snow conditions; course design, construction, or layout; or obstacles that a visual inspection prior to any training for or the start of the actual competitive event would have revealed."

SECTION 2.

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

Approved May 1, 2000.

REVENUE AND TAXATION - AD VALOREM TAXES; COUNTY SCHOOL TAXES; COLLECTION.
Code Section 48-5-404 Amended.
No. 767 (House Bill No. 518).
AN ACT
To amend Code Section 48-5-404 of the Official Code of Georgia Annotated, relating to collection of county school taxes by the tax commissioner or tax collector, so as to change certain provisions regarding the collection and disposition of county school taxes; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 48-5-404 of the Official Code of Georgia Annotated, relating to collection of county school taxes by the tax commissioner or tax collector, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) The tax commissioner or tax collector shall continue to collect unpaid county school taxes and all county school taxes levied pursuant to Article VIII, Section VI, Paragraph I of the Constitution of this state and shall be entitled to a commission of 2 1/2 percent for collecting the taxes. The tax commissioner or tax collector shall pay over to the county board of education all moneys collected for the schools on the same schedule of distributions as is provided for counties in Code Section 48-5-141. In those counties where the tax collector or tax commissioner is on a salary basis, the fees provided for in this Code section shall be collected by the tax commissioner or tax collector and paid over to the proper governing authority of the county."
SECTION 2.
This Act shall become effective on July 1, 2000.

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SECTION 3.

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

Approved May 1, 2000.

HIGHWAYS, BRlDGES, AND FERRlES - lAW ENFORCEMENT OFFICERS OF DEPARTMENT OF TRANSPORTATION; USE OF DRUG DOGS.
Code Section 32-6-29 Amended.
No. 768 (House Bill No. 520).
AN ACT
To amend Code Section 32-6-29 of the Official Code of Georgia Annotated, relating to law enforcement functions of the Department of Transportation, so as to provide that the commissioner shall authorize enforcement officers of the department to make use of drug detection dogs; to provide for enforcement powers of such officers with respect to unlawful drugs and controlled substances; 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 32-6-29 of the Official Code of Georgia Annotated, relating to law enforcement functions of the Department of Transportation, is amended by adding at its end a new subsection (e) to read as follows:
"(e) The commissioner shall authorize enforcement officers of the department to make use of dogs trained for the purpose of detection of drugs and controlled substances while such officers are engaged in the performance of their authorized duties. If such authorized use of such a dog indicates probable cause to indicate the presence of contraband, the officer or officers shall in those circumstances have the full authority of peace officers to enforce the provisions of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' and Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act'; provided, however, that the department must immediately notify the local law enforcement agency and district attorney of the jurisdiction where a seizure is made."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2.

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

Approved May 1, 2000.

COMMERCE AND TRADE - TELEMARKETING; DISCLOSURES REQUIRED FOR SOLICITATIONS.
Code Section 10-5&4 Amended.
No. 769 (House Bill No. 542).
AN ACT
To amend Code Section 10-5B-4 of the Official Code of Georgia Annotated, relating to required and prohibited telephone conduct and activities with respect to telemarketing, so as to make it unlawful for certain persons who make telephone offers to sell or telephone sales in this state to fail to promptly state clearly the name of the business on whose behalf the call is being made before any sales solicitation can begin and provide a telephone number or address at which the business can be contacted; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 10-5&4 of the Official Code of Georgia Annotated, relating to required and prohibited telephone conduct and activities with respect to telemarketing, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) It shall be unlawful tor any person who is jurisdictionally subject to the provisions of Chapter 5 of this title, the 'Georgia Securities Act of 1973'; the provisions of Chapter 5A of this title, relating to commodities and commodity contracts and options; the provisions of Chapter 14 of Title 43, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; or the provisions of Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of 1988,' and who makes any telephonic offer to sell or telephonic sale in this state:
( 1) To fail to promptly state clearly the name of the business on whose behalf the call is being made before any sales solicitation can begin and provide a telephone number or address at which the business can be contacted and shall not by electronics block their name and phone number from being identified by caller ID.

GEORGIA LAWS 2000 SESSION

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(2) To violate any rule, regulation, or order promulgated or issued by the Secretary of State under this chapter;
(3) In connection with a telephonic sale, selling telephonically, or telephonic solicitation of sale in or from this state, to employ a device, scheme, or artifice to defraud;

(4) In connection with a telephonic sale, selling telephonically, or telephonic solicitation of sale in or from this state, to engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon a person;

(5) Knowingly to cause to be made, in any document filed with the Secretary of State or in any proceeding under this chapter, any statement which is, at the time it is made and in light of the circumstances under which it is made, false or misleading in any material respect; or

(6) In connection with a telephonic solicitation of a monetary charitable contribution, to use the services of any person as a courier or otherwise to obtain personally receipt or possession of a monetary contribution from a residence."

SECTION 2.

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

Approved May 1, 2000.

PUBLIC OFFICERS AND EMPLOYEES - STATE EMPLOYEES' HEALTH INSURANCE PLAN; RETIRED EMPLOYEE MEMBERSHIP.
Code Section 45-18-l Amended.
No. 770 (House Bill No. 566).
AN ACT
To amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for inclusion in such plan state employees retired under a public retirement system; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

1202

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1.

Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, is amended by striking in its entirety subparagraph (B) of paragraph (2) of Code Section 45-18-1, relating to definitions, and inserting in lieu thereof the following:

"(B) An annuitant who at the time of his or her retirement worked full time for the state and received his or her compensation in a direct payment from a department, agency, or institution of state government and who draws a monthly benefit from the Employees' Retirement System of Georgia or the Georgia Judicial Retirement System;"

SECTION 2.

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

Approved May 1, 2000.

REVENUE AND TAXATION - SALES AND USE TAX; EXEMPTIONS FOR CERTAIN SALES TO OR BY LIBRARY-SUPPORTING NONPROFIT
ORGANIZATIONS; EXEMPTIONS FOR CERTAIN WHEELCHAIR SALES; EXEMPTION FOR CERTAIN GAS SALES.
Code Section 48-8-3 Amended.
No. 771 (House Bill No. 567).
AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales to housing authorities; to provide for an exemption for certain sales to or by nonprofit organizations having as their primary purpose the raising of funds for books, materials, and programs for public libraries; to provide for an exemption with respect to the sale or use of wheelchairs and certain related equipment; to provide for an exemption from state sales and use tax but not local sales and use tax with respect to the sale of certain natural or artificial gas used directly in the production of electricity; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2000 SESSION

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SECTION 1.

Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by adding a new paragraph immediately following paragraph (6), to be designated paragraph (6.1), to read as follows:

"(6.1) Sales to any housing authority created by Article 1 of Chapter 3 of Title 8, the 'Housing Authorities Law';".

SECTION 2.

Said Code section is further amended by striking "or" at the end of paragraph (62); by striking the period at the end of paragraph (63) and inserting in its place a semicolon; and by adding three new paragraphs immediately following paragraph (63), to be designated paragraphs (64), (65), and (66), to read as follows:

"(64) (A) For the purposes of this paragraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; by or pursuant to Part 1 of Article 3 of this chapter; or by or pursuant to Part 2 of Article 3 of this chapter.

(B) The sale of natural or artificial gas used directly in the production of electricity which is subsequently sold.

(C) The exemption provided for in subparagraph (B) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time.

(D) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph;

(65) Sales to or by any nonprofit organization which has as its primary purpose the raising of funds for books, materials, and programs for public libraries if such organization qualifies as a tax-exempt organization under Section 501 (c) (3) of the Internal Revenue Code; or

(66) The sale or use, to or by permanently disabled persons, of wheelchairs and any accompanying equipment, including seating equipment, all of which is manually or mechanically attached or adapted to such wheelchairs."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 3.

This Act shall become effective on July 1, 1999. SECTION 4.

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

Approved May 1, 2000.

MOTOR VEHICLES AND TRAFFIC -PROBATIONARY DRIVER'S LICENSE; REPLACEMENT FEE.
Code Section 40-5-58 Amended.
No. 773 (House Bill No. 587).
AN ACT
To amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators and probationary drivers' licenses, so as to provide that certain fees applicable to Class C drivers' licenses shall be applicable to replacements for lost or destroyed probationary drivers' licenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators and probationary drivers' licenses, is amended by striking paragraph (3) of subsection (e) and inserting in lieu thereof the following:
"(3) Upon compliance with the above conditions and the payment of a fee of $210.00 or $200.00 when processed by mail, such person may be issued a probationary driver's license by the department. Upon payment of a fee in an amount the same as that provided by Code Section 40-5-25 for issuance of a Class C driver's license, a person may be issued a replacement for a lost or destroyed probationary driver's license issued to him or her."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Approved May 1, 2000.

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1205

COURTS - SUPERIOR COURTS; CLERKS; REAL ESTATE GRANTORGRANTEE INDICES.
Code Section 15-6-61 Amended.

No. 774 (House Bill No. 597).

AN ACT

To amend Code Section 15-6-61 of the Official Code of Georgia Annotated, relating to duties of clerks of superior courts, so as to require clerks of superior courts to maintain and make readily available to the public printed copies of the real estate grantor and grantee indices updated regularly; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 15-6-61 of the Official Code of Georgia Annotated, relating to duties of clerks of superior courts, is amended by striking subsection (b) in its entirety, and inserting in its place the following:

"(b) Nothing in this Code section shall restrict or otherwise prohibit a clerk from electing to store for computer retrieval any or all records, dockets, indices, or files; nor shall a clerk be prohibited from combining or consolidating any books, dockets, files, or indices in connection with the filing for record of papers of the kind specified in this Code section 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 indices. When the clerk of superior 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. Regardless of the automated or computerized system elected, each clerk shall maintain and make readily available to the public, complete, printed copies of the real estate grantor and grantee indices updated regularly, prepared in compliance with paragraph (15) of subsection (a) of Code Section 15-6-61 and Code Section 15-6-66."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

LAW ENFORCEMENT OFFICERS AND AGENCIES -GEORGIA CRIME INFORMATION CENTER; RECORDS DISSEMINATION.
Code Sections 35-3-34 and 35-3-35 Amended.

No. 775 (House Bill No. 613).

AN ACT
To amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide that under certain conditions the Georgia Crime Information Center is authorized to disseminate electronically criminal history records of in-state felony convictions, pleas, and sentences to private persons, businesses, public agencies, and political subdivisions upon request without fingerprint comparison or consent of the person whose records are requested; 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 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 35-3-34, relating to dissemination of certain criminal history records to private persons and businesses, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Make criminal history records maintained by the center available to private persons and businesses under the following conditions:

(A) Private individuals and businesses requesting criminal history records shall, at the time of the request, provide the fingerprints of the person whose records are requested or provide a signed consent of the person whose records are requested on a form prescribed by the center which shall include such person's full name, address, social security number, and date of birth;

(B) The center may not provide records of arrests, charges, and sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by law; and

(C) When the identifying information provided is sufficient to identify persons whose records are requested electronically, the center may disseminate electronically criminal history records of in-state felony convictions, pleas, and sentences without:
(i) Fingerprint comparison; or

GEORGIA LAWS 2000 SESSION

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(ii) Consent of the person whose records are requested; or".

SECTION 2.

Said article is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 35-3-35, relating to dissemination of certain criminal history records to public agencies and political subdivisions, and inserting in lieu thereof a new paragraph (1) to read as follows:

"(1) Make criminal history records maintained by the center available to public agencies, political subdivisions, authorities, and instrumentalities, including state or federal licensing and regulatory agencies or their designated representatives, under the following conditions:

(A) Public agencies or political subdivisions shall, at the time of the request, provide the fingerprints of the person whose records are requested or provide a signed consent of the person whose records are requested on a form prescribed by the center which shall include such person's full name, address, social security number, and date of birth;

(B) The center may not provide records of arrests, charges, or sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by law; and

(C) When the identifying information provided is sufficient to identify persons whose records are requested electronically, the center may disseminate electronically criminal history records of in-state felony convictions, pleas, and sentences without:

(i) Fingerprint comparison; or

(ii) Consent of the person whose records are requested;".

SECTION 3.

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

Approved May 1, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

RETIREMENT AND PENSIONS- PUBLIC RETIREMENT SYSTEMS; MINIMUM FUNDING STANDARDS.

Code Sections 47-20-3 and 47-20-10 Amended.

No. 776 (House Bill No. 616).

AN ACT

To amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law," so as to define certain terms; to amend the minimum funding standards applicable to public retirement standards to ensure compliance with federal law; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law," is amended by striking in its entirety Code Section 47-20-3, relating to definitions relative to such chapter, and inserting in lieu thereof the following:

"47-20-3.

As used in this chapter, the term:

(1) 'Accumulated retirement system benefits' means benefits that are attributable under the provisions of a retirement system to employees' service rendered to a specific valuation date.

(2) 'Actuarial accrued liability' means that portion, as determined by a particular actuarial cost method, of the actuarial present value of retirement system benefits and expenses which is not provided for by future normal costs.

(3) 'Actuarial assumptions' means assumptions as to the occurrence of future events affecting retirement system costs such as: mortality, withdrawal, disability, and retirement; changes in compensation and national pension benefits; rates of investment earnings and asset appreciation or depreciation; procedures used to determine the actuarial value of assets; and other relevant items.

(4) 'Actuarial cost method' means a procedure for determining the actuarial present value of retirement system benefits and expenses and for developing an actuarially equivalent allocation of such value to time periods, usually in the form of a normal cost and an actuarial accrued liability. Acceptable actuarial cost methods are the aggregate, attained age, entry age, frozen attained age, frozen entry age, and unit credit methods.

GEORGIA LAWS 2000 SESSION

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(5) 'Actuarial present value' means the value of an amount or series of amounts payable or receivable at various times from a retirement system, determined as of a given date by the application of a particular set of actuarial assumptions.
(6) 'Actuarial present value of accumulated retirement system benefits' means the amount as of a valuation date that results from applying actuarial assumptions to the accumulated retirement system benefits, with the actuarial assumptions being used to adjust those benefits to reflect the time value of money (through discounts for interest) and the probability of payment (by means of decrements such as for death, disability, withdrawal, or retirement) between the valuation date and the expected date of payments.
(7) 'Actuarial valuation' means the determination, as of a valuation date, of the normal cost, actuarial accrued liability, actuarial value of assets, and related actuarial present values for a retirement system.
(8) 'Actuarial value of assets' means the value of cash, investments, and other property belonging to a retirement system, as used by the actuary for the purpose of an actuarial valuation.
(9) 'Actuary' means an actuary who is enrolled under Subtitle C of Title III of the federal Employee Retirement Income Security Act of 1974, P.L. 93406.
(10) 'Amortization contribution' means the excess in total employer and employee contributions over normal cost.
(10.1) 'Annual required contribution' means the annual required contribution determined in accordance with the requirements of Governmental Accounting Standards Board Statements No. 25 and No. 27 or any subsequent applicable Governmental Accounting Standards Board statements.

(11) 'Beneficiary' means a person receiving or entitled to receive a benefit pursuant to a retirement system.
(12) 'Benefit' means any benefit, including disability benefits, which is paid or payable to a beneficiary under a retirement system.
(13) 'Benefit increase' means a change in or amendment to a retirement system which results or will result in an increase in the benefits being paid or which will be paid to a beneficiary or potential beneficiary under a retirement system and includes any change in a retirement system which decreases the requirements for becoming eligible to receive a benefit and any change which grants or authorizes a member or members of a retire-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ment system to obtain additional creditable service under the retirement system for service rendered in a capacity other than as a member of the retirement system.

(14) 'Employee' means officials and employees of the state or of any department, board, bureau, commission, authority, or other agency thereof and the officials and employees of a political subdivision or any agency thereof who are or who become members of a retirement system.

(15) 'Employee contribution' means that part of the compensation of an employee which is paid by or on behalf of an employee as a contribution to a retirement system.

(16) 'Employer' means the State of Georgia for any retirement system financially supported in whole or in part by appropriations made by the General Assembly, by the proceeds of a tax levied by law enacted by the General Assembly, or by fines and forfeitures or portions of fines and designated by law as a source of funding for a retirement system; and, for any retirement system supported in whole or in part by the funds of a political subdivision, 'employer' means the local governing authority authorizing or providing for the local retirement system.

(17) 'Employer contribution' means:

(A) Funds paid by an employer to support financially a retirement system;

(B) Public funds, whether by taxes, fines and forfeitures, or other sources, devoted to the financial support of a retirement system; and

(C) Any other funds, other than employee contributions, used to support financially a retirement system.

(18) 'Legislatively controlled retirement system' means a retirement system in existence on January 1, 1984, which was created by an Act of the General Assembly and which may be amended only by an Act of the General Assembly.

(19) 'Local governing authority' means the council, board of aldermen, board of commissioners, commissioner, local board of education, or other person or body of persons entrusted by law with the administration, management, and control of the fiscal affairs of a political subdivision.

(19.1) 'Negative unfunded actuarial accrued liability' means for any actuarial valuation the excess of actuarial value of assets over the actual accrued liability of a retirement system under an actuarial cost method utilized by the retirement system for funding purposes.

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(20) 'Normal cost' means that portion of the actuarial present value of a retirement system benefits and expenses which is allocated to a valuation year by the actuarial cost method used for the retirement system.
(21) 'Political subdivision' means any county, municipality, or local school district of this state or any authority created for or on behalf of any such political subdivision or created for or on behalf of any combination of such political subdivisions.

(22) 'Retirement bill' means any bill or resolution introduced into the General Assembly which creates or affects a retirement system.
(23) 'Retirement system' means any retirement or pension plan or any other plan or program which exists on January 1, 1984, or which is created or established on or after that date, and which is maintained by an employer or maintained pursuant to law or other authority of an employer for the purpose of paying benefits to employees or their beneficiaries after employees cease active employment by retirement, disability, death, or other termination. The term 'retirement system' shall include any plan or program which creates a retired position, commonly referred to as 'emeritus,' and provides a salary for the retired position in lieu of a retirement benefit. The term 'retirement system' shall not include an individual retirement account or other plan which provides for an individual account for each participant and for benefits based solely upon the amount contributed to the participant's account and any income, expenses, gains, and losses and any forfeitures of accounts of other participants which may be allocated to a participant's account.

(24) 'Retirement system administrator' means the board of trustees or other body or individual having responsibility, either by law or by other authority of an employer, for the management and administration of a retirement system.

(25) 'Unfunded actuarial accrued liability' means for any actuarial valuation the excess of the actuarial accrued liability over the actuarial value of the assets of a retirement system under an actuarial cost method utilized by the retirement system for funding purposes."

SECTION 2.

Said chapter is further amended by striking in its entirety Code Section 47-2010, relating to minimum annual employer contributions relative to public retirement systems, and inserting in lieu thereof the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"47-20-10.
(a) In order to assure the actuarial soundness of each retirement system, the minimum annual employer contribution for each retirement system, unless excepted by Code Section 47-20-13, shall be the sum of the amounts determined under paragraphs (1), (2), and (3) of this subsection minus the amount determined under paragraph (4) of this subsection; provided, however, that under no circumstances shall the minimum annual employer contribution be less than zero or result in a contribution credit for a subsequent year.
(1) The normal cost of the retirement system for the year; plus

(2) The amounts necessary to amortize:

(A) The unfunded actuarial accrued liability over a period of 40 years in the case of a retirement system in existence on January 1, 1983, based on the first actuarial valuation of the retirement system which is made on or after January 1, 1984; or

(B) The unfunded actuarial accrued liability over a period of 30 years in the case of a retirement system which is created or established after January 1, 1983, based on the first actuarial valuation of the retirement system; plus

(C) The increase, if any, in unfunded actuarial accrued liability over a period of 20 years for any such increase which occurs after January 1, 1984, during any year as a result of changes made in the provisions of the retirement system affecting active employees; plus
(D) The increase, if any, in unfunded actuarial accrued liability over a period of 15 years for any such increase which occurs from experience under the actuarial assumptions applicable to the retirement system; plus

(E) The increase, if any, in unfunded actuarial accrued liability over a period of 30 years for any such increase resulting from changes in actuarial assumptions applicable to the retirement system; plus

(3) If not otherwise included in the calculations under paragraph (1) or (2) or paragraphs (1) and (2) of this subsection:

(A) The amount necessary to amortize over a period of ten years in equal annual installments the increase, if any, in unfunded actuarial accrued liability resulting from benefit increases granted during the year to beneficiaries under the retirement system; or

(B) The amount necessary to pay the amount of increase in benefits granted during the year to beneficiaries under the retirement system on a current disbursement or pay-as-you-go basis; minus

GEORGIA LAWS 2000 SESSION

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(4) The amount:

(A) Necessary to amortize the decrease, if any, in unfunded actuarial accrued liability over a period of 20 years for any such decrease which occurs after January 1, 1984, during any year as a result of changes made in the provisions of the retirement system; plus
(B) Necessary to amortize the decrease in unfunded actuarial accrued liability, if any, over a period of 15 years for any such decrease which occurs from experience under the actuarial assumptions applicable to the retirement system; plus

(C) Necessary to amortize the decrease in unfunded actuarial accrued liability, if any, over a period of 30 years for any such decrease resulting from changes in the actuarial assumptions applicable to the retirement system; plus
(D) In excess of the minimum annual employer contribution required by this Code section which accumulates after January 1, 1984; plus

(E) Employee contributions for the year.
(b) In the case of a retirement system which uses a formula related to the compensation of the members of the retirement system as a basis for the calculation of benefits under the retirement system, the amortization amounts required by subsection (a) of this Code section, except for the amount determined under paragraph (3) of subsection (a) of this Code section, may be determined as a level percentage of future compensation. If such level percentage amortization is used, the actuarial assumption for future annual payroll growth shall not exceed the actuarial assumed valuation interest rate of the retirement system less 2 1/2 percent. The minimum standards provided by subsection (a) of this Code section are deemed to have been met if such level percentage amortization is used, and the employer contribution is equal to the annual required contribution as is determined in accordance with the provisions of Governmental Accounting Standards Board Statements No. 25 and No. 27.

(c) In the case of a retirement system which does not use a formula related to the compensation of the members of such retirement system as a basis for the calculation of benefits under such retirement system, the minimum funding standards provided for in subsection (a) of this Code section shall be deemed to have been met if the employer contribution is equal to or greater than the annual contribution as determined in accordance with the provisions of Governmental Accounting Standards Board Statements No. 25 and No. 27.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(d) (1) The minimum funding standards provided for in subsection (a) of this Code section shall be deemed to have been met if as of the latest actuarial valuation a retirement system has a negative unfunded actuarial accrued liability and the employer contribution is equal to or greater than the annual required contribution as determined in accordance with the provisions of Governmental Accounting Standards Board Statements No. 25 and No. 27; provided, however, that in no case shall the negative unfunded actuarial accrued liability be amortized over a period of less than ten years. If a retirement system has such a negative unfunded actuarial accrued liability, the amounts necessary to amortize under paragraphs (2), (3), and (4) of subsection (a) of this Code section established prior to the current actuarial valuation date will be considered to be fully amortized under the minimum funding standards provided by subsection (a) of this Code section.

(2) In any actuarial valuation subsequent to the valuation in which a retirement system is found to have complied with the provisions of paragraph (1) of this subsection, if the retirement system still has a negative unfunded actuarial accrued liability, the only amortization required under such minimum funding standards will be an amortization of the negative unfunded actuarial accrued liability over a period of not less than ten years of the actuarial accrued liability. For any such subsequent actuarial valuations, whenever the retirement system again has an unfunded actuarial accrued liability, the minimum standards provided by subsection (a) of this Code section shall apply with new amounts necessary to amortize the newly created unfunded actuarial accrued liability.

(e) In determining the minimum annual employer contribution under subsection (a) of this Code section:
(1) All benefits which it is reasonable to anticipate will be paid from the retirement system because of the current active members and payments to beneficiaries shall be taken into account; and

(2) All costs, liabilities, and other factors under the retirement system shall be determined by an actuary on the basis of an actuarial cost method and actuarial assumptions which, in the aggregate, are reasonable, considering the experience of the retirement system and reasonable expectations, and which, in combination, offer the actuary's best estimate of anticipated experience under the retirement system.

(f) Upon completion of the first actuarial investigation of a retirement system after January 1, 1984, and for each subsequent actuarial investigation, the minimum annual employer contribution required by this Code section shall be increased by an amount equivalent to the interest earned on such minimum annual employer contribution, based on the actuarial assumed valuation interest rate applicable to the retirement system, from the date of

GEORGIA LAWS 2000 SESSION

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such actuarial investigation until the date the minimum annual employer contribution is made to the retirement system. This subsection shall not apply to a retirement system to which annual employer contributions are being made in excess of the minimum annual employer contribution required by this Code section.

(g) In no event will employee contributions of active members of a retirement system be used to pay benefits to beneficiaries under the retirement system.
(h) The minimum funding requirements of this Code section shall not apply to prefunding, in whole or in part, of anticipated future costs of providing health care benefits and related expenses including, without limitation, provision of all or part of the cost of health insurance coverage and health maintenance organization participation costs for retired employees of a political subdivision including those presently retired and those anticipated to retire in the future. Such prefunding may be maintained as part of the same investment pool as the fund receiving employer and employee contributions to pay the cost of providing retirement benefits under any retirement system maintained by the political subdivision for its employees so long as such funds are separately accounted for and separate records are maintained with respect to each fund. Funds maintained by a political subdivision for the purpose of prefunding health care benefits for retired employees may be invested and reinvested in accordance with the provisions of Code Section 47-1-12, and, for the purposes of that Code section and the home rule provisions of the laws and the Constitution of the State of Georgia, such funds shall be considered retirement funds."

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

Approved May 1, 2000.

CRIMES AND OFFENSES - CONTROLLED SUBSTANCE OFFENSES COMMITTED IN PROXIMITY OF PARK OR HOUSING PROJECT.
Code Section 16-13-32.5 Amended.
No. 777 (House Bill No. 649).
AN ACT
To amend Code Section 16-13-32.5 of the Official Code of Georgia Annotated, relating to manufacturing, distributing, dispensing, or possessing a controlled substance, marijuana, or a counterfeit substance within 1,000 feet of a park or

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GENERAL ACTS AND RESOLUTIONS, VOL. I

housing project, so as provide a penalty for the violation of one of two prohibited activities; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 16-13-32.5 of the Official Code of Georgia Annotated, relating to manufacturing, distributing, dispensing, or possessing a controlled substance, marijuana, or a counterfeit substance within 1,000 feet of a park or housing project, is amended by striking in its entirety subsection (c) and inserting in lieu thereof the following:

"(c) Any person who violates or conspires to violate subsection (a) or (b) of this Code section shall be guilty of a felony and upon conviction shall receive the following punishment:

(1) Upon a first conviction, imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both; or

(2) Upon a second or subsequent conviction, imprisonment for not less than five years nor more than 40 years or a fine of not more than $40,000.00, or both. It shall be mandatory for the court to impose a minimum sentence of five years which may not be suspended unless otherwise provided by law.

A sentence imposed under this Code section shall be served consecutively to any other sentence imposed."

SECTION 2.

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

SECTION 3.

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

Approved May 1, 2000.

GEORGIA LAWS 2000 SESSION

1217

RETIREMENT AND PENSIONS- EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; DISTRICT ATTORNEYS' EMPLOYEES; CREDITABLE SERVICE.
Code Section 47-2-265 Amended.

No. 778 (House Bill No. 654).

AN ACT

To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide for creditable service for certain employees of district attorneys for certain prior service; to provide for the payment of employee and employer contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by inserting at the end of Code Section 47-2-265, relating to membership in such retirement system by district attorney investigators, the following:

"(e) Any member who became a member by operation of this Code section shall be eligible to obtain creditable service for all prior service as such district attorney investigator prior to becoming a member of this retirement system. To obtain such creditable service, the member must apply to the board of trustees not later than December 31, 2000, or within six months after becoming a member, whichever date is later, and must provide such evidence of such prior service as the board deems necessary. The employee shall pay to the board of trustees of this retirement system any employee and employer contributions which would have been paid to this retirement system had such employee been a member of this retirement system at the time such service was rendered plus interest thereon at the rate of 5 percent per annum."

SECTION 2.

This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 3.

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

Approved May 1, 2000.

INSURANCE - TRANSACTION BY LENDING INSTITUTIONS AND BANK HOLDING COMPANIES.
Code Section 33-3-23 Amended.
No. 779 (House Bill No. 656).
AN ACT
To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, so as to change certain provisions relating to transaction of insurance by lending institutions and bank holding companies; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, is amended by striking Code Section 33-3-23, relating to restrictions as to transaction of insurance by lending institutions and bank holding companies, and inserting in lieu thereof the following:
"33-3-23.
(a) For the purposes of this Code section, the term:
(1) 'Bank holding company' means the definition as set forth in Code Section 7-1-600 and in Section 2 of an act of Congress entitled the Bank Holding Company Act of 1956, as amended.
(2) 'Lending institution' means any domestic institution that accepts deposits from the public and lends money, including banks and savings and loan associations.
(b) A lending institution, bank holding company, or subsidiary or affiliate of either of the foregoing doing business in this state, or any officer or employee of any of the foregoing, may be licensed to sell insurance, including but not limited to credit insurance, in this state and may engage in underwriting and act as an underwriter for credit life insurance and credit acci-

GEORGIA lAWS 2000 SESSION

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dent and sickness insurance subject to the provisions of this title and in conformity with rules and regulations promulgated by the Commissioner of Insurance.
(c) Nothing in this chapter shall prohibit the purchase of mortgage guaranty insurance, also called credit loss insurance, by a lending institution from a mortgage guaranty insurance company directly or indirectly.

(d) No lending institution, bank holding company, or any subsidiary or affiliate of any of the foregoing doing business in this state that was not in the business of selling title insurance on or before April 1, 2000, shall be permitted to sell title insurance."

SECTION 2.

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

Approved May 1, 2000.

STATE GOVERNMENT- GEORGLt\ COMMISSION ON WOMEN; MEMBERS.
Code Section 50-12-80 Amended.
No. 780 (House Bill No. 658).
AN ACT
To amend Code Section 50-12-80 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Commission on Women, so as to change provisions relating to the terms of membership; to provide for the removal of members for four consecutive unexcused absences; to require fulltime Georgia residency; to provide for staggered terms of office; 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 50-12-80 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Commission on Women, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The members of the commission shall be women and men of recognized ability and achievement. All vacancies shall be filled for the unexpired term by the original appointing official. Except as otherwise provided in subsection (c) of this Code section, members shall serve for terms

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GENERAL ACTS AND RESOLUTIONS, VOL. I

of four years and shall be eligible for successive appointments by an appointing official. Any member with four consecutive unexcused absences from regular monthly meetings may be removed from the commission by the appointing official. Each person appointed to the commission shall be a full-time resident of Georgia. Any member who ceases to be a full-time resident of this state during the term of his or her membership shall be removed from the commission and such vacancy shall be filled by the Governor."
SECTION 2.

Said Code section is further amended by adding at the end thereof a new subsection (c) to read as follows:
"(c) To effect staggered terms of office for members of the commission and effective with members appointed for terms beginning in 2000, the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives shall each appoint: two members for two-year terms of office; two members for three-year terms of office; and one member for a one-year term of office. Thereafter, all members shall be appointed to serve four-year terms of office."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

INSURANCE - HEALTH; POLICY CARDS; REQUIRED INFORMATION.
Code Section 33-24-57.1 Enacted.
No. 781 (House Bill No. 670).
AN ACT
To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions governing insurance generally, so as to provide for required information to be provided on certain health policy insurance cards; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2000 SESSION

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SECTION 1.

Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions governing insurance generally, is amended by adding immediately following Code Section 33-24-57, relating to certain prohibitions on health insurance coverage termination, a new Code section to read as follows:
"33-24-57 .1.
(a) As used in this Code section, the term:

(1) 'Health policy' means any health care plan, dental plan, subscriber contract, or other policy plan or contract by whatever name called, including without limitation any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45; other than a disability income policy, a long-term care insurance policy, a medicare supplement policy, a health insurance policy written as a part of workers' compensation equivalent coverage, a specified disease policy, a credit insurance policy, a hospital indemnity policy, a limited accident policy, or other type of limited accident and sickness policy.

(2) 'Insurer' means a health care corporation, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance corporation, provider sponsored health care corporation, any similar entity authorized to issue contracts under this title, or the plan administrator of any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45.

(b) Each insurer writing a health policy in this state shall provide subscribers of such policies with an insurance identification card, which shall, at a minimum, contain the following preprinted, not handwritten, information:

(1) The subscriber's name and:

(A) The names of all other persons included under the subscriber's coverage; or

(B) If a separate card is issued for each person included under the subscriber's coverage, the name of the covered person for whom such card is issued may be listed in lieu of the information required by subparagraph (A) of this paragraph;

(2) The subscriber's identification number;

(3) The group number, if applicable;

(4) The effective date of coverage;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(5) The name of the subscriber's primary care physician, if applicable;

(6) The name of the subscriber's insurer, the name of the health plan, and the plan type or product name, if applicable;
(7) The address of the office where claims are to be filed;

(8) The insurer's contact phone numbers and the phone number for coverage confirmation and preauthorization, if applicable;

(9) The policy's requirements as to copayments, coinsurance payments, or deductibles, as applicable; and

(10) Either the name of the primary hospital and of the laboratory and radiology services to be used or a toll-free or local telephone number for contacting the health plan and obtaining such information. Such a tollfree or local telephone number shall be available to health care providers and consumers to obtain eligibility and coverage information from at least 7:00 A.M. until 9:00 P.M. daily on Monday through Friday, whether staffed by a live person or via an automated phone-line basis.
(c) Any insurance identification card which contains the information required by subsection (b) of this Code section in preprinted form may, at the option of the insurer, additionally contain at least such information encoded on a magnetic strip or other electronic memory card.
(d) In addition to the information required by subsection (b) of this Code section, each insurance identification card provided under this Code section shall contain prescription drug coverage information, if applicable. Information provided pursuant to this subsection shall include:
(1) BIN number;

(2) Processor control number, if applicable; and

(3) Pharmacy help desk telephone number and names.

(e) So as to ensure that insurance identification cards issued under this Code section contain accurate and updated information, each insurer shall provide each subscriber with a new insurance identification card whenever any information required to be on the card is changed not later than 60 days after such change becomes effective. If the insurer issues annual renewal cards, it may issue a temporary sticker containing the new information in lieu of issuing a new card prior to the annual renewal date. Such sticker shall be so designed that it can be attached to the existing card."

SECTION 2.

This Act shall become effective on July 1, 2000, and shall apply to all policies issued, delivered, issued for delivery, or renewed on or after such date.

GEORGIA LAWS 2000 SESSION

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SECTION 3.

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

Approved May 1, 2000.

REVENUE AND TAXATION - AD VALOREM TAXES; HOMESTEAD EXEMPTION FOR DISABLED VETERANS AND SURVIVORS THEREOF.
Code Section 48-548 Amended.
No. 782 (House Bill No. 684).
AN ACT
To amend Code Section 48-548 of the Official Code of Georgia Annotated, relating to a certain homestead exemption for disabled veterans and certain surviving family members, so as to change certain references to federal law; to clarify the maximum amount of such exemption which may be granted to a disabled veteran or the unremarried surviving spouse or minor children of any such disabled veteran as of January 1, 1999; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 48-548 of the Official Code of Georgia Annotated, relating to a certain homestead exemption for disabled veterans and certain surviving family members, is amended by striking subsections (a) and (b) in their entirety and inserting in lieu thereof a new subsections (a) and (b) to read as follows:
"(a) As used in this Code section, the term 'disabled veteran' means:
(1) A wartime veteran who was discharged under honorable conditions and who has been adjudicated by the Department of Veterans Affairs of the United States as being totally and permanently disabled and entitled to receive service connected benefits so long as he or she is 100 percent disabled and receiving or entitled to receive benefits for a 100 percent service connected disability;
(2) An American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and that he or she is disabled due to the loss or loss of use of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; due to blindness in both eyes, having only light perception, together with the loss or loss of use of one lower extremity; or due to the loss or loss of use

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GENERAL ACTS AND RESOLUTIONS, VOL. I

of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair;

(3) Any disabled veteran who is not entitled to receive benefits from the Department of Veterans Affairs but who qualifies otherwise, as provided for by Article VII, Section I, Paragraph IV of the Constitution of Georgia of 1976;

(4) An American veteran of any war or armed conflict who is disabled due to loss or loss of use of one lower extremity together with the loss or loss of use of one upper extremity which so affects the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; or

(5) A veteran becoming eligible for assistance in acquiring housing under Section 2101 of Title 38 of the United States Code as hereafter amended on or after July 1, 1999.

(b) Any disabled veteran as defined in any paragraph of subsection (a) of this Code section who is a citizen and resident of Georgia is granted an exemption of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended, on his or her homestead which such veteran owns and actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal, and school purposes. As of January 1, 1999, the maximum amount which may be granted to a disabled veteran under the above-stated federal law is $43,000.00. The value of all property in excess of the exempted amount cited above shall remain subject to taxation. The unremarried surviving spouse or minor children of any such disabled veteran as defined in this Code section shall also be entitled to an exemption of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended, on the homestead so long as the unremarried surviving spouse or minor children continue actually to occupy the home as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal, and school purposes. As of January 1, 1999, the maximum amount which may be granted to the unremarried surviving spouse or minor children of any such disabled veteran under the above-stated federal law is $43,000.00. The value of all property in excess of such exemption granted to such unremarried surviving spouse or minor children shall remain subject to taxation."

GEORGIA LAWS 2000 SESSION

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SECTION 2.

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

Approved May 1, 2000.

CIVIL PRACTICE - SERVICE OF SUMMONS; METHOD; WAIVER.
Code Title 9 Amended. Code Sections 16-13-49, 44-9-41, and 49-4-163 Amended.
No. 783 (House Bill No. 708).
AN ACT
To amend Article 2 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement of actions and service, so as to authorize waiver of service of a summons; to provide that waiving service does not waive any objection to venue or personal jurisdiction; to provide for a duty to avoid unnecessary costs in serving a summons; to provide for a request of waiver of service and its content, form, and manner of dispatch; to provide for imposition of costs in certain circumstances and to set out what costs shall be included; to provide for additional time for a defendant who waives service to answer the complaint; to provide for forms; to change cross-references to correlate with such amendment; to amend Code Section 9-6-63 of the Official Code of Georgia Annotated, relating to service of writ and process in actions seeking a writ of quo warranto, Code Section 9-11-30 of the Official Code of Georgia Annotated, relating to depositions upon oral examination, Code Section 9-11-40 of the Official Code of Georgia Annotated, relating to the time and place of civil trials, Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures relative to violations of certain laws relating to controlled substances, Code Section 44-9-41 of the Official Code of Georgia Annotated, relating to petitions seeking an easement of private way, and Code Section 48-4-146.3 of the Official Code of Georgia Annotated, relating to forfeiture of property and proceeds obtained through Medicaid fraud, so as to change cross-references to correlate with the amendment of Code Section 9-114; 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 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement of actions and service, is amended by striking in its entirety Code Section 9-11-4, relating to process, and inserting in its place the following:

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"9-11-4.

(a) Summons - Issuance. Upon the filing of the complaint, the clerk shall forthwith issue a summons and deliver it for service. Upon request of the plaintiff, separate or additional summons shall issue against any defendants.
(b) Summons -Form. The summons shall be signed by the clerk; contain the name of the court and county and the names of the parties; be directed to the defendant; state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address; and state the time within which this chapter requires the defendant to appear and file appropriate defensive pleadings with the clerk of the court, and shall notify the defendant that in case of the defendant's failure to do so judgment by default will be rendered against him or her for the relief demanded in the complaint.
(c) Summons -By whom served. Process shall be served by the sheriff of the county where the action is brought or where the defendant is found, or by such sheriff's deputy, or by the marshal or sheriff of the court, or by such official's deputy, or by any citizen of the United States specially appointed by the court for that purpose, or by someone who is not a party and is not younger than 18 years of age and has been appointed as a permanent process server by the court in which the action is brought. Where the service of process is made outside of the United States, after an order of publication, it may be served either by any citizen of the United States or by any resident of the country, territory, colony, or province who is specially appointed by the court for that purpose. When service is to be made within this state, the person making such service shall make the service within five days from the time of receiving the summons and complaint; but failure to make service within the five-day period will not invalidate a later service.

(d) Waiver of service.

(1) A defendant who waives service of a summons does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of the defendant.

(2) Upon receipt of notice of an action in the manner provided in this subsection, the following defendants have a duty to avoid unnecessary costs of serving the summons:
(A) A corporation or association that:

(i) Is subject to service under paragraph (1) or (2) of subsection (e) of this Code section; and

(ii) Receives notice of such action by an agent other than the Secretary of State; and

(B) A natural person who:

GEORGIA lAWS 2000 SESSION

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(i) Is not a minor; and

(ii) Has not been judicially declared to be of unsound mind or incapable of conducting his or her own affairs.

(3) To avoid costs, the plaintiff may notify such a defendant of the commencement of the action and request that the defendant waive service of a summons. The notice and request shall:

(A) Be in writing and shall be addressed directly to the defendant, if an individual, or else to an officer or managing or general agent or other agent authorized by appointment to receive service of process for a defendant subject to service under paragraph (1) or (2) of subsection (e) of this Code section;

(B) Be dispatched through first-class mail or other reliable means;

(C) Be accompanied by a copy of the complaint and shall identify the court in which it has been filed;

(D) Make reference to this Code section and shall inform the defendant, by means of the text prescribed in subsection (I) of this Code section, of the consequences of compliance and of failure to comply with the request;

(E) Set forth the date on which the request is sent;

(F) Allow the defendant a reasonable time to return the waiver, which shall be at least 30 days from the date on which the request is sent, or 60 days from that date if the defendant is addressed outside any judicial district of the United States; and

(G) Provide the defendant with an extra copy of the notice and request, as well as a prepaid means of compliance in writing.

(4) If a defendant located within the United States that is subject to service inside or outside the state under this Code section fails to comply with a request for a waiver made by a plaintiff located within the United States, the court shall impose the costs subsequently incurred in effecting service on the defendant unless good cause for the failure is shown.

(5) A defendant that, before being served with process, returns a waiver so requested in a timely manner is not required to serve an answer to the complaint until 60 days after the date on which the request for waiver of service was sent, or 90 days after that date if the defendant was addressed outside any judicial district of the United States.

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(6) When the plaintiff files a waiver of service with the court, the action shall proceed, except as provided in paragraph (5) of this subsection, as if a summons and complaint had been served at the time of filing the waiver, and no proof of service shall be required.

(7) The costs to be imposed on a defendant under paragraph (4) of this subsection for failure to comply with a request to waive service of summons shall include the costs subsequently incurred in effecting service, together with the costs, including a reasonable attorney's fee, of any motion required to collect the costs of service.

(e) Summons -Personal service. Except for cases in which the defendant has waived service, the summons and complaint shall be served together. The plaintiff shall furnish the clerk of the court with such copies as are necessary. Service shall be made by delivering a copy of the summons attached to a copy of the complaint as follows:

(1) If the action is against a corporation incorporated or domesticated under the laws of this state or a foreign corporation authorized to transact business in this state, to the president or other officer of the corporation, secretary, cashier, managing agent, or other agent thereof, provided that when for any reason service cannot be had in such manner, the Secretary of State shall be an agent of such corporation upon whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him or her or with any other person or persons designated by the Secretary of State to receive such service a copy of such process, notice, or demand, along with a copy of the affidavit to be submitted to the court pursuant to this Code section. The plaintiff or the plaintiffs attorney shall certify in writing to the Secretary of State that he or she has forwarded by registered mail such process, service, or demand to the last registered office or agent listed on the records of the Secretary of State, that service cannot be effected at such office, and that it therefore appears that the corporation has failed either to maintain a registered office or to appoint a registered agent in this state. Further, if it shall appear from such certification that there is a last known address of a known officer of the corporation outside the state, the plaintiff shall, in addition to and after such service upon the Secretary of State, mail or cause to be mailed to the known officer at the address by registered or certified mail a copy of the summons and a copy of the complaint. Any such service by certification to the Secretary of State shall be answerable not more than 30 days from the date the Secretary of State receives such certification;

GEORGIA LAWS 2000 SESSION

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(2) If the action is against a foreign corporation or a nonresident individual, partnership, joint-stock company, or association, doing business and having a managing or other agent, cashier, or secretary within this state, to such agent, cashier, or secretary or to an agent designated for service of process;
(3) If against a minor, to the minor, personally, and also to such minor's father, mother, guardian, or duly appointed guardian ad litem unless the minor is married, in which case service shall not be made on the minor's father, mother, or guardian;
(4) If against a person residing within this state who has been judicially declared to be of unsound mind or incapable of conducting his or her own affairs and for whom a guardian has been appointed, to the person and also to such person's guardian and, if there is no guardian appointed, then to his or her duly appointed guardian ad litem;
(5) If against a county, municipality, city, or town, to the chairman of the board of commissioners, president of the council of trustees, mayor or city manager of the city or to an agent authorized by appointment to receive service of process. If against any other public body or organization subject to an action, to the chief executive officer or clerk thereof;

(6) If the principal sum involved is less than $200.00 and if reasonable efforts have been made to obtain personal service by attempting to find some person residing at the most notorious place of abode of the defendant, then by securely attaching the service copy of the complaint in a conspicuously marked and waterproof packet to the upper part of the door of the abode and on the same day mailing by certified or registered mail an additional copy to the defendant at his or her last known address, if any, and making an entry of this action on the return of service; or

(7) In all other cases to the defendant personally, or by leaving copies thereof at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and complaint to an agent authorized by appointment or by law to receive service of process.
(f) Summons - Other service.

(l)SERVICE BY PUBLICATION.
(A) General. When the person on whom service is to be made resides outside the state, or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself or herself to avoid the service of the summons, and the fact shall appear, by affidavit, to the satisfaction of the judge or clerk of the court, and it shall appear,

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either by affidavit or by a verified complaint on file, that a claim exists against the defendant in respect to whom the service is to be made, and that he or she is a necessary or proper party to the action, the judge or clerk may grant an order that the service be made by the publication of summons, provided that when the affidavit is based on the fact that the party on whom service is to be made resides outside the state, and the present address of the party is unknown, it shall be a sufficient showing of such fact if the affiant shall state generally in the affidavit that at a previous time such person resided outside this state in a certain place (naming the place and stating the latest date known to affiant when the party so resided there); that such place is the last place in which the party resided to the knowledge of affiant; that the party no longer resides at the place; that affiant does not know the present place of residence of the party or where the party can be found; and that affiant does not know and has never been informed and has no reason to believe that the party now resides in this state; and, in such case, it shall be presumed that the party still resides and remains outside the state, and the affidavit shall be deemed to be a sufficient showing of due diligence to find the defendant. This Code section shall apply to all manner of civil actions, including those for divorce.

(B) Property. In any action which relates to, or the subject of which is, real or personal property in this state in which any defendant, corporate or otherwise, has or claims a lien or interest, actual or contingent, or in which the relief demanded consists wholly or in part of excluding such defendant from any interest therein, where the defendant resides outside the state or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself or herself to avoid the service of summons, the judge or clerk may make an order that the service be made by publication of summons. The service by publication shall be made in the same manner as provided in all cases of service by publication.

(C) Publication. When the court orders service by publication, the clerk shall cause the publication to be made in the paper in which sheriffs advertisements are printed, four times within the ensuing 60 days, publications to be at least seven days apart. The party obtaining the order shall, at the time of filing, deposit the cost of publication. The published notice shall contain the name of the parties plaintiff and defendant, with a caption setting forth the court, the character of the action, the date the action was filed, the date of the order for service by publication, and a notice directed and addressed to the party to be thus served, commanding him or her to file with the clerk and serve upon the plaintiffs attorney an answer within 60 days of the date of the order for service by publication and shall bear teste in the name of the judge

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and shall be signed by the clerk of the court. Where the residence or abiding place of the absent or nonresident party is known, the party obtaining the order shall advise the clerk thereof; and it shall be the duty of the clerk, within 15 days after filing of the order for service by publication, to enclose, direct, stamp, and mail a copy of the notice, together with a copy of the order for service by publication and complaint, if any, to the party named in the order at his or her last known address, if any, and make an entry of this action on the complaint or other pleadings filed in the case. The copy of the notice to be mailed to the nonresident shall be a duplicate of the one published in the newspaper but need not necessarily be a copy of the newspaper itself. When service by publication is ordered, personal service of a copy of the summons, complaint, and order of publication outside the state in lieu of publication shall be equivalent to serving notice by publication and to mailing when proved to the satisfaction of the judge or otherwise. The defendant shall have 30 days from the date of such personal service outside the state in which to file defensive pleadings.
(2)PERSONAL SERVICE OUTSIDE THE STATE. Personal service outside the state upon a natural person may be made: (A) in any action where the person served is a resident of this state, and (B) in any action affecting specific real property or status, or in any other proceeding in rem without regard to the residence of the person served. When such facts shall appear, by affidavit, to the satisfaction of the court and it shall appear, either by affidavit or by a verified complaint on file, that a claim is asserted against the person in respect to whom the service is to be made, and that he or she is a necessary or proper party to the action, the court may grant an order that the service be made by personal service outside the state. Such service shall be made by delivering a copy of the process together with a copy of the complaint in person to the persons served.

(g) Territorial limits of effective service. All process may be served anywhere within the territorial limits of the state and, when a statute so provides, beyond the territorial limits of the state.
(h) Return. The person serving the process shall make proof of service thereof to the court promptly and, in any event, within the time during which the person served must respond to the process. Proof of service shall be as follows:

(1) If served by a sheriff or marshal, or such official's deputy, the affidavit or certificate of the sheriff, marshal, or deputy;

(2) If by any other proper person, such person's affidavit;

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(3) In case of publication, the certificate of the clerk of court certifying to the publication and mailing; or

(4) The written admission or acknowledgment of service by the defendant.

In the case of service otherwise than by publication, the certificate or affidavit shall state the date, place, and manner of service. Failure to make proof of service shall not affect the validity of the service.

(i) Amendment. At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.

(j) Alternative service. The methods of service provided in this Code section are cumulative and may be utilized with, after, or independently of other methods of service. Whenever a statute provides for another method of service, service may be made under the circumstances and in the manner prescribed by the statute or under any other methods prescribed in this Code section. The provisions for service by publication provided in this Code section shall apply in any action or proceeding in which service by publication may be authorized by law; and, where by law special provision is made for service by publication, the procedure for such service by publication provided in this Code section may be utilized in lieu thereof. In all cases or special proceedings where the requirements or procedure for service, or both, are not prescribed by law and in any situation where the provisions therefor are not clear or certain, the court may prescribe service according to the exigencies of each case, consistent with the Constitution.

(k) Service in probate courts and special statutory proceedings. The methods of service provided in this Code section may be used as alternative methods of service in proceedings in the probate courts and in any other special statutory proceedings and may be used with, after, or independently of the method of service specifically provided for in any such proceeding; and, in any such proceeding, service shall be sufficient when made in accordance with the statutes relating particularly to the proceeding or in accordance with this Code section.

(1) Forms.

NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS

TO: (Name of individual defendant or name of officer or agent of corporate defendant) as (title, or other relationship of individual to corporate defendant) of (name of corporate defendant to be served, if any)

GEORGIA LAWS 2000 SESSION

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A lawsuit has been commenced against you (or the entity on whose behalf you are addressed). A copy of the complaint is attached to this notice. The complaint has been filed in the (court named on the complaint) for the State of Georgia in and for the County of (county) and has been assigned (case number of action).

This is not a formal summons or notification from the court, but rather my request pursuant to Code Section 9-114 of the Official Code of Georgia Annotated that you sign and return the enclosed Waiver of Service in order to save the cost of serving you with a judicial summons and an additional copy of the complaint. The cost of service will be avoided if I receive a signed copy of the waiver within 30 days (or 60 days if located outside any judicial district of the United States) after the date designated below as the date on which this Notice of Lawsuit and Request for Waiver of Service of Summons is sent. I enclose a stamped and addressed envelope (or other means of cost-free return) for your use. An extra copy of the Waiver of Service is also attached for your records. YOU ARE ENTITLED TO CONSULT WITH YOUR ATTORNEY REGARDING THIS MATTER.

If you comply with this request and return the signed Waiver of Service, the waiver will be filed with the court and no summons will be served on you. The action will then proceed as if you had been served on the date the waiver is filed except that you will not be obligated to answer or otherwise respond to the complaint within 60 days from the date designated below as the date on which this notice is sent (or within 90 days from that date if your address is not in any judicial district of the United States).

If you do not return the signed waiver within the time indicated, I will take appropriate steps to effect formal service in a manner authorized by the Georgia Rules of Civil Procedure and then, to the extent authorized by those rules, I will ask the court to require you (or the party on whose behalf you are addressed) to pay the full cost of such service. In that connection, please read the statement concerning the duty of parties to avoid unnecessary costs of service of summons, which is set forth on the Notice of Duty to Avoid Unnecessary Costs of Service of Summons enclosed herein.

I affirm that this Notice of Lawsuit and Request for Waiver of Service of Summons is being sent to you on behalf of the Plaintiff on this ___ day of ____________

Signature of plaintiffs attorney or
Unrepresented plaintiff
WAIVER OF SERVICE OF SUMMONS

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To: (Name of plaintiff's attorney or unrepresented plaintiff)

I acknowledge receipt of your request that I waive service of a summons in the action of (caption of action), which is case number (docket number) in the (name of court) of the State of Georgia in and for the County of (county). I have also received a copy of the complaint in the action, two copies of this instrument, and a means by which I can return the signed waiver to you without cost to me. I understand that I am entitled to consult with my own attorney regarding the consequences of my signing this waiver.
I agree to save the cost of service of a summons and an additional copy of the complaint in this lawsuit by not requiring that I (or the entity on whose behalf I am acting) be served with judicial process in the manner provided by the Georgia Rules of Civil Procedure.

I (or the entity on whose behalf I am acting) will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the court except for objections based on a defect in the summons or in the service of the summons.
I understand that a judgment may be entered against me (or the entity on whose behalf I am acting) if an answer is not served upon you within 60 days after the date this waiver was sent, or within 90 days after that date if the request for the waiver was sent outside the United States.
This ___ day of ______,

(Signed)

(Printed or typed name of defendant)

as (title)

of (name of corporate defendant, if any)

NOTICE OF DUTY TO AVOID UNNECESSARY COSTS OF SERVICE OF SUMMONS

Subsection (d) of Code Section 9-114 of the Official Code of Georgia Annotated requires certain parties to cooperate in saving unnecessary costs of service of the summons and the pleading. A defendant located in the United States who, after being notified of an action and asked by a plaintiff located in the United States to waive service of a summons, fails to do so will be required to bear the cost of such service unless good cause be shown for such defendant's failure to sign and return the waiver.

It is not good cause for a failure to waive service that a party believes that the complaint is unfounded, or that the action has been brought in an improper place or in a court that lacks jurisdiction over the subject matter of the action or over its person or property. A party who waives service of the

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summons retains all defenses and objections (except any relating to the summons or to the service of the summons), and may later object to the jurisdiction of the court or to the place where the action has been brought.
A defendant who waives service must, within the time specified on the waiver form, serve on the plaintiffs attorney (or unrepresented plaintiff) a response to the complaint and also must file a signed copy of the response with the court. If the answer is not served within this time, a default judgment may be taken against that defendant. By waiving service, a defendant is allowed more time to answer than if the summons had been actually served when the request for waiver of service was received."
SECTION 2.

Code Section 9-6-63 of the Official Code of Georgia Annotated, relating to service of writ and process in actions seeking a writ of quo warranto, is amended by striking in its entirety subsection (c) and inserting in lieu thereof the following:
"(c) Service of the writ and process in such proceeding upon a resident of this state who is temporarily residing or sojourning outside this state may be perfected in the same manner as is provided for service of process by publication as set forth in paragraph ( 1) of subsection (f) of Code Section 9-11-4 or personal service outside the state as set forth in paragraph (2) of subsection (f) of Code Section 9-11-4. When service is perfected upon any such person as provided for in the aforesaid Code section, then the person shall be bound by the final decision of the proceedings as fully as though the person had been personally served within this state."
SECTION 3.

Code Section 9-11-30 of the Official Code of Georgia Annotated, relating to depositions upon oral examination, is amended by striking it its entirety subsection (a) and inserting in lieu thereof the following:

"(a) When depositions may be taken. Mter commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition prior to the expiration of 30 days after service of the summons and complaint upon any defendant or service made under subsection (f) of Code Section 9-11-4, except that leave is not required if a defendant has served a notice of taking deposition or otherwise sought discovery or if special notice is given as provided in paragraph (2) of subsection (b) of this Code section. The attendance of witnesses may be compelled by subpoena as provided in Code Section 9-11-45. The deposition of a person confined in a penal institution may be taken only by leave of court on such terms as the court prescribes."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 4.

Code Section 9-11-40 of the Official Code of Georgia Annotated, relating to the time and place of civil trials, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:

"(a) Time of trial. All civil cases, including divorce and other domestic relations cases, shall be triable any time after the last day upon which defensive pleadings were required to be filed therein; provided, however, that the court shall in all cases afford to the parties reasonable time for discovery procedures, subsequent to the date that defensive pleadings were required to be filed; provided, further, that, in divorce cases involving service by publication, service shall occur on the date of the first publication of notice following the order for service of publication pursuant to subparagraph (f) (1) (C) of Code Section 9-11-4, and such divorce cases shall be triable any time after 60 days have elapsed since the date of the first publication of notice."

SECTION 5.

Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures relative to violations of certain laws relating to controlled substances, is amended by striking in its entirety subparagraph (o) (2) (A) and inserting in lieu thereof the following:

"(A) Service of the complaint and summons shall be as provided in subsections (a), (b), (c), and (e) of Code Section 9-11-4."

SECTION 6.

Code Section 44-9-41 of the Official Code of Georgia Annotated, relating to petitions seeking an easement of private way, is amended by striking in its entirety paragraph (4) and inserting in lieu thereof the following:

"(4) In the event any of the owners are minors or persons non compos mentis, the petition shall so state, in which case the petition shall be served on each minor defendant and each non compos mentis defendant in the same manner as provided by paragraph (3) of subsection (e) of Code Section 9-11-4; and"
SECTION 7.

Code Section 49-4-146.3 of the Official Code of Georgia Annotated, relating to forfeiture of property and proceeds obtained through Medicaid fraud, is amended by striking in its entirety subparagraph (o) (2) (A) and inserting in lieu thereof the following:

"(A) Service of the complaint and summons shall be as provided in subsections (a), (b), (c), and (e) of Code Section 9-11-4."

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SECTION 8.

This Act shall become effective on July 1, 2000, and shall apply to civil actions filed on or after such date.

SECTION 9.

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

Approved May 1, 2000.

CRIMES AND OFFENSES - OBSCENE TELEPHONE CONTACT WITH CHILD.
Code Section 16-12-100.3 Enacted.
No. 784 (House Bill No. 712).
AN ACT
To amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, regarding certain obscenity offenses related to minors, so as to provide for the offense of obscene telephone contact with a child; to provide for definitions and penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, regarding certain obscenity offenses related to minors, is amended by adding after Code Section 16-12-100.2 a new Code section to read as follows:
"16-12-100.3.
(a) As used in this Code section, the terms 'sexual conduct,' 'sexual excitement,' and 'sadomasochistic abuse' have the same meanings as provided for those terms in Code Section 16-12-100.1, relating to electronically furnishing obscene materials to minors; the term 'sexually explicit nudity' has the same meaning as provided for that term in Code Section 16-12-102, relating to distributing harmful materials to minors; and the term 'child' means a person under 14 years of age.
(b) A person 17 years of age or over commits the offense of obscene telephone contact with a child if that person has telephone contact with an individual whom that person knows or should have known is a child, and that contact involves any aural matter containing explicit verbal descriptions or

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GENERAL ACTS AND RESOLUTIONS, VOL. I

narrative accounts of sexually explicit nudity, sexual conduct, sexual excitement, or sadomasochistic abuse which is intended to arouse or satisfy the sexual desire of either the child or the person, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.

(c) (1) Except as otherwise provided in other paragraphs of this subsection, a person convicted of the offense of obscene telephone contact with a child shall be guilty of a misdemeanor of a high and aggravated nature.
(2) Upon the first conviction of the offense of obscene telephone contact with a child:

(A) If the person convicted is less than 21 years of age, such person shall be guilty of a misdemeanor; or
(B) The judge may probate the sentence without regard to the age of the convicted person, and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, the judge shall sentence the defendant to imprisonment; provided, further, that upon a defendant's being incarcerated on a conviction for such first offense, the place of incarceration shall provide counseling to such defendant.
(3) Upon a second or subsequent conviction of such offense, the defendant shall be guilty of a felony and punished by imprisonment for not less than one nor more than five years."
SECTION 2.

All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

ANIMALS - ANIMAL CONTROL BOARDS; HEARINGS.
Code Section 4-8-22 Amended.
No. 785 (House Bill No. 719).
AN ACT
To amend Code Section 4-8-22 of the Official Code of Georgia Annotated, relating to the powers of local governments to enforce certain requirements relating to the control of dangerous dogs, so as to delete a restriction against a member of an animal control board participating in a hearing regarding a dog

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where the member had previously participated in the classification of that dog as a potentially dangerous dog or dangerous dog; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 4-8-22 of the Official Code of Georgia Annotated, relating to the powers of local governments to enforce certain requirements relating to the control of dangerous dogs, is amended by striking in its entirety subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows:

"(d) The governing authority of a local government may provide by ordinance or resolution for the creation of an animal control board to hold hearings provided for in Code Section 4-8-24. If such an animal control board is created, such board may hear and determine matters provided for in Code Section 4-8-24. An animal control board may be created jointly by two or more local governments under the provisions of subsection (b) of this Code section."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and shall apply to hearings held on or after that date.
SECTION 3.

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

Approved May 1, 2000.

RETIREMENT AND PENSIONS - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; CREDITABLE SERVICE FOR PRIOR TEMPORARY FULL-TIME EMPLOYMENT.
Code Sections 47-2-99 and 47-2-334 Amended.
No. 786 (House Bill No. 767).
AN ACT
To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide that a member of such retirement system may obtain creditable service for prior service as a temporary full-time employee; to provide for a restriction; to provide

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GENERAL ACTS AND RESOLUTIONS, VOL. I

for the payment of employer and employee contributions; to provide for matters relative to the foregoing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by inserting at the end of Article 5, relating to service creditable toward retirement benefits under such retirement system, the following:

"47-2-99.

(a) Any member of the retirement system, including a member subject to the provisions of Code Section 47-2-334, who was, at any time prior to becoming a member, employed by an employer as a temporary full-time employee, may obtain up to 12 months of creditable service for such service as a temporary full-time employee under the conditions contained in this Code section; provided, however, that no such credit shall be granted for any period which was covered under Chapter 22 of this title, relating to the Georgia Defined Contribution Plan.

(b) Any person desiring to obtain the creditable service authorized by subsection (a) of this Code section shall make application in such manner as the board of trustees deems proper; tender to the board of trustees such proof of the prior employment as the board shall deem necessary; and pay to the board of trustees the employer and employee contributions as would have been paid if the member had been a member at the time of performing such prior service, together with regular interest thereon compounded annually to the date of payment.

(c) Application for creditable service authorized by subsection (a) of this Code section must be received by the board of trustees not later than June 30, 2001, or 24 months after the member becomes a member of the retirement system, whichever date is later."

SECTION 2.

Said chapter is further amended by striking in its entirety subsection (f) of Code Section 47-2-334, relating to the membership of persons who became members on or after July 1, 1982, and inserting in lieu thereof the following:

"(f) Members subject to this Code section shall be subject to the following conditions:

(1) The provisions of subsection (d) of Code Section 47-2-120 shall not be applicable to members subject to this Code section;

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(2) Except as otherwise provided in Code Sections 47-2-204 and 47-2-266 and paragraph (3) of this subsection and except as otherwise expressly provided in this chapter, no service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions are made pursuant to subsections (c) and (d) of this Code section; and

(3) The provisions of Code Section 47-2-91 shall be applicable to members subject to this Code section; provided, however, that such benefits shall be subject to reduction or repeal by subsequent legislation and shall not be considered an element of any contract of employment."

SECTION 3.

This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.

SECTION 4.

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

Approved May 1, 2000.

RETIREMENT AND PENSIONS - PEACE OFFICERS' ANNUITY AND BENEFIT FUND; BENEFITS.
Code Section 47-17-80 Amended.
No. 787 (House Bill No. 799).
AN ACT
To amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, so as to provide that the retirement benefit of any member of such fund shall not be affected if such retired member becomes employed as a peace officer for not more than 1,040 hours in any calendar year; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1.

Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, is amended by striking in its entirety paragraph (2) of subsection (g) and inserting in lieu thereof the following:

"(2) The provisions of paragraph (1) of this subsection shall not apply to a retired member employed in any capacity for 1,040 hours or less in any calendar year."

SECTION 2.

This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.

SECTION 3.

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

Approved May 1, 2000.

COURTS - SUPERIOR COURTS; RANDOLPH AND BROOKS COUNTIES; TERMS.
Code Section 15-6-3 Amended.
No. 788 (House Bill No. 811).
AN ACT
To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Randolph County and Brooks County; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, is amended by striking subparagraph (E) of paragraph (31) and (A) of paragraph (35) of said Code section and inserting in their place the following:
"(E) Randolph County- First Monday in May and October."

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"(A) Brooks County- First Monday in April and October."

SECTION 2.

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

Approved May l, 2000.

GENERAL ASSEMBLY- COMPENSATION RESOLUTIONS; CLAIMS ADVISORY BOARD.
Code Sections 28-5-80, 28-5-84, and 28-5-85 Amended.
No. 789 (House Bill No. 815).
AN ACT
To amend Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or its departments or agencies, so as to change the date after which compensation resolutions may not be introduced; to change the date after which the Claims Advisory Board shall make no further recommendations on claims to the General Assembly; to change the amount of small claims which are payable by the board; to provide for transition; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or its departments or agencies, is amended by striking subsection (a) of Code Section 28-5-80, relating to introduction of compensation resolutions and general requirements as to filing a claim, and inserting in lieu thereof a new subsection to read as follows:
"(a) Any resolution relative to a claim against the state or any of its departments or agencies must be introduced in the House of Representatives. No such resolution may be introduced unless a notice of claim has been filed with the board on or before the fifteenth day of November immediately preceding the introduction of the resolution, if the event giving rise to a claim against the state occurred on or before the fifth day of November. If said event occurred subsequent to the fifth day of November, immediately preceding the introduction of the resolution a notice of claim shall be filed as provided for in this Code section within ten days after the occurrence of the event giving rise to the claim. No such resolution shall be introduced after the tenth day of any regular session."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2.

Said part is further amended by striking Code Section 28-5-84, relating to restrictions on passage of resolutions and the powers of the Claims Advisory Board, and inserting in lieu thereof a new Code section to read as follows:

"28-5-84.

No resolution provided for in this part shall be passed without being presented to the board. The board is prohibited from considering any resolution unless notice of claim is filed within the time provided for in Code Section 28-5-80, unless the resolution is introduced within the time limitations specified in Code Section 28-5-80, and unless the information required by the board is filed within the time limitations specified in Code Section 28-5-80. The board shall make no recommendations after the fifteenth day of any regular session."
SECTION 3.

Said part is further amended by striking Code Section 28-5-85, relating to payment of small claims by the Claims Advisory Board, and inserting in lieu thereof a new Code section to read as follows:
"28-5-85.

(a) When the total amount of a claim against the state is $5,000.00 or less, the Claims Advisory Board shall be authorized to direct the state department or agency affected by the claim to pay the claimant such amount, not exceeding $5,000.00, as may be authorized by the Claims Advisory Board pursuant to the authority of this Code section.

(b) If a citizen has a claim against the state subject to the provisions of this Code section, such person may file such claim with the Claims Advisory Board. The Claims Advisory Board shall promulgate rules or regulations governing the submission of claims pursuant to this Code section. Such rules or regulations shall be adopted under the provisions of Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act.'

(c) When a claim subject to this Code section is filed with the Claims Advisory Board, said board shall notify the department or agency of the state government affected by such claim of the basis for such claim, and such notice shall include any information submitted by the claimant in support of such claim. Within 45 days after receiving such notification, it shall be the duty of such state department or agency to submit a report to the Claims Advisory Board setting forth the findings of such state department or agency relative to such claim. Said report may make a recommendation to the Claims Advisory Board relative to the payment of such claim, but such recommendation shall not be binding upon the Claims Advisory Board.

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(d) Mter reviewing and considering all information submitted by a claimant in support of the claim against the state and the report of the state department or agency affected by such claim, the Claims Advisory Board shall make a determination either to pay or reject such claim against the state. The Claims Advisory Board shall not be bound by the total amount claimed against the state and may authorize the payment of a lesser amount. If the Claims Advisory Board determines that the claim against the state is justified and that the amount of such claim, or a portion thereof, should be paid, it shall issue its order to the chief executive or administrative officer of the state department or agency affected by such claim ordering such officer, within 30 days after receipt of such order, to pay the claimant the amount specified by the Claims Advisory Board in its order. A copy of such order shall be mailed to the claimant. If the Claims Advisory Board determines that the claim against the state should be rejected, it shall notify the claimant of such rejection, and such notice shall explain the reasons for such rejection. A copy of such notice to the claimant shall be sent to the state department or agency affected by the claim. The decision of the Claims Advisory Board shall be final.

(e) The Claims Advisory Board shall not authorize or direct the payment of any part of any claim under this Code section which is paid or payable by insurance.

(f) Any payment made to a claimant pursuant to the authority of this Code section shall be in full and complete settlement of any claim against the state arising from the same occurrence, and each claimant, as a condition precedent to receiving payment pursuant to this Code section, shall acknowledge and agree to the requirements of this subsection pursuant to regulations adopted by the Claims Advisory Board for such purpose.

(g) (1) The provisions of this Code section shall apply to any claim against the state in the amount of $5,000.00 or less if the date of the occurrence giving rise to such claim was after July 1, 2000. Mter July 1, 2000, the General Assembly shall not consider any compensation resolution for a claim against the state if the amount of the claim is $5,000.00 or less, and the provisions of this Code section shall be the exclusive method for making such claims against the state, except as provided in paragraph (2) of this subsection.

(2) If the claim against the state is timely filed with the Claims Advisory Board after July 1, 2000, for an occurrence which took place before July 1, 2000, and the amount of the claim is less than $5,000.00 but more than $500.00, the claimant shall have the option of seeking a compensation resolution from the General Assembly. All claims pending on the effective

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GENERAL ACTS AND RESOLUTIONS, VOL. I

date of this Code section, or thereafter if such claim is based on an occurrence which took place before July 1, 2000, for $500.00 or less shall be settled exclusively through the Claims Advisory Board.

(h) The General Assembly waives the immunity of the state for the purpose of authorizing the payment of claims against the state pursuant to the authority of this Code section."

SECTION 4.

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

Approved May 1, 2000.

INSURANCE - EXAMINATIONS OF INSURERS; CAPITAL STOCK OR SURPLUS REQUIREMENTS; DEFICIENCIES IN ASSETS; HEALTH MAINTENANCE ORGANIZATIONS; MEDICARE SUPPLEMENT
INSURANCE; HEALTH ORGANIZATION RISK-BASED CAPITAL LEVELS; MOTOR VEHICLE SELF-INSURERS.
Code Titles 33 and 40 Amended.
No. 790 (House Bill No. 818).
AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to examination of insurers and organizations and effect of insurer's change of domicile from Georgia; to change certain provisions relating to requirements as to capital stock or surplus generally; to repeal certain provisions relating to compliance with minimum surplus requirements for mutual insurers; to change certain provisions relating to proceedings for correction of deficiency in assets or capital of insurer and institution of delinquency proceedings upon failure to correct deficiency; to change certain provisions relating to procedure for establishment of health maintenance organizations generally, notice of modification, and exemption of item from filing requirements; to define certain terms; to change certain provisions relating to applicability of certain medicare supplement insurance provisions; to make certain risk-based capital level provisions applicable to certain health organizations; to change certain provisions relating to definitions; to change certain provisions relating to annual risk-based capital level report required and computations; to change certain provisions relating to company action level events, preparation and submission of risk-based capital level plans, hearings, and out-of-state filings; to change certain provisions relating to regulatory action level events, preparation and submission of riskbased capital level plans, determination of corrective actions, and hearings; to change certain provisions relating to mandatory control level events and ac-

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tions by the Commissioner; to change certain provisions relating to provisions for supplementing other laws and exemption for certain domestic property and casualty insurers; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to motor vehicle self-insurers; to redesignate certain provisions relating to motor vehicle self-insurers as a Code section in Title 33 of the Official Code of Georgia Annotated, relating to insurance; to revise certain cross-references; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.

Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subsection (e) of Code Section 33-2-11, relating to examination of insurers and organizations and effect of insurer's change of domicile from Georgia, and inserting in lieu thereof the following:

"(e) Any insurer authorized to transact insurance in this state which changes its domicile from Georgia to another state on or after April 1, 1988, may be examined by the Commissioner once a year for five years, beginning on or after the occurrence of the change in domicile; provided, however, this subsection shall not apply to an insurer which changes its domicile from Georgia to another state as long as it retains in this state its principal place of business and the complete records of its assets, transactions, and affairs."

SECTION 2.

Said title is further amended by striking subsection (a) of Code Section 33-3-6, relating to requirements as to capital stock or surplus generally, and inserting in lieu thereof the following:

"(a) On or after July 1, 2000, to qualifY for an original certificate of authority to transact one or more classes of insurance, an insurer shall possess and thereafter maintain a minimum of $1.5 million in capital stock or in surplus."

SECTION 3.

Said title is further amended by repealing Code Section 33-3-7.1, relating to compliance with minimum surplus requirements for mutual insurers, which reads as follows:
"33-3-7.1.

Notwithstanding any provisions of this title which might be construed to the contrary, any mutual insurer which, as of April 19, 1994, has been issued at least 25 consecutive certificates of authority to transact insurance in this state, has at least $1.5 million in surplus, and has surplus equal to at least 10

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GENERAL ACTS AND RESOLUTIONS, VOL. I

percent of its total assets shall be deemed to be in compliance with the minimum surplus requirement for mutual insurers under this title so long as it possesses and thereafter maintains at least $1.5 million in surplus and has surplus which is equal to at least 10 percent of its total assets."
SECTION 4.
Said title is further amended by striking subsection (c) of Code Section 33-1422, relating to proceedings for correction of deficiency in assets or capital of insurer and institution of delinquency proceedings upon failure to correct deficiency, and inserting in lieu thereof the following:
"(c) If the deficiency is not made good and proof of the act filed with the Commissioner within such 60 day period, the insurer shall be deemed insolvent and the Commissioner shall institute delinquency proceedings against it as authorized by this title. If the deficiency exists because of increased loss reserves required by the Commissioner or because of disallowance by the Commissioner of certain assets or reduction of the value at which carried in the insurer's accounts, the Commissioner may in his or her discretion and upon application and good cause shown extend for not more than an additional 60 days the period within which the deficiency may be so made good and the proof thereof so filed."
SECTION 5.
Said title is further amended by striking subsection (a) of Code Section 33-212, relating to procedure for establishment of health maintenance organizations generally, notice of modification, and exemption of item from filing requirements, and inserting in lieu thereof the following:
"(a) Any domestic stock, mutual, or nonprofit corporation whose charter powers include the business of a health maintenance organization may apply to the Commissioner for and obtain a certificate of authority to establish and operate a health maintenance organization in compliance with this chapter. No person shall establish or operate a health maintenance organization in this state; sell, offer to sell, or solicit offers to purchase; or receive advance or periodic consideration in conjunction with a health maintenance organization without obtaining a certificate of authority under this chapter."
SECTION 6.
Said title is further amended by striking Code Section 33-43-1, relating to definitions, and inserting in lieu thereof the following:
"33-43-1.
As used in this chapter, the term:
(1) 'Applicant' means:

GEORGIA LAWS 2000 SESSION

1249

(A) In the case of an individual medicare supplement policy or subscriber contract, the person who seeks to contract for insurance benefits; and
(B) In the case of a group medicare supplement policy, the proposed certificate holder.
(1.1) 'Bankruptcy' means when a Medicare+Choice organization that is not an issuer has filed, or has had filed against it, a petition for declaration of bankruptcy and has ceased doing business in the state.

(2) 'Certificate' means any certificate delivered or issued for delivery in this state under a group medicare supplement policy.

(3) 'Certificate form' means the form on which the certificate is delivered or issued for delivery by the issuer.

(3.1) 'Continuous period of creditable coverage' means the period during which an individual was covered by creditable coverage if during the period of the coverage the individual had no breaks in coverage greater than 63 days.
(3.2) (A) 'Creditable coverage' means, with respect to an individual, coverage of the individual provided under any of the following:

(i) A group health plan;

(ii) Health insurance coverage;

(iii) Part A or Part B of Title XVIII of the Social Security Act (medicare) ;
(iv) Title XIX of the Social Security Act (Medicaid), other than coverage consisting solely of benefits under Section 1928;

(v) Chapter 5 of Title 10 of the United States Code (CHAMPUS);

(vi) A medical care program of the Indian Health Service or of a tribal organization;

(vii) A state health benefits risk pool;

(viii) A health plan offered under Chapter 89 of Title 5 of the United States Code (Federal Employees Health Benefits Program);

(ix) A public health plan as defined in federal regulation; or

(x) A health benefit plan under Section 5(e) of the Peace Corps Act (22 U.S.C. Section 2504(e)).

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(B) Creditable coverage shall not include one or more, or any combination of, the following:

(i) Coverage only for accident or disability income insurance, or any combination thereof;

(ii) Coverage issued as a supplement to liability insurance;

(iii) Liability insurance, including general liability insurance and automobile liability insurance;

(iv) Workers' compensation or similar insurance;

(v) Automobile medical payment insurance;

(vi) Credit only insurance;

(vii) Coverage for on-site medical clinics; or

(viii) Other similar insurance coverage, specified in the Code of Federal Regulations as of the effective date of this Act, under which benefits for medical care are secondary or incidental to other insurance benefits.

(C) Creditable coverage shall not include the following benefits if they are provided under a separate policy, certificate, or contract of insurance or are otherwise not an integral part of the plan:
(i) Limited scope dental or vision benefits;

(ii) Benefits for long-term care, nursing home care, home health care, community based care, or any combination thereof; or

(iii) Such other similar, limited benefits as are specified in the Code of Federal Regulations as of the effective date of this Act.

(D) Creditable coverage shall not include the following benefits if offered as independent, noncoordinated benefits:

(i) Coverage only for a specified disease or illness; or (ii) Hospital indemnity or other fixed indemnity insurance.

(E) Creditable coverage shall not include the following if offered as a separate policy, certificate, or contract of insurance:

(i) Medicare supplemental health insurance as defined under Section 1882(g) (1) of the Social Security Act;

(ii) Coverage supplemental to the coverage provided under Chapter 55 of Title 10 of the United States Code; or

GEORGIA LAWS 2000 SESSION

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(iii) Similar supplemental coverage provided to coverage under a group health plan.
(3.3) 'Employee welfare benefit plan' means a plan, fund, or program of employee benefits as defined in 29 U.S.C. Section 1002 (Employee Retirement Income Security Act).

(3.4) 'Insolvency' means when an issuer, licensed to transact the business of insurance in this state, has had a final order of liquidation entered against it with a finding of insolvency by a court of competent jurisdiction in the issuer's state of domicile.
(4) 'Issuer' includes insurance companies, fraternal benefit societies, health care service plans, health maintenance organizations, and any other entity delivering or issuing for delivery in this state medicare supplement policies or certificates.

(5) 'Medicare' means the 'Health Insurance for the Aged Act,' Title XVIII of the Social Security Act Amendments of 1965, as then constituted or later amended.

(6) 'Medicare supplement policy' means a group or individual policy of accident and sickness insurance or a subscriber contract of hospital and medical service associations or health maintenance organizations, other than a policy issued pursuant to a contract under Section 1876 of the federal Social Security Act (42 U.S.C. Section 1395, et seq.) or an issued policy under a demonstration project specified in 42 U.S.C. Section 1395ss(g) (1), which is advertised, marketed, or designed primarily as a supplement to reimbursements under medicare for the hospital, medical, or surgical expenses of persons eligible for medicare.

(6.1) 'Medicare+Choice plan' means a plan of coverage for health benefits under medicare Part C as defined in P.L. 105-33, and includes:

(A) Coordinated care plans which provide health care services, including but not limited to health maintenance organization plans (with or without a point-of-service option), plans offered by provider sponsored organizations, and preferred provider organization plans;

(B) Medical savings account plans coupled with a contribution into a Medicare+Choice medical savings account; and

(C) Medicare+Choice private fee-for-service plans.

(7) 'Policy form' means the form on which the policy is delivered or issued for delivery by the issuer.
(8) 'Secretary' means the secretary of the United States Department of Health and Human Services."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 7.

Said title is further amended by striking subsection (a) of Code Section 33432, relating to applicability of chapter, and inserting in lieu thereof the following:

"(a) Except as otherwise specifically provided, this chapter shall apply to:

(1) All medicare supplement policies delivered or issued for delivery in this state on or after the effective date of this Act; and

(2) All certificates issued under group medicare supplement policies, which certificates have been delivered or issued for delivery in this state."

SECTION 8.

Said title is further amended by inserting in Code Section 33-56-1, relating to definitions, new paragraphs (4.1) and (4.2) to read as follows:

"(4.1) 'Health organization' means any health maintenance organization; limited health service organization; hospital, medical, or dental indemnity or service corporation; or other managed care organization licensed under this title; provided, however, that health organization does not include any life and health insurer or property and casualty insurer.

(4.2) 'Insurer' includes without limitation any health organization."

SECTION 9.

Said title is further amended by striking paragraph ( 14) of Code Section 33-561, relating to definitions, and inserting in lieu thereof the following:

"(14) 'Total adjusted capital' means the sum of:

(A) An insurer's statutory capital and surplus, which in the case of a health organization shall be determined in accordance with the statutory accounting applicable to the annual financial statements required to be filed; and

(B) Such other items, if any, as the RBC instructions may provide."

SECTION 10.

Said title is further amended by striking subsection (c) of Code Section 33-562, relating to annual risk-based capital level report required and computations, and inserting in lieu thereof the following:

"(c) A property and casualty insurer's or health organization's RBC shall be determined in accordance with the formula set forth in the RBC instructions. The formula shall take into account and may adjust for the covariance between:

GEORGIA LAWS 2000 SESSION

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( 1) Asset risk;

(2) Credit risk;

(3) Underwriting risk; and

(4) All other business risks and such other relevant risks as are set forth in the RBC instructions,

determined in each case by applying the factors in the manner set forth in the RBC instructions."

SECTION 11.

Said title is further amended by striking paragraph (3) of subsection (b) of Code Section 33-56-3, relating to company action level events, preparation and submission of risk-based capital level plans, hearings, and out-of-state filings, and inserting in lieu thereof the following:

"(3) (A) Provide projections of the insurer's financial results in the cur-

rent year and at least the four succeeding years, both in the absence of

proposed corrective actions and giving effect to the proposed corrective

actions, including projections of statutory operating income, net in-

come, capital and surplus, or surplus, except as otherwise provided by

subparagraph (B) of this paragraph.



I
(B) In the case of a health organization, provide projections of the

health organization's financial results in the current year and at least

the two succeeding years, both in the absence of proposed corrective ac-

tions and giving effect to the proposed corrective actions, including pro-

jections of statutory balance sheet, operating income, net income, capi-

tal and surplus, and RBC levels. The projections for both new and

renewal business may include separate projections for each major line

of business and separately identifY each significant income, expense,

and benefit component;"

SECTION 12.

Said title is further amended by adding to Code Section 33-564, relating to regulatory action level events, preparation and submission of risk-based capital level plans, determination of corrective actions, and hearings, a new subsection (d) to read as follows:

"(d) The Commissioner may retain actuaries and investment experts and other consultants as may be necessary in the judgment of the Commissioner to review a health organization's RBC plan or revised RBC plan, examine or analyze the assets, liabilities, and operations, including contractual relationships, of the health organization, and formulate the corrective order with re-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

spect to the health organization. The fees, costs, and expenses relating to consultants shall be borne by the affected health organization or such other party as directed by the Commissioner."
SECTION 13.
Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 33-56-6, relating to mandatory control level events and actions by the Commissioner, and inserting in lieu thereof the following:
"(1) With respect to a life insurer or health organization, the Commissioner shall take such actions as are necessary to place the insurer under regulatory control under Chapter 37 of this title. In that event, the mandatory control level event shall be deemed sufficient grounds for the Commissioner to take action under Chapter 37 of this title, and the Commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in Chapter 37 of this title. If the Commissioner takes actions pursuant to an adjusted RBC report, the insurer shall be entitled to the protections of Chapter 2 of this title pertaining to summary proceedings. Notwithstanding any of the foregoing, the Commissioner may forego action for up to 90 days after the mandatory control level event if the Commissioner finds there is a reasonable expectation that the mandatory control level event may be eliminated within the 90 day period."

SECTION 14.

Said title is further amended by striking Code Section 33-56-9, relating to provisions for supplementing other laws and exemption for certain domestic property and casualty insurers, and inserting in lieu thereof the following:

"33-56-9.
(a) The provisions of this chapter are supplemental to any other provisions of the laws of this state and shall not preclude or limit any other powers or duties of the Commissioner under such laws, including, but not limited to, Chapters 2, 3, 13, 14, 18, 19, 20, 21, and 37 of this title.
(b) The Commissioner may adopt reasonable rules necessary for the implementation of this chapter.
(c) The Commissioner may exempt from the application of this chapter any domestic property and casualty insurer which:
(1) Meets all three of the following criteria:
(A) Writes direct business only in this state;
(B) Writes direct annual premiums of $2 million or less; and

GEORGIA lAWS 2000 SESSION

1255

(C) Assumes no reinsurance in excess of 5 percent of direct premium written; or

(2) Demonstrates to the satisfaction of the Commissioner by other means that preparation and submission of an RBC report would create an unusual and unnecessary hardship or would result in a report which is ambiguous or misleading based upon the unique nature of the company's product offerings or financial structure.

(d) The Commissioner may exempt from the application of this chapter any health organization which:

(1) Has less than 1,000 covered lives; and

(2) Has less than $1 million in direct written premiums."

SECTION 15.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-9-101, relating to motor vehicle selfinsurers, by striking subparagraph (a) (3) (G) and inserting in lieu thereof the following:

"(G) Until December 31, 2003, the provisions of subparagraph (C) of this paragraph shall not apply to taxicab self-insurers which were located in counties with populations of 400,000 or less according to the United States decennial census of 1990 or any future such census and were licensed by the Commissioner of Insurance on December 31, 1998."

SECTION 16.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, and Title 33 of the Official Code of Georgia Annotated, relating to insurance, are amended by redesignating Code Section 40-9-101, relating to motor vehicle self-insurers, as Code Section 33-34-5.1.

SECTION 17.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking "Code Section 40-9-101" wherever such reference appears in each of the following Code sections and inserting in lieu thereof "Code Section 33-34-5.1 ":

(1) In paragraph (3) of Code Section 40-6-273.1, relating to instruction to drivers to provide certain information to other parties;

(2) In paragraph (1) of subsection (b) of Code Section 40-8-76, relating to seat belts required as equipment and safety restraints for children;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) In paragraph (4) of Code Section 40-9-34, relating to exceptions to requirement of security; and

(4) In paragraph (2) of subsection (a) of Code Section 40-9-80, relating to methods of giving proof and duration.

SECTION 18.

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

Approved May 1, 2000.

EDUCATION - GEORGIA MILITARY COLLEGE; APPROPRIATIONS; BUDGETING; EXPENDITURES.
Code Section 20-3-561 Amended.
No. 791 (House Bill No. 840).
AN ACT
To amend Part 2 of Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to funding, donations, property, and scholarships regarding the Georgia Military College, so as to provide for the appropriation of funds designated for Georgia Military College through the Department of Technical and Adult Education as well as the Board of Regents of the University System of Georgia; to provide for the submission of certain documents by the Georgia Military College to such department or board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to funding, donations, property, and scholarships regarding the Georgia Military College, is amended by striking in its entirety Code Section 20-3-561, relating to the authority of the Board of Trustees of the Georgia Military College, and inserting in lieu thereof a new Code Section 20-3-561 to read as follows:
"20-3-561.
The government, control, and management of the Georgia Military College shall be vested in the Board of Trustees of the Georgia Military College. The Georgia Military College shall receive any designated funds appropriated by the General Assembly through the Board of Regents of the University System of Georgia or the Department of Technical and Adult Education. In the budgeting and expenditure of such designated funds, the Board of

GEORGIA lAWS 2000 SESSION

1257

Trustees of the Georgia Military College shall provide annually to the Board of Regents of the University System of Georgia or the Department of Technical and Adult Education copies of budgetary requests submitted by the Georgia Military College to the Office of Planning and Budget and copies of audit reports concerning the expenditure of such funds. Nothing in this Code section shall be construed to diminish the authority of the elected Board of Trustees of the Georgia Military College over budgetary management and expenditure of such designated funds in compliance with other provisions of state law."

SECTION 2.

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

Approved May 1, 2000.

MOTOR VEHICLES - SPEED DETECTION DEVICES; USE IN HISTORIC DISTRICTS.
Code Section 40-14-8 Amended.
No. 792 (House Bill No. 865).
AN ACT
To amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to change the provisions relating to when a case may be made and conviction had with respect to the use of speed detection devices; to provide for the use of speed detection devices in historic districts; to define a certain term; to require local governments to file annual reports on the amount of certain fines levied based on the use of speed detection devices; to require the Department of Public Safety to perform certain duties; to require courts which adjudicate citations for speeding violations to perform certain duties; to provide that any person whose duty it is to collect and provide information required under this Act and who fails or refuses to collect and provide such information shall be guilty of a misdemeanor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, is amended by striking in its entirety Code Section 40-14-8, relating to when a case may be made and conviction had with respect to the use of speed detection devices, and inserting in its place a new Code Section 40-14-8 to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"40-14-8.

(a) No county, city, or campus officer shall be allowed to make a case based on the use of any speed detection device, unless the speed of the vehicle exceeds the posted speed limit by more than ten miles per hour and no conviction shall be had thereon unless such speed is more than ten miles per hour above the posted speed limit.
(b) The limitations contained in subsection (a) of this Code section shall not apply in properly marked school zones one hour before, during, and one hour after the normal hours of school operation, in properly marked historic districts, and in properly marked residential zones. For purposes of this chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be considered residential districts. For purposes of this Code section, the term 'historic district' means a historic district as defined in paragraph (5) of Code Section 44-10-22 and which is listed on the Georgia Register of Historic Places or as defined by ordinance adopted pursuant to a local constitutional amendment."
SECTION 2.

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

Approved May 1, 2000.

PUBLIC OFFICERS AND EMPLOYEES - STATE MERIT SYSTEM; CLASSIFIED SERVICE; FORMER JUVENILE COURT EMPLOYEES.
Code Title 45, Chapter 20 Amended. Code Section 15-11-9.1 Amended.
No. 793 (House Bill No. 892).
AN ACT
To amend Code Section 15-11-9.1 of the Official Code of Georgia Annotated, relating to juvenile court intake and probation services, so as to provide that certain employees transferred from county juvenile courts to the state-wide juvenile and intake services will be included in the classified service of the state merit system; to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the state merit system generally, so as to make conforming changes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA lAWS 2000 SESSION

1259

SECTION 1.

Code Section 15-11-9.1 of the Official Code of Georgia Annotated, relating to juvenile court intake and probation services, is amended by adding at the end a new subsection to read as follows:
"(d) Persons who were probation and intake employees of the juvenile court of a county on June 30, 1996, but who were transferred as probation and intake employees to and became a part of the state-wide juvenile and intake services system fully funded through the department before January 1, 1999, shall be covered employees in the classified service of the state merit system."
SECTION 2.

Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system generally, is amended by striking subsection (a) of Code Section 45-20-1, relating to purpose, and inserting in its place thereof the following:
"(a) It is the purpose of this article to establish in the state a system of personnel administration which will attract, select, and retain the best employees based on merit, free from coercive political influences, with incentives in the form of equal opportunities for all; which will provide technically competent and loyal personnel to render impartial service to the public at all times and to render such service according to the dictates of ethics and morality; and which will eliminate unnecessary and inefficient employees. It is specifically the intent of the General Assembly to promote this purpose by allowing agencies greater flexibility in personnel management so as to promote the overall effectiveness and efficiency of state government. To this end, and in accordance with Code Sections 45-20-2 and 45-20-6, all positions filled after July 1, 1996, shall be included in the unclassified service of the state merit system, except as provided in Code Section 15-11-9.1. It is also specifically the intent of the General Assembly that employees in the classified service prior to July 1, 1996, shall continue to be covered employees in the classified service and shall remain subject to the rules and regulations of the state merit system so long as they remain in covered positions or as otherwise provided by law."
SECTION 3.

Said article is further amended by striking subparagraph (EE) of paragraph (15) of Code Section 45-20-2, relating to definitions, and inserting in its place the following:

"(EE) All positions filled on or after July 1, 1996, by new hires, except as provided in Code Section 15-11-9.1."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 4.

Said article is further amended by striking subsection (a) of Code Section 4520-6, relating to composition of classified and unclassified service, and inserting in its place the following:

"(a) The classified service as defined by Code Section 45-20-2 shall consist of all positions filled by agencies prior to July 1, 1996, except those included by law in the unclassified service and except as provided in Code Section 15-119.1. Such classified positions shall be covered by the state merit system. Any officer or employee who occupies a covered position under the state merit system prior to July 1, 1996, or as provided in Code Section 15-11-9.1 shall remain in the classified service so long as such officer or employee shall remain in a covered position or as otherwise provided by law."

SECTION 5.

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

Approved May 1, 2000.

HEALTH- CHILDHOOD LEAD EXPOSURE CONTROL.
Code Title 31, Chapter 41 Amended.
No. 794 (House Bill No. 904).
AN ACT
To amend Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, so as to enact the "Childhood Lead Exposure Control Act"; to provide for definitions; to provide for investigations by the Division of Public Health to identify lead poisoning hazards; to provide for notification; to provide for abatement; to provide for the effect of compliance with the maintenance standard; to provide for a certificate of evidence of compliance with the maintenance standard; to provide that nothing contained in this Act shall be construed or interpreted as imposing or creating any liability on or creating any cause of action against any owner or managing agent of a dwelling, dwelling unit, or residential housing unit arising from exposure to lead-based paint or lead-contaminated dust, regardless of when such dwelling, dwelling unit, or residential housing unit was constructed and regardless of whether the requirements of this article have been complied with or accomplished; to provide for resident responsibilities; to provide that this Act shall not apply to any owner or managing agent of a single-family dwelling or multifamily residence, building, or structure designed to contain not more than 12 single-family dwellings, dwelling units, or residential housing units so long as the whole complex comprised of such residences, buildings, or structures does not contain more than 12 single-family dwellings, dwelling units, or residential

GEORGIA lAWS 2000 SESSION

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housing units; to authorize the Division of Public Health to promulgate necessary regulations; to provide for applicability; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, is amended by designating the current provisions of said chapter as Article 1 and inserting a new Article 2 to read as follows:
"ARTICLE 2

3141-10.

This article shall be known and may be cited as the 'Childhood Lead Exposure Control Act.'

3141-11.

(a) The General Assembly finds that childhood lead poisoning prevention activities are currently carried out within the Environmental Health and Injury Prevention, Epidemiology and Prevention, and Laboratory Branches of the Division of Public Health. These activities include lead poisoning case identification, laboratory support, identification of exposure sources, environmental management, and lead hazard reduction. Childhood lead poisoning cases are identified through screening tests conducted by public health clinics and private health care providers and by laboratory reporting of test results. In 1994, lead poisoning was established as a notifiable condition and made part of the Notifiable Disease reporting system.

(b) The General Assembly further finds that the Georgia Public Health Laboratory is licensed and certified to analyze blood specimens for lead. Laboratory services are provided for children screened in public health clinics and for children without health insurance screened by private health care providers. For each reported case of lead poisoning, an environmental investigation is conducted to identify the source of lead. Environmental health specialists assess the primary residence and other locations frequented by the lead-poisoned child. Information is collected from parents and caregivers; on-site surface testing and environmental sample collection and analysis are done as needed. When the lead source is identified, recommendations are made for the mitigation or abatement of the lead hazard. Identified lead poisoning cases are tracked collaboratively by public health nurses and environmental health specialists to assure that appropriate treatment is received and that the child does not reenter the environment where the exposure occurred.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

31-41-12.
As used in this article, the term:
(1) 'Confirmed lead poisoning' means a blood lead concentration of 20 micrograms per deciliter or greater as determined by the lower of two consecutive blood tests within a six-month period.

(2) 'Day-care facility' means a structure or structures used as a school, nursery, child care center, clinic, treatment center, or other facility serving the needs of children under six years of age including the grounds, any outbuildings, or other structures appurtenant to the facility.

(3) 'Division' means the Division of Public Health.
(4) 'Dwelling,' 'dwelling unit,' or 'residential housing unit' means the interior of a structure, all or part of which is designed or used for human habitation.

(5) 'Elevated blood lead level' means a blood lead concentration of ten micrograms per deciliter or greater as determined by the lower of two consecutive blood tests within a six-month period.

(6) 'Lead poisoning hazard' means the presence of readily accessible or mouthable lead bearing substances measuring 1.0 milligram per square centimeter or greater by X-ray fluorescence or 0.5 percent or greater by chemical analysis; 100 micrograms per square foot or greater for dust on floors; 500 micrograms per square foot or greater for dust on window sills.

(7) 'Lead safe housing' is housing that was built since 1978 or that has been tested by a person who has been licensed or certified by the Board of Natural Resources to perform such testing and either found to have no lead-based paint hazards within the meaning of Title X of the Residential Lead-Based Paint Hazard Reduction Act of 1992, 14 U.S.C. Code Section 185(b) (15) or housing that has been found to meet the requirements of the maintenance standard.

(8) 'Maintenance standard' means the following:
(A) Repairing and repainting areas of deteriorated paint inside a residential housing unit;

(B) Cleaning the interior of the unit to a standard of cleaning which is at least customary in the local area at lease origination or as part of the abatement plan, whichever is first, to remove dust that constitutes a lead poisoning hazard;

(C) Adjusting doors and windows to minimize friction or impact on surfaces;

GEORGIA lAWS 2000 SESSION

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(D) Subject to the occupant's approval, appropriately cleaning any carpets at lease origination or as part of the abatement plan, whichever is first;

(E) Taking such steps as are necessary to ensure that all interior surfaces on which dust might collect are readily cleanable; and

(F) Providing the occupant or occupants all information required to be provided under the Residential Lead-Based Paint Hazard Reduction Act of 1992 and amendments thereto.

(9) 'Managing agent' means any person who has charge, care, or control of a building or part thereof in which dwelling units or rooming units are leased.
(10) 'Mouthable lead-bearing substance' means any substance on surfaces or fixtures five feet or less from the floor or ground that form a protruding corner or similar edge, protrude one-half inch or more from a flat wall surface, or are freestanding and contain lead contaminated dust at a level that constitutes a lead poisoning hazard. Mouthable surfaces or fixtures include vinyl miniblinds, doors, door jambs, stairs, stair rails, windows, window sills, and baseboards.

(11) 'Persistent elevated blood lead level' means a blood lead concentration of 15 to 19 micrograms per deciliter as determined by the lowest of three consecutive blood tests. The first two blood tests shall be performed within a six-month period, and the third blood test shall be performed at least 12 weeks and not more than six months after the second blood test.

(12) 'Readily accessible lead-bearing substance' means any substance containing lead at a level that constitutes a lead poisoning hazard which can be ingested or inhaled by a child under six years of age. Readily accessible substances include deteriorated paint that is peeling, chipping, cracking, flaking, or blistering to the extent that the paint has separated from the substrate. Readily accessible substances also include paint that is chalking.

(13) 'Regularly visits' means presence at a dwelling, dwelling unit, school, or day-care facility for at least two days a week for more than three hours per day.

(14) 'Supplemental address' means a dwelling, dwelling unit, school, or day-care facility where a child with a persistent elevated blood lead level or a confirmed lead poisoning regularly visits or attends. Supplemental address also means a dwelling, school, or day-care facility where a child re-

~

1264

GENERAL ACTS AND RESOLUTIONS, VOL. I

sided, regularly visited, or attended within the six months immediately preceding the determination of a persistent elevated blood lead level or a confirmed lead poisoning.

31-41-13.

Upon determination that a lead poisoning hazard exists, the division shall give written notice of the lead poisoning hazard to the owner or managing agent of the dwelling, dwelling unit, school, or day-care facility and to all persons residing in or attending the dwelling or facility. The written notice to the owner or managing agent shall include a list of possible methods of abatement of the lead poisoning hazard.
31-41-14.

(a) Upon determination that a child less than six years of age has a confirmed lead poisoning of 20 micrograms per deciliter or greater and that child resides in, attends, or regularly visits a dwelling, dwelling unit, school, or day-care facility containing lead poisoning hazards, the division shall require abatement of the lead poisoning hazards. The division shall also require the abatement of the lead poisoning hazards identified at the supplemental addresses of a child less than six years of age with a confirmed lead poisoning of 20 micrograms per deciliter or greater.

(b) When abatement is required under subsection (a) of this Code section, the owner or managing agent shall submit a written lead poisoning hazard abatement plan to the division within 14 days of receipt of the lead poisoning hazard notification and shall obtain written approval of the plan prior to initiating abatement. The lead poisoning hazard abatement plan shall comply with subsection (g) of this Code section. The written plan shall be deemed approved if the division does not respond within 14 days of receipt.

(c) If the abatement plan submitted fails to meet the requirements of this Code section, the division shall issue an abatement order requiring submission of a modified abatement plan. The order shall indicate the modifications which shall be made to the abatement plan and the date by which the plan as modified shall be submitted to the division.

(d) If the owner or managing agent does not submit an abatement plan within 14 days, the division shall issue an abatement order requiring submission of an abatement plan within five days of receipt of the order.
(e) The owner or managing agent shall notify the division and the occupants of the dates of abatement activities at least three days prior to the commencement of abatement activities.

(f) Abatement shall be completed within 60 days of the division's approval of the abatement plan. If the abatement activities are not completed within 60 days as required, the division shall issue an order requiring completion of

GEORGIA LAWS 2000 SESSION

1265

abatement activities. An owner or managing agent may apply to the division for an extension of the deadline for abatement. The division may issue an order extending the deadline for 30 days upon proper written application by the owner or managing agent.

(g) All lead-containing waste and residue of the abatement of lead shall be removed and disposed of by the person performing the abatement in accordance with applicable federal, state, and local laws and rules.

(h) The rlivision shall verify by visual inspection that the approved abatement plan has been completed. The division may also verify plan completion by residual lead dust monitoring. Compliance with the maintenance standard shall be deemed equivalent to meeting the abatement plan requirements.
(i) Removal of children from the dwelling, school, or day-care facility shall not constitute abatement if the property continues to be used for a dwelling, school, or day-care facility.

31-41-15.

Any owner of a residential housing unit constructed prior to 1978 who is sued by a current or former occupant seeking damages for injuries allegedly arising from exposure to lead-based paint or lead-contaminated dust shall not be deemed liable: ( 1) for any injuries sustained by that occupant after the owner first complied with the maintenance standard defined under paragraph (8) of Code Section 31-41-12 provided that the owner has repeated the steps provided for in the maintenance standard annually and obtained a certificate of compliance under Code Section 31-41-16 annually during such occupancy; or (2) if the owner is able to show that the unit was lead safe housing containing no lead-based paint hazards during the period when the injuries were sustained. Nothing contained in this article shall be construed or interpreted as imposing or creating any liability on or creating any cause of action against any owner or managing agent of a dwelling, dwelling unit, or residential housing unit arising from exposure to lead-based paint or lead-contaminated dust, regardless of when such dwelling, dwelling unit, or residential housing unit was constructed and regardless of whether the requirements of this article have been complied with or accomplished.
31-41-16.

An owner of a unit who has complied with the maintenance standard may apply annually to the division for and upon presentation of acceptable proof of compliance shall be provided by the division a certificate evidencing such compliance. The owner shall be entitled to the liability relief provided for in Code Section 31-41-15 upon obtaining such certificate or certificates.

1266

GENERAL ACTS AND RESOLUTIONS, VOL. I

3141-17.

In any residential housing unit occupied by a child less than six years old who has an elevated blood lead level of ten micrograms per deciliter or greater, the division shall advise, in writing, the owner or managing agent and the child's parents or legal guardian as to the importance of carrying out routine cleaning activities in the units they occupy, own, or manage. Such cleaning activities shall include:

(1) Wiping clean all window sills with a damp cloth or sponge at least weekly;

(2) Regularly washing all surfaces accessible to the child;

(3) In the case of a leased residential housing unit, identifying any deteriorated paint in the unit and notifying the owner or managing agent of such conditions within 72 hours of discovery; and

(4) Identifying and understanding potential lead poisoning hazards in the environment of each child under the age of six in the housing unit including vinyl miniblinds, playground equipment, soil, and painted surfaces and taking steps to prevent the child from ingesting lead, such as encouraging the child to wash his or her face and hands frequently and especially after playing outdoors.
3141-18.

This article shall not apply to any owner or managing agent of a single-family dwelling or multifamily residence, building, or structure designed to contain not more than 12 single-family dwellings, dwelling units, or residential housing units so long as the whole complex comprised of such residences, buildings, or structures does not contain more than 12 single-family dwellings, dwelling units, or residential housing units.

3141-19.

The Division of Public Health shall be authorized to promulgate all necessary regulations for the implementation and enforcement of this article."

SECTION 2.

The provisions of this Act relating to enforcement of recommendations for abatement or mitigation of a lead hazard shall become effective upon the receipt of funds by the Division of Public Health in the form of a grant for such specific purpose awarded by the Centers for Disease Control and Prevention.

GEORGIA lAWS 2000 SESSION

1267

SECTION 3.

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

Approved May 1, 2000.

CRIMES AND OFFENSES - REMOVAL OF FIREARM, CHEMICAL SPRAY, OR BATON FROM lAW ENFORCEMENT OFFICER.
Code Section 16-10-33 Enacted.
No. 795 (House Bill No. 905).
AN ACT
To amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to make it unlawful for any person knowingly to remove or attempt to remove a firearm, chemical spray, or baton from the possession of another person if the other person is lawfully acting within the course and scope of employment and the person has knowledge or reason to know that the other person is employed as a peace officer, correctional officer, probation officer, parole supervisor, or juvenile correctional officer; to provide penalties; to provide that a violation of this Act shall constitute a separate offense; to provide that a sentence imposed under this Act may be imposed separate from and consecutive to or concurrent with a sentence for any other offense related to the actions of the defendant establishing the offense under this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, is amended by adding at the end thereof a new Code Section 16-10-33 to read as follows:
"16-10-33.
(a) It shall be unlawful for any person knowingly to remove or attempt to remove a firearm, chemical spray, or baton from the possession of another person if:
(1) The other person is lawfully acting within the course and scope of employment; and

1268

GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) The person has knowledge or reason to know that the other person is employed as:
(A) A peace officer as defined in paragraph (8) of Code Section 35-8-2;

(B) A probation officer, or other employee with the power of arrest, by the Department of Corrections;

(C) A parole supervisor, or other employee with the power of arrest, by the State Board of Pardons and Paroles;
(D) A jail officer or guard by a county or municipality and has the responsibility of supervising inmates who are confined in a county or municipal jail or other detention facility; or
(E) A juvenile correctional officer by the Department of Juvenile Justice and has the primary responsibility for the supervision and control of youth confined in such department's programs and facilities.

(b) Any person who violates subsection (a) of this Code section 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.

(c) A violation of this Code section shall constitute a separate offense. A sentence imposed under this Code section may be imposed separate from and consecutive to or concurrent with a sentence for any other offense related to the act or acts establishing the offense under this Code section."

SECTION 2.

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

Approved May 1, 2000.

RETIREMENT AND PENSIONS - TEACHERS RETIREMENT SYSTEM OF GEORGIA; GRADUATE STUDY INTERRUPTED BY MILITARY SERVICE; CREDITABLE SERVICE.
Code Section 47-3-60 Amended.
No. 796 (House Bill No. 908).
AN ACT
To amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to service credit in the Teachers Retirement System of Georgia for postgraduate study and other matters, so as to provide that a period of postgraduate study which is interrupted solely by a period of military service begun

GEORGIA LAWS 2000 SESSION

1269

during a period in, which the military draft is in effect shall be deemed not to have been interrupted; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to service credit in the Teachers Retirement System of Georgia for postgraduate study and other matters, is amended by striking in its entirety paragraph (2) of subsection (f) and inserting in lieu thereof the following:

"(2) A member who undertakes full-time graduate study designed to advance or improve his or her training or abilities as a teacher is entitled to receive creditable service for a period of graduate study under the following conditions:

(A) The member must have been a full-time teacher in the public schools of this state or in the University System of Georgia under the board of regents immediately prior to the period of graduate study. Any such period of graduate study interrupted solely for a period of active duty military service begun during a period in which the military draft is in effect shall be deemed not to have been interrupted for purposes of this subparagraph;

(B) The member must submit a transcript or similar document to the retirement system as verification of the graduate study pursued;

(C) The member must return to full-time employment as a teacher in the public schools of this state or in the University System of Georgia under the board of regents for a minimum of five years following such period of graduate study;

(D) The member must pay the appropriate member contributions plus applicable accrued interest in accordance with regulations adopted by the board of trustees on the basis of the salary the member was receiving for full-time employment as a teacher immediately prior to the period of graduate study; and

(E) Either the member's present employer or the member must pay the appropriate employer contributions and applicable accrued interest thereon if the source of funds from which the member was paid immediately prior to his or her period of graduate study was other than state funds."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2.
This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

REVENUE AND TAXATION - AD VALOREM TAXES; DIGEST REVIEW.
Code Section 48-5-32.1 Amended.
No. 797 (House Bill No. 939).
AN ACT
To amend Code Section 48-5-32.1 of the Official Code of Georgia Annotated, relating to required procedures regarding the setting of millage rates, so as to change certain provisions regarding digest review by the state revenue commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 48-5-32.1 of the Official Code of Georgia Annotated, relating to required procedures regarding the setting of millage rates, is amended by striking subsection (e) and inserting in its place a new subsection (e) to read as follows:
"(e) The commissioner shall not accept for review the digest of any county which does not submit simultaneously with such digest evidence of compliance with this Code section by the levying authorities and recommending authorities with the exception of municipal governing authorities. In the event a digest is not accepted for review by the commissioner pursuant to this subsection, it shall be accepted for review upon satisfactory submission by such authorities of such evidence. The levies of each of the levying authorities other than the county governing authority shall be invalid and unenforceable until such time as the provisions of this Code section have been met."

GEORGIA lAWS 2000 SESSION

1271

SECTION 2.

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

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

Approved May 1, 2000.

RETIREMENT AND PENSIONS - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; JUDICIAL SECRETARIES; CREDIT FOR PRIOR SERVICE.
Code Sections 47-2-245 and 47-2-264 Amended.
No. 798 (House Bill No. 988).
AN ACT
To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide creditable service for prior service as a secretary of a state court judge; to provide for prior service as a secretary of a superior court judge; to provide for the transfer of employer and employee contributions with interest; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by striking subsections (a) and (b) of Code Section 47-2-245, relating to creditable service in the Employees' Retirement System of Georgia for secretaries of appellate court judges, and inserting in lieu thereof, respectively, the following:
"(a) Any member who became a member by operation of Code Section 472-242 or 47-2-243 shall be eligible to obtain creditable service for all prior service as an officer or employee of a state court judge or a superior court judge while covered by a retirement or pension system operated by a county for county employees if such person has not yet begun receiving a retirement or disability benefit from such retirement or pension system.
(b) To obtain creditable service under this Code section, the member must apply to the board of trustees not later than December 31, 2000, or within six months after becoming a member, whichever date is later, and must pro-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

vide such evidence of such prior service as the board deems necessary. Upon notification in writing by the board of trustees of this retirement system, the board of trustees or other managing body of the local retirement or pension system shall transfer to this retirement system accumulated employer contributions and accumulated interest thereon which have been credited by the local retirement or pension system to each employee, and thereafter such person shall not be entitled to receive a benefit from such local retirement or pension system."
SECTION 2.
Said chapter is further amended by inserting at the end of Code Section 47-2264, relating to membership in the retirement system of secretaries employed by judges of the superior courts and district attorneys, a new subsection to read as follows:

"(d) Any member of this retirement system subject to the provisions of this Code section may obtain creditable service for prior service as a secretary to a state court judge while a participating member of a county retirement system by so notifying the board of trustees of this retirement system and the board of trustees of the county retirement system. Upon receiving such notice, the board of trustees of the county retirement system shall transfer to the board of trustees of this retirement system all employer and employee contributions made by or on behalf of the member, together with regular interest thereon. Upon receipt of such funds, the member shall be credited with such years of service, not to exceed the years of actual service as secretary for a state court judge, as such amount will warrant without creating any unfunded actuarial accrued liability."

SECTION 3.
This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

GEORGIA LAWS 2000 SESSION

1273

RETIREMENT AND PENSIONS- EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; TEACHERS RETIREMENT SYSTEM OF GEORGIA; ELECTIONS
BY TRANSFEREES TO REMAIN SYSTEM MEMBERS.

Code Sections 47-2-181 and 47-3-81 Amended.

No. 799 (House Bill No. 999).

AN ACT

To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that any person who was a vested member of the Teachers Retirement System of Georgia who became employed in a position covered by the Employees' Retirement System of Georgia shall have a certain time to elect to remain a member of the Teachers Retirement System of Georgia; to provide that any person who was a vested member of the Employees' Retirement System of Georgia who became employed in a position covered by the Teachers Retirement System of Georgia shall have a certain time to elect to remain a member of the Employees' Retirement System of Georgia; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety paragraph (4) of subsection (c) of Code Section 47-2-181, relating to the transfer of service credits and accumulated contributions from the Teachers Retirement System of Georgia to the Employees' Retirement System of Georgia, and inserting in lieu thereof the following:

"(4) This subsection shall be applicable to each person who was a member of this retirement system on January 1, 1997, and to all persons who become a member on or after such date. Any person subject to this subsection who became a member of the Teachers Retirement System of Georgia between January 1, 1997, and June 30, 1998, who elects to remain a member of this retirement system shall be governed by the provisions of subsection (a) of this Code section relating to the transfer of service credits and accumulated contributions. Any person eligible to make the election provided for in this subsection shall do so in writing to the board of trustees not later than September 30, 2000, or within 60 days after the person became an employee of an employer, whichever date is later. Once made, the election is irrevocable."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2.

Said title, is further amended by striking in its entirety paragraph (5) of subsection (b) of Code Section 47-3-81, relating to the transfer of service credits and accumulated contributions from the Employees' Retirement System of Georgia to the Teachers Retirement System of Georgia, and inserting in lieu thereof the following:

"(5) Any person eligible to make the election provided for in this subsection shall do so in writing to the board of trustees not later than September 30, 2000, or within 60 days after the person became a teacher, whichever date is later. Once made, the election shall be irrevocable."

SECTION 3.

This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

HANDICAPPED PERSONS - COMMUNITY TRUSTS.
Code Section 30-10-6 Amended.
No. 801 (House Bill No. 1026).
AN ACT
To amend Code Section 30-10-6 of the Official Code of Georgia Annotated, relating to qualification of community trusts, documents, life beneficiaries, trustees, and related matters, so as to delete a cap on administrative fees; to specify the distribution of any proceeds remaining in any such trust at the time of the life beneficiary's death; to change provisions relating to the authority of a cotrustee to withdraw funds from a community trust; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2000 SESSION

1275

SECTION 1.

Code Section 30-10-6 of the Official Code of Georgia Annotated, relating to qualification of community trusts, documents, life beneficiaries, trustees, and related matters, is amended by striking in its entirety paragraph (2) of subsection (b) and inserting in lieu thereof the following:

"(2) A community trust may accept contributions from any source, so long as basic eligibility requirements are satisfied, to be held, administered, managed, invested, and distributed in order to facilitate the coordination and integration of private financing for individuals who have one or more impairments, while maintaining the eligibility of those individuals for government funding. All contributions and the earnings of a community trust shall be administered as one trust for purposes of investment and management of funds. Notwithstanding the administration as one trust for investment and management, one or more separate accounts shall be established for each designated life beneficiary. The net income earned after deducting administrative expenses shall be credited to the accounts of the life beneficiaries, in proportion to the amount of the contribution made for each life beneficiary to the total contributions made for all life beneficiaries;"

SECTION 2.

Said Code section is further amended by striking in its entirety paragraph (4) of subsection (b) and inserting in lieu thereof the following:

"(4) If a donor designates himself or herself or his or her spouse as the life beneficiary, then the account of the life beneficiary shall, regardless of any other provision of this chapter, meet the following additional conditions:

(A) The contribution or contributions of the life beneficiary or his or her spouse to the community trust shall be irrevocable;

(B) The funds remaining in the life beneficiary's account upon the death of the life beneficiary shall, to the extent such funds result from contributions made by the life beneficiary or his or her spouse, be subject to the state reimbursement requirements of federal laws governing community trusts, including paragraph (4) of subsection (d) of 42 U.S.C. Section 1396p as applied by this state. Any funds remaining after satisfaction of such requirements shall be distributed as the donor has designated in writing, and if there is no such designation or should distribution to those designated by the donor be impossible, then to a successor trust; and

(C) Neither the donor nor the donor's spouse shall serve as cotrustee;".

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 3.

Said Code section is further amended by striking in its entirety paragraph (7) of subsection (b) and inserting in lieu thereof the following:

"(7) Any cotrustee may, for good and sufficient reason upon written notice to the trustees and a determination by the board of trustees that the reason for the transfer is good and sufficient or upon the issuance of a notice of termination by the board of trustees, transfer all of the current fair market value of the balance of the life beneficiary's account in the trust as determined on the date of transfer to another trustee to be held for the sole benefit of the life beneficiary during his or her life; provided, however, that if such a transfer involves funds contributed by the life beneficiary or his or her spouse, any trustee to whom funds are so transferred shall acknowledge in writing the right of the state to reimbursement as provided in 42 U.S.C. Section 1396p(d)(4). In no event shall a cotrustee be entitled to transfer only a portion of the current fair market value of the life beneficiary's account in the trust;".

SECTION 4.

Said Code section is further amended by striking in its entirety paragraph (9) of subsection (b) and inserting in lieu thereof the following:

"(9) Upon the death of the life beneficiary, then an amount equal to the current fair market value of the balance of the life beneficiary's account in the trust, as determined on the date of death, less payment of funeral and burial costs of the life beneficiary and satisfaction of any lien as provided in paragraph (4) of this subsection, shall be distributed to the person or persons the donor has designated; provided, however, that if the donor has failed to designate a person or persons for distribution in this event or if a distribution to the designated person or persons is impossible, the board of trustees shall distribute the fair market value of such life beneficiary's account to a successor trust. To the extent this provision must be modified for the life beneficiary to remain eligible for government benefits, such modifications shall be made; and".

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

GEORGIA LAWS 2000 SESSION

1277

RETIREMENT AND PENSIONS - GEORGIA LEGISLATIVE RETIREMENT SYSTEM; BOARD OF TRUSTEES; RETIREMENT ALLOWANCE INCREASES.

Code Sections 47-6-1 and 47-6-80 Amended.

No. 802 (House Bill No. 1031).

AN ACT

To amend Code Section 47-6-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Legislative Retirement System, so as to provide that no member or beneficiary of such retirement system shall serve on the board of trustees of such retirement system; to amend Code Section 476-80 of the Official Code of Georgia Annotated, relating to eligibility and application for a retirement allowance under the Georgia Legislative Retirement System and related matters, so as to authorize the board of trustees of such retirement system to grant a discretionary increase in such allowance; to provide conditions for such increase; to provide that any such increase shall be uniform; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 47-6-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Legislative Retirement System, is amended by striking paragraph (3) and inserting in lieu thereof the following:

"(3) 'Board' means the Board of Trustees of the Employees' Retirement System of Georgia; provided, however, that if any member of such board of trustees is an active or retired member or a beneficiary of this retirement system, he or she shall not serve as a member of the board of trustees of this retirement system."

SECTION 2.

Code Section 47-6-80 of the Official Code of Georgia Annotated, relating to eligibility and application for a retirement allowance under the Georgia Legislative Retirement System and related matters, is amended by inserting at the end thereof the following:

"(f) Subject to the terms and limitations of this Code section, the board of trustees is authorized to adopt from time to time a method or methods of providing for increases in the retirement allowance provided in subsection (d) of this Code section for persons theretofore or thereafter retiring under this article. Such method shall be based upon:

(1) The recommendation of the actuary of the board of trustees;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and

(3) Such other factors as the board deems relevant; provided, however, that any such increase shall be uniform and shall apply equally to all members of this retirement system."
SECTION 3.

This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.

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

Approved May 1, 2000.

RETIREMENT AND PENSIONS -JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA; MEMBERSHIP DUES.
Code Title 47, Chapter 11 Amended.
No. 803 (House Bill No. 1089).
AN ACT
To amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that membership dues shall be due on a certain date; to provide that membership dues shall not be required after payment for 20 years; to provide that no service credit shall be granted for any month in which payment of dues and other fees are in arrears; to provide for a suspension in active membership for any member in arrears in the payment of dues and other fees for a certain period; to provide that dues shall not be required after 20 years of creditable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2000 SESSION

1279

SECTION 1.
Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, is amended by striking in its entirety Code Section 47-11-40, relating to eligibility to participate in such retirement fund and related matters, and inserting in lieu thereof the following:
"47-11-40.
Before any person shall be eligible to participate in the fund he or she must:
(1) (A) Be serving as secretary-treasurer or as an employee of the board; or
(B) Be a duly qualified and commissioned judge of the probate court of a county of the State of Georgia. Any judge of a probate court or employee of the board who desires to participate in the fund shall further comply with applicable provisions in paragraphs (2) through (9) of this Code section;
(2) In the case of judges of the probate courts or employees of the board, make application to the board for membership in the fund on a form to be furnished by the board for that purpose, giving such information, together with verification and proof thereof, as may be required by the board;
(3) (A) As to judges of the probate courts, make application to the board within a period of 12 months after commencing such service as a judge of the probate court in order to claim and receive credit for services rendered retroactive to the date of the commencement of such service or forever be barred from claiming or receiving any credit for any service rendered prior to the date the application is received in the office of the secretary-treasurer.
(B) As to employees of the board, make application to the board within a period of 12 months after commencing such service as an employee of the board in order to claim and receive credit for services rendered retroactive to the date of the commencement of such service or forever be barred from claiming or receiving any credit for any service rendered prior to the date the application is received in the office of the secretary-treasurer; provided, however, that no employee of the board shall be credited with any service to the board which occurred prior to January 1, 1990; and provided, further, that any person serving as an

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employee of the board prior to July 1, 1992, shall have until July 1, 1993, to make application with the board and to receive credit for services rendered after January 1, 1990;

(4) (A) Any person who on July 1, 1994, has been eligible for membership in the fund for at least 12 months immediately preceding that date and who has never joined the fund may join or rejoin the fund by complying with all relevant provisions of this Code section; provided, however, that such person must make application to the board of trustees not later than June 30, 1995, or forever be barred from receiving credit toward retirement for any time served prior to the date any application for membership is received in the office of the secretary-treasurer.

(B) Any person who becomes a member pursuant to subparagraph (A) of this paragraph shall be entitled to obtain service credit for any period during which such person was eligible for membership. Any person who is a member on July 1, 1994, and who has failed to obtain service credit for any period of service as a probate judge may receive service credit for such period for which service credit has not been awarded. Such service credit may be obtained not later than June 30, 1995, by complying with the provisions of paragraphs (5) and (6) of this Code section;

(5) As to judges of the probate courts or employees of the board, file with such application a sworn statement setting out the length of time served as judge of the probate court by the applicant since December 22, 1953, or as an employee of the board since January 1, 1990, and such judge's net earnings for each month during such entire period, which may be arrived at by deducting any and all sums spent for the operation of his or her office if he or she is on a fee basis, but by the gross amount if he or she is on salary; provided, however, that if by either method the income of such judge of the probate court or employee of the board for his or her service as such:

(A) Exceeds $12,000.00 per annum or an average of more than $1,000.00 per month for any calendar year prior to 1979, such income shall be deemed to be not more than $12,000.00 during such year and shall be adjusted to this figure;

(B) Exceeds $6,000.00 or an average of more than $1,000.00 per month for the six-month period beginning January 1, 1979, and ending June 30, 1979, such income shall be deemed to be not more than $6,000.00 during such six-month period and shall be adjusted to this figure;

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(C) Exceeds $7,500.00 or an average of more than $1,250.00 per month for the six-month period beginning July 1, 1979, and ending December 31, 1979, such income shall be deemed to be not more than $7,500.00 during such six-month period and shall be adjusted to this figure;

(D) Exceeds $15,000.00 per annum or an average of more than $1,250.00 per month for any calendar year after 1979, such income shall be deemed to be not more than $15,000.00 during such year and shall be adjusted to this figure;

(E) Exceeds $20,000.00 per annum or an average of more than $1,666.66 per month for any calendar year after 1990, such income shall be deemed to be not more than $20,000.00 during such year and shall be adjusted to this figure;

(F) Exceeds $25,000.00 per annum or an average of more than $2,083.33 per month for any calendar year after 1992, such income shall be deemed to be not more than $25,000.00 during such year and shall be adjusted to this figure; or

(G) Exceeds $30,000.00 per annum or an average of more than. $2,500.00 per month for any calendar year after 1998, such income shall be deemed to be not more than $30,000.00 during such year and sh;;tll be adjusted to this figure; provided, however, that the board of trustees is authorized to increase such amounts by not more than 3 percent each year, provided that such increase is based upon:

(i) The recommendation of the actuary of the board of trustees;

(ii) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and
(iii) Such other factors as the board deems relevant.

(6) As to judges of the probate courts or employees of the board, remit to the board with his or her application the sum of $105.00 per month as dues, together with interest at a rate of 6 percent per annum from the end of the month in which such dues accrued;

(7) As to judges of the probate courts or employees of the board, file with the board for each month subsequent to admission as a member by the close of business of the twentieth day of each month the sum certain of $105.00; provided, however, that the requirement for such dues shall cease after the member has paid such dues for a period of 20 years; and

~

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(8) As to judges of the probate courts or employees of the board, all applications for membership, sworn statements of net earnings, remittances of dues, and all other information, facts, or figures in connection with this Code section are subject to being examined, audited, and approved by the board."
SECTION 2.
Said article is further amended by striking in its entirety Code Section 47-1141, relating to service credit in years in which an arrearage in the payment of dues and other fees exists, and inserting in lieu thereof the following:

"47-1141.

No member shall receive service credit for any month in which an arrearage exists in the payment of dues required by Code Section 47-1140 or the portion of the collected revenues required to be paid to the fund by Article 4 of this chapter."

SECTION 3.

Said chapter is further amended by inserting immediately following Code Section 47-1141, a new Code section to read as follows:
"47-1142.

Any member who has been in arrears in the payment of dues required by Code Section 47-1140 or the portion of the collected revenues required to be paid to the fund by Article 4 of this chapter for a period of 90 days shall be suspended from membership effective on the ninetieth day of such arrearage. Such member may apply for reinstatement as an active member only during the 30 day period beginning with his or her next full term of office, and such member shall not receive service credit for such period of suspension."

SECTION 4.

Said chapter is further amended by striking in its entirety subsection (a) of Code Section 47-11-71, relating to the amount of retirement benefits under such retirement fund, and inserting in lieu thereof the following:

"(a) (1) Any judge of the probate court or employee of the board who is approved for retirement benefits as provided in subsection (a) of Code Section 47-11-70 prior to July 1, 1996, shall be paid a monthly sum equal to 5 percent of the judge's or employee's average monthly net earnings, as may be determined from reports of such earnings and subject to the limitations on such earnings as provided for in Code Section 47-1140, for each year served by the judge or employee up to, but not exceeding, a total of 20 years, except as provided in subsection (c) of this Code section. No time prior to December 22, 1953, or for which dues have not been

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paid in accordance with Code Section 47-11-40 shall be considered in determining the number of years of service of any such judge of the probate court for purposes of determining retirement pay and no time prior to January 1, 1990, or for which dues have not been paid in accordance with Code Section 47-11-40 shall be considered in determining the number of years of service of any such employee of the board for purposes of determining retirement pay.

(2) Any judge of the probate court or employee of the board who is approved for retirement benefits as provided in subsection (a) of Code Section 47-11-70 on or after July 1, 1996, shall be paid a monthly sum equal to 5 percent of the judge's or employee's final monthly net earnings, as may be determined from reports of such earnings and subject to the limitations on such earnings as provided for in subparagraph (G) of paragraph (5) of Code Section 47-11-40, for each year served by the judge or employee up to, but not exceeding, a total of 20 years. No time for which dues have not been paid in accordance with Code Section 47-11-40 shall be considered in determining the number of years of service."

SECTION 5.

This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.

SECTION 6.

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

Approved May 1, 2000.

CRIMES AND OFFENSES- STALKING.
Code Section 16-5-90 Amended.
No. 804 (House Bill No. 1097).
AN ACT
To amend Code Section 16-5-90 of the Official Code of Georgia Annotated, relating to stalking, so as to provide additional definitions; to change the definition of the crime of stalking; to prohibit certain contact including but not limited to communication in person, by telephone, by broadcast, by computer, by

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computer network, or by any other electronic device; to provide that the place of certain communications is the place where the communication is received; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

Code Section 16-5-90 of the Official Code of Georgia Annotated, relating to stalking, is amended by striking subsection (a) and inserting in its place the following:
"(a)(1) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. For the purpose of this article, the terms 'computer' and 'computer network' shall have the same meanings as set out in Code Section 16-9-92; the term 'contact' shall mean any communication including without being limited to communication in person, by telephone, by mail, by broadcast, by computer, by computer network, or by any other electronic device; and the place or places that contact by telephone, mail, broadcast, computer, computer network, or any other electronic device is deemed to occur shall be the place or places where such communication is received. For the purpose of this article, the term 'place or places' shall include any public or private property occupied by the victim other than the residence of the defendant. For the purposes of this article, the term 'harassing and intimidating' means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for such person's safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose. This Code section shall not be construed to require that an overt threat of death or bodily injury has been made.

(2) A person commits the offense of stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6110, standing order issued under Code Section 19-1-1, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the harassment or intimidation of another person, broadcasts or publishes, including electronic publication, the picture, name, address, or phone number of a person for whose benefit the bond, order, or condition was made and without such person's consent in such a manner that causes other persons to harass or intimidate such per-

GEORGIA lAWS 2000 SESSION

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son and the person making the broadcast or publication knew or had reason to believe that such broadcast or publication would cause such person to be harassed or intimidated by others."
SECTION 2.

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

Approved May 1, 2000.

CONSERVATION AND NATURAL RESOURCES- FOREST RESOURCES; PRESCRIBED BURNING.
Code Title 12, Chapter 6, Article 1 Amended.
No. 805 (House Bill No. 1123).
AN ACT
To amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to provide for a statement of legislative purpose; to provide that it is the intent of the General Assembly to fund certain activities; to provide that it shall not be necessary to obtain a permit to burn leaf piles; to provide that local governments may not prohibit certain types of burning; to change a certain definition; to specify certain duties of the State Forestry Commission; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, is amended by striking in its entirety Code Section 12-6-81, relating to a statement of legislative purpose, and inserting in lieu thereof the following:
"12-6-81.
The General Assembly, recogmzmg that the forest lands and resources of the state are a natural resource of great economic value to the citizens of the state, comprising two-thirds of the state's area, or 24 million acres, and giving employment to over 177,000 Georgia citizens and bringing to the state a $19.5 billion economic impact; that uncontrolled forest fires threaten not only lands on which they occur, but also the health of the lands and the citizens of the state; that the present and potential production of forest products are materially menaced and reduced through recurring uncontrolled forest fires, thereby resulting in loss to owners of forest lands, industries,

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workers, and communities; that it is of vital importance to the state to protect and develop forest lands for the continuous production of forest products; and that this cannot be accomplished without organized and coordinated state-wide protection, declares that protection against uncontrolled fire and preservation of the forest lands and forest resources of the state are essential for the economic welfare of the state and its people and further declares that prescribed burning is an effective method of reducing fuel loads and the potential hazards and impact associated with uncontrolled fires."
SECTION 2.
Said article is further amended by striking in its entirety Code Section 12-6-88, relating to the preparation of annual forest fire protection plans by unit forestry boards, and inserting in lieu thereof the following:
"12-6-88.

The State Forestry Commission shall prepare for each unit forestry board a plan for forest fire protection for the fiscal year and shall present such plan at a meeting of the board prior to July 1 of each year. It is the intent of the General Assembly that funds be appropriated to the State Forestry Commission each year to provide a public information campaign as provided in Code Section 12-6-149 and for prescribed fire training throughout the state."

SECTION 3.
Said article is further amended by striking in its entirety Code Section 12-6-90, relating to permits required for certain burning, and inserting in lieu thereof the following:
"12-6-90.

(a) Except as provided in subsections (b) and (c) of this Code section, any person, firm, corporation, or association lawfully entitled to burn any woods, lands, marshes, or any other flammable vegetation, whether in cultivated or uncultivated areas, shall prior to such burning obtain a permit therefor from the forest ranger of the county wherein such burning is to be made or from another employee of the forestry unit serving such county who is authorized by the chief forester of such unit to grant such permits. An applicant for a permit shall provide the county forest ranger or other authorized employee of the forestry unit serving the county with the location and the recommended time of the proposed burn. Such information may be provided and the permit may be obtained by a telephone call to the county forest ranger or to another authorized employee of the forestry unit serving the county. The permit shall be given by providing the applicant therefor with a permit number which will grant permission for a controlled burn to take

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place at the location specified by the applicant at a time approved by the county forest ranger or by the other authorized employee of the forestry unit serving the county.

(b) It shall not be necessary to obtain a permit otherwise required by subsection (a) of this Code section if a sudden emergency requires a firing in order to render one's premises safe. In any prosecution under this Code section, a necessary firing in a sudden emergency shall constitute an affirmative defense, but the burden of proving such necessity shall rest upon the person asserting it as a defense.

(c) It shall not be necessary to obtain a permit otherwise required by subsection (a) of this Code section to burn improved pastures, residue on cultivated crop land, or leaf piles if the person, firm, corporation, or association intending to burn such residue shall, prior to such burning, give notice of the approximate time and location thereof to the forest ranger of the county wherein such burning is to be made or to an employee of the forestry unit serving such county who is authorized to grant permits under subsection (a) of this Code section.

(d) The notice or permit required by this Code section shall be in addition to any other notice or permit or other requirement for burning provided for by law or by ordinance, resolution, or regulation of any county or municipality of this state; provided, however, that no additional restrictions provided by local ordinance shall prohibit burning the understory for the health of the forest and wildlife or prohibit the landowner's ability to reduce fuel loads on the forest floor for the safety of the community; provided further that the forgoing exception shall not apply to the burning of leaf or brush piles not necessary to accomplish the purposes of prescribed burning.

(e) Any person who fails to give any notice required by subsection (c) of this Code section or who makes a burn described by subsection (a) of this Code section without obtaining the permit required by said subsection shall be guilty of a misdemeanor."

SECTION 4.

Said article is further amended by striking in its entirety and inserting Code Section 12-6-146, relating to a statement of legislative findings and purposes, and inserting in lieu thereof the following:

"12-6-146.

(a) It is declared by the General Assembly that prescribed burning is a resource protection and land management tool which benefits the safety of the public, Georgia's forest resources, the environment, and the economy of the state. The General Assembly finds that:

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( 1) Prescribed burning reduces naturally occurring vegetative fuels within forested areas. Reduction of such fuels by burning reduces the risk and severity of major wildfire, thereby lessening the threat of fire and the resulting loss of life and property;

(2) Georgia's ever-increasing population situates urban development directly adjacent to fire prone forest lands. The use of prescribed fire to manage fuels in interface areas would substantially reduce the threat of damaging wildfire in urban communities;

(3) Forest land constitutes significant economic, biological, and aesthetic resources of state-wide importance. Prescribed burning on forest land serves to reduce hazardous accumulations of fuels, prepare sites for both natural and artificial forest regeneration, improve wildlife habitat, control insects and disease, and perpetuate fire dependent ecosystems;

(4) State and federally owned public use lands such as state parks, state and national forests, and wildlife refuges receive resource enhancement through use of prescribed burning;

(5) As Georgia's population continues to grow, pressures from liability issues and smoke nuisance complaints cause prescribed burn practitioners to limit prescribed burn activity, thus reducing the above-mentioned benefits to the state;
(6) Public misunderstanding of the benefit of prescribed burning to the ecological and economic welfare of the state exerts unusual pressures that prevent uninhibited use of this valuable forest resource management tool; and

(7) Fire benefits rare, threatened, and endangered plants, deer, turkey, quail, dove, and other game as well as numerous songbirds and other nongame species by the increased growth and yields of herbs and legumes. It also allows openings for feeding and travel.

(b) It is the purpose of this part to authorize and promote the continued use of prescribed burning for community protection, silvicultural, environmental, and wildlife management purposes."
SECTION 5.
Said article is further amended by striking in its entirety Code Section 12-6147, relating to definitions, and inserting in lieu thereof the following:
"12-6-147.

As used in this part, the term:

(1) 'Commission' means the State Forestry Commission.

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(2) 'Prescribed burning' means the controlled application of fire to existing vegetative fuels under specified environmental conditions and following appropriate precautionary measures, which causes the fire to be confined to a predetermined area and accomplishes one or more planned land management objectives or to mitigate catastrophic wildfires."
SECTION 6.

Said article is further amended by striking in its entirety Code Section 12-6148, relating to requirements for prescribed burning, and inserting in lieu thereof the following:

"12-6-148.

(a) Prescribed burning conducted under the requirements of this part shall:

(1) Be accomplished only when an individual with previous prescribed burning experience or training is in charge of the burn and is present on site until the fire is adequately confined to reasonably prevent escape of the fire from the area intended to be burned;

(2) Be considered in the public interest and shall not create a public or private nuisance;

(3) Be considered a property right of the landowner; and

(4) Be conducted in accordance with a permit issued under Part 3 of this article.

(b) No property owner or owner's agent conducting an authorized prescribed burn under this part shall be liable for damages or injury caused by fire or resulting smoke unless it is proven that there was gross negligence in starting, controlling, or completing the burn."

SECTION 7.

Said article is further amended by striking in its entirety Code Section 12-6149, relating to the authorization of a fire manager program, and inserting in lieu thereof the following:

"12-6-149.

(a) The commission may promulgate a certified prescribed fire manager program whereby practitioners may become qualified and registered under this part.

(b) The commission shall utilize the same or similar record-keeping requirements of Part 3 of this article, the 'Georgia Forest Fire Protection Act,' to reflect the use of prescribed burning under this part.

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(c) The commission shall, subject to sufficient funding, institute a public information campaign in an effort to reveal the benefits of prescribed burning to the general public."

SECTION 8.

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

Approved May 1, 2000.

GAME AND FISH- FISHING; GILL NETS.
Code Section 274-7 Amended.
No. 806 (House Bill No. 1124).
AN ACT
To amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to fish, so as to provide that it shall be unlawful to land in this state certain fish caught by gill net; to provide an exception; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to fish, is amended by striking in its entirety Code Section 274-7, relating to the use of gill nets and seizure of illegal nets, and inserting in lieu thereof the following:
"274-7.
(a) Except as otherwise provided by law or rule and regulation, it shall be unlawful for any person to use a gill net in any of the fresh waters or salt waters of this state at any time, provided that it shall be lawful for properly licensed fishermen to use such nets in the taking of shad and sturgeon in accordance with Code Section 274-71, subsection (d) of Code Section 27-491, and all other laws and rules and regulations applicable to the taking of such fish. All nets violative of this Code section found in the fresh waters or salt waters of this state or in the possession of any person on or around fresh water or salt water shall be seized by conservation rangers or other peace officers of this state. Nets so seized shall be confiscated and shall become the property of the department and shall be disposed of as the commissioner shall direct.

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(b) Except for sturgeon taken in accordance with subsection (d) of Code Section 27-4-91, it shall be unlawful to land in this state any of the species of fish enumerated in Code Section 27-4-130.1 which were taken by means of a gill net. For purposes of this subsection, 'to land' fish means to bring the fish to shore in this state in the boat or vessel utilized in taking the fish by means of a gill net, regardless of the jurisdiction from which the fish were taken."
SECTION 2.

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

SECTION 3.

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

Approved May 1, 2000.

FOOD, DRUGS, AND COSMETICS - DAIRY PRODUCTS; DEFINITIONS; STANDARDS.
Code Sections 26-2-231 and 26-2-238 Amended.
No. 807 (House Bill No. 1132).
AN ACT
To amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980," so as to change references to the "Grade A Pasteurized Milk Ordinance"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980," is amended by striking subsection (b) of Code Section 26-2-231, relating to definitions, and inserting in its place the following:
"(b) Unless otherwise defined in this article, the following words shall have the meanings respectively ascribed to them in the May, 1999, Amended Version of the 'Grade A Pasteurized Milk Ordinance' Recommendations of the United States Public Health Service - Food and Drug Administration and supplements thereto:
(1) 'Raw cow's milk';

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) 'Grade A whole milk'; (3) 'Grade A milk, pasteurized';

(4) 'Grade A skim milk';

(5) 'Grade A buttermilk';

(6) 'Grade A chocolate milk';

(7) 'Grade A modified solids milk'; and

(8) 'Pasteurization."'

SECTION 2.
Said article is further amended by striking Code Section 26-2-238, relating to standards and requirements generally, and inserting in its place the following:

"26-2-238.

The standards and requirements of the May, 1999, Amended Version of the 'Grade A Pasteurized Milk Ordinance' Recommendations of the United States Public Health Service - Food and Drug Administration and supplements thereto, except as otherwise provided in this article, are expressly adopted as the standards and requirements for this state. Future changes in and supplements to said milk ordinance may be adopted by the Commissioner as a part of the standards and requirements for this state."
SECTION 3.

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

Approved May 1, 2000.

DOMESTIC RELATIONS - CHILD CUSTODY PROCEEDINGS; CUSTODY DISPUTES; CHILDREN AT LEAST 11 BUT LESS THAN 14 YEARS OLD.
Code Sections 19-9-1 and 19-9-3 Amended.
No. 808 (House Bill No. 1133).
AN ACT
To amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to change certain provisions relating to custody of children; to change certain provisions relating to discretion of court in custody disputes; to provide for reports of the Judiciary Committees of the Senate and House of Representatives in 2002 regarding the effects of this Act; to repeal conflicting laws; and for other purposes.

GEORGIA lAWS 2000 SESSION

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, is amended by striking paragraph (3) of subsection (a) of Code Section 19-9-1, relating to custody of children, and inserting in lieu thereof the following:

"(3) (A) In all cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection shall be controlling, unless the parent so selected is determined not to be a fit and proper person to have the custody of the child.

(B) In all cases in which the child has reached the age of at least 11 but not 14 years, the court shall consider the desires, if any, and educational needs of the child in determining which parent shall have custody. The court shall have complete discretion in making this determination, and the child's desires are not controlling. The court shall further have broad discretion as to how the child's desires are to be considered, including through the report of a guardian ad litem. The best interest of the child standard shall be controlling.

(C) The desire of a child who has reached the age of 11 years but not 14 years shall not, in and of itself, constitute a material change of conditions or cirmstances in any action seeking a modification or change in the custody of that child.

(D) The court may issue an order granting temporary custody to the selected parent for a trial period not to exceed six months regarding the custody of a child who has reached the age of at least 11 years where the judge hearing the case determines such a temporary order is appropriate."

SECTION 2.

Said article is further amended by adding to subsection (a) of Code Section 19-9-3, relating to discretion of court in custody disputes, a new paragraph (4.1) to read as follows:

"(4.1) In all custody cases in which the child has reached the age of at least 11 but not 14 years, the court shall consider the desires and educational needs of the child in determining which parent shall have custody. The child's selection shall not be controlling. The best interests of the child standard shall apply."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 3.

During the regular session of the General Assembly in 2002, the Judiciary Committee of the Senate and the Judiciary Committee of the House of Representatives shall each make a report of findings regarding the actual effects of this Act upon judicial proceedings.
SECTION 4.

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

Approved May 1, 2000.

REVENUE AND TAXATION - INCOME TAX; CREDIT FOR FEDERAL QUALIFIED TRANSPORTATION FRINGE BENEFITS; CREDIT FOR BUSINESS ENTERPRISE HEADQUARTERS ESTABLISHMENT OR RELOCATION.
Code Section 48-7-29.3 Amended. Code Section 48-740.17 Enacted.
No. 809 (House Bill No. 1134).
AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of state income taxes, so as to change certain provisions regarding the amount of the credit for federal qualified transportation fringe benefits; to provide for certain tax credits with respect to certain establishment or relocation of business enterprise headquarters; to provide for procedures, conditions, and limitations; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of state income taxes, is amended by striking subsection (b) of Code Section 48-7-29.3, relating to a state income tax credit for certain federal qualified transportation fringe benefits, and inserting in its place a new subsection (b) to read as follows:
"(b) A taxpayer shall be allowed a state income tax credit against the tax imposed by this chapter for any federal qualified transportation fringe benefit provided by the taxpayer to an employee which benefit is in addition to and not in lieu of compensation otherwise payable to the employee, in an amount equal to $25.00 per employee receiving such benefit; provided, how-

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ever, that in no event shall the total amount of such tax credit exceed the annual amount expended by such employer in providing such federal qualified transportation fringe benefits to such employees."
SECTION 2.

Said article is further amended by adding a new Code section immediately following Code Section 48-7-40.17, to be designated Code Section 48-7-40.18, to read as follows:
"48-7-40.18.
(a) Any business enterprise, as defined in Code Section 48-7-40, executing an agreement pursuant to paragraph (1) of subsection (d) of Code Section 48-7-31 shall be allowed, beginning in the taxable year in which it establishes its headquarters in this state or relocates its headquarters to this state, a tax credit calculated in the same amounts and under the same principles as the credit established by Code Section 48-7-40.17. Except as otherwise provided in this Code section, the credit established by the Code section shall be subject to the same definitions, limitations, and carry-forward provisions as the credit established by Code Section 48-7-40.17; provided, however, that the term 'headquarters' means the principal central administrative office of such business enterprise; and provided further that for the first taxable year in which it is claimed, all or part of the credit established by this Code section may be applied against taxes imposed under this article for the taxable year immediately preceding that taxable year by amendment to a return or returns for such year.
(b) The credit established by this Code section may be claimed by such business enterprise for new full-time jobs created in taxable years prior to the taxable year in which it establishes its headquarters in this state or relocates its headquarters to this state, where such jobs are in excess of those contained in such agreement and are located at such headquarters. Such jobs shall be deemed for purposes of such credit to have been created on the first day of the taxable year in which such business enterprise establishes its headquarters in this state or relocates its headquarters to this state. No credit in excess of $25 million my be claimed pursuant to the terms of this subsection.

(c) The number of new full-time jobs to which this Code section shall be applicable shall be determined by comparing the monthly average of fulltime jobs subject to Georgia income tax withholding for the taxable year with the corresponding average for the prior taxable year."

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SECTION 3.
(a) Section 1, this section, and Section 4 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Section 2 of this Act shall become effective on January 1, 2001, and shall be applicable to all taxable years beginning on or after that date.

SECTION 4.

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

Approved May 1, 2000.

REVENUE AND TAXATION - INTERNAL REVENUE CODE; DEFINITIONS.
Code Section 48-1-2 Amended.
No. 810 (House Bill No. 1137).
AN ACT
To amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions ,,f federal law into Georgia law; to provide that terms used in the Georgia law shall have the same meaning as when used in a comparable provision or context in federal law; to provide for other matters related to the foregoing; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," is amended by striking paragraph (14) of Code Section 48-1-2, relating to definitions of terms, and inserting in its place a new paragraph to read as follows:
"(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means the United States Internal Revenue Code of 1986 provided for in federal law enacted on or before January 1, 2000. In the event a reference is made in this title to the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on a specific date prior to January 1, 2000, the term means the Internal Revenue Code or the Internal Revenue Code of

GEORGIA lAWS 2000 SESSION

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1954 as it existed on the prior date. Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1986."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to taxable years beginning on or after January 1, 2000. Provisions of the Internal Revenue Code of 1986 which were as of January 1, 2000, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes.

SECTION 3.

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

Approved May 1, 2000.

ANIMALS - CARCASSES; DISPOSAL.
Code Section 4-5-5 Amended.
No. 811 (House Bill No. 1138).
AN ACT
To amend Chapter 5 of Title 4 of the Official Code of Georgia Annotated, known as the "Dead Animal Disposal Act," so as to authorize additional methods for the disposal of dead animals; to repeal certain provisions relating to carcasses which are burned; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 4 of the Official Code of Georgia Annotated, known as the "Dead Animal Disposal Act," is amended by striking Code Section 4-5-5, relating to methods of disposal of dead animals, and inserting in its place the following:
"4-5-5.
Methods which can be used for disposal of dead animals are burning, incineration, burial, rendering, or any method using appropriate disposal technology which has been approved by the Commissioner. Disposal of animal carcasses by any of the approved methods must be completed within 12

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hours after death or discovery of the carcass. Carcasses which are buried must be buried at least three feet below the ground level and have not less than three feet of earth over the carcass."

SECTION 2.

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

Approved May 1, 2000.

FOOD, DRUGS, AND COSMETICS - DAIRY PRODUCTS; POSSESSION OF CERTAIN CANS, BOTTLES, OR RECEPTACLES.
Code Section 26-2-249 Amended.
No. 812 (House Bill No. 1139).
AN ACT
To amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980," so as to change the provisions relating to unlawful acts and the use or possession of certain cans, bottles, and other receptacles; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980," is amended by striking Code Section 26-2-249, relating to unlawful acts, and inserting in its place the following:
"26-2-249.
It shall be unlawful:
(1) To handle milk, cream, butter, ice cream, or other dairy products in unclean or unsanitary places or in an unsanitary manner;
(2) To keep, store, or prepare for market any milk, cream, or other dairy products in the same building or enclosure where any hide or fur or any cow, horse, ratite, nontraditional livestock, hog, or other livestock is kept;
(3) To handle or ship milk, cream, ice cream, or other dairy products in unclean or unsanitary vessels;
(4) To expose milk, cream, ice cream, or other dairy products to flies or to any contaminating influence likely to convey pathogenic or other injurious bacteria;

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(5) For any common carrier, railway, or express company to neglect or fail to remove or ship from its depot, on the day of its arrival there for shipment, any milk, cream, or other dairy products left at the depot for transportation;

(6) For any common carrier, railway, or express company to allow merchandise of a contaminating nature to be stored on or with dairy products;

(7) To use or possess any branded or registered cream can or milk can or ice cream container for any purpose other than the handling, storing, or shipping of milk, cream, or ice cream; provided, however, that no person other than the rightful owner thereof shall use or possess any can, bottle, or other receptacle if such receptacle shall be marked with the brand or trademark of the owner. Nothing in this paragraph shall prohibit the temporary possession by a business involved in the normal processing, distribution, or retail sale of dairy products of any can, bottle, or other receptacle which is marked with the brand or trademark of another person or entity prior to its return to the rightful owner in the normal course of business, or if purchased from the rightful owner;

(8) To sell or offer for sale ice cream from a container or a compartment of a cabinet or fountain which contains any article of food other than ice cream or dairy products;

(9) To sell or offer for sale milk, cream, butter, cheese, ice cream, or other dairy products that are not pure and fresh and handled with clean utensils;

(10) To sell or offer for sale milk or cream from diseased or unhealthy animals or which was handled by any person suffering from or coming in contact with persons affected with any contagious disease;

(11) To sell or offer for sale any milk or cream which shall have been exposed to contamination or into which shall have fallen any unsanitary articles or any foreign substance which would render the milk or cream or the product manufactured therefrom unfit for human consumption;

(12) To sell or offer for sale milk, cream, butter, cheese, ice cream, or other dairy products which do not comply with the standards and requirements of this article or the rules and regulations promulgated hereunder."

SECTION 2.

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

Approved May 1, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

AGRICULTURE - PENALTY IN LIEU OF PERMIT SUSPENSION UNDER GEORGIA DAIRY ACT OF 1980.

Code Section 2-2-10 Amended.

No. 813 (House Bill No. 1140).

AN ACT

To amend Code Section 2-2-10 of the Official Code of Georgia Annotated, relating to imposition of penalties by the Department of Agriculture and the Commissioner of Agriculture in lieu of other action, so as to provide for monetary penalties in lieu of permit suspensions for violations of Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980"; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 2-2-10 of the Official Code of Georgia Annotated, relating to imposition of penalties by the Department of Agriculture and the Commissioner of Agriculture in lieu of other action, is amended by adding at the end thereof a new subsection (c) to read as follows:

"(c) In any case subject to this Code section which involves a permit suspension as authorized by Article 7 of Chapter 2 of Title 26, known as the 'Georgia Dairy Act of 1980,' a monetary penalty may be assessed in lieu of the suspension; provided, however, that the maximum penalty shall not exceed the amount of gain that would be realized during the period of suspension, but in no event shall such penalty exct;ed $20,000.00. In any case involving a monetary penalty in lieu of such permit suspension, the written consent of the person against whom the penalty is to be imposed shall be obtained prior to its assessment."

SECTION 2.

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

Approved May 1, 2000.

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AGRICULTURE- VIDALIA ONIONS; TRADEMARK.

Code Section 2-14-132.1 Enacted.

No. 814 (House Bill No. 1142).

AN ACT

To amend Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, known as the "Vidalia Onion Act of 1986," so as to authorize the Commissioner of Agriculture to create, register, license, promote, and protect a trademark for use on or in connection with the sale or promotion of Vidalia onions and products containing Vidalia onions; to provide for royalty or license fees and the dedication and use thereof; to provide for the powers and duties of the Commissioner; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.

Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, known as the "Vidalia Onion Act of 1986," is amended by adding a new Code Section 2-14-132.1 to read as follows:

"2-14-132.1.

The Commissioner of Agriculture is authorized to take all actions necessary and appropriate to create, register, license, promote, and protect a trademark for use on or in connection with the sale or promotion of Vidalia onions and products containing Vidalia onions. The Commissioner is authorized to impose and collect a royalty or license fee for the use of such trademark on products containing Vidalia onions or the packaging containing such onion products. Such royalty and license fee shall not exceed 0.5 for each six ounces, or portion thereof, of product in connection with all products with which such trademark is used. Funds derived from such royalties and license fees shall be retained by the Commissioner and shall be used to promote Vidalia onions and to pay costs associated with monitoring the use of such trademark, prohibiting the unlawful or unauthorized use of the trademark, and enforcing rights in the trademark."

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

Approved May 1, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

RETIREMENT AND PENSIONS - GEORGIA DEFINED CONTRIBUTION PLAN; DEFINITIONS.

Code Section 47-22-1 Amended.

No. 815 (House Bill No. 1148).

AN ACT

To amend Code Section 47-22-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Defined Contribution Plan, so as to provide that members of state boards and commissions shall not be deemed employees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 47-22-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Defined Contribution Plan, is amended by striking in its entirety paragraph (4), and inserting in lieu thereof the following:

"(4) 'Employee' means any employee of an employer who is not a member of any public retirement or pension system created pursuant to this title; provided, however, the following persons shall not be considered employees under this paragraph:

(A) A person performing services for an institution in which such person is duly enrolled as a full-time student;

(B) A person performing services for an employer pursuant to a contract as a bona fide independent contractor; or

(C) Members of any state board or commission."

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

Approved May 1, 2000.

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REVENUE AND TAXATION - EXCISE TAXES ON PUBLIC ACCOMMODATIONS CHARGES; DEADLINE EXTENSION FOR CERTAIN
CONFERENCE AND CONVENTION FACILITIES FUNDED BY TAX.

Code Section 48-13-51 Amended.

No. 816 (House Bill No. 1149).

AN ACT

To amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, so as to change the specific date by which certain conference and convention center facilities or similar facilities must be substantially completed and in operation; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, is amended by striking paragraph (4.3) of subsection (a) and inserting in lieu thereof the following:

"(4.3) Notwithstanding the provisions of paragraph (1) 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 7 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 (4.3)) amounts as follows: an amount equal to 28.58 percent of the total taxes collected at the rate of 7 percent for the purpose of promoting tourism, conventions, and trade shows which amount shall be expended only through a contract or contracts with the state, a department of state government, a state authority, an authority created by local Act of the General Assembly, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities; and an amount equal to 28.58 percent of the total taxes collected at the rate of 7 percent for the purpose of supporting a conference and convention center facility or similar facility owned or operated by an authority created by local Act of the General Assembly for convention and conference center purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on or prior to July 1, 1997, and if such conference and convention center facility or similar facility is substantially completed and in operation prior to December

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GENERAL ACTS AND RESOLUTIONS, VOL. I

31, 2001, which amounts shall be expended only through a contract or contracts with the state or an authority created by local Act of the General Assembly."

SECTION 2.

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

SECTION 3.

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

Approved May 1, 2000.

HIGHWAYS, BRIDGES, AND FERRIES - STATE HIGHWAY SYSTEM; NAMED FEATURES; OFFICIAL LIST.
Code Section 32-4-2 Amended.
No. 817 (House Bill No. 1153).
AN ACT
To amend Code Section 32-4-2 of the Official Code of Georgia Annotated, relating to official maps and records and rules and regulations of the Department of Transportation, so as to provide for an official list of those portions and features of the state highway system which have been named by Act or resolution of the General Assembly or by resolution of the State Transportation Board; to provide for public access to such list via the Internet or otherwise; to amend Code Section 50-25-7 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority's sale of files of public information, receipt of data in electronic format from the public, and application of statutory restrictions on confidentiality to the authority, so as to provide an exception to certain exclusive authority of the GeorgiaNet Authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 32-4-2 of the Official Code of Georgia Annotated, relating to official maps and records and rules and regulations of the Department of Transportation, is amended by striking subsection (a) and inserting in lieu thereof the following:
"(a) (1) The department shall prepare an official map showing all public roads on the state highway system. Changes to the state highway system shall be recorded on this map as soon as is reasonably possible; and such

GEORGIA lAWS 2000 SESSION

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map, as it is periodically revised, shall be filed with the Secretary of State and shall be open for public inspection. As often as reasonably possible but not less than once every five years, the department shall also prepare and distribute to each county a map showing all the public roads on its county road system including extensions into municipalities.

(2) (A) The department shall prepare an official list of all portions or features of the state highway system, including without limitation public roads, bridges, or interchanges, which have been named by Act or resolution of the General Assembly or by resolution of the State Transportation Board. The department shall update the list to reflect any additions or changes as soon as is reasonably possible; and such list, as periodically revised, shall be open for public inspection. For each such named portion or feature of the state highway system, the list shall specify without limitation the official name; the state highway system route number; the name of each county and the number of each five-digit postal ZIP code area wherein the named portion or feature is located; a citation to the Act or resolution of the General Assembly or the resolution of the State Transportation Board officially naming such portion or feature; and a brief biographical, historical, or other relevant description of the person, place, event, or thing commemorated by such naming.

(B) The department may contract with a state historical society to make such list available in electronic format free of charge to Internet users, provided that any World Wide Web page providing such list pursuant to this subparagraph shall be searchable without limitation by county name or five-digit postal ZIP code."
SECTION 2.

Code Section 50-25-7 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority's sale of files of public information, receipt of data in electronic format from public, and application of statutory restrictions on confidentiality to authority, is amended by striking subsection (a) and inserting in lieu thereof the following:

"(a) The authority shall have exclusive authority to sell or execute license agreements on behalf of the executive branch of state government for an entire file of public information in any electronic medium or format; provided, however, that nothing contained in this subsection shall preclude the Department of Transportation from exercising its authority under subparagraph (a) (2) (B) of Code Section 324-2, nor shall anything contained in this subsection preclude any department, agency, board, bureau, commission, or authority from selling individual records maintained in electronic format or otherwise to the public or other governmental agencies or entities or from

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GENERAL ACTS AND RESOLUTIONS, VOL. I

selling or otherwise disseminating any data which the authority declines to sell; and the authority may likewise be authorized by the judicial and legislative branches to sell on their behalf entire files of public information."
SECTION 3.

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

Approved May 1, 2000.

COURTS- PROBATE COURTS; CASH BONDS; INTEREST REMITTED TO GEORGIA INDIGENT DEFENSE COUNCIL.
Code Section 15-9-18 Enacted.
No. 818 (House Bill No. 1157).
AN ACT
To amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to probate courts, so as to provide that certain clerks of probate court shall deposit cash bonds transferred by the sheriff into interest-bearing trust accounts; to provide that interest from such funds shall be remitted to the Georgia Indigent Defense Council for distribution to the counties pursuant to Article 2 of Chapter 12 of Title 17; to provide for the remittance of certain information; to provide for exemptions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to probate courts, is amended by adding a new Code section, to be designated Code Section 15-9-18, to read as follows:
"15-9-18.
Whenever the sheriff transfers cash bonds to the clerk of the court, pursuant to Code Section 15-16-27, the clerk shall deposit such funds into interestbearing trust accounts and the interest from those funds shall be remitted to the Georgia Indigent Defense Council in accordance with the provisions of subsections (c) through (g) of Code Section 15-6-76.1. The Georgia Indigent Defense Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1"
SECTION 2.
This Act shall become effective on July 1, 2000.

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SECTION 3.

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

Approved May 1, 2000.

INSURANCE - DOMESTIC STOCK AND MUTUAL INSURERS; FRATERNAL BENEFIT SOCIETY; CERTAIN RELATED DUTIES TRANSFERRED FROM SECRETARY OF STATE TO COMMISSIONER OF
INSURANCE.
Code Title 33, Chapters 14 and 15 Amended.
No. 819 (House Bill No. 1168).
AN ACT
To amend Chapters 14 and 15 of Title 33 of the Official Code of Georgia Annotated, relating respectively to domestic stock and mutual insurers and to fraternal benefit societies, so as to assign certain duties formerly assigned to the Secretary of State to the Commissioner of Insurance; to provide for filing with the Commissioner of Insurance applications for charters, amendments to charters, and applications for voluntary dissolution and surrender of charters; to provide that certificates of incorporation and charter amendments shall be issued under the seal of the state; to relieve the Secretary of State of the duty of keeping a book for the purposes of charter applications, amendments to charters, and certificates dissolving insurers; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 14 of Title 33 of the Official Code of Georgia Annotated, relating to domestic stock and mutual insurers, is amended by striking in its entirety Code Section 33-14-5, relating to charter applications, and inserting in its place the following:
"33-14-5.
(a) The application for charter with any and all exhibits that may be included with the application shall be filed in triplicate in the office of the Commissioner of Insurance and a fee of $100.00 shall be paid to the Commissioner to be paid by him or her into the state treasury. The Commissioner shall not receive the application until the fee shall be paid.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) Immediately upon receipt of the triplicate copies of the application, with any and all exhibits included with the application, the Commissioner shall certify one of the copies of the application and deliver the same to the applicants and the same shall be published by the applicants once a week for four weeks in the newspaper in which is published the legal advertisements of the county where the principal office of the company is to be located. When the application with any and all exhibits attached to it shall have been published once a week for four weeks, the applicants may apply to the judge of the probate court of the county to certify the fact of such publication, which certificate shall be filed by the applicants in the office of the Commissioner of Insurance.

(c) The Commissioner shall approve or disapprove the application within 45 days of the date the application is received by the Commissioner.

(d) The Commissioner shall examine the application to determine whether the charter, if granted, will enable the insurer to comply with the applicable insurance laws of this state; and, if the Commissioner finds that the charter, if granted, will enable the insurer to comply with the applicable provisions of law for carrying on the business for which incorporation is sought, the Commissioner shall issue under his or her hand and official seal a certificate approving the granting of the charter for such insurer and shall transmit a copy of the certificate of approval to the Secretary of State.

(e) If the Commissioner finds that the proposed application for a charter does not comply with the law, or that the corporation, if organized, could not meet the requirements for a certificate of authority as set forth in this chapter or any other provision of this title, the Commissioner shall refuse to approve the application for charter and shall notify the incorporators in writing, as to his or her reasons for such failure to approve; and the Commissioner shall issue under his or her hand and official seal a certificate disapproving the granting of the charter for such insurer."

SECTION 2.

Said chapter is further amended in Code Section 33-14-6, relating to granting corporate powers and privileges, by striking in their entirety subsections (b) and (c) and inserting the following:

"(b) When the certificate of the judge of the probate court as to the fact of publication of the application for charter and the certificate of the Commissioner as to his or her approval of the application for charter shall have been received in the office of the Secretary of State, the Secretary of State shall issue to the corporation under the seal of the state a certificate of incorporation. The corporation shall not transact business as an insurer until it has applied for and received from the Commissioner a certificate of authority as provided by this title.

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(c) The Secretary of State shall record the application for charter, the certificate of approval of the Commissioner, the certificate of the judge of the probate court as to publication, and the certificate of incorporation."
SECTION 3.

Said chapter is further amended in Code Section 33-14-8, relating to procedures for amending or renewing charters, by striking in their entirety subsections (b) and (c) and inserting in lieu thereof the following:

"(b) Upon authorization of such an amendment, the insurer shall file in the office of the Commissioner of Insurance an application asking that its charter be so amended and a fee of $50.00 shall be paid to the Commissioner to be transmitted by him or her into the state treasury; and the Commissioner shall not receive said application until said fee shall be paid. The application with any and all exhibits that may be included shall be filed in triplicate, signed with the corporate nam.e and under the corporate seal, and shall state:

(1) The name and character of the corporation, the city or town, and county in this state in which is located its principal place of business;

(2) The date of its original charter and any and all amendments to the charter, and the date or dates of renewal of the charter; and

(3) (A) That it desires an amendment to its charter and the purpose of said amendment;

(B) There shall be annexed to the application a certificate in triplicate under the corporate seal of the insurer and executed by the insurer's president or vice-president and attested to by the secretary or assistant secretary under the seal of the corporation, setting forth that amendment has been authorized in writing by the holders of a majority of the voting power of the outstanding 'capital stock, by members if a mutual insurer, or by affirmative vote of such a majority voting at a lawful meeting of stockholders or members of which the notice given to stockholders or members included prior notice of not less than ten days of the proposal to amend.

(c) Immediately upon receipt of the triplicate copies of the application, with any and all exhibits included with the application, the Commissioner shall certify one of the copies of the application and deliver the same to the applicants and the same shall be published by the applicants once a week for four weeks in the newspaper in which is published the legal advertisements of the county where the principal office of said company is to be located. When the application, with any and all exhibits attached to it, shall have been published once a week for four weeks, the applicants may apply

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to the judge of the probate court of the county to certifY the fact of such publication, which certificate shall be filed by the applicants in the office of the Commissioner. The Commissioner shall approve or disapprove the application within 45 days of the date the application is received by him or her."
SECTION 4.
Said chapter is further amended in Code Section 33-14-24, relating to voluntary dissolution, by striking in their entirety subsections (d) and (e) and inserting in lieu thereof the following:
"(d) The effective date of the dissolution shall be the date of the issuance of the order by the Secretary of State dissolving the insurer under Code Section 33-14-25.
(e) No dissolution shall be effected, however, until after the insurer has reinsured in another authorized insurer or has otherwise terminated all its insurance then in force; nor, in the case of a domestic mutual insurer, until after the proposed plan of dissolution together with the proposed plan for distribution of assets among the insurer's members has been filed with and approved by the Commissioner after having been found by him or her to be fair and equitable to the members of the domestic mutual insurer."
SECTION 5.
Said chapter is further amended by striking in its entirety Code Section 33-1425, relating to surrender of charters, and inserting in lieu thereof the following:
"33-14-25.

(a) Any insurance corporation chartered by the Secretary of State may surrender its charter upon the company filing in the office of the Commissioner of Insurance an application in triplicate, signed with its corporate name and under its corporate seal, stating:
( l) The name of the company and the location of its principal place of business in this state;
(2) The date of its charter and all amendments thereto and the date or dates of renewal or renewals of its charter;
(3) That it desires to surrender its charter and franchise to the state;
(4) A certificate attested to by two officers of the company that the procedure required by Code Section 33-14-24 has been carried out; and
(5) Any other information deemed necessary by the Commissioner of Insurance.

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(b) Upon receipt thereof, the Commissioner shall take such action to investigate the proposed surrender to determine if the rights of policyholders, creditors, stockholders or members, and third party claimants under liability policies of the insurer have been paid or properly provided for in a fair and equitable manner. The Commissioner shall after making his or her determination issue under his or her hand and official seal a certificate approving or disapproving the application for surrender of the charter and shall transmit a copy of such certificate of approval to the Secretary of State. If the Commissioner does not approve the application, the Commissioner shall notify the insurer in writing of his or her reasons for not approving the application for surrender of the charter.

(c) The fee and publication requirements set out in subsections (a) through (c) of Code Section 33-14-5 shall be applicable to a surrender of charter under this Code section.

(d) Upon receipt of the certificate of the judge of the probate court as to the publication of the application and the certificate of approval of the surrender from the Commissioner, the Secretary of State shall issue under the seal of the state a certificate dissolving the insurer; and the Secretary of State shall record the application, the certificate of the judge of the probate court, the certificate of approval of the Commissioner, and the certificate dissolving the insurer."
SECTION 6.

Chapter 15 of Title 33 of the Official Code of Georgia Annotated, relating to fraternal benefit societies, is amended in Code Section 33-15-41, relating to amendment of laws of such societies, by striking subsection (a) in its entirety and inserting in lieu thereof the following:

"(a) A domestic society may amend its laws in accordance with the provisions thereof by action of its supreme governing body at any regular or special meeting thereof or, if its laws so provide, by referendum. Such referendum may be held in accordance with the provisions of its laws by the vote of the voting members of the society, by the vote of delegates or representatives of voting members, or by the vote of local lodges. A society may provide for voting by mail. No amendment submitted for adoption by referendum shall be adopted unless, within six months from the date of submission thereof, a majority of the members voting shall have signified their consent to such amendment by one of the methods specified in this Code section. Charter amendments shall be filed in triplicate with the Commissioner, published, and approved only under the procedure established in Code Section 33-14-8."

1312

GENERAL ACTS AND RESOLUTIONS, VOL. I SECTION 7.

All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

T

COURTS - SUPERIOR COURTS; TOWALIGA CIRCUIT; TERMS.
Code Section 15-6-3 Amended.
No. 820 (House Bill No. 1171).
AN ACT
To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Butts County, the Superior Court of Lamar County, and the Superior Court of Monroe County; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, is amended by striking paragraph (40.1) of said Code section and inserting in its place the following:
"(40.1)TOWALIGA CIRCUIT:
(A) Butts County - Second Monday in January, April, July, and October.
(B) Lamar County - Second Monday in March, June, September, and December.
(C) Monroe County- Second Monday in February, May, August, and November."
SECTION 2.
This Act shall become effective on January 1, 2001.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Approved May 1, 2000.

GEORGIA lAWS 2000 SESSION

1313

MOTOR VEHICLES - TRAFFIC lAW ENFORCEMENT OFFICER UNIFORMS; TRAFFIC lAW ENFORCEMENT VEHICLE BLUE LIGHT
DISPlAY; DRIVING ON LEFT OF ROADWAY; SPEED LIMITS IN CONSTRUCTION SITES; TRAFFIC CITATION SIGNATURE REQUIREMENTS.

Code Title 40 Amended.

No. 821 (House Bill No. 1180).

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that uniformed law enforcement officers of an agency who are assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state shall wear the same type uniform as other members of the assigned division of such officers' respective agencies; to provide that law enforcement officers assigned to special operations activities may wear other identifiable uniforms or other clothing appropriate to an operation upon approval of the sheriff, chief of police, or other agency head; to provide that whenever pursuing a person in violation of a traffic related offense, a uniformed law enforcement officer who is assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state must place a visible blue light on the roof of his or her vehicle if such vehicle is not equipped with permanent roof mount blue lights; to provide an exception; to provide that an otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with certain provisions; to provide for regulations governing driver's license disqualifications for certain disorders and disabilities; to change certain provisions relating to further limitations on driving on left of center of roadway; to change certain provisions relating to speed limits in construction sites; to provide for traffic citation signature requirements; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding at the end of Chapter 1, relating to general provisions, two new Code sections to read as follows:
"40-1-6.

Uniformed law enforcement officers of an agency who are assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state shall wear the same type uniform as other members of the assigned division of such officers' respective agencies. Of-

1314

GENERAL ACTS AND RESOLUTIONS, VOL. I

ficers assigned to special operations activities may wear other identifiable uniforms or other clothing appropriate to an operation upon approval of the sheriff, chief of police, or other agency head. An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section.

40-1-7.

Whenever pursuing a person in violation of a traffic related offense, a uniformed law enforcement officer who is assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state must place a visible blue light on the roof of his or her vehicle if such vehicle is not equipped with permanent roof mount blue lights; provided, however, that the provisions of this Code section shall not apply to law enforcement officers operating vehicles manufactured prior to 2001. This Code section shall not apply to any officer assigned to special operations activities or responding to an immediate threat to public safety as a result of an accident or other emergency. An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section."

SECTION 2.

Said title is further amended in Code Section 40-5-35, relating to reports by physicians and vision specialists and procedures when persons are found unqualified to be licensed to operate motor vehicles, by striking subsection (a) and inserting in lieu thereof the following:

"(a) The Driver License Advisory Board appointed by the department shall define disorders characterized by lapses of consciousness or other mental or physical disabilities affecting the ability of a person to drive safely for the purpose of the reports required by this Code section, and the Board of Public Safety may use these definitions to promulgate regulations making such disorders and disabilities disqualifications, under certain conditions, for obtaining or keeping a driver's license for any class or classes of vehicles; provided, however, that a person shall not be disqualified from obtaining a noncommercial Class C driver's license for having had an episode of lapsed or altered consciousness due to epilepsy unless such an episode occurred within the immediately preceding six-month period."
SECTION 3.

Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 40-6-45, relating to further limitations on driving on left of center of roadway, and inserting in lieu thereof the following:

"(2) When traversing any:

GEORGIA lAWS 2000 SESSION

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(A) Intersection which is clearly marked by a solid barrier line placed on the right-hand element of a combination stripe along the center or lane line or by a solid double yellow line; or

(B) Railroad grade crossing; or". SECTION 4.

Said title is further amended by striking Code Section 40-6-188, relating to speed limits in construction sites, and inserting in lieu thereof the following:
"40-6-188.
(a) As used in this Code section, the term:
(1) 'Highway work zone' means a segment of any highway, road, or street where the Department of Transportation, a county, a municipality, or any contractor for any of the foregoing is engaged in constructing, reconstructing, or maintaining the physical structure of the roadway or its shoulders or features adjacent to the roadway, including without limitation underground or overhead utilities or highway appurtenances, or any other type of work related thereto.
(2) 'Work zone personnel' means employees of the Department of Transportation, a county, a municipality, or any contractor for any of the foregoing.
(b) (1) The Department of Transportation, any county, or any municipality may designate any segment of a highway, road, or street under its jurisdiction as a highway work zone.
(2) Whenever a highway work zone is designated pursuant to paragraph (1) of this subsection, there shall be erected or posted signage of adequate size at the beginning point of such highway work zone designating the zone and warning the traveling public that increased penalties for speeding violations are in effect for the highway work zone, and there shall be erected or posted at the end of such highway work zone adequate signage indicating the end of such zone and that increased penalties for speeding violations are no longer in effect.
(c) (1) The Department of Transportation or the governing authority of any county or municipal corporation is authorized to establish a temporary reduction in the maximum speed limit through any highway work zone located on or adjacent to any street or highway under its respective jurisdiction. The commissioner of transportation or the local governing authority shall not be required to conduct any engineering and traffic investigation in order to establish a reduced speed limit in a highway work zone pursuant to this paragraph.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) Whenever reduced speed zones are established pursuant to paragraph ( 1) of this subsection, there shall be erected or posted signage of adequate size at the beginning point of such speed zone designating the zone and the speed limit to be observed therein, and there shall be erected or posted at the end of such speed zone adequate signage indicating the end of such speed zone, which signage shall also indicate such different speed limit as may then be observed. Signs indicating such reduced speed limit shall be spaced not further than one mile apart throughout the highway work zone. Where the speed limit established pursuant to paragraph (1) of this subsection is at least ten miles per hour less than the established speed limit on the street or highway, there shall be erected at least 600 feet in advance of the beginning of the speed zone a sign of adequate size which shall bear the legend 'Reduced Speed Ahead.' Whenever any signage is required by this paragraph, the same shall be in addition to the signage requirements of paragraph (2) of subsection (b) of this Code section.
(d) (1) Any signage required by this Code section shall conform to applicable provisions of the Manual on Uniform Traffic Control Devices; provided, however, that nothing in this Code section shall prohibit the use of movable or portable speed limit signs in highway work zones.
(2) Any existing regulatory signage conflicting with signage erected or posted pursuant to this Code section shall be removed, covered, folded, or turned so as not to be readable by oncoming motorists.
(e) A person convicted of exceeding the speed limit, reduced or otherwise, in any highway work zone designated pursuant to this Code section and identified at the time of the violation by such signage at the beginning of the highway work zone as required herein and, if such speed limit was reduced as provided by this Code section, by such signage at the beginning and in advance of such reduced speed zone to the extent required herein shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $100.00 nor more than $2,000.00 or by imprisonment for a term not to exceed 12 months, or both. The provisions of this subsection shall apply without regard to whether work zone personnel were present in the highway work zone when the violation occurred.
(f) Whenever the Department of Transportation finds it necessary to designate a highway work zone within a county or municipality, the Department of Transportation shall be required to notify the county or municipality of the work activity; provided, however, that the failure of the Department of Transportation to give such notice shall not be a defense to any charge of violating the speed limit in any highway work zone."

GEORGIA lAWS 2000 SESSION

1317

SECTION 5.

Said title is further amended by adding a new Code Section 40-13-2.1 to read as follows:
"40-13-2.1.

(a) A person who is issued a citation as provided in this chapter or Code Section 17-6-11, relating to display of driver's license in lieu of bail, shall sign the citation to acknowledge receipt of the citation and of his or her obligation to appear for trial. The officer shall advise the person that signing the citation is not an admission of guilt and that failure to sign will result in the person having to post a cash bond. If the person refuses to sign the citation, it shall constitute reasonable cause to believe that the person will not appear at trial and the officer may bring the person before a judicial officer or traffic violations bureau to post a bond as is otherwise provided by law.

(b) The provisions of subsection (a) of Code Section 17-6-11 shall not apply to a person in possession of a driver's license issued by a state or foreign country that has not entered into a reciprocal agreement regarding the operation of motor vehicles with this state as provided in Chapter 5 of Title 40, which provides for the suspension of a driver's license by the other state or foreign country of a person who fails to appear for trial of a traffic offense committed in this state."

SECTION 6.

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

Approved May 1, 2000.

CRIMES AND OFFENSES - CONTROLLED SUBSTANCES; DANGEROUS DRUGS.
Code Title 16, Chapter 13 Amended.
No. 822 (House Bill No. 1181).
AN ACT
To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listings of controlled substances and dangerous drugs; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1.
Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by striking paragraphs (4) and (5) of Code Section 16-13-26, relating to Schedule II controlled substances, and inserting in their place the following:
"(4) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any of the following substances included as having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(A) Amobarbital;
(AS) Glutethimide;
(B) Secobarbital;

(C) Pentobarbital."
SECTION 2.
Said chapter is further amended by striking paragraph (7) of Code Section 1613-27, relating to Schedule III controlled substances, and inserting in its place the following:
"(7) Ketamine;

(8) Dronabinol (synthetic) in sesame oil and encapsulated in a U.S. Food and Drug Administration approved drug product also known as Marinol."
SECTION 3.
Said chapter is further amended by adding following paragraph (32) of subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances, the following:
"(32.5) Zaleplon;".

SECTION 4. Said chapter is further amended by striking from subsection (b) of Code Section 16-13-71, listing the dangerous drugs, the following paragraphs:
"(48.1) Amrinone lactate;" "(611.5) Metformin;" "(931.95) Terbinafine;".

GEORGIA lAWS 2000 SESSION

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SECTION 5.

Said chapter is further amended by adding in the appropriate positions in subsection (b) of Code Section 16-13-71, listing the dangerous drugs, the following paragraphs:
"( 19.8) Alitretinoin;"

"(36.5) Aminolevulinic acid;"

"(48.2) Amprenavir;"

"(48.6) Amrinone;"

"(129.5) Calfactant;"

"(151.4) Cefdinir;"

"(153.95) Celecoxib;"

"(237.2) Dalfopristin;"

"(316.2) Dofetilide;"

"(319.5) Doxercalciferol;"

"(332.8) Entacapone;"

"(334.3) Epirubicin;"

"(380.5) Exemestane;"

"(411.7) Ganirelix;"

"(509.18) Ketotifen;"

"(514.5) Levalbuterol;"

"(516.05) Levetiracetam;"

"(516.3) Levobupivacine;"

"(625.5) Moxifloxacin;"

"(641.15) Nicotine transdermal system- See exceptions;"

"(663.75) Orlistat;"

"(665.5) Oseltamivir;"

"(692.55) Pemirolast;"

"(732.8) Pioglitazone;"

"(822.3) Quinupristin;"

,I

1320

GENERAL ACTS AND RESOLUTIONS, VOL. I

"(822.5) Rabeprazo1e;"

"(831.5) Rapacuronium;"

I

"(844.7) Rofecoxib;"

"(845.7) Rosiglitazone;"

"(849.5) Sacrosidase;"

"(857.3) Simethicone coated cellulose suspension;"

"(858.5) Sirolimus;"

"(931.35) Tazobacam;"

"(931.75) Temozolomide;"

"(931.95) Terbinafine - See exceptions;"

"(1042.03) Zanamivir;".

SECTION 6.

Said chapter is further amended by adding in the appropriate places in subsection (c) of Code Section 16-13-71, listing the dangerous drugs, the following:

"(15.55) Nicotine transdermal system - when used in a strength of 21 mg. or less per transdermal patch (transdermal delivery system);"

"(25.5) Terbinafine - when used with a strength of 1 percent or less in a topical antifungal cream;".

SECTION 7.

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

SECTION 8.

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

Approved May 1, 2000.

GEORGIA LAWS 2000 SESSION

1321

LABOR AND INDUSTRIAL RELATIONS - WORKERS' COMPENSATION; SETTLEMENTS; MEDICAL PAYMENTS; ELECTRONIC TRANSFERS; BENEFITS AMOUNTS.

Code Title 34, Chapter 9 Amended.

No. 823 (House Bill No. 1184).

AN ACT

To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change a provision relating to the presumed dependency of the husband or wife of a deceased employee; to authorize the Board of Workers' Compensation to approve a no-liability stipulated settlement between parties; to authorize agreements for lump sum settlements prorated over the life expectancy of the injured employee; to decrease from 60 days to 30 days the length of time in which a payor may make payment of medical charges; to allow income benefits to be paid by electronic funds transfer; to increase the maximum amount of temporary total disability benefits from $350.00 to $375.00 per week and to increase the minimum amount of temporary total disability benefits from $35.00 per week to $37.50 per week; to increase the maximum temporary partial disability benefits from $233.33 to $250.00 per week; to increase the maximum death benefit to $125,000.00; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking in its entirety subsection (b) of Code Section 34-9-13, relating to persons presumed dependent, and inserting in lieu thereof the following:

"(b) The following persons shall be conclusively presumed to be the next of kin wholly dependent for support upon the deceased employee:

(1) A wife or husband, except that if the wife and husband were living separately for a period of 90 days immediately prior to the accident which resulted in the death of the deceased employee the presumption of total dependence shall be rebuttable; and

(2) A child of the employee if:

(A) The child is under 18 or enrolled full time in high school;

(B) The child is over 18 and is physically or mentally incapable of earning a livelihood; or

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(C) The child is under the age of 22 and is a full-time student or the equivalent in good standing enrolled in a postsecondary institution of higher learning."
SECTION 2.

Said chapter is further amended by striking in its entirety Code Section 34-915, relating to the procedure for settlement between parties generally, and inserting in lieu thereof the following:
"34-9-15.

(a) Nothing contained in this chapter shall be construed so as to prevent settlements made by and between the employee and employer but rather to encourage them, so long as the amount of compensation and the time and manner of payment are in accordance with this chapter. A workers' compensation insurer shall not be authorized to settle a claim on behalf of its insured employer without giving prior notice to such employer of the terms of the settlement agreement. A copy of any such settlement agreement shall be filed by the employer with the board, and no such settlement shall be binding until approved by the board. Whenever it shall appear to the board, by stipulation of the parties or otherwise, that there is a bona fide dispute as to facts, the determination of which will materially affect the right of the employee or dependent to recover compensation or the amount of compensation to be recovered, or that there is a genuine dispute as to the applicability of this chapter, and it further appears that the parties have agreed upon a settlement between themselves, which settlement gives due regard and weight to the conflicting evidence available relating to the disputed facts or to the questions as to the applicability of this chapter, then, upon such determination, the board shall approve the settlement and enter an award conforming to the terms thereof even though such settlement may provide for the payment of compensation in a sum or sums less than would be payable if there were no conflict as to the employee's right to recover compensation. When such settlement has been agreed upon and approved by the board, it shall constitute a complete and final disposition of all claims on account of the incident, injury, or injuries referred to therein, and the board shall not be authorized to enter upon any award subsequent to such board approval amending, modifying, or changing in any manner the settlement, nor shall the settlement be subject to review by the board under Code Section 34-9-104.

(b) The board shall be authorized to approve a stipulated settlement between the parties which concludes that there is no liability under this chapter and to retain jurisdiction to enforce any agreement which resolves, in whole or in part, a claim filed with the board. If payments required under such an agreement are not made within 20 days, the board may assess a penalty of 20 percent in the same manner as provided in Code Section 34-9-221.

GEORGIA lAWS 2000 SESSION

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When such settlement has been agreed upon and approved by the board, it shall constitute a complete and final disposition of all claims on account of the incident, injury, or injuries referred to therein, and the board shall not be authorized to enter upon any award subsequent to such board approval amending, modifying, or changing in any manner the settlement, nor shall the settlement be subject to review by the board under Code Section 34-9104.
(c) The parties by agreement and with the approval of the board may enter into a compromise lump sum settlement resolving all issues which prorates the lump sum settlement over the life expectancy of the injured worker. When such an agreement has been approved, neither the weekly compensation rate paid throughout the case nor the maximum statutory weekly rate applicable to the injury shall apply. No compensation rate shall exceed the maximum statutory weekly rate as of the date of injury. Instead, the prorated rate set forth in the approved settlement documents shall control and become the rate for that case. This subsection shall be retroactive in effect."
SECTION 3.

Said chapter is further amended by striking in its entirety subsection (f) of Code Section 34-9-201, relating to the selection of a physician from a panel of physicians, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) If the employer fails to provide any of the procedures for selection of physicians as set forth in subsection (c) of this Code section, an employee may select any physician to render service at the expense of the employer."
SECTION 4.
Said chapter is further amended by striking in its entirety subsection (c) of Code Section 34-9-203, relating to an employer's pecuniary liability for medical charges, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The board may, in its discretion, assess a penalty of up to 20 percent of reasonable medical charges not paid within 30 days from the date that the employer or the employer's workers' compensation insurance carrier receives the charges and reports required by the board where there has been compliance with the requirements of law and board rules. Said penalty shall be payable to the medical provider."
SECTION 5.
Said chapter is further amended by striking subsections (a) and (b) of Code Section 34-9-221, relating to the procedures for payment of income benefits, and inserting in lieu thereof the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"(a) Income benefits shall be paid periodically, promptly, and directly to the person entitled thereto, without an award, except where liability is controverted by the employer. Where the claimant's address of record is in Georgia, payment shall be made by electronic funds transfer upon agreement of the parties, in cash, or by negotiable instrument drawn on a Georgia depository, except where an application for exception is made to the State Board of Workers' Compensation and the applicant demonstrates that reasonable methods of payment exist that will assure the timely receipt of payment of compensation benefits to the claimant. All applicants must meet the permitting requirements of subsection (b) of Code Section 34-9-131 or of Code Section 34-9-127.
(b) The first payment of income benefits shall become due on the twentyfirst day after the employer has knowledge of the injury or death, on which day all income benefits then due shall be paid. Thereafter, income benefits shall be due and payable in weekly installments; provided, however, that the board may, in its discretion, authorize payments to be made in different installments if it determines that this would be beneficial to all parties concerned. Such weekly payments shall be considered to be paid when due when mailed from within the State of Georgia to the address specified by the employee or to the address of record according to the board. Such weekly payments shall be considered to be paid when due when mailed from outside the State of Georgia no later than three days prior to the due date to the address specified by the employee or the address of record according to the board. Such weekly payments shall be considered to be paid when due at the time they are made by electronic funds transfer to an account specified by the employee."
SECTION 6.
Said chapter is further amended by striking in their entirety Code Section 349-261, relating to compensation for total disability, and Code Section 34-9-262, relating to compensation for temporary partial disability, and inserting in lieu thereof the following:
"34-9-261.
While the disability to work resulting from an injury is temporarily total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $375.00 per week nor less than $37.50 per week, except that when the weekly wage is below $37.50 the employer shall pay a weekly benefit equal to the average weekly wage. The weekly benefit under this Code section shall be payable for a maximum period of 400 weeks from the date of injury; provided, however, in the event of a catastrophic injury as defined in subsection (g) of Code Section 34-9-200.1, the weekly benefit under this Code section

r

GEORGIA LAWS 2000 SESSION

1325

shall be paid until such time as the employee undergoes a change in condition for the better as provided in paragraph (1) of subsection (a) of Code Section 34-9-104.

34-9-262.

Except as otherwise provided in Code Section 34-9-263, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter, but not more than $250.00 per week for a period not exceeding 350 weeks from the date of injury."

SECTION 7.

Said chapter is further amended by striking in its entirety subsection (d) of Code Section 34-9-265, relating to compensation for death resulting from injury and other causes, and inserting in lieu thereof the following:

"(d) The total compensation payable under this Code section to a surviving spouse as a sole dependent at the time of death and where there is no other dependent for one year or less after the death of the employee shall in no case exceed $125,000.00."
SECTION 8.

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

Approved May 1, 2000.

REVENUE AND TAXATION - EXCISE TAXES ON ROOMS, LODGINGS, AND ACCOMMODATIONS; PURPOSES; PROCEDURES; PUNISHMENTS;
PENALTIES.
Code Title 48, Chapter 13, Article 3 Amended.
No. 824 (House Bill No. 1186).
AN ACT
To amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rooms, lodgings, and accommodations, so as to define certain terms; to change certain provisions regarding exemptions with respect to certain government officials or employees; to provide for procedures relative to such excise taxes; to provide punishments and penalties for certain violations relative to such excise taxes; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.

Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rooms, lodgings, and accommodations, is amended by adding a new Code Section 48-13-50.2 to read as follows:
"48-13-50.2.
As used in this article, the term:

(1) 'Innkeeper' means any person who is subject to taxation under this article for furnishing for value to the public any rooms, lodgings, or accommodations.
(2) 'Promoting tourism, conventions, and trade shows' means planning, conducting, or participating in programs of information and publicity designed to attract or advertise tourism, conventions, or trade shows."
SECTION IA.
Said article is further amended by striking subparagraph (a) (1) (C) of Code Section 48-13-51, relating to county and municipal levies on public accommodations charges, and inserting in lieu thereof the following:

"(C) (i) 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 apply 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.

(ii) 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. Notwithstanding the availability of any other means of identifYing the person as a state or local government official or employee, whenever a person pays for any rooms, lodgings, or accommodations with a state or local government credit or debit card, such rooms, lodgings, or accommodations shall be deemed to have been furnished for use

GEORGIA lAWS 2000 SESSION

1327

by a Georgia state or local government official or employee traveling on official business for purposes of the exemption provided by this division."

SECTION 2.

Said article is further amended by striking Code Section 48-13-53, relating to procedures relative to excise taxes on rooms, lodgings, and accommodations, and inserting in lieu thereof the following:

"48-13-53.

Except as otherwise specifically provided in this article, the rate of taxation, the manner of imposition, payment, and collection of the tax, and all other procedures related to the tax shall be as provided by each county and municipality electing to exercise the powers conferred by this article."

SECTION 3.

Said article is further amended by adding new Code Sections 48-13-53.1 through 48-13-53.6 to read as follows:

"48-13-53.1.

If any innkeeper liable for any tax, interest, or penalty imposed by this article sells his or her business or quits the business, he or she shall make a final return and payment within 15 days after the date of selling or quitting the business. The innkeeper's successor or assigns, if any, shall withhold a sufficient amount of the purchase money to cover the amount of the taxes, interest, and penalties due under this article and unpaid until the former owner produces either a receipt from the governing authority imposing the tax showing that the taxes, interest, and penalties due under this article have been paid or a certificate from the governing authority imposing the tax stating that no tax, interest, or penalty is due under this article. If the purchaser of a business fails to withhold the purchase money as required by this Code section, he or she shall be personally liable for the payment of any taxes, interest, and penalties accruing under this article and unpaid by any former owner or assignor. The personal liability of the purchaser in such a case shall not exceed the amount of the total purchase money, but the property being transferred shall in all cases be subject to the full amount of the tax lien arising from the delinquencies of the former owner. Paid executions may be transferred and enforced as otherwise provided by law.

48-13-53.2.

(a) Each innkeeper, on or before the twentieth day of each month, shall transmit returns and remit taxes due to any applicable governing authority imposing a tax under this article showing the gross charges taxable under

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this article during the preceding calendar month. The governing authority imposing the tax may provide by resolution or ordinance for quarterly or annual returns. The returns required by this subsection shall be made upon forms prescribed, prepared, and furnished by the governing authority imposing the tax.
(b) As used in this subsection, the term 'estimated tax liability' means an innkeeper's tax liability under this article, adjusted to account for any subsequent change in the rate of tax imposed under this article or any substantial change in circumstances due to damage to the premises, based on his or her average monthly payments for the last fiscal year. If the estimated tax liability of an innkeeper for any taxable period exceeds $2,500.00, the innkeeper shall file a return and remit to the governing authority imposing the tax not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any innkeeper unless during the previous fiscal year the innkeeper's monthly payments exceeded $2,500.00 per month for three consecutive months or more.
48-13-53.3.
(a) (1) The governing authority imposing a tax under this article may, for good cause, extend the time for making any returns required under this article for not more than 30 days.
(2) No extension granted pursuant to paragraph (1) of this subsection shall be valid unless granted in writing upon written application, and then the extension shall only be valid for a period, as appropriate, of not more than 12 consecutive months or four consecutive calendar quarters.
(3) Upon the grant of any extension authorized by this subsection, the innkeeper shall remit to the governing authority imposing a tax under this article on or before the date the tax would otherwise become due without the grant of the extension an amount which equals not less than 100 percent of the innkeeper's payment for the corresponding period of the preceding tax year.
(4) No interest or penalty shall be charged by reason of the granting of an extension pursuant to this subsection during the first ten days of each extension period. Thereafter, interest shall be collected upon the unpaid balance of the innkeeper's liability at the rate specified in Code Section 48-2-40.
(b) In the event any innkeeper fails to make a return and pay the tax as provided by this article or makes a grossly incorrect return or a return that is false or fraudulent, the governing authority imposing a tax under this arti-

GEORGIA LAWS 2000 SESSION

1329

de shall make an estimate for the taxable period of taxable charges of the innkeeper. Based upon its estimate, the governing authority shall assess and collect the taxes, interest, and penalties, as accrued, on the basis of the assessments.

48-13-53.4.

(a) Each innkeeper required to make a return and pay any tax under this article shall keep and preserve:

(1) Suitable records of the charges taxable under this article; and

(2) Other books of account which are necessary to determine the amount of tax due.

(b) All books, invoices, and other records required by this Code section to be kept shall be open to examination at all reasonable hours by the governing authority imposing a tax under this article.

(c) Any examination by a governing authority imposing a tax under this article of the records of an innkeeper for purposes of this Code section shall be based primarily upon the most recent sales tax audit report on the innkeeper as may be furnished by the commissioner pursuant to Code Section 48-2-16. Information secured by the local governing authority incident to any such examination shall be confidential and privileged to the same extent as provided by Code Section 48-2-15 for tax information secured by the commissioner.

48-13-53.5.

Any assessment of an innkeeper pursuant to this article by the governing authority imposing a tax under this article shall be deemed prima facie correct.

48-13-53.6.

The tax imposed by this article shall become delinquent for each month after the twentieth day of each succeeding month during which it remains unpaid."

SECTION 4.

Said article is further amended by adding new Code Sections 48-13-57 through 48-13-63 to read as follows:

"48-13-57.

The provisions of Code Section 48-2-41, relating to authority to waive interest on unpaid taxes; Code Section 48-2-43, relating to authority to waive penalties; and Code Section 48-2-49, relating to periods of limitation for assess-

~

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ment of taxes imposed by this title, shall apply to taxes imposed by any local governing authority pursuant to this article, provided that the local governing authority shall stand in lieu of the commissioner, and the county or municipality shall stand in lieu of the state for purposes of this Code section.

48-13-58.

(a) When any innkeeper fails to make any return or to pay the full amount of the tax required by this article, there shall be imposed, in addition to other penalties provided by law, a penalty to be added to the tax in the amount of 5 percent or $5.00, whichever is greater, if the failure is for not more than 30 days and an additional 5 percent or $5.00, whichever is greater, for each additional 30 days or fraction of 30 days during which the failure continues. The penalty for any single violation shall not exceed 25 percent or $25.00 in the aggregate, whichever is greater. If the failure is due to providential cause shown to the satisfaction of the governing authority imposing a tax under this article in affidavit form attached to the return and remittance is made within ten days of due date, the return may be accepted exclusive of penalties and interest. In the case of a false or fraudulent return or of a failure to file a return where willful intent exists to defraud the governing authority of any tax due under this article, a penalty of 50 percent of the tax due shall be assessed.

(b) All civil penalties and interest added to any tax imposed under this article and collected by a county or municipality shall be included as revenue derived from such tax for purposes of the expenditure requirements imposed on such county or municipality as provided by this article.

48-13-59.

(a) It shall be unlawful for any innkeeper to fail, neglect, or refuse to collect the tax provided in this article, either by himself or herself or through his or her agents or employees.

(b) In addition to the penalty of being liable for and paying the tax himself or herself, any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $100.00 or imprisonment in the county jail for not more than three months, or both.

48-13-60.

(a) It shall be unlawful for any innkeeper required by this article to make, render, sign, or verity any return to make a false or fraudulent return with intent to evade the tax levied by this article.

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(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100.00 nor more than $300.00 or confinement in the county jail for not less than 30 days nor more than three months, or both fine and confinement.

48-13-61.

(a) It shall be unlawful for any innkeeper subject to this article to fail or refuse to furnish any return required to be made by this article or to fail or refuse to furnish a supplemental return or other data required by the governing authority imposing a tax under this article.

(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.

48-13-62.

(a) It shall be unlawful for any innkeeper subject to this article to fail to keep records or to fail to open the records to inspection as required by law.

(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.

48-13-63.

(a) It shall be unlawful for any innkeeper to violate any other provision of this article for which punishment is not otherwise provided.

(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor."

SECTION 4A.

This section, Section 1A, and Section 5 of this Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. The remaining sections of this Act shall become effective July 1, 2000.
\
SECTION 5.

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

Approved May 1, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

STATE GOVERNMENT - ART DISPLAYED IN CAPITOL AND CAPITOL EDUCATION CENTER; GEORGIA ART POLICY COMMITTEE.

Code Section 8-5-3 Amended. Code Section 50-16-5.2 Enacted.

No. 825 (House Bill No. 1197).

AN ACT

To amend Chapter 5 of Title 8 of the Official Code of Georgia Annotated, relating to art in state buildings, so as to change a definition; to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to create the Georgia Art Policy Committee; to provide for subcommittees; to provide for the appointment of members and for staggered terms; to provide for meetings and expenses; to provide for powers and duties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

Chapter 5 of Title 8 of the Official Code of Georgia Annotated, relating to art in state buildings, is amended by striking Code Section 8-5-3, relating to definitions, and inserting in lieu thereof a new Code section to read as follows:
"8-5-3.

As used in this chapter, the term:

(1) 'Acquisition' means acquisition by purchase, lease, or commission.

(2) 'Council' means the Georgia Council for the Arts.
(3) 'State buildings' means state office buildings, hospitals, prisons, buildings of state authorities, and such other state buildings which the Georgia Council for the Arts deems appropriate for the inclusion of art as provided in this chapter but shall not mean either the state capitol or the capitol education center.

(4) 'Work of art' means any work of visual art, including, but not limited to, a drawing, painting, mural, fresco, sculpture, mosaic, or photograph; a work of calligraphy; a work of graphic art, including an etching, lithograph, offset print, silk screen, or a work of graphic art of like nature; crafts, including crafts in clay, textile, fiber, wood, metal, plastic, glass, or like materials; or mixed media, including a collage, assemblage, or any combination of the foregoing art media. The term 'work of art' does not include environmental landscaping placed about a state building."

GEORGIA lAWS 2000 SESSION

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SECTION 2.

Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, is amended by adding following Code Section 5016-5.1, relating to the Commission on the Preservation of the State Capitol, a new Code section to read as follows:

"50-16-5.2.

(a) The Georgia Art Policy Committee is created to develop the guidelines for providing Georgia citizens with a quality presentation of the state's impressive collection of art in the public areas of the state_capitol and the capitol education center. By focusing on the acquisition, maintenance, preservation, display, and deaccessioning of works of art, the committee will develop a state capitol art collection that is of historical significance to the State of Georgia and of high artistic quality.

(b) The committee will be made up of two subcommittees as follows:

(1) A collections management subcommittee shall be established to manage the state's capitol art collection. This subcommittee shall consider recommendations of the collections review subcommittee before acquiring, displaying, loaning, or deaccessioning works of art. This subcommittee shall consist of nine members with the Secretary of State or his or her designee as a member and one member appointed by each of the following: the Governor; the director of the Georgia Capitol Museum; the director of the Georgia Building Authority; and the director of the Georgia Council for the Arts. Additionally, two members shall be appointed by the House of Representatives, and two members shall be appointed by the Senate. The Secretary of State or his or her designee shall serve as the chairperson of the subcommittee; and

(2) A collections review subcommittee shall be established to assist the collection management subcommittee in making decisions concerning acquisitions, deaccessions, and loans of works of art. This subcommittee shall consist of not fewer than five nor more than seven individuals who are residents of the State of Georgia, who are recognized experts in the visual and decorative arts, including practicing artists and curators, experts from the academic and museum community, and historians of the state, and who shall be appointed by the Secretary of State. The Secretary of State shall also appoint the chairperson of the subcommittee.

(c) The terms of the initial members of the committee shall be as follows: three members of the collections management subcommittee shall be appointed for one-year terms, three members for two-year terms, and three members for three-year terms, and two members of the collections review committee shall be appointed for one-year terms, two members for two-year

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GENERAL ACTS AND RESOLUTIONS, VOL. I

terms, and one member for a three-year term. If more than five members are initially appointed to the collections review subcommittee, the additional members shall be appointed for three-year terms. Each member of the committee shall thereafter serve a three-year renewable term.

(d) The subcommittees shall meet as necessary but at least once a year.

(e) Notwithstanding any other provisions of law to the contrary, each member of the committee may receive the same expense allowance as that received by members of the General Assembly and the same mileage allowance for the use of a personal car as that received by all other state officials and employees. Any member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a member. Expense vouchers submitted by members are subject to approval of the chairpersons of the subcommittees.

(f) The Georgia Art Policy Committee shall have the following powers and duties:
(1) No works of art shall be acquired or displayed in the public ~reas of the state capitol or capitol education center without the approval of the Georgia Art Policy Committee's collection management subcommittee. This approval shall not be required for temporary exhibits of less than three months in duration;

(2) The Secretary of State acting with the committee shall promulgate a collections policy regarding the acquisition, maintenance, preservation, display, and deaccessioning of works of art in the state capitol and the capitol education center; and

(3) The committee shall adopt, alter, or repeal its bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed."
SECTION 3.

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

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

GEORGIA LAWS 2000 SESSION

1335

WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES- INTESTATE DECEDENTS; VESTING OF TITLE TO PROPERTY AND RIGHT OF POSSESSION IN SUCH CASES.

Code Section 53-2-7 Amended.

No. 826 (House Bill No. 1204).

AN ACT

To amend Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to descent and distribution under the Revised Probate Code of 1998, so as to provide for the vesting in the heirs subject to divestment of certain interests in real property owned by an intestate decedent; to provide for vesting of such interests in an administrator for the benefit of the heirs and creditors of the decedent; to require the assent of the administrator for revesting in the heirs; to provide for recovery of possession from the heirs by the administrator in certain circumstances; to provide that an order for sale or distribution after notice is conclusive evidence; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to descent and distribution under the Revised Probate Code of 1998, is amended by striking in its entirety Code Section 53-2-7, relating to vesting of title to property and right to possession, and inserting in its place the following:

"53-2-7.

(a) Upon the death of an intestate decedent who is the owner of any interest in real property, the title to any such interest which survives the intestate decedent shall vest immediately in the decedent's heirs at law, subject to divestment by the appointment of an administrator of the estate.

(b) The title to all other property owned by an intestate decedent shall vest in the administrator of the estate for the benefit of the decedent's heirs and creditors.
(c) Upon the appointment of an administrator, the title to any interest in real property which survives the intestate decedent shall vest in the administrator for the benefit of the heirs and creditors of the decedent, and title to such property shall not revest in the heirs until the administrator assents to such revesting. For purposes of this Code section, the assent of the administrator shall be proved in the manner set out in Code Section 53-8-15.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(d) Upon the appointment of an administrator, the right to the possession of the whole estate is in the administrator, and, as long as administration continues, the right to recover possession of the estate from all other persons is solely in the administrator. The administrator may recover possession of any part of the estate from the heirs at law or purchasers from them; but, in order to recover real property, it is necessary for the administrator to show, upon the trial, either that the property which is the subject of the action has been in the administrator's possession and without the administrator's consent is held by the defendant at the time of bringing the action or that it is necessary for the administrator to have possession for the purpose of paying the debts, making a proper distribution, or for other purposes provided for by law. An order for sale or distribution, granted by the judge of the probate court after notice to the defendant, shall be conclusive evidence of either fact.

(e) If an order has been entered under Code Section 53-2-41 that no administration is necessary, or if the administrator has assented to the vesting of title in the heirs, the heirs may take possession of the property or may sue for possession of the property in their own right."

SECTION 2.

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

SECTION 3.

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

Approved May 1, 2000.

LOCAL GOVERNMENT- DEVELOPMENT AUTHORITIES; DISSOLUTION BY PARENT GOVERNMENTS.
Code Section 36-62-5 Amended. Code Section 36-62-14 Enacted.
No. 827 (House Bill No. 1205).
AN ACT
To amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, the "Development Authorities Law," so as to provide that development authorities may be dissolved by action of the parent governments so long as the authority to be dissolved does not have any outstanding unpaid bonds or bond anticipation notes; to provide for devolution of assets and debts and rights and obligations to the parent governments; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2000 SESSION

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 62 of Title 36 of the Official Code of Georgia Annotated, the "Development Authorities Law," is amended by striking subsection (d) of Code Section 36-62-5, relating to directors and governance of authorities, and inserting in its place a new subsection (d) to read as follows:

"(d) The authority may make bylaws and regulations for its governance and may delegate to one or more of its officers, agents, and employees such powers and duties as may be deemed necessary and proper."

SECTION 2.

Said Chapter 62 of Title 36 is further amended by adding at its end a new Code Section 36-62-14 to read as follows:

"36-62-14.

(a) Except as otherwise provided in this Code section, an authority created pursuant to this chapter shall have perpetual existence.

(b) If an authority does not have any outstanding unpaid bonds or bond anticipation notes, the authority may be dissolved as provided in this subsection. If the authority was activated for a single county or municipal corporation as provided in Code Section 36-62-4, the authority may be dissolved by adoption of an appropriate resolution by the governing authority of such county or municipal corporation. If the authority was activated for two or more local governments as provided in Code Section 36-62-5.1, the authority may be dissolved by the adoption of appropriate concurrent resolutions by the governing authorities of all such local governments.

(c) If an authority previously activated for a single county or municipal corporation is so dissolved, all assets and debts and rights and obligations of the former authority shall devolve to the parent county or municipal corporation. If an authority previously activated for two or more local governments is so dissolved, all assets and debts and rights and obligations of the former authority shall devolve to the parent local governments in such proportions and manner as shall be specified in the concurrent resolutions dissolving the authority.

(d) Where an authority is dissolved as provided in this Code section, it shall cease to exist as of the effective date specified in the appropriate resolution or resolutions. The dissolution of an authority, however, shall not prevent the subsequent activation of a new authority under this chapter for the same local government or local governments, in the same manner as otherwise specified in this chapter."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 1, 2000.

REVENUE AND TAXATION - AD VALOREM TAXES; BONA FIDE CONSERVATION USE PROPERTY
Code Section 48-5-7.4 Amended.
No. 829 (House Bill No. 1217).
AN ACT
To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property and residential transitional property, so as to change the provisions relating to qualification of property as bona fide conservation use property; to change the provisions relative to the ownership of such property and the gross income derived by a family owned farm entity; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property and residential transitional property, is amended by striking subparagraph (a) ( 1) (C) and inserting in its place the following:
"(C) Such property must be owned by:
(i) One or more natural or naturalized citizens;
(ii) An estate of which the devisees or heirs are one or more natural or naturalized citizens;
(iii) A trust of which the beneficiaries are one or more natural or naturalized citizens;
(iv) A family owned farm entity, such as a family corporation, a family partnership, a family general partnership, a family limited partnership, a family limited corporation, or a family limited liability company, all of the interest of which is owned by one or more natural or

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GEORGIA LAWS 2000 SESSION

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naturalized citizens related to each other by blood or marriage within the fourth degree of civil reckoning, except that, solely with respect to a family limited partnership, a corporation, limited partnership, limited corporation, or limited liability company may serve as a general partner of the family limited partnership and hold no more than a 5 percent interest in such family limited partnership, an estate of which the devisees or heirs are one or more natural or naturalized citizens, or a trust of which the beneficiaries are one or more natural or naturalized citizens and which family owned farm entity derived 80 percent or more of its gross income from bona fide conservation uses, including earnings on investments directly related to past or future bona fide conservation uses, within this state within the year immediately preceding the year in which eligibility is sought; provided, however, that in the case of a newly formed family farm entity, an estimate of the income of such entity may be used to determine its eligibility;

(v) A bona fide nonprofit conservation organization designated under Section 501 (c) (3) of the Internal Revenue Code; or

(vi) A bona fide club organized for pleasure, recreation, and other nonprofitable purposes pursuant to Section 501 (c) (7) of the Internal Revenue Code;".

SECTION 2.

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

SECTION 3.

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

Approved May 1, 2000.

REVENUE AND TAXATION - INCOME TAX; CORPORATE TAX CREDITS; ASSIGNMENT.
Code Section 48-742 Amended.
No. 830 (House Bill No. 1215).
AN ACT
to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding the assignment of certain corporate

1

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GENERAL ACTS AND RESOLUTIONS, VOL. I

income tax credits; to provide for assignment between additional types of affiliated entities; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, is amended by striking Code Section 48-742, relating to assignment of corporate income tax credits, and inserting in its place a new Code Section 48-742 to read as follows:

"48-742.
(a) As used in this Code section, the term 'affiliated entity' means:
(1) A corporation that is a member of the taxpayer's 'affiliated group within the meaning of Section 1504(a) of the Internal Revenue Code; or

(2) An entity affiliated with a corporation, business, partnership, or limited liability corporation taxpayer, which entity:

(A) Owns or leases the land on which a project is constructed;
(B) Provides capital for construction of the project; and
(C) Is the grantor or owner under a management agreement with a managing company of the project.

(b) In lieu of claiming any Georgia income tax credit for which a taxpayer otherwise is eligible for the taxable year (such eligibility being determined for this purpose without regard to any limitation imposed by reason of the taxpayer's precredit income tax liability), the taxpayer may elect to assign such credit in its entirety to another affiliated entity for such taxable year by attaching a statement to the taxpayer's return for the taxable year; provided, however, that no carryover attributable to the unused portion of any previously claimed or assigned credit may be assigned or reassigned, except as provided in subsection (d) of this Code section. In the case of any credit that must be claimed in installments in more than one taxable year, the election under this subsection may be made on an annual basis with respect to each such installment, provided that the taxpayer shall notify the commissioner with respect to the assignment of each such installment by filing a separate copy of the election statement for such installment no later than the time of filing of the taxpayer's state income tax return for such taxable year. Once made, an election under this subsection shall be irrevocable.

GEORGIA LAWS 2000 SESSION

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(c) The recipient of a tax credit assigned under subsection (b) of this Code section shall attach a statement to its return identifying the assignor of the tax credit, in addition to providing any other information required to be provided by a claimant of the assigned tax credit.

(d) If the assignor and the recipient of a tax credit assigned under subsection (b) of this Code section cease to be affiliated entities, any carryover attributable to the unused portion of such credit shall be transferred back to the assignor of the credit. Such assignor shall be permitted to use any such carryover itself, and also shall be permitted to assign such carryover to another affiliated entity, as if such carryover were an income tax credit for which the assignor became eligible in the taxable year in which the carryover was transferred back to the assignor.
(e) The assignor and recipient of a tax credit assigned under subsection (b) of this Code section shall be jointly and severally liable for any tax (plus interest and penalties, if any) attributable to the disallowance or recapture of the assigned credit."
SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2000.
SECTION 3.

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

Approved May 1, 2000.

CONSERVATION AND NATURAL RESOURCES- PUBLIC WATER SYSTEMS; CHARGES TO RESIDENTIAL UNIT TENANTS.
Code Section 12-5-180.1 Enacted.
No. 831 (House Bill No. 1221).
AN ACT
To amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, so as to authorize the owner or operator of a building containing residential units to charge tenants separately for water and waste-water service based upon usage; to provide that such an owner or operator shall not be considered the owner or operator of a public water system or a public utility; to limit the amount that such an owner

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GENERAL ACTS AND RESOLUTIONS, VOL. I

or operator may charge tenants for water and waste-water service and provide for disclosure of the terms of such charges; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.

Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, is amended by adding a new Code section immediately following Code Section 12-5-180, to be designated as Code Section 12-5-180.1, to read as follows:

"12-5-180.1.

(a) The owner or operator of a building containing residential units may install equipment or use an economic allocation methodology to determine the quantity of water that is provided to the tenants and used in the common areas of such a building; and the owner of such a building may charge tenants separately for water and waste-water service based on usage as determined through the use of such equipment or allocation methodology. The activities described in this Code section shall not cause any owner or operator engaging in such activities to be considered the owner or operator of a public water system or a public utility, not withstanding any provision of law to the contrary.

(b) The owner or operator of a building containing residential units may charge tenants separately for water and waste-water service, provided that the total amount of the charges to the tenants of such a building shall not exceed the total charges paid by the owner or operator for water and wastewater service for such building plus a reasonable fee for establishing, servicing, and billing for water and waste-water service and provided, further, that the terms of the charges are disclosed to the tenants prior to any contractual agreement."

SECTION 2.

This Act shall become effective on July 1, 2000, and shall apply with respect to agreements entered into on or after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

GEORGIA LAWS 2000 SESSION

1343

CRIMES AND OFFENSES - CIGARETTE SALES TO MINORS; ENFORCEMENT OF RELATED PROVISIONS.

Code Section 16-12-175 Amended. Code Section 16-12-176 Enacted.

No. 832 (House Bill No. 1229).

AN ACT

To amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to provide for enforcement of such provisions by special agents or enforcement officers of the state revenue commissioner; to provide for powers, duties, and authority of the state revenue commissioner and such special agents or enforcement officers in connection therewith; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, is amended by striking Code Section 16-12-175, relating to enforcement actions, and inserting in its place new Code Sections 1612-175 and 16-12-176, to read as follows:

"16-12-175.

(a) The provisions of this article, inclusive, shall be enforced through actions brought in any court of competent jurisdiction by the prosecuting attorney for the county in which the alleged violation occurred as well as through administrative citations issued by special agents or enforcement officers of the state revenue commissioner. Any fine collected for a violation of said provision shall be paid to the clerk of the court of the jurisdiction in which the violation occurred. Upon receipt of a fine for any violation of said provision, the clerk shall promptly notify the state revenue commissioner of the violation.

(b) The state revenue comm1ss1oner, acting through special agents or enforcement officers, shall annually conduct random, unannounced inspections at locations where tobacco products are sold or distributed to ensure compliance with this article. Persons under the age of 18 years may be enlisted to test compliance with this article; provided, however, that such persons may be used to test compliance with this article only if the testing is conducted under the direct supervision of such special agents or enforcement officers, and written parental consent has been provided. Any other

i

1344

GENERAL ACTS AND RESOLUTIONS, VOL. I

use of persons under the age of 18 years to test compliance with this article or any other prohibition of like or similar import shall be unlawful and the person or persons responsible for such use shall be subject to the penalties prescribed in this article. The state revenue commissioner shall prepare annually for submission by the Governor to the secretary of the United States Department of Health and Human Services the report required by section 1926 of subpart I of part B of Title XIX of the federal Public Health Service Act, 42 U.S.C. 300x-26.

16-12-176.

The state revenue commissioner shall administer and enforce this article and may make reasonable rules and regulations for its administration and enforcement. The state revenue commissioner may designate employees of the Department of Revenue for the purpose of administering and enforcing this article and may delegate to employees of such department any of the duties required of the state revenue commissioner pursuant to this article."
SECTION 2.

All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

PUBLIC OFFICERS AND EMPLOYEES - MEMBERS OF STATE BOARD OF TECHNICAL AND ADULT EDUCATION; EXPENSES.
Code Section 45-7-21 Amended.
No. 833 (House Bill No. 1230).
AN ACT
To amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to the expense allowance and travel cost reimbursement for members of certain boards and commissions, so as to provide for the inclusion of the State Board of Technical and Adult Education; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to the expense allowance and travel cost reimbursement for members of certain boards and commissions, is amended by striking in its entirety subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows:

GEORGIA LAWS 2000 SESSION

1345

"(a) Each member of the boards and commissions enumerated in this Code section shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of a board or commission is in attendance at a meeting of such board or commission, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance. The expense allowance and reimbursement provided for in this Code section shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. The existing law relative to any limitation on the number of meeting days and remuneration for service on committees or subcommittees of any such board or commission shall remain in effect. The boards and commissions to which this Code section shall be applicable are as follows:

(1) State Board of Education;

(2) State Medical Education Board;

(3) Board of Regents of the University System of Georgia;

(4) Board of Corrections;

(5) Board of Industry, Trade, and Tourism;

(6) Board of Natural Resources;

(7) State Transportation Board;

(8) Dental Education Board;

(9) Georgia Student Finance Commission;

(10) Veterans Service Board;

(11) Georgia Agricultural Exposition Authority;

(12) Georgia Board for Physician Workforce;

(13) Georgia Music Hall of Fame Authority;

(14) Georgia Sports Hall of Fame Authority;

(15) Georgia Rail Passenger Authority;

(16) Georgia Tobacco Community Development Board;

(16.1) State Board of Technical and Adult Education; and

(17) The delegation from the State of Georgia to the Southern Dairy Compact Commission."

1346

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

CRIMES AND OFFENSES - AGGRAVATED SODOMY
Code Section 16-6-2 Amended.
No. 834 (House Bill No. 1240).
AN ACT
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes, so as to provide that sodomy with a person who is less than ten years of age shall constitute the offense of aggravated sodomy; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 16 of the Official Code of Georgia Annotated, relating to crimes, is amended in Code Section 16-6-2, relating to sodomy and aggravated sodomy, by striking said Code section in its entirety and inserting in lieu thereof the following:
"16-6-2.
(a) A person commits the offense of sodomy when he or she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another. A person commits the offense of aggravated sodomy when he or she commits sodomy with force and against the will of the other person or when he or she commits sodomy with a person who is less than ten years of age. The fact that the person allegedly sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated sodomy.
(b) A person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years. A person convicted of the offense of aggravated sodomy shall be punished by imprisonment for life or by imprisonment for not less than ten nor more than 30 years. Any person convicted under this Code section of the offense of aggravated sodomy shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.

GEORGIA lAWS 2000 SESSION

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(c) When evidence relating to an allegation of aggravated sodomy is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be financially responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence."

SECTION 2.

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

Approved May 1, 2000.

REVENUE AND TAXATION - LOCAL SALES AND USE TAXES; EXEMPTION FOR CERTAIN BUILDING AND CONSTRUCTION
MATERIALS; REFUNDS.
Code Section 50-17-29 Amended.
No. 835 (House Bill No. 1246).
AN ACT
To amend Code Section 50-17-29 of the Official Code of Georgia Annotated, relating to pledges, authorizations, and exemptions regarding certain state debt, so as to provide for nonapplicability to certain contracts of certain provisions providing for nonapplicability of certain exemptions from local taxes; to provide for certain refunds; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 50-17-29 of the Official Code of Georgia Annotated, relating to pledges, authorizations, and exemptions regarding certain state debt, is amended by adding a new paragraph at the end of subsection (e), to be designated paragraph (3), to read as follows:
"(3) (A) As used in this paragraph, the term:
(i) 'Building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract.

~'.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(ii) 'Local sales and use tax' means any local sales tax, local use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of Chapter 8 of Title 48; or by or pursuant to Article 3 of Chapter 8 of Title 48.

(B) No local sales and use tax which became applicable subsequent to the time of entering into a contract as described in this subparagraph shall be collected by a county or municipality upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was entered into on December 19, 1994, and a prior claim for a refund of such sales and use taxes was filed with the department on or before January 22, 1998.

(C) (i) Notwithstanding any other provision of this title or any other title to the contrary, the provisions of this subparagraph shall provide the exclusive remedy and procedure for seeking and obtaining any and all refunds for local sales and use taxes paid on the sale or use of building and construction materials. No refund shall be allowed for any such taxes or payments unless expressly authorized by this subparagraph.

(ii) The commissioner shall issue refunds for local sales and use taxes paid or due with respect to a contract specified under subparagraph (B) of this paragraph when it is shown to the satisfaction of the commissioner that local sales and use taxes were paid pursuant to paragraph (2) of this subsection.

(D) No person shall receive a refund for local sales and use taxes paid in any case where an amount equal to the amount of taxes paid has been charged to or paid by any purchaser of the person seeking a refund. When a claimant is issued a refund for taxes paid, in every case where an amount equal to the amount of taxes paid has been charged to or paid by any purchaser of the claimant, the claimant shall refund to the purchaser or customer an amount equal to the refund allowed by the commissioner.

(E) No refund for taxes paid shall be allowed unless a refund claim is filed with the commissioner pursuant to subparagraph (F) of this paragraph. If, in the opinion of the commissioner, a refund claim of taxes paid pursuant to this subsection contains a false statement, the claim shall be denied. In no event shall interest be allowed on any refund under this paragraph.

GEORGIA lAWS 2000 SESSION

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(F) Each refund claim shall be filed in writing with the commissioner in the form and containing such information as the commissioner may require. The commissioner shall consider information contained in the refund claim, together with such other information as may be available, and shall approve or disapprove the refund claim and notifY the claimant of such action. Any claimant whose claim is denied by the commissioner or whose claim is not decided by the commissioner within one year from the date of filing the claim shall have the right to bring an action for a refund in the superior court of such county. No action or proceeding for the recovery of a refund shall be commenced before the expiration of one year from the date of filing the refund claim unless the commissioner renders a decision on the refund claim within that time, nor shall any action or proceeding be commenced after the occurrence of the earlier of (i) the expiration of one year from the date the claim is denied, or (ii) the expiration of two years from the date the refund claim was filed. The time for filing an action for the recovery of a refund may be extended for such period as may be agreed upon in writing between the claimant and the commissioner during the period authorized for bringing an action or any extension thereof. In the event any refund claim is approved and the taxpayer has not paid other state taxes which have become due, as determined by the commissioner, the commissioner may set off the unpaid taxes against the refund. When the setoff authorized in this Code section is exercised, the refund shall be deemed granted and the amount of the setoff shall be considered for all purposes as a payment toward the particular tax debt which is being set off. Any excess refund properly allowable under this paragraph which remains after the setoff has been applied may be refunded to the taxpayer."

SECTION 2.

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

SECTION 3.

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

Approved May 1, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

HANDICAPPED PERSONS- GUIDE OR SERVICE DOG USE.

Code Title 30, Chapter 4 Amended.

No. 836 (House Bill No. 1256).

AN ACT

To amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to change provisions relating to the ability of visually or physically disabled persons and deaf persons to use guide or service dogs; to expand places where guide or service dogs and guide or service dogs in training are permitted; to enhance penalties for denial of access; to reorganize the chapter for consistency and coherence; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended by striking Chapter 4, relating to the rights of persons with visual and physical disabilities and deaf persons, and inserting in lieu thereof a new chapter to read as follows:

"CHAPTER 4

304-1.

As used in this chapter, the term:

(1) 'Housing accommodations' means any real property or portion thereof which is used or occupied, or intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more human beings but shall not include any single-family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein.

(2) 'Physically disabled person' means any person, regardless of age, who is subject to a physiological defect or deficiency regardless of its cause, nature, or extent that renders the person unable to move about without the aid of crutches, a wheelchair, or any other form of support, or that limits the person's functional ability to ambulate, climb, descend, sit, rise, or to perform any related function.

30-4-2.

(a) Blind persons, persons with visual disabilities, persons with physical disabilities, and deaf persons are entitled to full and equal accommodations, advantages, facilities, and privileges on all common carriers, airplanes, motor

GEORGIA LAWS 2000 SESSION

1351

vehicles, railroad trains, motor buses, streetcars, boats, or any other public conveyances or modes of transportation and at hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.
(b) (1) Every totally or partially blind person shall have the right to be accompanied by a guide dog, and every physically disabled person and every deaf person shall have the right to be accompanied by a service dog, especially trained for the purpose, in any of the places listed in subsection (a) of this Code section without being required to pay an extra charge for the guide or service dog; provided, however, that he or she shall be liable for any damage done to the premises or facilities by such dog. In addition, if such totally or partially blind person, physically disabled person, or deaf person is a student at a private or public school in this state, such person shall have the right to be accompanied by a guide dog or service dog subject to liability for damage as provided in the preceding sentence. The guide dog or service dog must be identified as having been trained by a school for seeing eye, hearing, service, or guide dogs.
(2) Every person engaged in the training of a guide dog or service dog for the purpose of accompanying a person as provided in paragraph (1) of this subsection shall have the same right to be accompanied by such dog being trained as the totally or partially blind person, deaf person, or physically disabled person has under paragraph (1) of this subsection, so long as such trainer is identified as an agent or employee of a school for seeing eye, hearing, service, or guide dogs.

(c) Every totally or partially blind person operating a vending stand shall have the right to be accompanied by a trained guide dog on the entire premises of his or her vending operation.

304-3.

(a) Blind persons, visually disabled persons, physically disabled persons, and deaf persons shall be entitled to rent, lease, or purchase, as other members of the general public, all housing accommodations offered for rent, lease, or other compensation in this state, subject to the conditions and limitations established by law and applicable alike to all persons.

(b) Every totally or partially blind person, every physically disabled person, and every deaf person who has a guide dog or service dog or who obtains a guide dog or service dog and every person engaged in the training of a guide dog or service dog shall be entitled to full and equal access to all housing accommodations provided for in this Code section, and he or she

1352

GENERAL ACTS AND RESOLUTIONS, VOL. I

shall not be required to pay extra compensation for such guide dog or service dog. However, he or she shall be liable for any damage done to the premises by such guide dog or service dog.

(c) Nothing in this Code section shall require any person renting, leasing, or otherwise providing real property for compensation to modify his or her property in any way or provide a higher degree of care for a blind, visually disabled, physically disabled, or deaf person than for a person who is not so disabled.

30-4-4.

Any person, firm, corporation, or the agent of any person, firm, or corporation who denies or interferes with admittance to or enjoyment of the facilities enumerated in this chapter or otherwise interferes with the rights of a totally or partially blind person, physically disabled person, or deaf person or person engaged in the training of a guide dog or service dog shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $2,000.00, or by imprisonment for not more than 30 days, or by both such fine and imprisonment."

SECTION 2.

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

Approved May 1, 2000.

COMMERCE AND TRADE - DISHONORED INSTRUMENTS; FEES.
Code Sections 10-1-7 and 16-9-20 Amended.
No. 837 (House Bill No. 1257).
AN ACT
To amend Chapter 9 of Title 16 uf the Official Code of Georgia Annotated, relating to crimes involving forgery and fraudulent practices, so as to clarify when the holder of a dishonored instrument may charge to the maker of such instrument any fees that a bank or financial institution charges such holder for handling such dishonored instrument; to change definitions relating to deposit account fraud; to amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to certain retail installment contract check dishonor fees, so as to change the fee amount; 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

1353

SECTION 1.

Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving forgery and fraudulent practices, is amended by striking Code Section 16-9-20, relating to deposit account fraud, and inserting in lieu thereof a new Code section to read as follows:

"16-9-20.

(a) A person commits the offense of deposit account fraud when such person makes, draws, utters, executes, or delivers an instrument for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee. For the purposes of this Code section, it is prima-facie evidence that the accused knew that the instrument would not be honored if:

(1) The accused had no account with the drawee at the time the instrument was made, drawn, uttered, or delivered;

(2) Payment was refused by the drawee for lack of funds upon presentation within 30 days after delivery and the accused or someone for him or her shall not have tendered the holder thereof the amount due thereon, together with a service charge, within ten days after receiving written notice that payment was refused upon such instrument. For purposes of this paragraph:

(A) Notice mailed by certified or registered mail evidenced by return receipt to the person at the address printed on the instrument or given at the time of issuance shall be deemed sufficient and equivalent to notice having been received as of the date on the return receipt by the person making, drawing, uttering, executing, or delivering the instrument. A single notice as provided in subparagraph (B) of this paragraph shall be sufficient to cover all instruments on which payment was refused and which were delivered within a ten-day period by the accused to a single entity, provided that the form of notice lists and identifies each instrument; and

(B) The form of notice shall be substantially as follows:

'You are hereby notified that the following instrument(s)

1354

GENERAL ACTS AND RESOLUTIONS, VOL. I

Number

Date

Amount

Name of Bank

~

drawn upon

and payable to

, (has) (have)

been dishonored. Pursuant to Georgia law, you have ten days from

receipt of this notice to tender payment of the total amount of the in-

strument(s) plus the applicable service charge(s) of $

and

any fee charged to the holder of the instrument(s) by a bank or fi-

nancial institution as a result of the instrument(s) not being honored,

the total amount due being

dollars and ___ cents.

Unless this amount is paid in full within the specified time above, a

presumption in law arises that you delivered the instrument(s) with

the intent to defraud and the dishonored instrument(s) and all other

available information relating to this incident may be submitted to

the magistrate for the issuance of a criminal warrant or citation or to

the district attorney or solicitor-general for criminal prosecution.'; or

(3) Notice mailed by certified or registered mail is returned undelivered to the sender when such notice was mailed within 90 days of dishonor to the person at the address printed on the instrument or given by the accused at the time of issuance of the instrument.

(b) (1) Except as provided in paragraphs (2) and (3) of this subsection and subsection (c) of this Code section, a person convicted of the offense of deposit account fraud shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows:

(A) When the instrument is for less than $100.00, a fine of not more than $500.00 or imprisonment not to exceed 12 months, or both;

(B) When the instrument is for $100.00 or more but less than $300.00, a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both; or

(C) When more than one instrument is involved and such instruments were drawn within 90 days of one another and each is in an amount less than $100.00, the amounts of such separate instruments may be added together to arrive at and be punishable under subparagraph (B) of this paragraph.

GEORGIA lAWS 2000 SESSION

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(2) Except as provided in paragraph (3) of this subsection and subsection (c) of this Code section, a person convicted of the offense of deposit account fraud, when the instrument is for an amount of not less than $300.00 nor more than $499.99, shall be guilty of a misdemeanor of a high and aggravated nature. When more than one instrument is involved and such instruments were given to the same entity within a 15 day period and the cumulative total of such instruments is not less than $300.00 nor more than $499.99, the person drawing and giving such instruments shall upon conviction be guilty of a misdemeanor of a high and aggravated nature.

(3) Except as provided in subsection (c) of this Code section, a person convicted of the offense of deposit account fraud, when the instrument is for $500.00 or more, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $5,000.00 or by imprisonment for not more than three years, or both.

(4) Upon conviction of a first or any subsequent offense under this subsection or subsection (c) of this Code section, in addition to any other punishment provided by this Code section, the defendant shall be required to make restitution of the amount of the instrument, together with all costs of bringing a complaint under this Code section. The court may require the defendant to pay as interest a monthly payment equal to 1 percent of the amount of the instrument. Such amount shall be paid each month in addition to any payments on the principal until the entire balance, including the principal and any unpaid interest payments, is paid in full. Such amount shall be paid without regard to any reduction in the principal balance owed. Costs shall be determined by the court from competent evidence of costs provided by the party causing the criminal warrant or citation to issue; provided, however, that the minimum costs shall not be less than $25.00. Restitution may be made while the defendant is serving a probated or suspended sentence.

(c) A person who commits the offense of deposit account fraud by the making, drawing, uttering, executing, or delivering of an instrument on a bank of another state shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine in an amount of up to $1,000.00, or both.

(d) The prosecuting authority of the court with jurisdiction over a violation of subsection (c) of this Code section may seek extradition for criminal prosecution of any person not within this state who flees the state to avoid prosecution under this Code section.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(e) In any prosecution or action under this Code section, an instrument for which the information required in this subsection is available at the time of issuance shall constitute prima-facie evidence of the identity of the party issuing or executing the instrument and that the person was a party authorized to draw upon the named account. To establish this prima-facie evidence, the following information regarding the identity of the party presenting the instrument shall be obtained by the party receiving such instrument: the full name, residence address, and home phone number.

(1) Such information may be provided by either of two methods:

(A) The information may be recorded upon the instrument itself; or

(B) The number of a check-cashing identification card issued by the receiving party may be recorded on the instrument. The check-cashing identification card shall be issued only after the information required in this subsection has been placed on file by the receiving party.

(2) In addition to the information required in this subsection, the party receiving an instrument shall witness the signature or endorsement of the party presenting such instrument and as evidence of such the receiving party shall initial the instrument.

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

(1) 'Bank' shall include a financial institution as defined in this Code section.

(2) 'Conviction' shall include the entering of a guilty plea, the entering of a plea of nolo contendere, or the forfeiting of bail.

(3) 'Financial institution' shall have the same meaning as defined in paragraph (21) of Code Section 7-1-4 and shall also include a national bank, a state or federal savings bank, a state or federal credit union, and a state or federal savings and loan association.

(4) 'Instrument' means a check, draft, debit card sales draft, or order for the payment of money.
(5) 'Present consideration' shall include without limitation:

(A) An obligation or debt of rent which is past due or presently due;

(B) An obligation or debt of state taxes which is past due or presently due;

(C) An obligation or debt which is past due or presently due for child support when made for the support of such minor child and which is given pursuant to an order of court or written agreement signed by the person making the payment;

GEORGIA LAWS 2000 SESSION

1357

(D) A simultaneous agreement for the extension of additional credit where additional credit is being denied; and

(E) A written waiver of mechanic's or materialmen's lien rights.

(6) 'State taxes' shall include payments made to the Georgia Department of Labor as required by Chapter 8 of Title 34.

(7) 'Holder in due course' shall have the same meaning as in Code Section 11-3-302.

(g) This Code section shall in no way affect the authority of a sentencing judge to provide for a sentence to be served on weekends or during the nonworking hours of the defendant as provided in Code Section 17-10-3.

(h) (1) Any party holding a worthless instrument and giving notice in substantially similar form to that provided in subparagraph (a) (2) (B) of this Code section shall be immune from civil liability for the giving of such notice and for proceeding as required under the forms of such notice; provided, however, that, if any person shall be arrested or prosecuted for violation of this Code section and payment of any instrument shall have been refused because the maker or drawer had no account with the bank or other depository on which such instrument was drawn, the one causing the arrest or prosecution shall be deemed to have acted with reasonable or probable cause even though he, she, or it has not mailed the written notice or waited for the ten-day period to elapse. In any civil action for damages which may be brought by the person who made, drew, uttered, executed, or delivered such instrument, no evidence of statements or representations as to the status of the instrument involved or of any collateral agreement with reference to the instrument shall be admissible unless such statements, representations, or collateral agreement shall be written simultaneously with or upon the instrument at the time it is delivered by the maker thereof.

(2) Except as otherwise provided by law, any party who holds a worthless instrument, who complies with the requirements of subsection (a) of this Code section, and who causes a criminal warrant or citation to be issued shall not forfeit his or her right to continue or pursue civil remedies authorized by law for the collection of the worthless instrument; provided, however, that if interest is awarded and collected on any amount ordered by the court as restitution in the criminal case, interest shall not be collectable in any civil action on the same amount. It shall be deemed conclusive evidence that any action is brought upon probable cause and without malice where such party holding a worthless instrument has complied with the provisions of subsection (a) of this Code section regardless of whether the criminal charges are dismissed by a court due to payment in

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GENERAL ACTS AND RESOLUTIONS, VOL. I

full of the face value of the instrument and applicable service charges subsequent to the date that affidavit for the warrant or citation is made. In any civil action for damages which may be brought by the person who made, drew, uttered, executed, or delivered such instrument, no evidence of statements or representations as to the status of the instrument involved or of any collateral agreement with reference to the instrument shall be admissible unless such statements, representations, or collateral agreement shall be written simultaneously with or upon the instrument at the time it is delivered by the maker thereof.
(i) Notwithstanding paragraph (2) of subsection (a) of this Code section or any other law on usury, charges, or fees on loans or credit extensions, any lender of money or extender of other credit who receives an instrument drawn on a bank or other depository institution given by any person in full or partial repayment of a loan, installment payment, or other extension of credit may, if such instrument is not paid or is dishonored by such institution, charge and collect from the borrower or person to whom the credit was extended a bad instrument charge. This charge shall not be deemed interest or a finance or other charge made as an incident to or as a condition to the granting of the loan or other extension of credit and shall not be included in determining the limit on charges which may be made in connection with the loan or extension of credit or any other law of this state.
U) For purposes of this Code section, no service charge or bad instrument charge shall exceed $25.00 or 5 percent of the face amount of the instrument, whichever is greater, except that the holder of the instrument may also charge the maker an additional fee in an amount equal to that charged to the holder by the bank or financial institution as a result of the instrument not being honored.
(k) An action under this Code section may be prosecuted by the party initially receiving a worthless instrument or by any subsequent holder in due course of any such worthless instrument."
SECTION 2.
Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to certain retail installment contract check dishonor fees, is amended by striking subsection (b) thereof and inserting in its place the following:
"(b) A retail installment contract or a revolving account may provide that if the buyer submits to the retail seller as payment for an unpaid balance, or portion thereof, in that account or pursuant to that contract, a check, draft, or order for the payment of money on any bank or other depository, which check, draft, or order is not honored by the drawee, then a fee not to exceed $25.00 or 5 percent of the face amount of the check, draft, or order, whichever is greater, may be charged to the buyer and will be added to the

GEORGIA LAWS 2000 SESSION

1359

unpaid balance on the buyer's account if ten days have elapsed since the retail seller has mailed to the buyer at his or her last known address written notice of the failure to honor the check, draft, or order without the check, draft, or order having been made good. If a fee is charged under this subsection, then no delinquency charge shall be made as to the first installment which is in default but would not have been in default if the check, draft, or order had not been dishonored. A fee authorized by this Code section shall not be deemed to be time price differential, interest, or any other type of finance charge and shall not be included in determining whether any limitations on time price differential, interest, or other finance charges have been exceeded."

SECTION 3.

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

SECTION 4.

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

Approved May 1, 2000.

COURTS - VICTIM ASSISTANCE PROGRAMS; FINANCIAL REPORTS.
Code Section 15-21-132 Amended.
No. 838 (House Bill No. 1264).
AN ACT
To amend Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding local victim assistance programs, so as to require reports of collections and disbursements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding local victim assistance programs, is amended by adding after subsection (a) of Code Section 15-21-132, relating to assessment of additional sums, a new subsection to read as follows:

~

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"(a.1) The court officer charged with the duty of collecting moneys arising from fines pursuant to this Code section and Code Section 15-21-133 is required to submit to the Criminal Justice Coordinating Council a monthly financial report which states the amount collected and the agencies, organizations, or programs which directly received funds in that same period from said officer in order to allow coordination of local, state, and federal funding sources for similar services."

SECTION 2.

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

Approved May 1, 2000.

REVENUE AND TAXATION - AD VALOREM TAXES; RETURNS OF TAXABLE PROPERTIES.

Code Section 48-5-19 Amended.

No. 839 (House Bill No. 1265).

AN ACT

To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide for the signature and written declaration of persons making returns of taxable property; to provide for prima-facie evidence with respect to such returns; to provide for a criminal penalty with respect to certain false swearing; to provide for powers, duties, and authority of the state revenue commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, is amended by striking Code Section 48-5-19, relating to oaths of persons making returns of taxable property, and inserting in its place a new Code Section 48-519 to read as follows:

"48-5-19.

(a) Each return of taxable property shall be signed by or for the person re-

I

sponsible for filing the return and shall contain or be verified by the follow- 'i

ing written declaration:

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1361

'I do solemnly swear that I have carefully read (or have heard read) and have duly considered the questions propounded in the foregoing tax list, and that the value placed by me on the property returned, as shown by the list, is the true market value thereof; and I further swear that I returned, for the purpose of being taxed thereon, every species of property that I own in my own right or have control of either as agent, executor, administrator, or otherwise; and that in making this return, for the purpose of being taxed thereon, I have not attempted either by transferring my property to another or by any other means to evade the laws governing taxation in this state. I do further swear that in making this return I have done so by estimating the true worth and value of every species of property contained therein.'
(b) The fact that a person appears to have signed a return of taxable property on behalf of a person required to file a return shall be prima-facie evidence that the person was authorized to sign on behalf of such person.

(c) Any person who shall make any false statement in any return of taxable property shall be guilty of false swearing, whether or not an oath is actually administered to him or her, if such statement shall purport to be under oath. On conviction of such offense, such person shall be punished as provided by Code Section 16-10-71.

(d) (1) As used in this subsection, the term 'digital signature' means a digital or electronic method executed or adopted by a party with the intent to be bound by or to authenticate a record, which is unique to the person using it, is capable of verification, is under the sole control of the person using it, and is linked to data in such a manner that if the data are changed the digital or electronic signature is invalidated.
(2) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations setting forth the procedure for satisfying the signature requirement for returns whether by electronic digital signature, voice signature, or other means, so long as appropriate security measures are implemented which assure security and verification of the signature procedure."

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 May 1, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

LOCAL GOVERNMENT - DEVELOPMENT AUTHORITIES; TRAINING OF MEMBERS AND DIRECTORS.

Code Sections 32-62A-20 through 32-62A-22 Enacted.

No. 840 (House Bill No. 1268).

AN ACT

To amend Chapter 62A of Title 36 of the Official Code of Georgia Annotated, relating to conduct of members of local authorities, so as to provide for training for members of local development authorities; to define a term; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 62A of Title 36 of the Official Code of Georgia Annotated, relating to conduct of members of local authorities, is amended by designating the existing text of the chapter as Article 1 and by adding thereafter a new Article 2 to read as follows:

"ARTICLE 2

36-62A-20.

As used in this article, the term 'development authority' means any authority created by law or by constitutional amendment for one or more counties or municipalities, or any combination thereof, for the purpose of promoting the development of trade, commerce, industry, and employment opportunities or for other purposes. Without limiting the generality of the foregoing, such term shall specifically include all authorities created pursuant to Chapter 62 of this title.

36-62A-21.
Except for a director who is also a member of the governing body of a municipal corporation or county, each director or member of the governing board or body of a development authority shall attend and complete at least eight hours of training on development and redevelopment programs within the first 12 months of the director's or member's appointment to the development authority. Directors and members in office on January 1, 2000, shall be exempt from this requirement unless reappointed for an additional term.

36-62A-22.

This article shall not apply to directors of downtown development authorities created pursuant to Chapter 42 of this title, required training for such directors being as provided for in that chapter."

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SECTION 2.

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

Approved May 1, 2000.

PUBLIC OFFICERS AND EMPLOYEES - TAXPAYERS' PENSION ADVOCATE.
Code Section 45-24-9 Enacted.
No. 841 (House Bill No. 1285).
AN ACT
To amend Chapter 24 of Title 45 of the Official Code of Georgia Annotated, the "Governmental Reorganization and Termination from Employment Reform Act of 1997," so as to provide for the appointment of a taxpayers' pension advocate; to provide that such advocate's duties shall be to raise all possible factual and legal objections to the separation of the employee and the granting of involuntary separation benefits to such person; to provide for procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 24 of Title 45 of the Official Code of Georgia Annotated, the "Governmental Reorganization and Termination from Employment Reform Act of 1997," is amended by inserting at the end thereof the following:
"45-24-9.
(a) When the commission is notified of a contemplated involuntary separation as provided in Code Section 45-24-5, the commission shall immediately notify the Attorney General and shall provide the Attorney General with all information and documentation concerning the matter as the commission has been provided or is subsequently provided.
(b) Immediately upon being notified of a contemplated involuntary separation as provided in subsection (a) of this Code section, the Attorney General shall appoint an attorney on his or her staff to act as the taxpayers' pension advocate in the matter. Such attorney shall not be the attorney assigned to advise the Employees' Retirement System of Georgia. It shall be the duty of the taxpayers' pension advocate to review all aspects of the termination of the employee and the application for involuntary separation retirement benefits and to raise all possible objections, both factual and legal, to the em-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ployee's being granted such benefits. All state agencies shall cooperate with the taxpayers' pension advocate and shall provide him or her with nonprivileged information upon request.

(c) As soon as practicable but not later than the date scheduled for the meeting of the commission provided in subsection (c) of Code Section 4524-6, the taxpayers' pension advocate shall prepare a brief of fact and law and shall raise all objections to the involuntary separation of the employee or to the granting of involuntary separation retirement benefits to the employee. The taxpayers' pension advocate shall provide a copy of such brief to each member of the commission and to each member of the Senate Retirement Committee and the House Committee on Retirement.

(d) The taxpayers' pension advocate shall attend each meeting of the commission held pursuant to subsection (c) of Code Section 45-24-6 and shall make oral arguments before the commission supporting the brief prepared pursuant to subsection (c) of this Code section."

SECTION 2.

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

Approved May 1, 2000.

REVENUE AND TAXATION - EXCISE TAXES ON ROOMS, LODGINGS, AND ACCOMMODATIONS; LEW AND COLLECTION; CONDITIONAL AUTHORIZATION FOR CERTAIN COUNTIES AND MUNICIPALITIES.
Code Section 48-13-51 Amended.
No. 842 (House Bill No. 1291).
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:

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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 licensed 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.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(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 apply 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), (3.4), (3.5), (3.6), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), and (5.1) 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

GEORGIA lAWS 2000 SESSION

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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), (3.4), (3.5), (3.6), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), and (5.1) 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 adding a new paragraph immediately following paragraph (3.6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (3.7) to read as follows:

"(3.7) (A) Notwithstanding any other provlSlon 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) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent for the purpose of:

(i) Promoting tourism, conventions, and trade shows;

(ii) Supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes;
(iii) 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 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;

(iv) 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;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(v) 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 if such facility was substantially completed and in operation prior to December 31, 1993; or

(vi) For some combination of such purposes.

(B) Amounts expended pursuant to subparagraph (A) of this paragraph 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 pursuant to division (iii) or (iv) of subparagraph (A) of this paragraph may be so expended in any otherwise lawful manner.

(C) In addition to the amounts required to be expended under this paragraph, a county or municipality levying a tax pursuant to this paragraph and in which an international horse park used in Olympic Games competition is in operation prior to January 1, 1999, 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 6 percent for the purpose of constructing, developing, supporting, and operating a nature center, nature park, wetlands education center, or nature museum for educational and recreational purposes or any other similar purposes. Amounts which are expended to meet the 16 2/3 percent expenditure requirement of this subparagraph shall not be subject to the provisions of subparagraph (A) of this paragraph requiring expenditure through a contract or contracts with certain entities."

SECTION 3.

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), (3.4), (3.5), (3.6), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1)

GEORGIA LAWS 2000 SESSION

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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), (3.4), (3.5), (3.6), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1) of this subsection."

SECTION 4.

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), (3.4), (3.5), (3.6), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1) 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), (3.4), (3.5), (3.6), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1) of this subsection shall be made for each fiscal year beginning on or after July I, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, 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), (3.4), (3.5), (3.6), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1) 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), (3.4), (3.5), (3.6), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1) 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.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(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), (3.4), (3.5), (3.6), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1) of this subsection."

SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

REVENUE AND TAXATION - AD VALOREM TAXES; COUNTY BOARDS OF ASSESSORS; STAFF AND EMPLOYEES; REMOVAL OF BOARD MEMBERS; PERFORMANCE REVIEWS.
Code Sections 48-5-262 and 48-5-295 Amended. Code Section 48-5-295.1 Enacted.
No. 843 (House Bill No. 1296).
AN ACT
To amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to authorize county governing authorities to provide that staff and employees of county boards of tax assessors shall be positions of employment covered by the county civil service system; to provide for additional grounds for removal of members of county boards of tax assessors; to provide for performance review of such boards; to provide for selection, qualification, powers, and duties of members of performance review boards; to provide for reimbursement of expenses; to provide for powers, duties, and authority of the state revenue commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, is amended by adding a new subsection at the end of Code Section 48-5-262, relating to composition and duties of county appraisal staff, to be designated subsection (e), to read as follows:

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"(e) (1) As used in this subsection, the term 'county civil service system' means any county civil service system, county merit system, county personnel plan or policy, or stated rules of work.

(2) The county governing authority shall be authorized, in its discretion and upon adoption of the appropriate resolution or ordinance, to provide that staff and employees of the county board of tax assessors shall be positions of employment covered by the county civil service system. Following the adoption of such ordinance or resolution, the county board of tax assessors may hire and manage such employees, but only in compliance with the county civil service system. The failure of the county board of tax assessors to comply with the requirements of such system shall be grounds for removal of one or more members of the county board of tax assessors pursuant to subsection (b) of Code Section 48-5-295."

SECTION 2.

Said part is further amended by striking subsection (b) of Code Section 48-5295, relating to terms of office, vacancies, and removal of members of county boards of tax assessors, and inserting in its place a new subsection (b) to read as follows:

"(b) A member of the county board of tax assessors may be removed by the county governing authority only for cause shown for the failure to perform the duties or requirements or meet the qualifications imposed upon such member by law including, but not limited to, the duties, requirements, and qualifications specified pursuant to Code Section 48-5-295.1 and subsection (d) of Code Section 48-5-298. No member of the board who is also employed by the county as a staff appraiser under Code Section 48-5-262 may be removed by the county governing authority during such member's term of appointment until the member has been afforded an opportunity for a hearing before the judge of the superior court of the county for recommendations by the judge of the superior court to the county governing authority regarding such removal."

SECTION 3.

Said part is further amended by adding a new Code section immediately following Code Section 48-5-295, to be designated Code Section 48-5-295.1, to read as follows:

"48-5-295 .1.

(a) The county governing authority may, upon adoption of a resolution, request that a performance review of the county board of tax assessors be conducted. Such resolution shall be transmitted to the commissioner who shall appoint an independent performance review board within 30 days after re-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ceiving such resolution. The commissioner shall appoint three competent persons to serve as members of the performance review board, one of whom shall be an employee of the department and two of whom shall be assessors who are not members of the board under review.
(b) It shall be the duty of a performance review board to make a thorough and complete investigation of the county board of tax assessors with respect to all actions of the county board of tax assessors and appraisal staff regarding the technical competency of appraisal techniques and compliance with state law and regulations. The performance review board shall issue a written report of its findings which shall include such evaluations, judgments, and recommendations as it deems appropriate. The county governing authority shall reimburse the members of the performance review board for reasonable expenses incurred in the performance of their duties, including mileage, meals, lodging, and costs of materials.
(c) The findings of the report of the review board under subsection (b) of this Code section or of any audit performed by the Department of Revenue at the request of the Governor may be grounds for removal of one or more members of the county board of tax assessors pursuant to subsection (b) of Code Section 48-5-295.

(d) The commission shall promulgate such rules and regulations as may be necessary for the administration of this Code section."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

EVIDENCE - MEDICAL RESEARCH DATA; CONFIDENTIALITY
Code Section 24-940.2 Amended.
No. 844 (House Bill No. 1300).
AN ACT
To amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged medical information, so as to change the provisions relating to the confidentiality of raw research data; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged medical information, is amended by striking Code Section 24-940.2, relating to the confidentiality of raw research data, and inserting in its place the following:
"24-940.2.

(a) The General Assembly finds and declares that protecting the confidentiality of research data from disclosure in administrative proceedings, civil and criminal judicial proceedings, and quasi-judicial proceedings is essential to safeguarding the integrity of research in this state, guaranteeing the privacy of individuals who participate in research projects, and ensuring the continuation of research in science, medicine, and other fields that benefits the citizens and institutions of Georgia and other states. The protection of such research data has more than local significance, is of equal importance to all citizens of the state, is of state-wide concern, and consequently is properly a matter for regulation under the police power of the state.

(b) As used in this Code section, the term 'confidential raw research data' means medical information, interview responses, reports, statements, memoranda, or other data relating to the condition, treatment, or characteristics of any person which is gathered by or provided to a researcher:

(1) In support of a research study approved by an appropriate research oversight committee of a hospital, health care facility, or educational institution; and

(2) With the objective to develop, study, or report aggregate or anonymous information not intended to be used in any way in which the identity of an individual is material to the results.

The term does not include published compilations of the raw research data created by the researcher or the researcher's published summaries, findings, analyses, or conclusions related to the research study.

(c) Confidential raw research data in a researcher's possession shall not be subject to subpoena, otherwise discoverable, or deemed admissible as evidence in any administrative, civil, criminal, or other judicial proceeding in any court except as otherwise provided in subsection (d) of this Code section.

(d) Confidential raw research data may be released, disclosed, subject to subpoena, otherwise discoverable, or deemed admissible as evidence in a judicial or quasi-judicial proceeding as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) Confidential raw research data related to a person may be disclosed to that person or to another person on such person's behalf where the authority is otherwise specifically provided by law;
(2) Confidential raw research data related to a person may be disclosed to any person or legal entity designated to receive that information when that designation is made in writing by the research participant or where a designation is made in writing by a person authorized by law to act for the participant;
(3) Confidential raw research data related to a person may be disclosed to any agency or department of the federal government, this state, or any political subdivision of this state if those data are required by law or regulation to be reported to that agency or department;
(4) Confidential raw research data may be disclosed in any proceeding in which a party was a participant, researcher, or sponsor in the underlying research study, including but not limited to any judicial or quasi-judicial proceeding in which a research participant places his or her care, treatment, i~uries, insurance coverage, or benefit plan coverage at issue; provided, however, that the identity of any research participant other than the party to the judicial or quasi-judicial proceeding shall not be disclosed, unless the researcher or sponsor is a defendant in the case;
(5) Confidential raw research data may be disclosed in any proceeding in which the researcher has either volunteered to testify or has been hired to testify as an expert by one of the parties to the proceeding; and
(6) In a criminal proceeding, the court shall order the production of confidential raw research data if the data are relevant to any issue in the proceeding, impose appropriate safeguards against unauthorized disclosure of the data, and admit confidential raw research data into evidence if the data are material to the defense or prosecution.
(e) Nothing in this Code section shall be construed to permit, require, or prohibit the disclosure of confidential raw research data in any setting other than an administrative, judicial, or quasi-judicial proceeding that is governed by the requirements of this title.
(f) Any disclosure of confidential raw research data authorized or required by this Code section or any other law shall in no way destroy the confidential nature of that data except for the purpose for which the authorized or required disclosure is made."

GEORGIA LAWS 2000 SESSION

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SECTION 2.

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

Approved May 1, 2000.

REVENUE AND TAXATION - SPECIAL COUNTY 1 PERCENT SALES AND USE TAX; USE OF PROCEEDS FOR TRANSPORTATION FACILITIES.
Code Section 48-8-111 Amended.
No. 845 (House Bill No. 1303).
AN ACT
To amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to imposition of special county 1 percent sales and use tax, so as to authorize use of tax proceeds for capital outlay projects consisting of certain transportation facilities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to imposition of special county 1 percent sales and use tax, is amended by striking "or" at the end of subparagraph (a) (1) (I) and inserting immediately thereafter a new subparagraph to read as follows:
"(1.1) A capital outlay project or projects of the county for the use and benefit of the citizens of the entire county and consisting of any transportation facility designed for the transportation of people or goods, including but not limited to railroads, port and harbor facilities, mass transportation facilities, or any combination thereof; or".
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Approved May 1, 2000.

,';'!

1376

GENERAL ACTS AND RESOLUTIONS, VOL. I

REVENUE AND TAXATION- INTANGIBLE RECORDING TAX; REPORTS BY COLLECTING OFFICERS.

Code Section 48-6-73 Amended.

No. 846 (House Bill No. 1310).

AN ACT

To amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible recording tax, so as to change certain provisions regarding contents of reports and distributions by collecting officers; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible recording tax, is amended by striking Code Section 48-673, relating to reports and distributions by collecting officers, and inserting in its place a new Code Section 48-6-73 to read as follows:

"48-6-73.
Each collecting officer shall make a report to the commissioner by the tenth day of each month on forms prescribed by the commissioner of all sums collected and remitted under this article for the preceding month. The collecting officer shall retain 6 percent of the tax collected as compensation for said officer's services in collecting the tax. All such taxes shall be deemed to have been collected by the collecting officer in said officer's official capacity. Failure to collect and distribute the tax as provided by law shall constitute a breach of the official duty and of the official bond of the collecting officer. In each county in which the collecting officer is on a salary, the 6 percent commission allowed by this Code section shall be paid into the county treasury and shall become county property. The long-term notes secured by real property upon which this tax is based shall not be placed upon the property tax digest prepared and maintained by the tax receiver. It is the intention of the General Assembly that the 6 percent commission permitted under this article for the collection and distribution of this tax by the collecting officer shall be the only compensation permitted to any coliecting officer with respect to this tax. In counties having a population of more than 500,000, according to the United States decennial census of 1990 or any future such census, however, the commission allowed under this article as compensation to the collecting officer shall be 4 percent."

SECTION 2.

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

GEORGIA LAWS 2000 SESSION

1377

SECTION 3.

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

Approved May 1, 2000.

PUBLIC OFFICERS AND EMPLOYEES - STATE MERIT SYSTEM; PERSONNEL ADMINISTRATION.
Code Title 45 Amended.
No. 847 (House Bill No. 1314).
AN ACT
To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to specify the General Assembly's intent; to change the functions of the state merit system; to provide that each agency shall develop an annual work force plan according to state-wide criteria and guidelines; to change definitions; to provide for participation of unclassified employees in certain programs; to provide for uniformity in the accrual and usage of leave by employees in the classified and unclassified service; to provide for consistency in the state's performance management system; to change the method of personnel evaluations; to provide that the employee assistance program shall apply to classified and unclassified employees; to change provisions relating to employee suggestions and awards; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking Code Sections 45-20-1, 45-20-2, and 4520-3, relating to the purposes and principles of the merit system generally, definitions, and duties and functions of the State Personnel Board, respectively, and inserting in lieu thereof three new Code sections to read as follows:
"45-20-1.
(a) It is the purpose of this article to establish in the state a system of personnel administration which will attract, select, and retain the best employees based on merit, free from coercive political influences, with incentives in the form of equal opportunities for all; which will provide technically competent and loyal personnel to render impartial service to the public at all times and to render such service according to the dictates of ethics and morality; and which will remove unnecessary and inefficient employees. It is

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GENERAL ACTS AND RESOLUTIONS, VOL. I

specifically the intent of the General Assembly to promote this purpose by allowing agencies greater flexibility in personnel management so as to promote the overall effectiveness and efficiency of state government. To this end, and in accordance with Code Sections 45-20-2 and 45-20-6, all positions filled after July 1, 1996, shall be included in the unclassified service of the state merit system. It is also specifically the intent of the General Assembly that employees in the classified service prior to July 1, 1996, shall continue to be covered employees in the classified service and shall remain subject to the rules and regulations of the state merit system so long as they remain in covered positions or as otherwise provided by law. It is further specifically the intent of the General Assembly that state government operate within a framework of consistent personnel policies and practices across all state agencies and entities and that the state's most valued resource, its employees, be managed in a manner to promote work force productivity and sound business practices.

(b) In order to achieve these purposes, it is the policy of the state that agencies treat all employees, whether included in the classified or unclassified service, in accordance with the following principles:

(1) Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to race, color, national origin, sex, age, disability, religious creed, or political affiliations. This 'fair treatment' principle includes compliance with all state and federal equal employment opportunity and nondiscrimination laws;

(2) Recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial employment;
(3) Providing equitable and adequate compensation based on merit, performance, job value, and competitiveness within applicable labor markets;

(4) Training employees, as needed, to assure high quality performance and to provide work force skills needed to maintain and advance the state's goals and objectives;
(5) Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance where possible and appropriate, and separating employees whose performance is inadequate; and

(6) Assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or nomination for office.
(c) With respect to employees in the unclassified service, it shall be the responsibility of the state merit system to perform the following functions:

GEORGIA LAWS 2000 SESSION

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(1) Establish and maintain a state-wide system of pay ranges for all job classes;
(2) Define common job classes, establish associated mmtmum qualifications for those classes and assign those classes to appropriate pay ranges;
(3) Develop and maintain a common employment application form to be used by all applicants for state employment, which form may be supplemented as necessary by agencies in seeking information about agency job classes;
(4) Serve as the central contact point for all potential employees in order to streamline state-wide recruiting for applicants, to provide for a statewide applicant data base, to refer applicants to agencies, and make applicant data available to agencies for review and consideration;
(5) Upon request, develop, validate, or develop and validate applicant screening devices being utilized by agencies;
(6) Upon request, administer screening devices on behalf of agencies;
(7) Make employment related training available to agencies and allow agencies the opportunity to provide input into the nature and scope of said training programs;
(8) In consultation with agencies, establish state-wide model standards and processes and best practices criteria which agencies shall use in developing internal processes for (i) classification, (ii) compensation, (iii) pay for performance, and (iv) performance management, including processes involved in defining job classes, establishing and applying associated minimum qualifications, assigning jobs to appropriate state-wide pay ranges, developing and applying applicant screening methods, and measuring worker effectiveness;
(9) Audit agencies' processes as referred to in paragraph (8) of this subsection and report findings annually to the Governor and the General Assembly in conjunction with an annual report on the overall status of the state work force;
(10) Serve as consultant to agencies on work force planning and effective work force strategies, provide technical support assistance, and direct services to agencies as requested; and
(11) Maintain and make available to the public at large a state-wide central registry of employment vacancies and job announcements in state government as provided to the state merit system by agencies.
(d) With respect to employees in the unclassified service, it shall be the responsibility of the employing agency to perform the following functions:

T

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) Within state-wide human resource standards, processes, and best practices criteria, define agency unique job classes, establish and apply associated qualifications for those job classes, and assign those job classes to pay ranges on an appropriate state-wide compensation plan;
(2) Allocate agency positions to defined job classes;

(3) Recruit and screen applicants for job vacancies;
(4) Develop and administer appropriate job applicant screening devices to ensure the integrity of the hiring process; and

(5) Develop agency unique policies to ensure compliance with all applicable employment related state and federal laws.

(e) Subsections (c) and (d) of this Code section shall not apply to the legislative or judicial branches, to the board of regents, or to any agency which employed no classified employees as of July 1, 1996.
(f) Each agency shall develop an annual work force plan according to statewide criteria and guidelines and shall provide a report of such plan annually to the state merit system for incorporation into the state-wide work force plan to be submitted to the Governor and the General Assembly.
(g) In the event agencies do not use a competitive civil service examination to fill some or all of their unclassified positions, it is expressly the intent of the General Assembly that appropriate consideration be given to veterans as defined under Article IV, Section III, Paragraph II of the Constitution of Georgia and Article 2 of Chapter 2 of this title in the filling of job vacancies in this state. Guidelines defining consideration practices shall be developed at the state level. Agencies shall specify agency policies and practices to implement appropriate consideration of military veterans in filling agency job vacancies.

(h) The rules of statutory construction contained in Chapter 3 of Title 1, relating to general provisions concerning the construction of statutes, as now or hereafter amended, shall apply to this article.
45-20-2.

As used in this chapter, the term:
(1) 'Appointing authority' means the person or groups of persons authorized by law or delegated authority to make appointments to fill positions.
(2) 'Classified service' includes all employees of state departments as defined in this Code section; all employees of local departments of health and county departments of family and children services; local employees of the Department of Defense as defined by law; but those officers and employees excluded by this article shall not be included.

GEORGIA LAWS 2000 SESSION

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(3) 'Commissioner of personnel administration' and 'commissioner' mean the chief executive officer of the state merit system who is responsible for administering the state personnel program in accordance with applicable state and federal laws and the policies of the State Personnel Board.
(4) 'Confidential position' means a position which by its nature is entrusted with private or restricted information of a type which would preclude it from inclusion in the classified service.
(5) 'Covered employee' or 'classified employee' means an employee subject to the rules and regulations of the state merit system.
(6) 'Covered position' or 'classified position' means a position subject to the rules and regulations of the state merit system.
(7) 'Department' and 'agency' are synonymous and mean all separate and distinct divisions and subdivisions of state government whose heads are legally authorized to appoint employees to positions; but these terms shall not include authorities and public corporations. 'Department' and 'agency' shall include an agency assigned to a department for administrative purposes and shall also include local departments of public health, county departments of family and children services, community service boards, and units of the Department of Defense with local employees.
(8) 'Department covered by the state merit system' means that a department has one or more positions or employees subject to the State Merit System of Personnel Administration.
(8.1) 'Interdepartmental transfer' means a transfer from a classified position in one department to a classified position in another department at the same or a higher or lower pay grade. A transfer between units of the Department of Human Resources, including county departments of health and county departments of family and children services, shall not be deemed to be an interdepartmental transfer.
(9) 'Permanent employee,' 'permanent status employee,' or 'employee on permanent status' means an employee who has successfully completed a working test period in the class of positions in which he or she has been employed.
(10) 'Position' means a set of duties and responsibilities assigned or delegated by competent authority for performance by one person.
(11) 'Positions of purely policy-making nature' means those positions charged with the primary responsibility and authority for the promulgation, implementation, and enforcement of departmental policies.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

'

(12) 'Rules and regulations' and 'merit system rules and regulations' mean the governing provisions of the state merit system, as adopted by the State Personnel Board and approved by the Governor which give force and effect to the policies of the State Personnel Board.

(13) 'State Personnel Board' and 'board' are synonymous and mean the body authorized by Article IV, Section III, Paragraph I of the Constitution of Georgia.

(14) 'State Personnel Board policies' means those policies adopted by the board and approved by the Governor, which policies describe the goals and objectives of the state personnel program and serve as a basis for the formulation and administration of the merit system rules and regulations.

(15) 'Unclassified service' includes the following officers and employees who are excluded from the classified service by this article:

(A) Members of the General Assembly;

(B) Persons elected or appointed by the General Assembly, employees of the General Assembly, officials and employees of the Department of Audits and Accounts, and the legislative counsel, except as otherwise provided;

(C) Officers, officials, and employees comprising the office of the Governor, except those officers, officials, and employees already covered by the state merit system by law or executive order; and all employees of the Office of Planning and Budget in the position classification policy coordinator, notwithstanding their previous inclusion in the classified service;

(D) Officers, officials, and employees comprising the office of the Lieutenant Governor, except as otherwise provided;

(E) Officers and officials elected by popular vote and persons appointed to fill vacancies in elective offices;

(F) Members of boards and commissions appointed by the Governor or the General Assembly;

(G) The heads of departments or agencies appointed by boards or commissions which have been appointed by the Governor or the General Assembly, except where specifically included;

(H) Justices, judges, officials, officers, and employees of the judicial branch;

GEORGIA LAWS 2000 SESSION

1383

(I) Members, the chancellor, and vice-chancellors of the Board of Regents of the University System of Georgia and all officers, officials, and employees of the University System of Georgia, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order;

(J) The officers, officials, and employees of the Department of Transportation, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order;

(K) The officers, officials, and employees of the Department of Law, except those officers, officials, and employees already covered by the state merit system by law or executive order;

(L) A deputy or a confidential secretary when one is required by the head of a department, provided that the commissioner shall prescribe the conditions under which more than one deputy may be excluded;

(M) Not more than five positions designated by the head of each department, bureau, commission, or agency, including those assigned for administrative purposes only, provided that the agency does not presently contain five unclassified, full-time, permanent, managerial positions; and provided, further, that the rights of classified employees shall not be abridged;

(N) Members of the military forces of the state while engaged in military service;

(0) Members of unemployment compensation boards of review and appeals tribunals representing employer, employee, and the general public interest;

(P) State and local officials serving ex officio or emeritus and performing incidental duties;

(Q) Members of other advisory councils, committees, or similar bodies within the state merit system;

(R) Part-time or temporary employees rendering medical, nursing, or other professional, scientific, or technical services who are not engaged in the performance of administrative duties under the merit system, provided that such employees meet the minimum requirements of education and experience established by the appointing authority and such employment is approved by the commissioner;

(S) Prisoner, inmate, student, or patient help working in or about institutions;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(T) Per diem employees engaged in skilled or unskilled work on a seasonal or intermittent basis, provided that the commissioner has authorized such employment;
(U) Commission and contract salesmen and hourly or per diem skilled and unskilled laborers working at the Georgia Industries for the Blind;
(V) Positions specifically excluded from classified service by law or those of a purely policy-making or confidential nature as recommended by the department head and approved by the Governor after consultation with the commissioner;
(W) Time-limited positions established for the purpose of conducting a specific study, investigation, or project subject to the approval of the commissioner;
(X) Additional positions of unique functions as may be authorized by the commissioner;
(Y) Positions in the class Major assigned to the Uniform Division of the Department of Public Safety;
(Z) (i) The officers, officials, employees, and positions of the Department of Natural Resources, except those officers, officials, employees, and positions which are as of March 14, 1984, in fact in the classified service or which the commissioner designates as being in the classified service of the merit system unless placed in the unclassified service under another provision of this chapter. Except as provided in division (ii) of this subparagraph, unclassified employees of the Department of Natural Resources who are paid on an hourly basis shall continue not to be entitled to other benefits of employment, including, but not limited to, the accrual of annual and sick leave, membership within the Employees' Retirement System of Georgia, and inclusion under the health insurance plan for state employees as provided for in Article 1 of Chapter 18 of this title.
(ii) Any provision of division (i) of this subparagraph to the contrary notwithstanding, unclassified employees of the Department of Natural Resources who are at work on or after July 1, 1993, who are paid on an hourly basis, and who are otherwise eligible to participate under Article 1 of Chapter 18 of this title may be included under the health insurance plan for state employees as funding is provided and may accrue annual and sick leave; provided, however, that such eligibility for annual and sick leave shall not apply to any service occurring prior to July 1, 1993;

GEORGIA lAWS 2000 SESSION

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(AA) The employees in the positions in the job classification of 'Clerk, Contingency' in the Department of Labor who are paid on an hourly basis. These employees shall continue not to be entitled to other benefits of employment, including, but not limited to, the accrual of annual and sick leave, membership within the Employees' Retirement System of Georgia, and inclusion under the health insurance plan for state employees as provided for in Article 1 of Chapter 18 of this title;

(BB) The officers, officials, and employees of postsecondary technical schools which are operated by the Department of Technical and Adult Education, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order;

(CC) The 39 positions funded by the General Assembly during the 1992 legislative session for the Insurance Department for the purposes of securing accreditation of the Insurance Department by the National Association of Insurance Commissioners;

(DD) The officers, officials, and employees of state schools which are operated by the State Board of Education, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order;

(EE) All positions filled on or after July 1, 1996, by new hires or rehires;

(FF) Any position established on or after July 1, 1996; and

(GG) Any classified employee who, on or after July 1, 1996, accepts employment in an unclassified position.

(16) 'Working test' or 'working test period' means a probationary period of employment in a class of covered positions during which the employee must demonstrate to the satisfaction of the appointing authority that he or she has the knowledge, ability, aptitude, and other necessary qualities to perform satisfactorily the duties of the position in which employed. The working test period shall apply to each promotion and interdepartmental transfer as provided in Code Section 45-20-17.

The commissioner may fix the length of the working test period for any class at not less than six months nor more than 18 months exclusive of any time in nonpay status or an unclassified position; provided, however, that the length of the working test period for troopers of the Uniform Division of the Department of Public Safety shall be 18 months. The State Personnel Board shall provide guidelines to be used by appointing authorities in reviewing classified employees during the working test period.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

( 17) 'Working test employee' or 'employee on working test' means a covered employee serving a working test period in the class of positions in which he or she is employed; provided, however, that an employee serving a working test period following a promotion in the same department from a lower class in which he or she held permanent status shall retain permanent status rights in the lower class until he or she attains permanent status in the class to which he or she has been promoted; provided, further, that an employee with five years or more of continuous state service who is serving a working test period following an interdepartmental transfer shall retain permanent status rights in the new department as provided in subsection (b) of Code Section 45-20-17.
45-20-3.

(a) (1) The State Personnel Board shall prescribe the guidelines by which the state's personnel policies shall be administered. The board shall hold regular meetings at least once each month and may hold additional meetings as may be required for the proper discharge of its duties.
(2) Members of the board shall receive no salary but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member is attending meetings or performing official business for the board, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance or official business.
(3) Three members shall constitute a quorum. Only the votes of a majority of the members present shall be necessary for the transaction of any business or discharge of any duties of the State Personnel Board, provided there is a quorum.
(b) It shall be the specific duty and function of the State Personnel Board:
(1) To represent the public interest in the improvement of personnel administration in all state departments;
(2) To determine appropriate human resource management goals and objectives for the employees of the classified and unclassified service and prescribe policies for their accomplishment;
(3) At public hearings to adopt and amend policies, rules, and regulations effectuating the State Merit System of Personnel Administration and the state's personnel policies and practices with respect to employees of the classified and unclassified service subject to approval by the Governor. The rules and regulations of the State Personnel Board in effect on March 13, 1975, shall remain in effect until amended, changed, modified, or repealed by the board. Notice of State Personnel Board meetings shall

GEORGIA LAWS 2000 SESSION

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be released to all departments and agencies and shall be prominently posted at the office of the State Merit System of Personnel Administration at least ten days prior to each board meeting;

(4) Where the board deems a review appropriate, for employees of the classified service, to ensure that a review is afforded on dismissals, other adverse personnel actions defined by the rules and regulations of the State Personnel Board, and other purported violations of the rules and regulations in the several departments which are included in the classified service as well as in other matters under the board's jurisdiction. All appeals determinations of the board shall be written and documented as to findings of fact, bases for decisions, and prescribed remedies;

(5) To assure the administration of state and federal laws relating to state personnel administration;

(6) To establish an annual budget covering all the costs of State Personnel Board operations, said budget to be incorporated as a component of the annual budget of the state merit system; and

(7) To promote public understanding of the purposes, policies, and practices of the State Merit System of Personnel Administration and to advise and assist the several state departments in fostering merit selection and securing the interest of institutions of learning and of civic, professional, and other organizations in the improvement of personnel standards under the state's personnel system."

SECTION 2.

Said title is further amended by striking Code Section 45-20-4, relating to the creation, appointment, compensation, powers, and duties of the commissioner of personnel administration and deputy commissioner and other assistants, and inserting in lieu thereof a new Code section to read as follows:

"45-20-4.

(a) There is created the position of commissioner of personnel administration. The commissioner shall be appointed by the Governor after consultation with the State Personnel Board subject to confirmation by the Senate. The Governor shall fix the compensation of the commissioner, who shall serve at the pleasure of the Governor.

(b) The duties and responsibilities of the commissioner shall be:

(1) To serve as executive secretary to the board, to attend meetings as directed by the board, and to provide such professional, technical, and other supportive assistance as may be required by the board in the performance of its duties;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) Consistent with board policy, to administer the operations of the state merit system and to otherwise act in the capacity of chief executive officer of the state personnel administration program;
(3) To submit to the Governor the rules and regulations adopted by the State Personnel Board effectuating the state merit system. Such rules and regulations when approved by the Governor shall have the force and effect of law and shall be binding upon the state departments covered by this article and shall include provisions for the establishment and maintenance of classification and compensation plans, the conduct of examinations, and the establishment of registers of persons eligible for employment, the certification of eligible persons, appointments, promotions, transfers, demotions, separations, tenure, reinstatement, appeals, reports of performance, payroll certification, employee training, and all other phases of personnel administration. Such rules and regulations shall define and prohibit improper political activity by any departmental employee of the State Personnel Board or any employee covered under the terms of this article and shall provide that there shall be no discrimination for or against any person or employee in any manner, to include, but not be limited to, hiring, discharge, compensation, benefits, terms or conditions of employment, promotion, job classification, transfer, privileges, or demotion because of political affiliation, religious affiliation, race, creed, national origin, sex, age between 40 and 70 years, or physical disability. Such rules and regulations shall conform to the minimum standards for merit systems of personnel administration as specified by those federal departments from which federal funds are obtained for use by the several state departments covered by this article. Compensation plans and modifications thereto promulgated under the rules and regulations of the commissioner shall become effective as adopted upon approval of the director of the Office of Planning and Budget;
(4) To administer the rules and regulations and all other operational aspects of the state merit system and to assure compliance therewith in all departments;
(5) To appoint and prescribe the duties of the merit system staff;
(6) To establish an annual budget covering all the costs of operating the State Merit System of Personnel Administration including the State Personnel Board, and the costs of administering such federal laws relating to personnel administration as the Governor may direct including the Intergovernmental Personnel Act of 1970, and to determine an equitable basis of prorating the annual costs among the several departments covered by the State Merit System of Personnel Administration, provided that upon approval of such budget by the Governor, the Governor shall be empowered to direct that the necessary pro rata share of the several assessed de-

GEORGIA lAWS 2000 SESSION

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partments concerned be made available for expenditure by the state merit system in the same manner as appropriated funds are expended by other departments of the state;

(7) To ensure compliance with all applicable state and federal statutes and regulations concerning discrimination in employment, personnel administration, and related matters;

(8) To cooperate with appointing authorities in the administration of this article in order to promote public service and establish conditions of service which will attract and retain employees of character and ability and to increase efficiency and economy in governmental departments by improving the methods of personnel administration with full recognition of the requirements and needs of management; and

(9) To appoint and prescribe the duties of a deputy commissioner of personnel administration who shall be the second highest executive officer in the state merit system and the deputy executive secretary to the State Personnel Board; and to appoint and prescribe the duties of such other assistant commissioners of personnel administration as the commissioner deems appropriate. The deputy commissioner and the assistant commissioners shall be in the unclassified service and any of them shall have the authority to perform any duty assigned to the commissioner if delegated to them by the commissioner."

SECTION 3.

Said title is further amended by striking subsection (a) of Code Section 45-2016, relating to accrual, utilization, disapproval, and conversion of sick leave, and inserting in lieu thereof a new subsection (a) to read as follows:

"45-20-16.

(a) As a part of employee compensation, the State Personnel Board shall establish rules for the accrual and usage of leave and holidays and for compensation due to emergency closure of state offices or facilities for nontemporary employees in the classified service. All agencies of the executive branch, exclusive of the Board of Regents of the University System of Georgia, shall provide for the accrual and usage of leave and holidays and for compensation due to emergency closure of state offices or facilities for nontemporary employees in the unclassified service in the same manner and amount provided for employees in the classified service."

SECTION 4.

Said title is further amended by adding a new Code section following Code Section 45-20-20 to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"45-20-21.

The State Personnel Board shall provide for a performance management system for the periodic review and rating of the quality and quantity of work performed by classified employees. All agencies of the executive branch, exclusive of the Board of Regents of the University System of Georgia and of any agency which employed no classified employees as of July 1, 1996, shall provide for the review and rating of the quality and quantity of work performed by employees in the unclassified service in the same manner as employees in the classified service."

SECTION 5.

Said title is further amended by striking Code Section 45-20-70.1 and 45-20-71, relating to the authorization for an employee assistance program and the confidentiality of program related records or activities, and inserting in lieu thereof two new Code sections to read as follows:
"45-20-70.1.

The State Personnel Board is authorized in its discretion to establish an employee assistance program for all state employees and to adopt and promulgate rules and regulations for its administration.
45-20-71.

Program related records or activities which might disclose the nature of the services provided an employee or the identity of an employee utilizing the program shall be maintained on a confidential basis. Such records shall be produced only when the commissioner of personnel administration or his or her designee is satisfied it is needed to respond to a life-threatening or medical emergency or when written release is given by an employee."
SECTION 6.

Said title is further amended by striking Chapter 21, relating to the employees' suggestion and awards program, and inserting in lieu thereof a new chapter to read as follows:

"CHAPTER 21

45-21-1.

As used in this chapter, the term:

(1) 'Agency' means any agency as defined in Code Section 45-20-2, any authority, or any public corporation, but shall not include the board of regents and units of the University System of Georgia.
(2) 'Board' means the State Personnel Board.

GEORGIA LAWS 2000 SESSION

1391

(3) 'Employees' suggestion and awards program' means the program developed by the board under this chapter.

(4) 'Commissioner' means the commissioner of personnel administration or his or her designee.
45-21-2.
The board shall formulate, establish, and maintain an employees' suggestion and awards program to encourage state employees to make meritorious suggestions which will promote efficiency and economy in the performance of any function of state government and assist in recruiting and retaining qualified career employees in an increasingly competitive economy.

45-21-3.
(a) With the approval of the board, the comm1sswner shall prepare rules necessary and appropriate for the proper administration of this program and for the accomplishment of the purposes of this chapter including rules governing the:
( 1) Operation of the employees' suggestion and awards program;

(2) Eligibility of state employees to participate in the program; (3) Type of suggestions that will receive consideration;

(4) Method of submission of suggestions;

(5) Procedure for review of suggestions;

(6) Procedure for verifying service and making service awards; and (7) Procedure for determining awards to be given for suggestions.

(b) The commissioner shall submit the rules or any amendments thereto to the Governor. Such rules or amendments will become effective when approved by the Governor or 15 days after they are submitted, if the Governor has not rejected them prior to that time.

45-21-4.
Subject to Article 1 of Chapter 20 of this title, the commissioner shall employ the necessary staff required to carry out this chapter.

45-21-5.
Each state department head shall appoint a committee to be composed of not more than three members selected from the officers and employees of the department to review suggestions submitted which pertain to the operations of that department. The departmental committee shall, within 45 days

1392

GENERAL ACTS AND RESOLUTIONS, VOL. I

of receipt, report to the commissioner on all suggestions submitted to it pursuant to this chapter. Such report shall contain an estimate of the value of projected annual savings to be generated by a suggestion and a statement concerning the department's plan with reference to adopting them.
45-21-6.

The commissioner shall make any further investigation d( emed appropriate with respect to any suggestion or awards whether or not reported by the departmental committees and shall report his or her findings and recommendations to the board. Subject to any rules adopted under this chapter, the board shall make the final determination as to what action will be taken on awards or employee suggestions including what additional compensation, if any, or certificate or both shall be awarded to an employee whose suggestion is adopted.
45-21-7.

(a) Cash awards for suggestions submitted by an employee, implemented by a state department, and approved by the board which result in direct measurable cash savings or cost avoidance shall be paid to such employee in an amount equal to up to 10 percent of the first year's estimated net material and labor savings. The award shall be paid by the department or departments adopting the suggestion and shall be made within six months of the date the suggestion is implemented. Cash awards shall be for not less than $10.00 and for not more than $5,000.00 regardless of the number of departments adopting the suggestion. Funds necessary for providing the appropriate cash awards shall be drawn from the object class most directly affected by the approved suggestion. If the amount of a tangible savings award exceeds $100.00, the suggestion shall be reviewed by the department or departments implementing the suggestion one year from the date of implementation to determine actual net savings. If additional actual savings have resulted, a final additional award shall be made to such employee based on up to 10 percent of such actual net savings less any previous award payment. No award shall be made for any savings after the first year of implementation.

(b) (1) Suggestions involving improvements in working conditions; changes in procedures; revision of forms; improvement in employee morale, health, or safety; or related improvements for which the monetary value cannot be determined shall be eligible for award certificates or cash awards based on intangible savings.
(2) The board shall establish a method of evaluating such suggestions. Cash awards for suggestions involving intangible savings -;hall not exceed $100.00.
(c) Other awards to state employees made under this chapter may include:

GEORGIA LAWS 2000 SESSION

1393

(1) A certificate of merit which shall be in such form and shall be awarded at such times as the board may fix and determine;

(2) A certificate that shall indicate the number of years of state service which for this purpose shall be ascertained by the commissioner; or

(3) An appropriate pin, button, or other emblem which may be approved by the board.
45-21-8.
The costs of administration and of the certificates, pins, buttons, or other appropriate emblems shall be paid from the funds of the State Merit System of Personnel Administration and shall be included as a part of the annual budget of that agency."
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.

Approved May 1, 2000.

GAME AND FISH - CATFISH; SAVANNAH RIVER; TAKING WITH BOW AND ARROW.
Code Section 27-4-34 Amended.
No. 848 (House Bill No. 1320).
AN ACT
To amend Part 1 of Article 2 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions applicable to noncommercial fishing, so as to change the provisions relating to fishing with bow and arrow; to authorize the taking of channel catfish and flathead catfish anywhere in the Savannah River, including its tributaries and impoundments within the Savannah River Basin, by means of bow and arrow under certain conditions; to specifY such conditions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 2 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions applicable to noncommercial fishing, is amended by striking in its entirety Code Section 27-4-34, relating to fishing with bow and arrow, and inserting in lieu thereof a new Code Section 27-4-34 to read as follows:

~

1394

GENERAL ACTS AND RESOLUTIONS, VOL. I

"27-4-34.

(a) It shall be unlawful to take nongame fish from the waters of this state by

'

means of bow and arrow except under the following conditions:

(1) Each person using a bow and arrow shall have on his or her person a valid state resident or nonresident fishing license;

(2) All arrows used pursuant to this Code section must be equipped with barbs or contain devices on the point to act as a harpoon for recovering fish and must be attached to the person or bow by a rope, line, or cord sufficient for recovering the arrow and nongame fish;

(3) Arrows with poisonous or exploding heads are illegal;

(4) It shall be unlawful to discharge arrows into waters nearer than 150 feet to anyone engaged in any other means of recreation; and

(5) Legal hours for the taking of fish by bow and arrow shall be from sunrise to sunset, except as otherwise provided in subsection (d) in this Code section.

(b) Any game fish, except channel catfish and flathead catfish taken under the provisions of subsection (d) of this Code section, with an open wound and in the possession of a person fishing with a bow and arrow shall be prima-facie evidence of taking and possessing fish illegally.

(c) Notwithstanding the provisions of paragraph (5) of subsection (a) of this Code section, if all other requirements of said subsection (a) are met, nongame fish may be taken in impounded waters of reservoirs over 500 acres in size by bow and arrow at any time during the day and may be taken at night by the use of a light.

(d) It shall be unlawful to take channel catfish and flathead catfish anywhere in the Savannah River, including its tributaries and impoundments within the Savannah River Basin, by means of bow and arrow, except under the following conditions:

(1) Each person using a bow and arrow shall have on his or her person a valid state resident or nonresident fishing license;

(2) All arrows used pursuant to this subsection must be equipped with barbs or contain devices on the point to act as a harpoon for recovering fish and must be attached to the person or bow by a rope, line, or cord sufficient for recovering the arrow and channel catfish or flathead catfish;
(3) Arrows with poisonous or exploding heads are illegal;

(4) It shall be unlawful to discharge arrows into waters nearer than 150 feet to anyone engaged in any other means of recreation; and



GEORGIA lAWS 2000 SESSION

1395

(5) The taking of channel catfish and flathead catfish in the Savannah River, including its tributaries and impoundments within the Savannah River Basin, by bow and arrow shall be legal at any time of the day and at night by the use of a light."
SECTION 2.

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

Approved May 1, 2000.

LOCAL GOVERNMENT - BUDGETS AND AUDITS; UNIFORM CHARTS OF ACCOUNTS.
Code Section 36-81-3 Amended.
No. 849 (House Bill No. 1321).
AN ACT
To amend Code Section 36-81-3 of the Official Code of Georgia Annotated, relating to fiscal years of local governments, so as to extend the time period in which the Department of Community Affairs and local governments shall be required to adopt and use certain initial uniform charts of accounts; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 36-81-3 of the Official Code of Georgia Annotated, relating to fiscal years of local governments, is amended by striking subsection (e) and inserting in its place a new subsection (e) to read as follows:
"(e) The Department of Community Affairs, in cooperation with the Association County Commissioners of Georgia and the Georgia Municipal Association, shall develop local government uniform charts of accounts. The uniform charts of accounts, including any subsequent revisions thereto, shall require approval of the state auditor prior to final adoption by the Department of Community Affairs. All units of local government shall adopt and use such initial uniform charts of accounts within 18 months following adoption of the uniform charts of accounts by the Department of Community Affairs. The department shall adopt the initial local government uniform charts of accounts no later than December 31, 1998. The department shall be authorized to grant a waiver delaying adoption of the initial uniform charts of accounts for a period of time not to exceed two years upon a clear

~

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GENERAL ACTS AND RESOLUTIONS, VOL. I

demonstration that conversion of the accounting system of the requesting local government, within the time period specified in this subsection, would be unduly burdensome."
SECTION 2.

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

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

Approved May 1, 2000.

PROFESSIONS AND BUSINESSES - ATHLETE AGENTS.
Code Title 43, Chapter 4A Amended.
No. 850 (House Bill No. 1323).
AN ACT
To amend Chapter 4A of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of the profession of athlete agents, so as to provide for additional grounds for refusing to register or for disciplining an athlete agent, including prohibited contacts with an athlete, accepting as a client an athlete referred by an employee of an institution of higher education in exchange for consideration, offering anything of value to induce an athlete to enter into an agent contract, or postdating an agent contract; to change the provisions relating to criminal penalties; to change the provisions relating to notice of the signing of an agent contract that is given to an institution of higher education and the Georgia Athlete Agent Regulatory Commission; to provide for certain terms to be included in agent contracts, including the athlete's right to rescind the contract; to authorize an institution of higher education to bring a civil action against an athlete agent for the recovery of damages due to violations of Chapter 4A of Title 43; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 4A of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of the profession of athlete agents, is amended by striking in its entirety Code Section 43-4A-7, relating to the grounds for refusal or revocation of registration as an athlete agent, and inserting in lieu thereof a new Code Section 43-4A-7 to read as follows:

GEORGIA LAWS 2000 SESSION

1397

"434A-7.

(a) The commission, by a majority of its members present and voting, may refuse to grant a registration to an applicant therefor or may revoke a registration of a person registered by the commission or may discipline a person registered by the commission upon making a finding that the applicant or registrant or his or her representative or employee:

(1) Has made a material false, misleading, deceptive, untrue, or fraudulent representation as an athlete agent or in any document connected therewith or practiced fraud or deceit or made a false statement of a material nature in his or her application for registration or made a false or deceptive statement of a material nature on an application for biennial registration renewal with the commission;

(2) Has ever misappropriated funds or engaged in other specific acts such as embezzlement, theft, or fraud which would render him or her unfit to serve in a fiduciary capacity;

(3) Has engaged in such other conduct that has a significant adverse impact on his or her creditability, honesty, integrity, or competence to serve in a fiduciary capacity;

(4) Has engaged in conduct which results in a violation of any rule or regulation promulgated by an intercollegiate sports governing body;

(5) Has been convicted of a crime covered by Article 2 of Chapter 12 of Title 16 or has been convicted of a gambling offense in another state;

(6) Has been convicted of violating a statute, law, or any rule or regulation of this state, any other state, the commission, the United States, or any other lawful licensing authority, without regard to whether the violation is criminally punishable, which law, rule, or regulation relates to or in part regulates athlete agents, or violating a lawful order of the commission previously entered by the commission in a disciplinary hearing;

(7) Is unwilling to swear or affirm that he or she will comply with such rules and standards of conduct for athlete agents as may from time to time be promulgated by the commission;

(8) Has engaged in conduct which results in an athlete's losing eligibility to participate in intercollegiate sports contests as a member of a sports team of an institution of higher education;

(9) Except as provided in subsection (b) or (c) of this Code section, has directly or indirectly contacted an athlete prior to the completion of the athlete's last intercollegiate contest for the purpose of entering or soliciting entry into an agent contract;

1398

GENERAL ACTS AND RESOLUTIONS, VOL. I

(10) Has accepted as a client an athlete referred by and in exchange for any consideration made to an employee or coach of an institution of higher education;

(11) Has offered anything of value to any person to induce an athlete to enter into an agent contract; or

(12) Has postdated an agent contract.

(b) This chapter does not prohibit an athlete agent from sending to an athlete written materials, provided that the athlete agent simultaneously sends an identical copy of such written materials to the athletic director of the institution of higher education in which the athlete is enrolled, or with which the athlete has signed a national grant-in-aid, or to such athletic director's designee.

(c) This chapter does not prohibit an athlete agent from contacting an athlete for the purpose of entering or soliciting entry into an agent contract, provided that the athlete or the athlete's parent or guardian initiates the contact and the athlete agent gives prior notice of his or her contact to the athletic director of the institution of higher education in which the athlete is enrolled, or with which the athlete has signed a national grant-in-aid, or to such athletic director's designee.

(d) The refusal to grant a registration shall not be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Notice and hearing within the meaning of such chapter shall not be required. Notice of refusal to grant a registration is required to be sent by registered mail or personal service setting forth the particular reasons for the refusal. The written notice shall be sent to the applicant's address of record with the commission and the applicant shall be allowed to appear before the commission if the applicant so requests in writing."

SECTION 2.

Said chapter is further amended in Code Section 434A-11, relating to violations and criminal penalties, by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) Any person who engages in the occupation of an athlete agent with an athlete without complying with this chapter shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $5,000.00 nor more than $100,000.00 or by imprisonment from one to five years, or both."

GEORGIA lAWS 2000 SESSION

1399

SECTION 3.

Said chapter is further amended in Code Section 434A-16, relating to the signing of contracts prior to termination of an athlete's eligibility at an institution of higher education, by striking in its entirety paragraph (2) of subsection (a) and inserting in lieu thereof the following:

"(2) An athlete agent who signs an athlete to an agent contract prior to the termination of the athlete's eligibility to participate in intercollegiate sports contests at an institution of higher education shall provide written notice of the contract to the athletic director of the institution of higher education in which the athlete is enrolled or with which the athlete has signed a national grant-in-aid. The athlete agent must give the notice before the contracting athlete practices or participates in any intercollegiate athletic event or within 72 hours after entering into the contract, whichever comes first."

SECTION 4.

Said chapter is further amended by adding a new Code section, to be designated as Code Section 434A-16.1, to read as follows:

"434A-16.1.

(a) An agent contract must be in writing, state the fees and percentages to be paid by the athlete to the athlete agent, and have a notice printed near the athlete's signature containing the following statement in ten-point boldface type:

'NOTICE TO THE ATHLETE: WHEN YOU SIGN THIS CONTRACT, YOU WILL LIKELY IMMEDIATELY LOSE YOUR ELIGIBILITY TO COMPETE IN INTERCOLLEGIATE ATHLETICS. DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ IT AND FILLED IN ANY BLANK SPACES. YOU MAY CANCEL THIS CONTRACT BY NOTIFYING THE ATHLETE AGENT IN WRITING OF YOUR DESIRE TO CANCEL NOT lATER THAN THE FIFTEENTH DAY AFTER THE DATE YOU SIGN THIS CONTRACT. HOWEVER, EVEN IF YOU CANCEL THIS CONTRACT, THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION OR THE CONFERENCE TO WHICH YOUR COLLEGE OR UNIVERSITY BELONGS MAY NOT RESTORE YOUR ELIGIBILITY TO PARTICIPATE IN INTERCOLLEGIATE ATHLETICS.'

(b) An agent contract which does not meet the requirements of this Code section is void and unenforceable.

1400

GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) The athlete shall have the right to rescind an agent contract by giving written notice to the athlete agent of the athlete's rescission of the contract within 15 days after the date on which the agent signs the contract. The athlete may not under any circumstances waive the athlete's right to rescind the agent contract.

(d) A postdated agent contract is void and unenforceable.

(e) An athlete agent shall not enter into an agent contract that purports to take effect or takes effect at a future time after the athlete no longer has remaining eligibility to participate in intercollegiate athletics. Such a contract is void and unenforceable."

SECTION 5.

Said chapter is further amended by adding at the end thereof a new Code section, to be designated as Code Section 43-4A-20, to read as follows:

"43-4A-20.

(a) An institution of higher education may bring a civil action for recovery of damages against an athlete agent if the institution of higher education is damaged by the acts of the athlete agent or the athlete agent's representative or employee in violation of this chapter. Such action shall be brought within four years after the right of action accrues.

(b) An institution of higher education is presumed to be damaged by the acts of an athlete agent or the athlete agent's representative or employee if, because of those acts:

(1) The institution of higher education is penalized, suspended, or disqualified from participation in one or more interscholastic or intercollegiate athletic events by the National Collegiate Athletic Association or by an intercollegiate athletic conference; and

(2) As a result of said penalty, suspension, or disqualification, the institution of higher education suffers an adverse financial impact due to:

(A) Loss of revenue from media coverage of a sports contract;

(B) Loss of the right to grant an athletic scholarship;

(C) Loss of the right to recruit an athlete;

(D) Loss of the right to participate in a postseason athletic competition;

(E) Forfeiture of an athletic contest; or

(F) Loss of other discernible opportunities through which the institution would have realized revenue.

GEORGIA LAWS 2000 SESSION

1401

(c) An institution of higher education that prevails in an action brought under this Code section may recover actual damages, punitive damages, court costs, and reasonable attorneys' fees."

SECTION 6.

This Act shall become effective on July 1, 2000, and shall apply with respect to acts occurring on or after that date.

SECTION 7.

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

Approved May 1, 2000.

ALCOHOLIC BEVERAGES - UNTAXED OR FOREIGN-PURCHASED BEVERAGES; WINES SHIPPED DIRECTLY TO CONSUMERS.
Code Title 3 Amended.
No. 851 (House Bill No. 1273).
AN ACT
To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for a limit on the quantities of alcoholic beverages which an individual may possess and transport in this state if such alcoholic beverages were purchased in this state and the excise taxes were paid in this state; to authorize the direct shipment of wine to consumers in this state from outside this state upon obtaining a special order shipping license from the commissioner of revenue; to provide for quantity limits; to provide for procedures; to require collection and remission of applicable excise taxes; to authorize the commissioner of revenue to promulgate appropriate rules and regulations; to provide for conditions under which a winery may ship wine directly to consumers in this st,tte for personal or household use; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking in its entirety Code Section 3-3-8, relating to the possession and transportation of lawfully purchased alcoholic beverages upon which taxes have not been paid in this state, and inserting in lieu thereof the following:

1402

GENERAL ACTS AND RESOLUTIONS, VOL. I

"3-3-8.

(a)(1) An individual may possess and transport in this state the following quantities of alcoholic beverages upon which the taxes imposed by this title have not been paid:

(A) In the case of distilled spirits, not in excess of one-half gallon;

(B) In the case of malt beverages, not in excess of 576 ounces or two standard cases of 12 ounce cans or the equivalent thereof or one 7.75 gallon keg or barrel; and

(C) In the case of wine, not in excess of one-half gallon, except where the wine possessed was purchased and shipped pursuant to Code Section 3-6-32 and where the possessor has in his or her possession documentation evidencing that the wine was so purchased and shipped.

(2) Upon paying the excise taxes imposed by this title, an individual may possess and transport in this state the following quantities of alcoholic beverages purchased outside this state for personal or household use:

(A) In the case of distilled spirits, not in excess of one gallon;

(B) In the case of malt beverages, not in excess of two standard cases or the equivalent thereof; and

(C) In the case of wine, not in excess of two standard cases or the equivalent thereof.

(3) Whenever alcoholic beverages upon which the taxes imposed by this title have not been paid are being transported in a motor vehicle or other conveyance capable of transporting people, each individual in such motor vehicle or other conveyance, who is authorized to possess alcoholic beverages shall be entitled to the exemptions set forth in paragraph (1) of this subsection, and there shall be no presumption that all alcoholic beverages in the motor vehicle are possessed by the owner or operator of the motor vehicle. Where alcoholic beverages are possessed in excess of the exemptions set forth in paragraph (1) of this subsection, the possessor must have in his or her possession documentation evidencing that the excise taxes imposed by this title have been paid to the commissioner.

(b) This Code section shall apply only with respect to alcoholic beverages purchased by the possessor outside of this state in accordance with the laws of the place where purchased and brought into this state by the purchaser. The burden of proof that the beverages were purchased outside this state and in accordance with the laws of the place where purchased shall in all cases be upon the possessor of the beverages."

GEORGIA lAWS 2000 SESSION

1403

SECTION 2.

Said title is further amended by inserting at the end of Article 2 of Chapter 6, relating to state license requirements and regulations for distribution and sale of wine, new Code Sections 3-6-30, 3-6-31, and 3-6-32 to read as follows:

"3-6-30.

The General Assembly reaffirms the findings, determinations, and declarations in Code Section 3-3-31 regarding direct shipments of alcoholic beverages, but creates limited exceptions set forth in Code Sections 3-6-31 and 36-32 to permit the direct shipment of wine to residents of this state under certain circumstances.

3-6-31.

(a) Notwithstanding any other provision of this title to the contrary, a shipper, without complying with the provisions of Code Section 3-6-22, may be authorized to make direct shipments of wine to consumers in this state upon obtaining a special order shipping license from the commissioner.

(b) A special order shipping license shall only be issued to a person who holds a valid federal basic wine manufacturing permit and who is not otherwise licensed under this title, upon compliance with all applicable provisions of this title and the regulations promulgated pursuant to this title, and upon payment of the license fee designated for retail dealers in Code Section 3-620.

(c) A special order shipping license shall entitle the shipper to ship wine upon order directly to consumers for personal or household use in this state without designating wholesalers as required by Code Section 3-6-22, provided that:

(1) The holder of a special order shipping license shall only ship brands of wine for which he or she has submitted labels to the commissioner;

(2) No holder of a special order shipping license shall be permitted to ship in excess of 50 cases of wine of one brand or a combination of brands into this state or in excess of five cases of wine of one brand or a combination of brands to any one consumer or address per calendar year;

(3) Before accepting an order from a consumer in this state, the holder of a special order shipping license shall require that the person placing the order state affirmatively that he or she is of the age required by Code Section 3-3-23;

(4) No holder of a special order shipping license shall accept any order for any wine that is otherwise registered and designated pursuant to this title or from a person who is licensed under this title; and

,

1404

GENERAL ACTS AND RESOLUTIONS, VOL. I

(5) Every shipment of wine by the holder of a special order shipping license shall be clearly marked 'Alcoholic Beverages, Adult Signature Required' and the carrier delivering such shipment shall obtain the signature of an adult as a condition of delivery.

(d) The failure to comply strictly with the requirements of this Code section, Code Section 3-3-23, and all applicable provisions of this title and regulations promulgated pursuant to this title shall be grounds for the revocation of a special order shipping license or other disciplinary action by the commissioner. Upon revocation of a special order shipping license for shipment of wine to a person not of age as required by Code Section 3-3-23, such person shall not be issued any license pursuant to this Code section for a period of five years from the date of revocation.
(e) The holder of a special order shipping license shall collect all excise taxes imposed by Code Section 3-6-50, shall remit such taxes in the same manner as licensed wine wholesalers, and shall accompany such remittance with such reports, documentation, and other information as may be required by the commissioner.
(f) The commissioner may promulgate such rules and regulations as are necessary and appropriate for the enforcement of this Code section.
3-6-32.

(a) Notwithstanding any other provision of this title to the contrary, a winery located within this state or outside this state that holds a federal basic wine manufacturing permit, whether licensed under this title or not and without regard to brand or label registrations or designations of wholesalers pursuant to Code Section 3-6-22, shall be permitted to ship wine directly to consumers in this state for personal or household use under the following circumstances:

(1) The consumer must purchase the wine while physically present on the premises of the winery;
(2) The winery must verifY that the consumer purchasing the wine is of the age required by Code Section 3-3-23 and is not licensed pursuant to this title; and

(3) No winery shall ship in excess of five cases of any brand or combination of brands to any one consumer or any one address in this state in any calendar year.
(b) The commissioner may promulgate such rules and regulations as are necessary and appropriate for the enforcement of this Code section."

GEORGIA LAWS 2000 SESSION

1405

SECTION 3.

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

Approved May 1, 2000.

ALCOHOLIC BEVERAGES - SALES ON ELECTION DAYS.
Code Section 3-3-20 Amended.
No. 852 (House Bill No. 1339).
AN ACT
To amend Code Section 3-3-20 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on Sundays, election days, and Christmas Day, so as to provide that in any county or municipality in which the sale of alcoholic beverages is authorized, the sale of alcoholic beverages in compliance with such authorization shall be authorized and legal on any election day; to provide exceptions; to provide that the local governing authority of any county in which the sale of alcoholic beverages is authorized and the local governing authority of any municipality in which the sale of alcoholic beverages is authorized may, by ordinance, prohibit the sale of alcoholic beverages on any election days; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 3-3-20 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on Sundays, election days, and Christmas Day, is amended by striking in its entirety paragraph (2) of subsection (b) and inserting in lieu thereof a new
"(2) (A) Except as provided in subparagraph (B) of this paragraph and paragraph (3) of this subsection, in any county or municipality in which the sale of alcoholic beverages is authorized, the sale of alcoholic beverages in compliance with such authorization shall be authorized and legal on any election day.
(B) The local governing authority of any county in which the sale of alcoholic beverages is authorized and the local governing authority of any municipality in which the sale of alcoholic beverages is authorized may, by ordinance, prohibit the sale of alcoholic beverages on any election days. In any case where the governing authority of a county or municipality has passed an ordinance prohibiting the sale of alcoholic beverages on any election days as authorized by this subparagraph, such pro-

!

1406

GENERAL ACTS AND RESOLUTIONS, VOL. I

hibition shall apply only within the territorial boundaries for which the election is held but such territorial boundaries shall not include any property owned or operated by a county, municipality, or other political subdivision of this state for airport purposes if no person resides on such publicly owned or operated property."

SECTION 2.

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

Approved May 1, 2000.

PROFESSIONS AND BEVERAGES - CHIROPRACTORS, REGISTERED NURSES, AND PODIATRISTS; SPECIAL LICENSES.
Code Section 43-1-28 Enacted.
No. 854 (House Bill No. 1352).
AN ACT
To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding professions and businesses, so as to provide for special licensing of certain retired and other health care practitioners; to provide for a short title and definitions; to provide for conditions and limitations; to provide for liability and immunity from liability; to provide for statutory construction; to provide for automatic repeal and expiration of licenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 43 of the Official Code of Georgia Annotated, is amended by adding at the end a new Code section to read as follows:
"43-1-28.
(a) This Code section shall be known and may be cited as the 'Georgia Volunteers in Health Care Specialities Act.'
(b) As used in this Code section, the term:
(1) 'Health care board' means that state examining board which licenses a health care practitioner under this title.
(2) 'Health care practitioner' means a chiropractor, registered professional nurse, or podiatrist.
(3) 'Health care specialty' means the practice of chiropractic, nursing, or podiatry.

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(c) Notwithstanding any other provision of law, each health care board may issue a special license to qualifying health care practitioners whose health care specialty is licensed by that board under the terms and conditions set forth in this Code section. The special license may only be issued to a person who:
(1) Is currently licensed to practice the applicable health care specialty in any health care specialty licensing jurisdiction in the United States and whose license is in good standing; or
(2) Is retired from the practice of the health care specialty and not currently engaged in such practice either full time or part time and has, prior to retirement, maintained full licensure in good standing in the applicable health care specialty licensing jurisdiction in the United States.
(d) The special licensee shall be permitted to practice the health care specialty only in the noncompensated employ of public agencies or institutions, not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide health care specialty services only to indigent patients in areas which are underserved by that specialty or critical need population areas of the state, as determined by the board which licenses that specialty.
(e) The person applying for the special license under this Code section shall submit to the appropriate health care board a copy of his or her health care specialty degree, a copy of his or her health care specialty license in his or her current or previous licensing and regulating jurisdiction, and a notarized statement from the employing agency, institution, corporation, or association on a form prescribed by that board, whereby he or she agrees unequivocally not to receive compensation for any health care specialty services he or she may render while in possession of the special license.

(f) Examinations by the health care board, any application fees, and all licensure and renewal fees may be waived for the holder of the special license under this Code section.
(g) If, at the time application is made for the special license, the health care practitioner is not in compliance with the continuing education requirements established by the health care board for the applicable health care specialty, the health care practitioner shall be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license.
(h) The liability of persons practicing a health care specialty under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by Code Section

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GENERAL ACTS AND RESOLUTIONS, VOL. I

51-1-29.1, except that a podiatrist engaged in such practice and an employer thereof shall have the same immunity from liability as provided other health care practitioners under Code Section 51-1-29.1.

(i) This Code section, being in derogation of the common law, shall be strictly construed."

SECTION 2.

This Act shall be automatically repealed July 1, 2003, upon which date any special license issued pursuant to this Act shall also expire.

SECTION 3.

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

Approved May 1, 2000.

REVENUE AND TAXATION - SALES UNDER TAX EXECUTIONS; QUIA TIMET PROCEEDINGS TO REMOVE CLOUDS ON TITLE FOLLOWING
SALES.
Code Sections 23-343 and 23-344 Enacted. Code Section 484-1 Amended.
No. 855 (House Bill No. 1354).
AN ACT
To amend Part 1 of Article 3 of Chapter 3 of Title 23 of the Official Code of Georgia Annotated, relating to conventional quia timet, so as to provide for optional submission to a special master; to provide for the use of conventional quia timet to remove clouds on title caused by equities of redemption following tax sales; to amend Article 1 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to sales under tax executions, so as to provide for an alternative method of describing real property being sold for taxes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 3 of Chapter 3 of Title 23 of the Official Code of Georgia Annotated, relating to conventional quia timet, is amended by adding at the end thereof new Code Sections 23-343 and 23-344 to read as follows:

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"23-3-43.
At the option of the complainant as prayed for in the complaint, the court, upon receipt of the complaint, shall submit the same to a special master as provided for in Code Sections 23-3-63 through 23-3-68, except that as in other equity cases there shall be no right to a jury trial.

23-3-44.
Proceedings quia timet may be used to remove clouds on title caused by equities of redemption following tax sales. Provided, however, that the length of time for redemption shall remain as provided by law and nothing herein shall preclude the necessity of giving all parties at interest notice of this proceeding."
SECTION 2.

Article 1 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to sales under tax executions, is amended by adding at the end of Code Section 48-4-1, relating to procedures for sales under tax levies and executions, a new subsection (c) to read as follows:

"(c) In advertisements for sales under tax executions, the property being sold may alternatively be described by tax parcel identification number and current street address, if any, together with a reference to the recording information for any deed conveying title to such property, without the necessity of using a full and complete description of the property."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

Approved May 1, 2000.

EDUCATION - UNIVERSITY OF GEORGIA LIBRARIES; DOCUMENTS SUPPLIED IN ELECTRONIC FORM TO DIRECTOR.
Code Section 20-5-2 Amended.
No. 856 (House Bill No. 1358).
AN ACT
To amend Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Technical and Adult Education and the director of University of Georgia Libraries and reports of state publications, so as to provide that any person or agency required to submit to

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GENERAL ACTS AND RESOLUTIONS, VOL. I

the director of the University of Georgia Libraries copies of documents shall also submit such documents in electronic form if such is available; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Technical and Adult Education and the director of University of Georgia Libraries and reports of state publications, is amended by inserting at the end thereof the following:

"(m) Any person or agency required by the provisions of this Code section to submit to the director of the University of Georgia Libraries copies of documents shall also submit such documents in such electronic form as the director shall specify, if such electronic form is readily available."

SECTION 2.

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

Approved May 1, 2000.

STATE GOVERNMENT - STATE RECORDS COMMITTEE; MEMBERSHIP.
Code Section 50-18-92 Amended.
No. 857 (House Bill No. 1363).
AN ACT
To amend Article 5 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state records management, so as to increase the membership of the State Records Committee by adding a representative of a governing body as a member of the State Records Committee; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 5 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state records management, is amended by striking in its entirety subsection (a) of Code Section 50-18-92, relating to membership of the State Records Committee, and inserting in lieu thereof a new subsection (a) to read as follows:

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"(a) There is created the State Records Committee, to be composed of the Governor, the Secretary of State, an appointee of the Governor who is not the Attorney General, the state auditor, and an officer of a governing body, as such terms are defined in subsection (a) of Code Section 50-18-99, to be appointed by the Secretary of State, or their designated representatives. It shall be the duty of the committee to review, approve, disapprove, amend, or modify retention schedules submitted by agency heads, school boards, county governments, and municipal governments through the department for the disposition of records based on administrative, legal, fiscal, or historical values. The retention schedules, once approved, shall be authoritative, shall be directive, and shall have the force and effect of law. A retention schedule may be determined by three members of the committee. Retention schedules mai be amended by the committee on change of program mission or legislative changes affecting the records. The Secretary of State shall serve as chairperson of the committee and shall schedule meetings of the committee as required. Three members shall constitute a quorum. Each agency head has the right of appeal to the committee for actions taken under this Code section."

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 May 1, 2000.

PUBLIC OFFICERS AND EMPLOYEES - STATE EMPLOYEES' HEALTH INSURANCE PLAN; COVERAGE OF CERTAIN PERSONS.
Code Section 45-18-7.6 Enacted. Code Section 45-18-9 Amended.
No. 858 (House Bill No. 1379).
AN ACT
To amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide that the Board of Community Health is authorized to contract with the Georgia-Federal State Inspection Service for inclusion in such plan of state employees and retiring employees of such service and their spouses and dependent children; to change certain provisions relating to continuation of coverage under the state health insurance plan for spouses or dependents of deceased employees; to repeal conflicting laws; and for other purposes.

,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, is amended by inserting immediately following Code Section 45-18-7.5 a new Code section to read as follows:
"45-18-7.6.
The board is authorized to contract with the Georgia-Federal State Inspection Service for the inclusion in any health insurance plan or plans established under this article of the state employees and retiring employees of the Georgia-Federal State Inspection Service and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia-Federal State Inspection Service to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees, retired employees, or dependents as may be required under the board's regulations. In addition, it shall be the duty of the Georgia-Federal State Inspection Service to make the employer contributions required for the operation of such plan or plans."
SECTION 2.
Said article is further amended by adding to Code Section 45-18-9, relating to continuation of coverage under the state health insurance plan for spouses or dependents of deceased employees, a new subsection (e) to read as follows:
"(e) If any employee of this state is killed while acting within the scope of his or her employment or receives bodily injury while acting within the scope of his or her employment that directly results in death thereafter, eligible dependents may continue coverage, provided that:
(1) The deceased employee was the primary or principal beneficiary of any contract or contracts for health insurance established under this article;
(2) At the time of death, the employee included his or her eligible dependents under such contract or contracts for health insurance;
(3) At the time of death, the employee maintained continuous coverage during the period between injury and death;
(4) The eligible dependents agree to pay the contributions to the cost of such coverage; and

GEORGIA lAWS 2000 SESSION

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(5) The eligible dependents pay such contributions in accordance with the rules and regulations promulgated and adopted by the board governing the continuance, discontinuance, and resumption of coverage by such eligible dependents."

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

Approved May 1, 2000.

INSURANCE - PROPERTY; SURETY BONDS; SURETY INSURERS.
Code Section 33-7-6 Amended.
No. 859 (House Bill No. 1381).
AN ACT
To amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, limits of risk, and reinsurance, so as to change what is considered to be property insurance; to raise certain limits; to require that only surety insurers authorized to transact business in this state may issue certain surety bonds; to provide that certain contracts must list on the cover page the telephone number and contact person for the surety insurer in addition to other 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.
Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, limits of risk, and reinsurance, is amended by striking Code Section 33-7-6, relating to property insurance, in its entirety and inserting in lieu thereof a new Code section to read as follows:
"33-7-6.
(a) Property insurance 1s msurance on real or personal property of every kind and interest therein against loss or damage from any or all hazards or causes and against loss consequential upon such loss or damage other than noncontractual legal liability for any such loss or damage. Property insurance shall also include miscellaneous insurance as defined in paragraph (10) of Code Section 33-7-3, except as to any noncontractual liability coverage includable therein.
(b) Property insurance also includes:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

'

(1) Any contract, agreement, or instrument whereby a person assumes the risk of and the expense or portion thereof for the mechanical breakdown or mechanical failure of a motor vehicle and shall include those agreements commonly known as vehicle service agreements or extended warranty agreements, if made by a person other than the motor vehicle manufacturer in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of a motor vehicle sold in conjunction therewith, except that this provision shall not apply to an agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsurance contract or, without regard to the requirement that the insurance cannot be obtained from an insurer authorized to do business in this state as required by Code Section 33-5-21, to an agreement underwritten by a surplus lines insurer which has not been rejected by the Commissioner for such purpose;
(2) Any contract, agreement, or instrument whereby a person assumes the risk of and the expense or portion of such expense for the structural or mechanical breakdown, loss of, or damage to a one-family or two-family residential building structure or any part thereof from any cause, including loss of or damage to or loss of use of the building structure or major components thereof which are attached to and become a part of said structure by reason of depreciation, deterioration, wear and tear, use, obsolescence, or breakage, if made by a person other than the constructing contractor or manufacturer of the building structure or part thereof in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of such building structure sold in conjunction therewith, except that this provision shall not apply to an agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsurance contract or underwritten by a surplus line insurer approved by the Commissioner nor shall this provision apply to an agreement: (A) the performance of which is guaranteed by a surety bond executed by an authorized corporate surety insurer in favor of and approved by the Commissioner in an amount of not less than $1.5 million; provided further that a surety bond of an additional $100,000.00 shall be required for every additional $500,000.00 in written premium above $2 million in written premium. Any company relying upon one or more bonds pursuant to this subsection shall keep such bonds or equivalent coverage in place until the expiration of the contract, agreement, or instrument contemplated in this paragraph; or (B) notwithstanding with a duration of 13 months or less covering damage to or loss of use of the major appliances located in an existing or resold home where the performance of any covered repair is guaranteed by a surety bond executed by a corporate surety insurer authorized to offer surety insurance in this state in favor of the Commissioner and in an amount

GEORGIA LAWS 2000 SESSION

1415

which in the discretion of the Commissioner will provide adequate protection to all the residents of this state who are covered by such agreements, provided that such amount shall not be less than $100,000; or

(3) Any contract, agreement, or instrument, other than an agreement, contract, or instrument covered by paragraphs (1) and (2) of this subsection, whereby a person assumes the risk of and the expense or portion thereof for the cost of repair or replacement of a product if such contract, agreement, or instrument is made by a person other than the manufacturer in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of the product sold in conjunction therewith, except that this provision shall not apply to:

(A) An agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsurance contract;

(B) Any contract, agreement, or instrument relating to similar services furnished by any air carrier that provides interstate air transportation;

(C) Any tire replacement contract, agreement, or instrument; or

(D) A contract, agreement, or instrument whereby a retailer in the business of selling electrical or electronic consumer products assumes the risk of and the expense or portion thereof for the cost of repair or replacement of electrical or electronic consumer products where such contract, agreement, or instrument is guaranteed by a surety bond executed by a corporate surety insurer authorized to offer surety insurance in this state in favor of and approved by the Commissioner in an amount of not less than $100,000.00.

(c) (1) Any contract, agreement, or instrument, as defined in paragraphs (1), (2), and (3) of subsection (b) of this Code section, shall state clearly and conspicuously on the cover page the name and address of the insurer which has underwritten the contract, agreement, or instrument, either directly or through a reinsurance contract. Any contract, agreement, or instrument as defined in paragraphs (2) and (3) of subsection (b) of this Code section, the performance of which is guaranteed by a surety insurer, shall state clearly and conspicuously on the cover page the name, address, telephone number, and principal contact person of the surety insurer.

(2) In the event a contract, agreement, or instrument is issued by a party other than an insurer so that the holder thereof, in the first instance, must make a claim or request for refund pursuant to paragraph (3) of this subsection against a party other than the insurer, the contract, agreement, or instrument shall provide that the holder shall be entitled to make a direct claim against the insurer upon the failure of the issuer to

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GENERAL ACTS AND RESOLUTIONS, VOL. I

pay any claim or to refund the consideration paid by the holder for the contract, agreement, or instrument within 60 days after proof of loss has been filed with the issuer.

(3) The contract, agreement, or instrument shall be noncancelable by the issuer except for fraud, material misrepresentation, or failure to pay the consideration due therefor. The cancellation shall be in writing and shall conform to the requirements of Code Section 33-2444. The holder may cancel at any time upon demand and surrender of the contract, agreement, or instrument whereupon the issuer shall refund the excess of the consideration paid for the contract, agreement, or instrument above the customary short rate for the expired term of the contract, agreement, or instrument.

(d) The Commissioner shall have the power and authority to promulgate rules and regulations regarding vehicle service agreements or extended warranty agreements as described in paragraph (1) of subsection (b) of this Code section. Such rules and regulations shall include filing requirements, disclosures for the benefit of the agreement holder, record keeping, and procedures for public complaints. Such rules and regulations shall also include the conditions under which surplus lines insurers may be rejected for the purpose of underwriting vehicle service agreements and extended warranty agreements."

SECTION 2.

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

Approved May 1, 2000.

ALCOHOLIC BEVERAGES - SALES OF BEVERAGES BY CRUISE SHIPS.
Code Sections 3-9-1 and 3-9-2 Amended.
No. 860 (House Bill No. 1383).
AN ACT
To amend Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to certain sales of alcoholic beverages by public carriers and nonprofit organizations, so as to authorize the distribution or sale of distilled spirits and wine and malt beverages under certain conditions by cruise ships; to provide for an annual authorization fee; to provide for payment of taxes on containers; to provide for reports; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1.

Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to certain sales of alcoholic beverages by public carriers and nonprofit organizations, is amended by striking in its entirety Code Section 3-9-1, relating to authorization of distribution or sale of distilled spirits by airline and railway passenger carriers, and inserting in lieu thereof a new Code Section 3-9-1 to read as follows:
"3-9-1.
(a) Notwithstanding anything contained in this title or any other law, the commissioner may authorize the distribution or sale of containers of distilled spirits, containing not more than 50 milliliters per container, by licensed airlines, railway passenger carriers, and cruise ships.
(b) These passenger carriers and cruise ships shall annually obtain, for a fee of $100.00, an authorization from the commissioner for the distribution or sale of such containers.

(c) The carriers and cruise ships shall pay taxes in the proper amounts on the containers distributed or sold in or over the state.
(d) The carriers and cruise ships shall file reports of all distributions or sales of the containers with the commissioner on or before the fifteenth day of the month following the month of distribution or sale and shall remit the proper tax for the distributions or sales at that time. The carriers and cruise ships shall further report to the commissioner any other information the commissioner may deem necessary for the purposes of this title."
SECTION 2.

Said article is further amended by striking in its entirety Code Section 3-9-2, relating to authorization of distribution or sale of wine and malt beverages by airline and railway passenger carriers, and inserting in lieu thereof a new Code Section 3-9-2 to read as follows:
"3-9-2.

(a) Notwithstanding anything contained in this title or any other law, the commissioner may authorize the distribution or sale of wine and malt beverages in variously sized containers by licensed airlines, railway passenger carriers, and cruise ships.

(b) The carriers and cruise ships shall annually obtain, for a fee of $50.00 for a wine license and $50.00 for a malt beverage license, an authorization from the commissioner for the distribution or sale of wine and malt beverages in variously sized containers.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) The carriers and cruise ships shall pay taxes in the proper amounts on the containers distributed or sold in or over the state.

(d) The carriers and cruise ships shall file reports of all distributions or sales of the containers with the commissioner on or before the fifteenth day of the month following the month of distribution or sale and shall remit the proper tax for the distributions or sales at that time. The carriers and cruise ships shall further report to the commissioner any other information the commissioner may deem necessary for the purposes of this title."
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Approved May 1, 2000.

CRIMES AND OFFENSES - FIREARMS; BACKGROUND CHECKS; PEACE OFFICERS.
Code Section 16-11-181 Amended.
No. 861 (House Bill No. 1392).
AN ACT
To amend Code Section 16-11-181 of the Official Code of Georgia Annotated, relating to inapplicability of state Brady law regulations to certain firearms and persons, so as to eliminate an exemption from backgrounds checks for certain peace officers; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 16-11-181 of the Official Code of Georgia Annotated, relating to inapplicability of state Brady law regulations to certain firearms and persons, is amended by striking subsection (a) and inserting in lieu thereof the following:
"(a) The provisions of this part shall not apply to:
(1) Any firearm, including any handgun with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898;

GEORGIA LAWS 2000 SESSION

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(2) Any replica of any firearm described in paragraph (1) of this subsection if such replica is not designed or redesigned to use rimfire or conventional center-fire fixed ammunition or uses rimfire or conventional center-fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade;

(3) Any firearm which is a curio or relic as defined by 27 C.F.R. 178.11; and

(4) Potential buyers or transferees who hold a valid permit or license to carry a pistol or revolver pursuant to Code Section 16-11-129 and who exhibit such permit or license to a licensed dealer."

SECTION lB.

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

SECTION 2.

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

Approved May 1, 2000.

COURTS -JUVENILE COURTS; TRANSFER OF PROSECUTION OF CERTAIN AGGRAVATED BATTERY OFFENSES TO ANOTHER COURT.
Code Section 15-11-30.2 Amended.
No. 862 (House Bill No. 1405).
AN ACT
To amend Code Section 15-11-30.2 of the Official Code of Georgia Annotated, relating to transfer to another court for prosecution and termination of juvenile court jurisdiction, so as to provide a short title; to provide that a juvenile may be transferred to another court at age 13 or 14 for trial regarding alleged aggravated battery in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1.

This Act shall be known as the "Linda Gail Hendrick Act." SECTION 2.

Code Section 15-11-30.2 of the Official Code of Georgia Annotated, relating to transfer to another court for prosecution and termination of juvenile court jurisdiction, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) 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 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 15-11-41, 15-11-6, and 15-11-7;

(2) Notice in writing of the time, place, and purpose of the hearing is given to the child and his or her 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:

(A) Was at least 15 years of age at the time of the alleged delinquent conduct; or

(B) Was 13 or 14 years of age and either committed an act for which the punishment is loss of life or confinement for life in a penal institution or committed aggravated battery resulting in serious bodily injury to a victim."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

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1421

HEALTH - DEPARTMENT OF COMMUNITY HEALTH; TEACHING HOSPITALS; GEORGIA BOARD FOR PHYSICIAN WORKFORCE.

Code Sections 31-7-95 and 49-10-1 Amended.

No. 863 (House Bill No. 1411).

AN ACT

To amend Code Section 31-7-95 of the Official Code of Georgia Annotated, relating to funding of teaching hospitals, so as to provide for such funding through the Department of Community Health and change the provisions regarding payment amounts; to amend Code Section 49-10-1 of the Official Code of Georgia Annotated, relating to the Georgia Board for Physician Workforce membership, so as to change the manner of employing administrative staff; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 31-7-95 of the Official Code of Georgia Annotated, relating to funding of teaching hospitals, is amended by striking subsections (c) and (d) thereof and inserting in their place the following:

"(c) For each resident receiving medical education and training through a teaching hospital operated by a hospital authority or designated teaching hospital, the Department of Community Health shall pay no more than $10,000.00 per annum to the hospital authority or designated teaching hospital. Such payments shall be made based upon certifications by the hospital authorities or designated teaching hospitals to the Department of Community Health. The Department of Community Health is authorized to designate the Georgia Board for Physician Workforce to promulgate rules and regulations specifying procedures for making the certifications provided for in this Code section and to establish a procedure for making payments to hospital authorities and designated teaching hospitals as provided in this Code section.

(d) The funds necessary to carry out this Code section shall derive from funds appropriated for such purpose to the Department of Community Health. In the event the funds appropriated by the General Assembly are insufficient to fund the full amount payable to hospital authorities or designated teaching hospitals under subsection (c) of this Code section, the amount otherwise payable thereunder shall be reduced pro rata in accordance with the funds actually appropriated for such purpose. The Department of Community Health shall have the authority to promulgate rules and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

regulations to carry out the provisions of this Code section. No additional teaching hospitals will be added until such funds have been made available for any additional teaching hospitals."
SECTION 2.
Code Section 49-10-1 of the Official Code of Georgia Annotated, relating to Georgia Board for Physician Workforce membership, is amended by striking subsection (d) thereof and inserting in its place the following:

"(d) The Department of Community Health, with the concurrence of the board, shall have the authority to employ such administrative staff as is necessary to carry out the functions of the board. Such staff members shall be employed within the limits of the appropriations made to the board."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Approved May 1, 2000.

PENAL INSTITUTIONS - RELEASE OF INMATE; PRIOR NOTICE BY DEPARTMENT OF CORRECTIONS.
Code Section 42-5-9 Amended.
No. 864 (House Bill No. 1412).
AN ACT
To amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, so as to require the Department of Corrections to notify the presiding judge and victims when an inmate is released; to change the means of notifying district attorneys and local law enforcement agencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, is amended by striking Code Section 42-5-9, relating to notification of district attorney and local law enforcement agencies of projected release date of an inmate, and inserting in lieu thereof a new Code section to read as follows:

GEORGIA lAWS 2000 SESSION

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"42-5-9.

At least 15 days prior to the projected release date of any inmate scheduled to be released pursuant to the authority of the department, the department shall notify the following persons of such projected release date by the following methods:

(1) Each district attorney and all local law enforcement agencies throughout the state by making the necessary information available on a publicly accessible Web site; and

(2) The presiding judge and the victims of crimes against the person by mail or electronic transmission. Notice to the victim shall only be required when the victim has provided the department with his or her current address. The notice to the victim or victims as required by the department herein shall be 'reasonable' notice and no liability or sanctions to the department related to notification or failure to notify shall lie against the department, its officers, or employees if said attempt at notice is of a 'reasonable' effort."

SECTION 2.

This Act shall become effective on January 1, 2001.

SECTION 3.

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

Approved May 1, 2000.

STATE GOVERNMENT- DEPARTMENT OF COMMUNITY AFFAIRS; GRANTS AND LOANS; STATE COMMUNITY DEVELOPMENT PROGRAM.
Code Section 50-8-8 Amended.
No. 865 (House Bill No. 1413).
AN ACT
To amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Community Mfairs, so as to revise and change certain provisions regarding grants and other disbursements of funds; to provide for procedures, conditions, and limitations with respect to certain loans; to create the state community development program; to provide for funds and use thereof; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1.

Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Community Mfairs, is amended by striking Code Section 50-8-8, relating to grants and other disbursements of funds, and inserting in its place a new Code Section 50-8-8 to read as follows:

"50-8-8.

(a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall make grants or loans to eligible recipients or qualified local governments, which grants or loans are specified by amount, recipient, and purpose in an appropriation to the department. The department shall also grant to any school district the proceeds of any general obligation debt for educational facilities for which the department is named user agency and the school district is named recipient in an appropriation authorizing the debt. The department may make grants or loans to eligible recipients or qualified local governments from appropriations made to the department generally for grant or loan purposes, without appropriations language specifying amounts, recipients, and purposes. The department:
(1) Shall disburse such grants or loans on the basis of criteria which include consideration of matters such as legishttive intent; local, regional, or state-wide impact or benefit; public exigencies or emergencies; enhancement of community and economic development opportunities; improvement or expansion of government operations or services; community health, safety, and economic well-being; coordinated and comprehensive planning in accordance with minimum standards and procedures; and any other similar criteria that may from time to time be established by the department; and

(2) May condition the award of any such grants or loans to a county or municipality upon the county or municipality, as the case may be, being a qualified local government.

(b) The department shall direct the distribution of any appropriations or other funds available for coordinated and comprehensive planning in accordance with the Act of the General Assembly providing for such appropriations. No grant or loan by the department to any eligible recipient or qualified local government shall adversely affect any grant, loan, or service to the eligible recipient or qualified local government by any other unit or instrumentality of state government. Without limiting the foregoing, the Department of Education, the Department of Transportation, the Georgia Environmental Facilities Authority, and the director of the Office of Treasury and Fiscal Services shall not diminish or fail to award any funds, loans, or service

GEORGIA LAWS 2000 SESSION

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to any recipient under any state or federal program in whole or in part on account of a grant or loan by the department. Grants or loans by the department are and shall be deemed to be of a special nature and in addition to all such other grants, loans, or awards. The following provisions shall apply to making such funds available to eligible recipients or qualified local governments:

(1) The department may make available funds by grant or loan to an eligible recipient or qualified local government, by direct payments on behalf of an eligible recipient or qualified local government, or by any other lawful means. In the event the department determines that, in its judgment, a regional development center has failed to comply with its duties as provided by law or with the terms of a contract between such regional development center and a local government, the department shall be authorized to make payments, which it otherwise would have made to the regional development center, directly to the local government or as the department otherwise determines in order to carry out the duties of the regional development center under the law or such contract;

(2) The department may accept, use, and disburse gifts and grants made to it on terms consistent with its legal powers, from any public or private source;

(3) The department shall specifY the terms under which it makes any funds available to an eligible recipient or qualified local government. The terms shall be those established or otherwise required by the government or other source which makes the funds available to the department. If such government or other source does not establish or otherwise require any such terms, the department may establish the terms;

(4) The department shall set forth in writing the terms under which the department makes funds available to a qualified local government or eligible recipient. The terms may be set forth in a contract. The department may execute any such contract on behalf of the state, and any eligible recipient which is a qualified local government, school district, state agency, or state authority is authorized to execute any such contract. Any such writing or contract may incorporate other terms or laws by reference to such terms or laws;

(5) The department shall manage and administer all funds made available pursuant to this Code section; and

(6) The department may make funds available for any purpose for which the eligible recipient or qualified local government may lawfully use such funds. Unless precluded by general law, these purposes may include, but shall not be limited to, assisting in or furthering any of the purposes, du-

~

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ties, responsibilities, functions, power, or authority of local governments or the department. These purposes may also include, but shall not be limited to, establishing, developing, constructing, improving, maintaining, restoring, or protecting local government projects or purposes of any nature, such as:
(A) Construction projects;
(B) Capital outlay projects;
(C) Infrastructure projects;
(D) Planning services;
(E) Technical assistance;
(F) Coordinated and comprehensive planning;
(G) Marketing and promotional projects to encourage tourism and to develop, promote, and retain trade, commerce, industry, and employment opportunities, agriculture, and agribusiness;
(H) Purchase or lease of equipment;
(I) Operating expenses;
(J) Housing projects;
(K) Any project for the purposes of acquiring, constructing, equipping, maintaining, and operating regional commerce and trade center facilities suitable for housing conventions and trade shows as well as cultural, political, musical, educational, athletic, and other events, in order to provide for the establishment, development, and maintenance of commerce and trade;
(L) Any project or purpose described in or permitted under any appropriations to the department;
(M) Any project or purpose described in or permitted under any grant made to, or to be made by or through, the department;
(N) Any project or purpose provided for in the federal Housing and Community Development Act of 1974, as amended, or any successor to the Housing and Community Development Act of 1974;
(0) Any project or purpose provided for in the federal Public Works and Economic Development Act of 1965, as amended, or any successor to the Public Works and Economic Development Act of 1965;
(P) Any project or purpose authorized by federal or state law; or

GEORGIA LAWS 2000 SESSION

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(Q) Any other project or purpose consistent with the duties, responsibilities, functions, power, and authority of the department.

(c) The department may apply for, receive, administer, and use any grant, other financial assistance, or other funds made available to the department from any government or other source for furthering the purposes of the department. The department's actions in this respect may be taken for itself or on behalf of qualified local governments or other eligible recipients. The department's power and authority under this subsection includes, but shall not be limited to, the following:

(1) The department may apply on behalf of qualified local governments or other eligible recipients for receipt of state appropriated funds from the Governor's emergency fund as provided by Code Section 45-12-77. If such an application is approved, or if state appropriated funds from the Governor's emergency fund as provided by Code Section 45-12-77 are otherwise made available to the department, the department may be authorized by the Governor to disburse such emergency funds to the local government or other eligible recipient; and

(2) The department may accept on behalf of qualified local governments or other eligible recipients funds provided to the department by an executive order of the Governor and may disburse such funds to such local governments or other eligible recipients. The eligible recipient and the terms under which such funds are made available for use by the eligible recipient shall be specified in the executive order and shall be made a part of any writing or contract between the department and the eligible recipient.

(d) The department is authorized and shall have all powers necessary to participate in federal programs and to comply with laws relating thereto.

(e) The governing authority of any county, municipality, or combination thereof may expend public funds received from the department to perform any public service or public function as authorized under the terms specified by the department or, in the absence of any such terms, as otherwise authorized by the Constitution or by law or to perform any other service or function as authorized by the Constitution.

(f) The department shall make available to any state agency or authority assigned to the department for administrative purposes all funds made available to the department for the use of any such state authority or agency. The department may make available funds to such state agencies or authorities for any lawful purposes of any such state agencies or authorities.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(g) The power and authority of the department under this Code section to make available to local governments or any other eligible recipient any funds shall be limited by the Constitution and laws of the state, and as specified in this Code section, but shall not otherwise be limited.

(h) Pursuant to Article VII, Section III, Paragraph III of the Constitution and as otherwise may be authorized, all grants and other disbursements of funds made by the department or from the emergency fund through the department prior to July 1, 1989, are approved, ratified, and confirmed.
(i) There is established within the department a state community development program. Funds may be appropriated to such a program by line item reference in any appropriations Act. Using such funds as may be appropriated the department may provide assistance to eligible local governments that are qualified to participate in the state administered federal community development block grant program, in the form of grants, loans, loan guarantees, or any combination thereof. Nothing contained in this subsection shall be construed to limit any other powers of the department."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

BUILDINGS AND HOUSING - HOUSING AUTHORITIES; SUBSIDIARY CORPORATIONS; LOANS.
Code Section 8-3-30 Amended.
No. 866 (House Bill No. 1419).
AN ACT
To amend Code Section 8-3-30 of the Official Code of Georgia Annotated, relating to general powers of housing authorities, so as to authorize housing authorities to create for profit subsidiary corporations to participate in certain financing; to provide for conditions and limitations; to provide for authority of the Secretary of State in connection therewith; to change certain provisions regarding loans and compliance with certain usury statutes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 8-3-30 of the Official Code of Georgia Annotated, relating to general powers of housing authorities, is amended in subsection (a) by striking "and" at the end of paragraph (9); by striking the period at the end of para-

GEORGIA lAWS 2000 SESSION

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graph (10) and inserting in its place "; and"; and by adding a new paragraph immediately following paragraph (10), to be designated paragraph (11), to read as follows:

"(11) To incorporate one or more corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority and accomplishing any of the purposes of the authority. Any subsidiary corporations created pursuant to this paragraph shall be created pursuant to Chapter 2 of Title 14, the 'Georgia Business Corporation Code,' and the Secretary of State shall be authorized to accept such filings. Some or all of the members of the board of commissioners of the authority may serve as directors of any subsidiary corporation and such service shall not constitute a conflict of interest; provided, however, that no member of the board of commissioners of the authority shall be eligible to serve as a director of any subsidiary corporation if that member has any financial interest in the subsidiary corporation. Upon dissolution of any subsidiary corporation of the authority, any assets shall be distributed to the authority as the sole shareholder or to any successor to the authority or, failing such succession, to the city or county, as applicable. The authority shall not be liable for the debts, obligations, or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority expressly so consents."

SECTION 2.

Said Code section is further amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows:

"(c) No loan made by an authority to an entity with which the authority has entered into a private enterprise agreement shall be deemed usurious or otherwise in violation of Code Section 7-4-17 as long as such loan complies with Code Section 7-4-18."

SECTION 3.

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

Approved May 1, 2000.

1430

GENERAL ACTS AND RESOLUTIONS, VOL. I

CONSERVATION AND NATURAL RESOURCES - SOIL EROSION AND SEDIMENT CONTROL; BUFFERS ALONG BANKS OF STATE WATERS.

Code Title 12, Chapter 7 Amended.

No. 867 (House Bill No. 1426).

AN ACT

To amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to the control of soil erosion and sedimentation, so as to change the requirement for protective natural buffers adjacent to state waters; to provide for a 50 foot buffer adjacent to or on land adjacent to trout streams and a 25 foot buffer adjacent to other state waters; to provide that the vegetation within such buffer may not be cut until land-disturbing activities have ceased; to provide that such vegetation may be cut at any time when a dwelling is being constructed under contract with or by the owner; to exempt certain springs and streams from such requirements; to provide for rules and regulations governing the issuance of variances; to provide for stop work orders; to provide for penalties; to provide that exempt forestry practices which result in activities which would be in violation of such provisions but for such exemption shall result in the perpetrator's being restricted to practicing normal forestry practices on the land so harmed; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to the control of soil erosion and sedimentation, is amended by striking in its entirety Code Section 12-7-3, relating to definitions, and inserting in lieu thereof the following:

"12-7-3.

As used in this chapter, the term:

(1) 'Board' means the Board of Natural Resources.

(2) 'Buffer' means the area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat.

(3) 'Commission' means the State Soil and Water Conservation Commission.

(4) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources.

(5) 'District' means any one of the soil and water conservation districts of this state.

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(6) 'Division' means the Environmental Protection Division of the Department of Natural Resources.

(7) 'Drainage structure' means a device composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for storm-water management, drainage control, or flood control purposes.

(8) 'Erosion and sediment control plan' or 'plan' means a plan for the control of soil erosion and sediment resulting from a land-disturbing activity.

(9) 'Issuing authority' means the governing authority of any county or municipality which is certified pursuant to subsection (a) of Code Section 12-7-8 and the division in those instances where an application for a permit is submitted to the division.

( 10) 'Land-disturbing activity' means any activity which may result in soil erosion from water or wind and the movement of sediments into state water or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in paragraph (5) of Code Section 12-7-17.

(11) 'Person' means any individual, partnership, firm, assoetat10n, JOIOt venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of this state, any interstate body, or any other legal entity.

(12) 'Roadway drainage structure' means a device, such as a bridge, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled way consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side.

(13) 'Soil and water conservation district approved plan' means an erosion and sediment control plan approved in writing by a soil and water conservation district.

(14) 'State waters' includes any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming

1432

GENERAL ACTS AND RESOLUTIONS, VOL. I

a part of the boundaries of the state, which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation."

SECTION 2.

Said chapter is further amended by striking in their entirety paragraphs (15) and (16) of subsection (b) of Code Section 12-7-6, relating to minimum requirements for rules, regulations, ordinances, or resolutions relative to the control of soil erosion and sedimentation, and inserting in lieu thereof, respectively, the following:

"(15) Except as provided in paragraph (16) of this subsection, there is established a 25 foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the director pursuant to Code Section 12-2-8, or where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented; provided, however, that buffers of at least 25 feet established pursuant to Part 6 of Article 5 of Chapter 5 of this title shall remain in force unless a variance is granted by the director as provided in this paragraph. The following requirements shall apply to any such buffer:

(A) No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and

(B) On or before December 31, 2000, the board shall adopt rules which contain specific criteria for the grant or denial by the director of requests for variances. After such date, no variance shall be granted by the director which is not consistent with the criteria contained in such rules; provided, however, that, should the board fail to adopt rules which contain specific criteria for the grant or denial of requests for

GEORGIA LAWS 2000 SESSION

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variances by the director on or before December 31, 2000, the authority of the director to issue such variances shall be suspended until the board adopts such rules; and

(16) There is established a 50 foot buffer, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as 'trout streams' pursuant to Article 2 of Chapter 5 of this title except where a roadway drainage structure must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25 foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the board providing for notice to the division or local issuing authority of the location and extent of the piping and prescribed methodology for minimizing the impact of such piping and for measuring the volume of water discharged by the stream. Any such pipe must stop short of the downstream landowner's property, and the landowner must comply with the buffer requirement for any adjacent trout streams. The director may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to any such buffer:

(A) No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on. the stream bed; and

(B) On or before December 31, 2000, the board shall adopt rules which contain specific criteria for the grant or denial by the director of requests for variances. After such date, no variance shall be granted by the director which is not consistent with the criteria contained in such rules; provided, however, that, should the board fail to adopt rules which contain specific criteria for the grant or denial of requests for

1434

GENERAL ACTS AND RESOLUTIONS, VOL. I

variances by the director on or before December 31, 2000, the authority of the director to issue such variances shall be suspended until the board adopts such rules."
SECTION 3.

Said chapter is further amended by inserting at the end of Code Section 12-712, relating to orders directed to violators of the provisions of such chapter, the following:
"(c) The following procedures shall apply to the issuances of stop work orders:
(1) For the first and second violations of the provisions of this chapter, the director or the issuing authority shall issue a written warning to the violator. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the director or issuing authority shall issue a stop work order requiring that land-disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state, the director or issuing authority shall issue an immediate stop work order in lieu of a warning;
(2) For a third and each subsequent violation, the director or issuing authority shall issue an immediate stop work order; and
(3) All stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred."
SECTION 4.

Said chapter is further amended by striking subsection (a) of Code Section 127-15, relating to civil penalties, administrative hearing and review, and criteria for imposition of penalty, and inserting in lieu thereof the following:
"(a) (1) Except as provided in paragraph (2) of this subsection, any person who violates any provision of this chapter, the rules and regulations adopted pursuant hereto, or any permit condition or limitation established pursuant to this chapter or who negligently or intentionally fails or refuses to comply with any final or emergency order of the director issued as provided in this chapter shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this chapter, notwithstanding any provision in any city charter to the contrary, municipal courts shall be authorized to impose a penalty not to exceed $2,500.00 for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this chapter under county ordinances approved

r

GEORGIA lAWS 2000 SESSION

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under this chapter shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which the violation or failure or refusal to comply continues shall be a separate violation.

(2) The following penalties shall apply to land-disturbing activities performed in violation of any provision of this chapter, any rules and regulations adopted pursuant hereto, or any permit condition or limitation established pursuant to this chapter:

(A) The director or the issuing authority shall assess and collect a minimum penalty of $250.00 per day for each violation involving the construction of a single-family dwelling by or under contract with the owner for his or her own occupancy; and

(B) The director or the issuing authority shall assess and collect a minimum penalty of $1,000.00 per day for each violation involving land-disturbing activities other than as provided in subparagraph (A) of this paragraph."

SECTION 5.

Said chapter is further amended by striking in its entirety subsection (a) of Code Section 12-7-17, relating to exemptions from the provisions of such chapter, and inserting in lieu thereof the following:

"(a) This chapter shall not apply to the following activities:

(1) Surface mining, as the same is defined in Code Section 124-72;

(2) Granite quarrying and land clearing for such quarrying;

(3) Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, and other related activities which result in minor soil erosion;

(4) The construction of single-family residences, when such are constructed by or under contract with the owner for his or her own occupancy, or the construction of single-family residences not a part of a platted subdivision, a planned community, or an association of other residential lots consisting of more than two lots and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in subsection (b) of Code Section 12-7-6. For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of this title. In any such buffer zone, no land-disturbing activity shall be constructed between the resi-

1436

GENERAL ACTS AND RESOLUTIONS, VOL. I

dence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of subsection (b) of Code Section 12-7-6 and the buffer zones provided by this paragraph shall be enforced by the issuing authority;

(5) Agricultural operations as defined in Code Section 1-3-3 to include those practices involving the establishment, cultivation, or harvesting of products of the field or orchard; the preparation and planting of pasture land; farm ponds; dairy operations; livestock and poultry management practices; and the construction of farm buildings;

(6) Forestry land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in landdisturbing or other activities otherwise prohibited in a buffer, as established in paragraphs (15) and (16) of subsection (b) of Code Section 12-76, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three years after the completion of such forestry practices;

(7) Any project carried out under the technical supervision of the Soil and Water Conservation Service of the United States Department of Agriculture;

(8) Any project involving one and one-tenth acres or less; provided, however, that this exemption shall not apply to any land-disturbing activity within 200 feet of the bank of any state waters, and for purposes of this paragraph, 'state waters' excludes channels and drainageways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year round; provided, however, that any person responsible for a project which involves one and one-tenth acres or less, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainageway must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained in this chapter shall prevent a city or county which is an issuing au-

GEORGIA LAWS 2000 SESSION

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thority from regulating any such project which is not specifically exempted by paragraph (1), (2), (3), (4), (5), (6), (7), (9), or (10) of this subsection;

(9) Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the Georgia Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that such projects shall conform to the minimum requirements set forth in Code Section 12-7-6; and

(10) Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, provided that any such land-disturbing activity shall conform to the minimum requirements set forth in Code Section 12-7-6."

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Approved May 1, 2000.

COURTS - PROBATE COURTS; RULES GOVERNING FORMS; ADOPTION BY SUPREME COURT.
Code Section 15-9-90 Enacted.
No. 868 (House Bill No. 1428).
AN ACT
To amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to probate, so as to provide that the Supreme Court of Georgia shall be authorized to adopt rules governing the use of forms in the probate courts and standard forms to be used in proceedings before the probate courts; to make certain provisions for such forms; to provide for material and nonmaterial alterations; to provide that no uniform or local rules shall be adopted which are not in compliance with such requirements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

1438

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1.
Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to probate, is amended by inserting at the end thereof the following:
"15-9-90.
(a) The Supreme Court of Georgia is authorized to adopt rules governing the use of forms in the probate courts and standard forms to be used in proceedings before the probate courts. Any such rules and forms shall be in such a manner as to facilitate the use of word processing and computer technology.
(b) The rules adopted pursuant to subsection (a) of this Code section shall provide that the forms so adopted may be altered locally in a particular petition or proceeding in such items as grammar, gender usage, the use of singular and plural nouns and pronouns, the omission of optional or alternate language, the inclusion of variable information such as names and addresses, and other nonmaterial ways.
(c) The rules adopted pursuant to subsection (a) of this Code section shall provide that the forms so adopted may be altered locally in a particular petition or proceeding by making material additions or deletions, provided that:
(1) Any material additions or deletions are clearly identified;
(2) The altered form is accompanied by the certificate of an attorney licensed to practice law in this state stating that the form, as altered, complies with the standard form in every material respect except for the identified additions or deletions; and

(3) The altered form is accompanied by the certificate of an attorney licensed to practice law in this state stating that the form, as altered, complies with the statutory requirements relating to the matter which is submitted to probate,

and if such conditions are satisfied, then such forms shall be filed for probate notwithstanding the material alterations.
(d) No state or local rules governing the use of forms in the probate courts shall be adopted which do not comply with the provisions of this Code section."

GEORGIA lAWS 2000 SESSION

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SECTION 2.

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

SECTION 3.

This Act shall become effective upon signature by the Governor.

Approved May 1, 2000.

LOCAL GOVERNMENT - SERVICE DELIVERY STRATEGIES.
Code Title 36, Chapter 70 Amended.
No. 869 (House Bill No. 1430).
AN ACT
To amend Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to service delivery, so as to change certain provisions regarding approval of local government service delivery strategies; to provide for comprehensive procedures regarding mediation and dispute resolution regarding city and county service delivery strategies; to provide for mandatory mediation; to provide for superior court hearings; to provide for sanctions and enforcement; to change certain provisions regarding strategy review and revision; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to service delivery, is amended by striking Code Section 36-70-25, relating to approval of local government service delivery strategies, and inserting in its place new Code Sections 36-70-25 and 36-70-25.1 to read as follows:
"36-70-25.
(a) Approval of the local government service delivery strategy shall be accomplished as provided for in this Code section.
(b) The county and each municipality within the county shall participate in the development of {he strategy. Approval of the strategy shall be accomplished by adoption of a resolution:
(1) By the county governing authority;
(2) By the governing authority of municipalities located within the county which have a population of 9,000 or greater within the county;

,

1440

GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) By the municipality which serves as the county site if not included in paragraph (2) of this subsection; and
(4) By no less than 50 percent of the remaining municipalities within the county which contain at least 500 persons within the county if not included in paragraph (2) or (3) of this subsection.
(c) For the purpose of determining population, the population in the most recent United States decennial census shall be utilized.
(d) The adoption of a service delivery strategy specified in Code Section 3670-21 may be extended to a date certain no later than 120 days following the date otherwise specified in Code Section 36-70-21 upon written agreement of the local governments enumerated in subsection (b) of this Code section. In the event such an agreement is executed, the sanctions specified in Code Section 36-70-27 shall not apply until on and after such extended date.
36-70-25.1.
(a) As used in this Code section, the term 'affected municipality' means each municipality required to adopt a resolution approving the local government service delivery strategy pursuant to subsection (b) of Code Section 3670-25.
(b) If a county and the affected municipalities in the county do not reach an agreement on a service delivery strategy, the provisions of this Code section shall be followed as the process to resolve the dispute.
(c) If a county and the affected municipalities in the county are unable to reach an agreement on the strategy prior to the imposition of the sanctions provided in Code Section 36-70-27, a means for facilitating an agreement through some form of alternative dispute resolution shall be employed. Where the alternative dispute resolution action is unsuccessful, the neutral party or parties shall prepare a report which shall be provided to each governing authority and made a public record. The cost of alternative dispute resolution authorized by this subsection shall be shared by the parties to the dispute pro rata based on each party's population according to the most recent United States decennial census. The county's share shall be based upon the unincorporated population of the county.
(d) In the event that the county and the affected municipalities in the county fail to reach an agreement after the impositions of sanctions provided in Code Section 36-70-27, then the following process is available to the parties:
(1) (A) The county or any affected municipality located within the county may file a petition in superior court of the county seeking mandatory mediation. Such petition shall be assigned to a judge, pursuant to Code Section 15-1-9.1 or 15-6-13, who is not a judge in the cir-

GEORGIA LAWS 2000 SESSION

1441

cuit in which the county is located. The judge selected may also be a senior judge pursuant to Code Section 15-1-9.2 who resides in another circuit.
(B) The visiting or senior judge shall appoint a mediator within 30 days of receipt of the petition. Mediation shall commence within 30 days of the appointment of a mediator. The mandatory mediation process shall be completed within 60 days following the appointment of the mediator. A majority of the members of the governing body of the county and each affected municipality shall attend the initial mediation. Following the initial meeting, the mediation shall proceed in the manner established at the initial meeting. If there is no agreement on how the mediation should proceed, a majority of the members of the governing body of the county and each affected municipality shall be required to attend each mediation session unless another process is agreed upon. Unless otherwise provided in accordance with paragraph (2) of this subsection, the cost of alternative dispute resolution authorized by this subsection shall be shared by the parties to the dispute pro rata based on each party's population according to the most recent United States decennial census.

(C) During the mediation process described in this subsection, the sanctions imposed pursuant to Code Section 36-70-27 may, by order of the court, be held in abeyance by the judge against any or all of the parties participating in such mediation process.

(D) The judge may, by order of the court, substitute any mediation entered into pursuant to subsection (b) of this Code section for the mediation required pursuant to this subsection.

(2) If no service delivery strategy has been submitted for verification to the Department of Community Mfairs at the conclusion of the mediation, any aggrieved party may petition the superior court and seek resolution of the items remaining in dispute. The visiting or senior judge shall conduct an evidentiary hearing or hearings as such judge deems necessary and render a decision with regard to the disputed items. In rendering the decision, the judge shall consider the required elements of a service delivery strategy with a goal of achieving the intent of this article as specified in Code Section 36-70-20. It shall be in the discretion of the judge to hold the sanctions specified in Code Section 36-70-27 against one or more of the parties in abeyance pending the disposition of the action. The court is authorized to utilize its contempt powers to obtain compliance with its decision relating to the disputed items under review. The judge shall be authorized to impose mediation costs and court costs against any party upon a finding of bad faith.

wr I

1442

GENERAL ACTS AND RESOLUTIONS, VOL. I

(d) The court shall notify, or cause to be notified, the Department of Community Affairs in the event that penalties are abated during the pendency of mediation or litigation held pursuant to subsection (c) of this Code section. A notice shall also be sent in the event penalties become applicable to the parties.
(e) Any service delivery agreement implemented as a result of the process set forth in this Code section shall remain in effect until revised pursuant to Code Section 36-70-28."
SECTION 2.
Said chapter is further amended by striking subsection (a) of Code Section 3670-27, relating to sanctions, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) On and after July 1, 1999, no state administered financial assistance or grant, loan, or permit shall be issued to any local government or authority which is not included in a department verified strategy or for any project which is inconsistent with such strategy; provided, however, that a municipality or authority located or operating in more than one county shall be included in a department verified strategy for each county wherein the municipality or authority is located or operating."
SECTION 3.
Said chapter is further amended by striking Code Section 36-70-28, relating to strategy review and revision, and inserting in its place a new Code Section 3670-28 to read as follows:
"36-70-28.
(a) As used in the Code section, the term 'affected municipality' means each municipality required to adopt a resolution approving the local government service delivery strategy pursuant to subsection (b) of Code Section 3670-25.
(b) Each county and affected municipality shall review, and revise if necessary, the approved strategy:
(1) In conjunction with updates of the comprehensive plan as required by Article 1 of this chapter;
(2) Whenever necessary to change service delivery or revenue distribution a r r a ng e m e n ts;
(3) Whenever necessary due to changes in revenue distribution arrangements;

GEORGIA LAWS 2000 SESSION

1443

(4) In the event of the creation, abolition, or consolidation of local governments;
(5) When the existing service delivery strategy agreement expires; or
(6) Whenever the county and affected municipalities agree to revise the strategy.
(c) In the event that a county or an affected municipality located within the county refuses to review and revise, if necessary, a strategy in accordance with paragraphs (2) and (3) of subsection (b) of this Code section, then any of the parties may use the alternative dispute resolution and appeal procedures set forth in subsection (d) of Code Section 36-70-25.1."

SECTION 4.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5.

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

Approved May 1, 2000.

LOCAL GOVERNMENT - COUNTIES AND MUNICIPALITIES; MULTIYEAR LEASE, PURCHASE, OR LEASE PURCHASE CONTRACTS.
Code Section 36-60-13 Amended.
No. 870 (House Bill No. 1450).
AN ACT
To amend Code Section 36-60-13 of the Official Code of Georgia Annotated, relating to county or municipal multiyear lease, purchase, or lease purchase contracts, so as to provide for additional limitations with respect to such contracts; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 36-60-13 of the Official Code of Georgia Annotated, relating to county or municipal multiyear lease, purchase, or lease purchase contracts, is amended by striking subsection (h) and inserting in its place a new subsection (h) to reads as follows:

1444

GENERAL ACTS AND RESOLUTIONS, VOL. I

"(h) (1) On or after July 1, 2000, no contract developed and executed or renewed, refinanced, or restructured pursuant to this Code section with respect to real property may be delivered if the lesser of either of the following is exceeded:
(A) The average annual payments on the aggregate of all such outstanding contracts exceed 7.5 percent of the governmental fund revenues of the county or municipality for the calendar year preceding the delivery of such contract plus any available special county 1 percent sales and use tax proceeds collected pursuant to Code Section 48-8-111; or
(B) The outstanding principal balance on the aggregate of all such outstanding contracts exceeds $25 million; provided, however, that with respect to any county or municipality in which, prior to July 1, 2000, the outstanding principal balance on the aggregate of outstanding contracts exceeds $25 million, such outstanding contracts may be renewed, refinanced, or restructured, but no new contracts shall be developed and executed until the outstanding principal balance on such outstanding contracts has been reduced so that the $25 million limitation of this subparagraph, or the limitation in subparagraph (A) of this paragraph, whichever is lower, is not exceeded.
(2) Paragraph ( 1) of this subsection shall not apply to contracts developed and executed or renewed, refinanced, or restructured pursuant to this Code section which are for projects or facilities:
(A) For the housing of court services, where any other state law or laws authorize the project or facility to be financed and paid for from the collection of fines rather than from tax revenues; or
(B) Which have been previously approved in the most recent referendum calling for the levy of a special county 1 percent sales and use tax pursuant to Part 1 of Article 3 of Chapter 8 of Title 48."
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 May 1, 2000.

GEORGIA LAWS 2000 SESSION

1445

REVENUE AND TAXATION - INCOME TAX; DEPOSITORY FINANCIAL INSTITUTIONS.

Code Title 48 Amended. No. 871 (House Bill No. 1452).
AN ACT

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding income taxation of corporations; to provide for an income tax credit with respect to the amount of certain taxes paid by depository financial institutions; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to change certain provisions regarding local business license tax on depository financial institutions; to change certain provisions regarding the special state occupation tax on depository financial institutions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (10) of subsection (b) of Code Section 48-7-21, relating to income taxation of corporations, and inserting in its place a new paragraph (10) to read as follows:

"(10) Reserved."

SECTION 2.

Said title is further amended by adding a new Code section immediately following Code Section 48-7-29.3, to be designated Code Section 48-7-29.4, to read as follows:
"48-7-29.4.

(a) There shall be a dollar-for-dollar credit against the state income tax liability of depository financial institutions which shall be equal to the amount of taxes, if any, paid by such taxpayers pursuant to Code Section 48-6-93 and Code Section 48-6-95. If the liability of any such institutions under the taxes authorized by Code Section 48-6-93 and Code Section 48-6-95 exceeds the income tax liability of such institution for any year, the amount of any unused credit under this Code section may be credited over a period of five years from the tax year in which the unused credit arose. If the assets of an institution are acquired by another institution in a transaction described in Section 381 (a) of the Internal Revenue Code of 1986, the acquiring institution

1446

GENERAL ACTS AND RESOLUTIONS, VOL. I

shall succeed to and take into account any unused credit of the distributor or transferor institution. If a depository financial institution has elected Subchapter 'S' status pursuant to the conditions specified in subparagraph (b) (7) (B) of Code Section 48-7-21, the credits authorized by this subsection may be passed through on a pro rata basis to the institution's shareholders. If the amount of any such pro rata credit exceeds a shareholder's individual income tax liability, then such unused credit may be credited over a period of five years from the tax year in which the unused credit arose. No such credit shall be allowed the taxpayer against prior years' tax liability.

(b) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section."

SECTION 3.

Said title is further amended by striking subsection (e) of Code Section 48-693, relating to local business license tax on depository financial institutions, and inserting in its place a new subsection (e) to read as follows:

"(e) Any tax paid by a depository financial institution pursuant to this Code section shall be credited dollar for dollar against any state income tax liability of such institution for the tax year during which any business or occupation tax authorized by this Code section is paid. Such credit shall be subject to the provisions of Code Section 48-7-29.4."

SECTION 4.

Said title is further amended by adding a new subsection at the end of Code Section 48-6-95, relating to the special state occupation tax on depository financial institutions, to be designated subsection (e), to read as follows:

"(e) Any tax paid by a depository financial institution pursuant to this Code section shall be credited dollar for dollar against any state income tax liability of such institution for the tax year during which any business or occupation tax authorized by this Code section is paid. Such credit shall be subject to the provisions of Code Section 48-7-29.4."

SECTION 5.

This Act shall become effective on January 1, 2001, and shall be applicable to all taxable years beginning on or after January 1, 2001.

SECTION 6.

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

Approved May 1, 2000.

GEORGIA LAWS 2000 SESSION

1447

REVENUE AND TAXATION - INCOME TAX; CREDITS FOR CERTAIN EXPORT BUSINESSES.

Code Section 48-7-40.17 Enacted.

No. 872 (House Bill No. 1455).

AN ACT

To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide for income tax credits for certain export businesses; to provide for definitions; to provide for terms, conditions, limitations, and procedures relating to such credits; to provide for applicability; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, is amended by inserting at the end thereof a new Code Section 48-7-40.17 to read as follows:

"48-7-40.17.

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

(1) 'Base year exportation volume' means the number of cigarettes manufactured and exported by a business enterprise during the calendar year 1999.

(2) 'Business enterprise' means any business or the headquarters of any business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, tourism, and research and development industries. Such term shall not include retail businesses.

(3) 'Exportation' means the shipment of cigarettes manufactured in the United States to a foreign country sufficient to relieve the cigarettes in the shipment of the federal excise tax on cigarettes.

(b) A business enterprise engaged in the business of manufacturing cigarettes for exportation to a foreign country is allowed a credit against the taxes levied by this article. The amount of credit allowed under this Code section is determined by comparing the exportation volume of the corporation in the year for which the credit is claimed with the corporation's base year exportation volume, rounded to the nearest whole percentage. The amount of credit allowed is as follows:

'0

1448

GENERAL ACTS AND RESOLUTIONS, VOL. I

Current Year's Exportation Volume Compared to its Base Year's Exportation Volume

Amount of Credit per Thousand
Cigarettes Exported

120 percent or more 119 percent- 100 percent 99 percent- 80 percent 79 percent - 60 percent 59 percent - 50 percent
Less than 50 percent

40 35 30 25 20 None

(c) The credit allowed under this Code section may not exceed the lesser of $6 million or 50 percent of the amount of tax imposed by this article for the taxable year reduced by the sum of all other credits allowable, except tax payments made by or on behalf of the taxpayer. This limitation applies to the cumulative amount of the credit allowed in any tax year, including carry forwards claimed by the taxpayer under this Code section for previous tax years. Any unused portion of a credit allowed in this Code section may be carried forward for the next succeeding five years.

(d) A business enterprise that claims the credit under this Code section must include the following with its tax return:

(1) A statement of the base year exportation volume;

(2) A statement of the exportation volume on which the credit is based; and

(3) A list of the business enterprise's export volumes shown on its monthly reports to the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of the Treasury for the months in the tax year for which the credit is claimed."

SECTION 2.

This Act shall be applicable to all taxable years beginning on or after January 1, 2000.

SECTION 3.

This Act shall be repealed for cigarettes exported on or after January 1, 2006.

SECTION 4.

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

Approved May 1, 2000.

GEORGIA LAWS 2000 SESSION

1449

RETIREMENT AND PENSIONS- TAXATION OF BENEFITS; MANDATORY RETIREMENT AGE FOR CERTAIN EMPLOYEES; GEORGIA FIREFIGHTERS'
RETIREMENT FUND; REINSTATEMENT OF MEMBERSHIP; PEACE OFFICERS' ANNUITY AND BENEFIT FUND; PEACE OFFICER DEFINED.

Code Title 47 Amended.

No. 873 (House Bill No. 1457).

AN ACT

To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to repeal provisions relating to the exemption from state income taxation of benefits received from public retirement systems; to provide for the transfer of persons employed as enforcement officers by the Department of Transportation to the Department of Motor Vehicle Safety; to provide that persons so transferred shall continue to be subject to certain age requirements; to remove certain obsolete provisions relative to reinstatement of membership in the Georgia Firefighters' Retirement Fund; to amend the definition of the term "peace officer" under the Peace Officers' Annuity and Benefit Fund; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety subsection (b) of Code Section 47-2-110, relating to retirement ages, application and eligibility for a retirement allowance, and suspension of retirement allowance upon reemployment under the Employees' Retirement System of Georgia, and inserting in lieu thereof the following:

"(b) (1) Effective July 1, 1983, no member of the retirement system may be required to retire because of age except the following members:

(A) Those employed as prison guards by the Department of Corrections;

(B) Those employed by the Uniform Division of the Department of Public Safety as officers and troopers;

(C) Those employed by the Department of Natural Resources as conservation rangers;

(D) Those employed by the Department of Revenue as alcohol and tobacco officers or agents;

1450

GENERAL ACTS AND RESOLUTIONS, VOL. I

'

(E) Those employed as officers or agents of the Georgia Bureau of Investigation;
(F) Those employed by the Department of Transportation as enforcement officers prior to July 1, 2001;
(G) Those employed by the Department of Motor Vehicle Safety as enforcement officers on or after July 1, 2001; and
(H) Those employed by the State Board of Pardons and Paroles as parole officers as well as other employees of said board who possess the power of arrest.
(2) Those members specified by paragraph ( 1) of this subsection who may be required to retire because of age shall be subject to the laws specifying retirement ages for the various classifications of such members or subject to the rules, regulations, or policies specifying retirement ages of the various state departments or agencies employing such members, provided such rules, regulations, or policies are in compliance with other laws of this state. Any state department or agency specified in paragraph (1) of this subsection shall be authorized to employ or continue the employment of any member, regardless of age, with professional, scientific, or technical skills who is so certified to the board of trustees by the state department or agency."
SECTION 2.
Said title is further amended by striking in its entirety subsection (a) of Code Section 47-2-332, relating to the exemption of rights and benefits under the Employees' Retirement System of Georgia from taxes, legal process, and assignment of retirement system property as public property and exemptions for retirement system property, and inserting in lieu thereof the following:
"(a) The right to a pension, annuity, retirement allowance, return of contributions, the pension, annuity, or retirement allowance itself, any optional benefit, or any other right accrued or accruing to any person under this chapter and the moneys in the various accounts created by this chapter are:

(1) Exempt from any state, county, or municipal tax, except as provided in Code Section 48-7-27;
(2) Exempt from levy and sale, garnishment, attachment, or any other process whatsoever; and
(3) Not assignable except as otherwise specifically provided in this chapter."

GEORGIA lAWS 2000 SESSION

1451

SECTION 3.

Said title is further amended by striking in its entirety subsection (a) of Code Section 47-3-28, relating to rights under the Teachers Retirement System of Georgia exempted from levy and sale, garnishment, and other process, assignability, exemptions for other retirement systems, assets and investments and their transfer or sale exempted, and inserting in lieu thereof the following:

"(a) The right to a pension, annuity, retirement allowance, return of contributions, the pension, annuity, or retirement allowance itself, any optional benefit, or any other right accrued or accruing to any person under this chapter and the moneys in the various accounts created by this chapter are exempt from any state, county, or municipal tax, except as provided in Code Section 48-7-27; exempt from levy and sale, garnishment, attachment, or any other process whatsoever; and shall not be assignable except as otherwise specifically provided in this chapter. The exemptions under this Code section shall extend to benefits accrued or accruing to any member of a local retirement system, whether such benefits are attributable to amounts paid by the retirement system to such local retirement system for the account and benefit of the member, or otherwise."

SECTION 4.

Said title is further amended by striking in its entirety Code Section 47-4-120, relating to exemption of rights and benefits from state and local taxes and from legal process and restriction on assignability, and inserting in lieu thereof the following:

"47-4-120.

The right to a retirement benefit, return of contributions, any optional benefit, or any other right accrued or accruing to any person under this chapter shall be exempt from any state, county, or municipal tax, except as provided in Code Section 48-7-27; exempt from levy and sale, garnishment, attachment, or any other process whatsoever; and unassignable, except as otherwise specifically provided for in this chapter."

SECTION 5.

Said title is further amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 47-7-41, relating to the effect of withdrawal of contributions or termination of employment under the Georgia Firefighters' Pension Fund, eligibility for reinstatement, and credit for time spent on leave of absence and resumption of payments to fund upon return to service, and inserting in lieu thereof the following:

1452

GENERAL ACTS AND RESOLUTIONS, VOL. I

"(2) A member of the fund who obtains a leave of absence under paragraph (1) of this subsection shall, upon application to the board, be entitled to reinstatement to active status in the fund; provided, however, that upon such application, the applicant meets the requirements set forth in Code Section 47-7-40 as a prerequisite to reinstated active membership. Such member shall be entitled to credit for service rendered before obtaining a leave of absence and after reinstatement but shall not be entitled to credit for any period during such leave of absence."
SECTION 6.

Said title is further amended by striking in its entirety Code Section 47-12-101, relating to the exemption of moneys and rights accruing under the District Attorneys Retirement Fund of Georgia from taxation, exemption from levy and sale, attachment, garnishment, and other process, and assignability, and inserting in lieu thereof the following:
"47-12-101.

The right to a retirement benefit, district attorney emeritus salary, return of contributions, any optional benefit, or any other right accrued or accruing to any person under this chapter and the moneys in the fund are exempt from any state, county, or municipal tax, except as provided in Code Section 48-7-27; exempt from levy and sale, garnishment, attachment, or any other process whatsoever; and shall not be assignable, except as otherwise specifically provided for in this chapter."
SECTION 7.

Said title is further amended by striking in its entirety Code Section 47-14-91, relating to the exemption of rights and benefits under the Superior Court Clerks' Retirement Fund from taxation, exemption from levy and sale, garnishment, attachment, or other process, and assignability, and inserting in lieu thereof the following:
"47-14-91.

The right to any pension, allowance, or benefit; the right to the return of contributions; any optional benefit; or any other right accrued or accruing to any person under this chapter; and moneys under this chapter shall be exempt from any tax imposed by any state, county, municipal, or other political subdivision, except as provided in Code Section 48-7-27, and shall be exempt from levy and sale, garnishment, attachment, or any other process. Such funds and benefits shall not be assignable."

GEORGIA lAWS 2000 SESSION

1453

SECTION 8.

Said title is further amended by striking in its entirety Code Section 47-16-123, relating to the exemptions of moneys and rights accruing under the Sheriffs' Retirement Fund of Georgia from taxation, and inserting in lieu thereof the following:

"47-16-123.

The right to any pension, annuity, allowance, or benefit; the right to the return of contributions; a pension, annuity, allowance, or benefit itself; any optional benefit; any other right accrued or accruing to any person under this chapter; and any moneys under this chapter shall be exempt from any tax imposed by this state or any county, municipality, or other political subdivision, except as provided in Code Section 48-7-27."

SECTION 9.

Said title is further amended by striking paragraph (5) of Code Section 47-171, relating to definitions applicable to the Peace Officers' Annuity and Benefit Fund, and inserting in its place a new paragraph to read as follows:
"(5) 'Peace officer' means:

(A) Any peace officer who is employed by this state or any municipality, county, or other political subdivision thereof who is required by the terms of such peace officer's employment, whether by election or appointment, to give such peace officer's full time to the preservation of public order, the protection of life and property, or the detection of crime in this state or any municipality, county, or other political subdivision thereof and who is required by the terms of such peace officer's employment to comply with the requirements of the 'Georgia Peace Officer Standards and Training Act' contained in Chapter 8 of Title 35, provided that, for the purposes of this chapter, any deputy sheriff employed as such by a sheriff of this state shall be deemed to be employed by the county in which such sheriff serves;

(B) Any warden or correction officer of state or county correctional institutions and any warden or correction officer of municipal correctional institutions of a municipality having a population of 70,000 or more according to the United States decennial census of 1970 or any future such census who is required by the terms of his or her employment as such warden or correction officer to give his or her full time to his or her job as such warden or correction officer; and any warden or correction officer of a municipal correctional institution who on or before October 1, 1962, pays dues for prior service shall be deemed to have been a member for such periods and shall be entitled to all the rights

~

1454

GENERAL ACTS AND RESOLUTIONS, VOL. I

and benefits to which other members during such periods are entitled, provided that any such warden or correction officer as provided in this subparagraph is required by the terms of his or her employment to comply with the requirements of the 'Georgia Peace Officer Standards and Training Act' contained in Chapter 8 of Title 35;

(C) All employees of the Peace Officers' Annuity and Benefit Fund who are required by the terms of their employment to devote their full time to such job; and any such full-time employee who on or before October 1, 1962, paid dues for prior service shall be deemed to have been a member for such periods and shall be entitled to all the rights and benefits to which other members are entitled;

(D) Any parole officers who are required by the terms of their employment to devote full time to their job;

(E) Any law enforcement employee of the Alcohol and Tobacco Tax Unit of the Department of Revenue who is required by the terms of his or her employment to devote his or her full time to his or her job as a law enforcer, and any supervisor of such employees who, himself or herself, is assigned to the Alcohol and Tobacco Tax Unit and who is required by the terms of his or her employment to have arrest powers and to enforce the alcohol and tobacco tax laws;

(F) Any person employed by the Department of Transportation who is designated by the commissioner of transportation as an enforcement officer pursuant to Code Section 32-6-29, provided that such enforcement officers shall be entitled to creditable service toward retirement only for membership service rendered after April 5, 1978, and only for membership service which is rendered in such capacity prior to July 1, 2001;

(G) Any full-time identification technician or identification supervisor employed by this state, or any subdivision or municipality thereof, whose duties include the investigation and detection of crime or whose duties are supervisory over those identification technicians whose duties include the investigation and detection of crime in this state, and who has been considered a member of the Peace Officers' Annuity and Benefit Fund, and paid dues thereto, at any time on or before July 1, 1981; and such identification technicians and identification supervisors shall be deemed to have been members for such prior period of service that dues were paid and shall be entitled to all rights and benefits to which other members are entitled;
(H) Any person employed by the Public Service Commission who was
designated by such commission as an enforcement officer pursuant to former Code Section 46-7-70 as it existed under the 'Motor Carrier Act of 1931 ,' as amended, or who is designated by such commission as an

GEORGIA LAWS 2000 SESSION

1455

enforcement officer pursuant to Code Section 46-7-28 and who is required by the terms of his or her employment to devote full time to his or her job as a law enforcer, and any supervisor of such employees who himself or herself is assigned by the terms of his or her employment to have arrest powers and to enforce the public utility laws administered by the Public Service Commission; provided, however, that such enforcement officers shall be entitled to creditable service toward retirement only for membership service rendered after July 1, 1981, and only for membership service which is rendered in such capacity prior to July I, 2001;

(I) Persons in the categories listed below who are required, as a condition necessary to carry out their duties, to be certified as peace officers pursuant to the provisions of Chapter 8 of Title 35, known as the 'Georgia Peace Officer Standards and Training Act':

(i) Persons employed by the Department of Juvenile Justice who have been designated by the commissioner of juvenile justice to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility or have broken their conditions of supervision; any employee of the Department of Juvenile Justice whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in its institutions, facilities, or programs, or who is a line supervisor of any such employee, provided that the powers of a peace officer have been conferred upon such person pursuant to Chapter 4A of Title 49;

(ii) Narcotics agents retained by the director of the Georgia Bureau of Investigation pursuant to the provisions of Code Section 35-3-9;

(iii) Investigators employed by the Secretary of State as securities investigators pursuant to the provisions of Code Section 10-5-10;

(iv) Investigators employed by the Secretary of State as investigators for the state examining boards pursuant to the provisions of Code Section 43-1-5; and

(v) Persons employed by the Department of Motor Vehicle Safety to whom the commissioner of motor vehicle safety has delegated law enforcement powers; provided, however, that no such person shall be entitled to obtain any prior creditable service other than actual membership service;
mAny person who was a member of the fund pursuant to the defini-
tions contained in subparagraphs (A) through (I) of this paragraph and who is subsequently promoted to a position of similar duties but

1456

GENERAL ACTS AND RESOLUTIONS, VOL. I

broader supervisory duties, if such person's new poslt!on requires him or her to comply with the standards contained in Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and such person retains his or her powers of arrest; and
(K) Any employee of the Department of Corrections whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of inmates and detainees or who is a line supervisor of any such employee, provided that all such persons are required to comply with the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' in order to hold their positions and in addition have been conferred with the powers of a police officer pursuant to Code Section 42-5-35."
SECTION 10.
Said title is further amended by striking in its entirety Code Section 47-17-103, relating to the exemption of rights and benefits under the Peace Officers' Annuity and Benefit Fund from taxation, exemption from garnishment, attachment, or other process, and assignability, and inserting in lieu thereof the following:
"47-17-103.

The right to any pension, annuity, allowance, or benefit; to the return of contributions; to a pension, annuity, allowance or benefit itself; to any optional benefit, or any other right accrued or accruing to any person under this chapter; and to moneys under this chapter shall be exempt from any tax imposed by this state, county, municipal, or other political subdivision, except as provided in Code Section 48-7-27; exempt from levy and sale, garnishment, attachment, or any other process whatsoever; and shall be unassignable unless otherwise specifically provided for in this chapter."
SECTION 11.
This Act shall become effective only if that legislation known as House Bill 1441, introduced in the 2000 session of the General Assembly, is enacted and becomes law; otherwise, this Act shall be automatically repealed in its entirety on December 31, 2000.
SECTION 12.
All laws and parts of laws in conflict with this Act are repealed.
Approved May 1, 2000.

GEORGIA LAWS 2000 SESSION

1457

MOTOR VEHICLES AND TRAFFIC- DRIVERS' LICENSES; SUSPENSIONS AND REVOCATIONS FOR PERSONS UNDER 21; DRIVING UNDER THE INFLUENCE; SUBSTANCE ABUSE TREATMENT; IGNITION INTERLOCK DEVICES.

Code Title 40, Chapter 5, Article 3 Amended. Code Title 42, Chapter 8 Amended.

No. 874 (House Bill No. 1458).

AN ACT

To amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of motor vehicle drivers' licenses, so as to change certain provisions relating to revocation of licenses of persons under age 21 for certain offenses and issuance of new license following revocation; to change certain provisions relating to periods of license suspension following convictions for certain offenses and conditions to return of license; to change certain provisions relating to clinical evaluation and substance abuse treatment programs for certain offenders; to change certain provisions relating to limited motor vehicle driving permits for certain offenders; to change certain provisions relating to terms and conditions for suspension of license under subsection (c) of Code Section 40-5-67.1; to amend Chapter 8 of Title 42, relating to probation, so as to change certain provisions relating to use of a motor vehicle ignition interlock device as a probation condition; 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 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of motor vehicle drivers' licenses, is amended by striking Code Section 40-5-57.1, relating to revocation of licenses of persons under age 21 for certain offenses and issuance of new license following revocation, and inserting in lieu thereof the following:

"40-5-57.1.

(a) Notwithstanding any other provision of this chapter, the driver's license of any person under 21 years of age convicted of hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57, purchasing an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23, violation of paragraph (3) or (5) of subsection (a) of Code

,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 3-3-23, or violation of Code Section 40-6-391 shall be revoked by the department as provided by this Code section, and a driver's license revoked under this subsection shall not be reinstated. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Notice of revocation shall be given by certified mail, return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. Such license shall be surrendered within ten days of notification of such revocation. Notice given by certified mail, return receipt requested, mailed to the person's last known address shall be prima-facie evidence that such person received the required notice.

(b) A person whose driver's license has been revoked under subsection (a) of this Code section shall:

(1) Except as otherwise provided by paragraph (2) of this subsection:

(A) Upon a first such revocation, be eligible to apply for and, subject to the examination requirements of Code Section 40-5-27 and payment of required fees, be issued a new driver's license six months from the date on which the revoked license was surrendered to and received by the department; and

(B) Upon a second or subsequent such revocation, be eligible to apply for and, subject to the examination requirements of Code Section 40-527 and payment of required fees, be issued a new driver's license 12 months from the date on which the revoked license was surrendered to and received by the department; or

(2) If the driver's license was revoked upon conviction for violation of Code Section 40-6-391 and the driver's alcohol concentration at the time of the offense was 0.08 grams or more, be eligible to apply for and, subject to the examination requirements of Code Section 40-5-27 and payment of required fees, be issued a new driver's license 12 months from the date on which the revoked license was surrendered to and received by the department.

(b.l) In any case where a person's driver's license was administratively suspended as a result of the offense for which the person's driver's license has been revoked pursuant to this Code section, the administrative license suspension period and the license revocation period provided by this Code section may run concurrently, and any completed portion of such administrative license suspension period shall apply toward completion of the license revocation period provided by this Code section.

(c) Any person whose driver's license is revoked under subsection (a) of this Code section for violation of Code Section 40-6-391 shall not be issued a new driver's license without submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of

GEORGIA lAWS 2000 SESSION

1459

Human Resources and payment of a fee equivalent to that required for restoration of a suspended driver's license under paragraph (1) of subsection (a) of Code Section 40-5-67.2; provided, however, that such fee shall not be required for the issuance of a new driver's license under this subsection if such person's driver's license was administratively suspended as a result of the offense for which the person's driver's license has been revoked pursuant to this Code section and the restoration fee was paid for such suspended driver's license.

(d) Any person whose driver's license is revoked under subsection (a) of this Code section for commission of any offense other than violation of Code Section 40-6-391 shall not be issued a new driver's license without submitting proof of completion of a defensive driving program approved by the Department of Public Safety and payment of a fee equivalent to that required for restoration of a suspended driver's license under paragraph (1) of subsection (a) of Code Section 40-5-63; provided, however, that such fee shall not be required for the issuance of a new driver's license under this subsection if such person's driver's license was administratively suspended as a result of the offense for which the person's driver's license has been revoked pursuant to this Code section and the restoration fee was paid for such suspended driver's license."

SECTION 2.

Said article is further amended by striking paragraph (2) of subsection (a) of Code Section 40-5-63, relating to periods of license suspension following convictions for certain offenses and conditions to return of license, and inserting in lieu thereof the following:

"(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of said driver's license; except that if such license was suspended as a result of a second conviction of a violation of Code Section 40-6-391 within five years, the person shall not be eligible to apply for license reinstatement until the end of ten months. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Public Safety

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GENERAL ACTS AND RESOLUTIONS, VOL. I

or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such fiveyear period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or".
SECTION 3.
Said article is further amended by striking Code Section 40-5-63.1, relating to clinical evaluation and substance abuse treatment programs for certain offenders, and inserting in lieu thereof the following:
"40-5-63.1.

In addition to any and all other conditions of license reinstatement, issuance, or restoration under Code Section 40-5-58, 40-5-62, or 40-5-63, any person with two or more convictions of violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be required to undergo a clinical evaluation and, if indicated by such evaluation, must complete a substance abuse treatment program, provided that such evaluation and treatment shall be at such person's expense except as otherwise provided by Code Section 37-7-120. Acceptable proof of completion of such a program must be submitted to the Department of Public Safety prior to license reinstatement, issuance, or restoration. For purposes of this Code section, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions."

GEORGIA LAWS 2000 SESSION

1461

SECTION 4.

Said article is further amended by striking Code Section 40-5-64, relating to limited driving permits for certain offenders, and inserting in lieu thereof the following:

"40-5-64.

(a) To whom issued.

(1) Notwithstanding any contrary provision of Code Section 40-5-57 or 405-63 or any other Code section of this chapter, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with paragraph (2) of subsection (a.l) of Code Section 40-5-22, subsection (d) of Code Section 40-5-57, paragraph (1) of subsection (a) of Code Section 40-5-63, or paragraph (1) of subsection (a) of Code Section 40-5-67.2.

(2) Any person whose driver's license has been suspended and who is subject to a court order for installation and use of an ignition interlock device as a condition of probation pursuant to the provisions Article 7 of Chapter 8 of Title 42 may apply for a limited driving permit.

(b) Application form. Applications for limited driving permits shall be made upon such forms as the commissioner may prescribe. Such forms shall require such information as is necessary for the department to determine the need for such permit. All applications shall be signed by the applicant before a person authorized to administer oaths.

(c) Standards for approval. The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. Except as otherwise provided by subsection (c.1) of this Code section, for the purposes of this Code section, 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from:

(1) Going to his or her place of employment or performing the normal duties of his or her occupation;

(2) Receiving scheduled medical care or obtaining prescription drugs;

(3) Attending a college or school at which he or she is regularly enrolled as a student;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(4) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; or

(5) Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver's license or by the commissioner.
(c.1) Exception to standards for approval. The provisions of paragraphs (2), (3), (4), and (5) of subsection (c) of this Code section shall not apply and shall not be considered for purposes of granting a limited driving permit or imposing conditions thereon under this Code section in the case of a driver's license suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22.
(d) Conditions attached. A limited driving permit shall be endorsed with such conditions as the commissioner deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions:
(1) Specific places between which the permittee may be allowed to operate a motor vehicle;
(2) Routes to be followed by the permittee;
(3) Times of travel;
(4) The specific vehicles which the permittee may operate;
(4.1) The installation and use of an ignition interlock device in accordance with Article 7 of Chapter 8 of Title 42; and
(5) Such other restrictions as the department may require.
(e) Duration of permit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the driver's eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon the expiration of one year following the effective date of suspension of the applicant's driver's license in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57, upon the expiration of 120 days following conviction in the case of a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391, upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2, or upon the expiration of six months following proof of installation of an ignition interlock device in the case of a limited

GEORGIA LAWS 2000 SESSION

1463

driving permit issued to a person subject to a court order for installation and use of such a device pursuant to Article 7 of Chapter 8 of Title 42; except that such limited driving permit shall expire upon any earlier reinstatement of the driver's license. A person convicted of such offense whose driver's license had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving permit immediately following such conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. A person convicted of such offense whose driver's license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the applicant's surrender to the department of his or her driver's license and the execution of a similar affidavit, or if the driver's license has been lost, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit.

(f) Liability of issuing officer: No official or employee of the department shall be criminally or civilly liable or subject to being held in contempt of court for issuing a limited driving permit in reliance on the truth of the affidavits required by this Code section.

(g) Revocation of permit.

(1) (A) Any permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his or her permit shall have his or her permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction.

(B) Upon receipt of notice from the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources that a permittee who is required to complete a substance abuse treatment program pursuant to Code Section 40-5-63.1 enrolled in but failed to attend or complete such program as scheduled, the department shall revoke such person's limited driving permit and, by regular mail to his or her last known address, notify such person of such revocation. Such notice of revocation shall inform the person of the grounds for and effective date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. In any case of revocation of a limited driving permit pursuant to subparagraph (A) of paragraph (1) of this subsection, the department may impose an additional period of suspension for the conviction upon which revocation of the permit was based.

(h) Hearings. Any person whose permit has been revoked or who has been refused a permit by the department may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Appeal from such hearing shall be in accordance with said chapter.
(i) Rules and regulations. The board may promulgate such rules and regulations as are necessary to implement this Code section.
(j) Penalty. Any permittee who operates a motor vehicle in violation of any condition specified on the permit shall be guilty of a misdemeanor."
SECTION 5.
Said article is further amended by striking paragraph (2) of Code Section 40-567.2, relating to terms and conditions for suspension of license under subsection (c) of Code Section 40-5-67.1, and inserting in lieu thereof the following:
"(2) Upon the second suspension pursuant to subsection (c) of Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. Not sooner than 120 days following the effective date of suspension, the person may apply to the Department of Public Safety for reinstatement of the person's driver's license; except that if such license was suspended as a result of a second arrest for violation of Code Section 40-6391 within five years, the person shall be eligible to apply for license reinstatement not sooner than ten months following the effective date of suspension. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail. A driver's license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee."

GEORGIA lAWS 2000 SESSION

1465

SECTION 6.

Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by striking Article 7, relating to use of a motor vehicle ignition interlock device as a probation condition, and inserting in lieu thereof the following:
"ARTICLE 7

42-8-110.

(a) As used in this article, the term 'ignition interlock device' means a constant monitoring device certified by the commissioner of public safety which prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol concentration of the operator through the taking of a deep lung breath sample. The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol concentration of the operator, as measured by the device, exceeds 0.02 grams or if the sample is not a sample of human breath.

(b) As used in this article, the term 'provider center' means a facility established for the purpose of providing and installing ignition interlock devices when their use is required by or as a result of an order of a court.

(c) Ignition interlock devices for provider centers may be purchased or leased by counties, municipalities, or private entities.

(d) A provider center shall be authorized to charge the person whose vehicle is to be equipped with an ignition interlock device such installation, deinstallation, and user fees as are approved by the Department of Public Safety. A provider center may also require such person to make a security deposit for the safe return of the ignition interlock device. Payment of any or all of such fees and deposits may be made a condition of probation under this order.

(e) If a county, municipality, or other political subdivision of this state purchases or leases ignition interlock devices from a private entity, such county or municipality shall allow persons who are found by the court to be indigent and unable to pay the fees or deposits for such an ignition interlock device to participate in the ignition interlock program.

42-8-111.

(a) In addition to any other provision of probation, upon a second or subsequent conviction of a resident of this state for violating Code Section 4()..6... 391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, for which such person is granted probation, the

1"

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GENERAL ACTS AND RESOLUTIONS, VOL. I

I

court shall order as a condition of probation that such person shall have installed and shall maintain in a motor vehicle throughout the applicable sixmonth period prescribed by subsection (b) of Code Section 42-8-112 a functioning, certified ignition interlock device and that such person shall not during such six-month period drive any motor vehicle that is not so equipped; provided, however, that if a person subject to the provisions of this subsection is authorized under Code Section 40-5-63 to apply for reinstatement of his or her driver's license during the period of license suspension provided by said Code section, the court may in lieu of ordering such installation and use of an ignition interlock device order that such person shall not be eligible for any limited driving permit prior to license reinstatement. For the purposes of this subsection, a plea of nolo contendere shall constitute a conviction; and a conviction of any offense under the law of another state or territory substantially conforming to any offense under Code Section 40-6-391 shall be deemed a conviction of violating said Code section.
(b) Any resident of this state who is ordered to obtain and use an ignition interlock device, as a condition of probation, shall complete the DUI Alcohol or Drug Use Risk Reduction Program and submit to the court or probation department a certificate of completion of the DUI Alcohol or Drug Use Risk Reduction Program and certification of installation of a certified ignition interlock device.
(c) (1) If use of an ignition interlock device is ordered, the court shall include in the record of conviction or violation submitted to the Department of Public Safety notice of the requirement for, and the period of the requirement for, the use of a certified ignition interlock device. The records of the Department of Public Safety shall contain a record reflecting mandatory use of such device and the person's driver's license or limited driving permit shall contain a notation that the person may only operate a motor vehicle equipped with a functioning, certified ignition interlock device.
(2) In the case of any person subject to the provisions of subsection (a) of this Code section, unless and until the Department of Public Safety has received notice from the court that issuance of a limited driving permit prior to license reinstatement has been prohibited, the records of said department shall reflect that installation and use of an ignition interlock device has been required.
(3) If an order prohibiting issuance of a limited driving permit prior to license reinstatement is issued pursuant to subsection (a) of this Code section, the court shall include in the record of conviction or violation submitted to the Department of Public Safety notice of such prohibition. The records of the Department of Public Safety shall contain a record reflecting such prohibition.

GEORGIA LAWS 2000 SESSION

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(d) Except as provided in Code Section 42-8-112, no provision of this article shall be deemed to reduce any period of driver's license suspension or revocation otherwise imposed by law.

(e) The fee for issuance of any driver's license indicating that use of an ignition interlock device is required shall be as prescribed for a regular driver's license in Code Section 40-5-25, and the fee for issuance of any limited driving permit indicating that use of an ignition interlock device is required shall be as prescribed for a limited driving permit in Code Section 40-5-64; except that, for habitual violators required to use an ignition interlock device as a condition of a probationary license, the fee shall be as prescribed for a probationary license in Code Section 40-5-58.

42-8-112.

(a) In any case where the court imposes the use of an ignition interlock device as a condition of probation on a resident of this state whose driving privilege is not suspended or revoked, the court shall require the person to surrender his or her driver's license to the court immediately and provide proof of compliance with such order to the court or the probation officer and obtain an ignition interlock device restricted driving license within 30 days. Upon expiration of the period of time for which such person is required to use an ignition interlock device, the person may apply for and receive a regular driver's license upon payment of the fee provided for in Code Section 40-5-25. If such person fails to provide proof of installation and receipt of the restricted driving license within such period, absent a finding by the court of good cause for that failure, which finding is entered in the court's record, the court shall revoke or terminate the probation.

(b) (1) In any case where the court imposes the use of an ignition interlock device as a condition of probation on a resident of this state whose driving privilege is suspended or revoked, the court shall require the person to provide proof of compliance with such order to the court or the probation officer and the Department of Public Safety not later than the date on which such suspension or revocation concludes. If such person fails to provide proof of installation within the period required by this subsection, the department shall not reinstate such person's driver's license and, absent a finding by the court of good cause for that failure, which finding is entered on the court's record, the court shall revoke or terminate the probation.

(2) If the person subject to court ordered installation and use of an ignition interlock device as a condition of probation is authorized under Code Section 40-5-63 or 40-5-67.2 to apply for reinstatement of his or her driver's license during the period of suspension, such person shall, prior to applying for reinstatement of the license, have an ignition interlock de-

,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

vice installed and shall maintain such ignition interlock device in a motor vehicle for a period of six months running concurrently with that of an ignition interlock device limited driving permit, which permit shall not be issued until such person submits to the department proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program, proof of having undergone any clinical evaluation and of having enrolled in any substance abuse treatment program required by Code Section 40-5-63.1, and proof of installation of an ignition interlock device on his or her vehicle. Such a person may apply for and be issued an ignition interlock device limited driving permit at the end of 120 days after the suspension of the driver's license. At the expiration of such six-month ignition interlock device limited driving permit, the driver may, if otherwise qualified, apply for reinstatement of a regular driver's license upon payment of the fee provided in Code Section 40-5-25.
(3) If the person subject to court ordered installation and use of an ignition interlock device as a condition of probation is authorized under Code Section 40-5-58 or under Code Section 40-5-67.2 to obtain a habitual violator's probationary license, such person shall, if such person is a habitual violator as a result of two or more convictions for driving under the influence of alcohol or drugs, have an ignition interlock device installed, shall maintain such device in a motor vehicle for a period of six months following issuance of the probationary license, and shall not during such six-month period drive any motor vehicle that is not so equipped, all as conditions of such probationary license. Following expiration of such sixmonth period with no violation of the conditions of the probationary license, the person may apply for a habitual violator probationary license without such ignition interlock device condition.
(4) In any case where use of an ignition interlock device is required, failure to show proof of such device shall be grounds for refusal of reinstatement of such license or issuance of such habitual violator's probationary license or the immediate suspension or revocation of such license.
(c) Each resident of this state who is required to use an ignition interlock device pursuant to this article shall report to the provider center every 30 days for the purpose of monitoring the operation of each interlocking ignition device in the person's vehicle or vehicles. If at any time it is determined that a person has tampered with the device, the probation officer or the court ordering use of such device or, in the case of a driver who is not on probation, the Department of Public Safety shall be given written notice within five days. If an ignition interlock device is found to be malfunctioning, it shall be replaced or repaired, as ordered by the court or the Department of Public Safety, at the expense of the provider.

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42-8-113.

(a) No person shall knowingly rent, lease, or lend a motor vehicle to a person known to have had his or her driving privilege restricted as a condition of probation as provided in this article, unless the vehicle is equipped with a functioning, certified ignition interlock device. Any person whose driving privilege is restricted as a condition of probation as provided in this article shall notifY any other person who rents, leases, or loans a motor vehicle to him or her of such driving restriction.

(b) Any person convicted of a violation of subsection (a) of this Code section shall be guilty of a misdemeanor.

42-8-114.

(a) No judicial officer, probation officer, law enforcement officer, or other officer or employee of a court; person who owns, operates, or is employed by a private company which has contracted to provide private probation services for misdemeanor cases; or professional bondsman or agent or employee thereof shall specifY, directly or indirectly, a particular provider center which the person may or shall utilize when use of an ignition interlock device is required. This subsection shall not prohibit any judicial officer, probation officer, law enforcement officer, or other officer or employee of a court; owner, operator, or employee of a private company which has contracted to provide probation services for misdemeanor cases; or professional bondsman or agent or employee thereof from furnishing any person, upon request, the names of certified provider centers.

(b) No person who owns, operates, or is employed by a private company which has contracted to provide probation services for misdemeanor cases or professional bondsman or agent or employee thereof shall be authorized to own, operate, or be employed by a provider center.

42-8-115.

(a) The commissioner of public safety or the commissioner's designee shall certifY ignition interlock devices required by this article and the providers of such devices and shall promulgate rules and regulations for the certification of said devices and providers. The standards for certification of such devices shall include, but not be limited to, those standards for such devices promulgated by the National Highway Traffic Safety Administration and adopted by rule or regulation of the Department of Public Safety.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

',I

(b) The commissioner of public safety may utilize information from an independent agency to certify ignition interlock devices on or off the premises of the manufacturer in accordance with rules and regulations promulgated pursuant to this article. The cost of certification shall be borne by the manufacturers of ignition interlock devices.

(c) The commissioner of public safety shall adopt rules and regulations for determining the accuracy of and proper use of the ignition interlock devices in full compliance with this article. No model of ignition interlock device shall be certified unless it meets the accuracy requirements specified by such rules and regulations.

42-8-116.

The providers certified by the Department of Public Safety shall design and adopt pursuant to regulations of the department a warning label which shall be affixed to each ignition interlock device upon installation. The label shall contain a warning that any person tampering, circumventing, or otherwise misusing the device is guilty of a misdemeanor and may be subject to civil liability.

42-8-116.1.

Any other or former provision of this article notwithstanding:

( 1) The failure to install an ignition interlock device pursuant to an order of probation granted on or after May 1, 1999, but prior to the effective date of this Code section shall not be ground for suspension or revocation of driving privileges, revocation of probation, refusal to issue a probationary driver's license, or refusal to reinstate a driver's license for the person granted such probation unless the order granting such probation unequivocally conditioned probation upon the installation of an ignition interlock device; and

(2) In the case of any person who had installed and maintained an ignition interlock device in a motor vehicle for a period of six months pursuant to any order of probation granted on or after May 1, 1999, but prior to the effective date of this Code section, any lack of certification of such ignition interlock device or of the provider center for such device or lack of a limited driving permit for the period of use of such device shall not be ground for suspension or revocation of driving privileges, revocation of probation, refusal to issue a probationary driver's license, or refusal to reinstate a driver's license for the person subject to such order if such installation and the monitoring required by this article for the required period of maintenance is confirmed in writing by the provider center for such device.

GEORGIA LAWS 2000 SESSION

1471

42-8-117.
(a) In the event the sentencing court finds that a person has violated the terms of probation imposed pursuant to subsection (a) of Code Section 42-8111, the Department of Public Safety shall revoke that person's driving privilege for one year from the date the court revokes that person's probation. The court shall report such probation revocation to the Department of Public Safety by court order.

(b) In the event the sentencing court finds that a person has twice violated the terms of probation imposed pursuant to subsection (a) of Code Section 42-8-111 during the same period of probation, the Department of Public Safety shall revoke that person's driving privilege for five years from the date the court revokes that person's probation for a second time. The court shall report such probation revocation to the Department of Public Safety by court order.

42-8-118.

(a) It is unlawful for any person whose driving privilege is restricted pursuant to subsection (a) of Code Section 42-8-111 to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.
(b) It is unlawful for any person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to subsection (a) of Code Section 42-8-111.

(c) It is unlawful to tamper with, or circumvent the operation of, an ignition interlock device.

(d) Any person violating any provision of this Code section shall be guilty of a misdemeanor."

SECTION 7.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8.

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

Approved May 1, 2000.

1472

GENERAL ACTS AND RESOLUTIONS, VOL. I

GAME AND FISH - DEER; BAG LIMITS.

Code Section 27-3-15 Amended.

No. 875 (House Bill No. 1465).

AN ACT

To amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, rules and regulations, reporting the number of deer killed, and related matters, so as to increase the bag limit for deer; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, rules and regulations, reporting the number of deer killed, and related matters, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following:

"(b) It shall be unlawful to hunt the following game species at any time during the period set forth below, except that it shall not be unlawful to hunt the following game species during such periods or portions thereof, and in such number not to exceed the following numbers, as may be designated by the board as open seasons and bag limits for such species:

Game Species

Maximum Open Season

Maximum Bag Limits

Daily

Season

(1) Quail

Nov. 1 - March 15

12

No limit

(2) Grouse

Oct. 15 - Feb. 29

3

No limit

(3) Turkey gobblers March 15 - May 21

3

3

(4) Deer

Sept. 15 -Jan. 15

8

8

Up to two deer per

managed hunt may

be allowed on wild-

life management ar-

eas without comply-

ing with the state-

wide bag limit

(5) Bobcat

Oct. 15 - Feb. 29

No limit No limit

(6) Opossum

GEORGIA lAWS 2000 SESSION
(A) Oct. 15 - Feb. 29, for that area north of and ineluding Haralson, Paulding, Bartow, Cherokee, Forsyth, Hall, Banks, Franklin, and Hart counties; and

No limit

1473 No limit

(B) Jan. 1 - Dec. 31 for the remainder of the state

No limit No limit

(7) Rabbit

Nov. 1 - Feb. 29

12

No limit

(8) Raccoon

(A) Oct. 15 - Feb. 29, for that area north of and ineluding Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Taliaferro, Wilkes, and Lincoln counties; and

No limit No limit

(B) Jan. 1 - Dec. 31 for the remainder of the state

No limit No limit

(9) Squirrel

Aug. 15 - Feb. 29

12

No limit

(10) Fox

Jan. 1 -Dec. 31

No limit No limit

(11) Migratory game birds

Sept. 1 - March 10

Subject to limits set by the federal government and adopted by the board

(12) Bear

Sept. 15 -Jan. 15

(13) Alligators

April 1 - Oct. 31

Subject to limits adopted by the board"

SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

---r "J;;

1474

GENERAL ACTS AND RESOLUTIONS, VOL. I

STATE GOVERNMENT - OFFICE OF TREASURY AND FISCAL SERVICES; INVESTMENT AUTHORITY; INVESTMENTS MADE FOR CERTAIN PUBLIC
FUNDS.
Code Titles 50 and 20, 36, and 45 Amended.
No. 877 (House Bill No. 1508).

AN ACT
To amend Chapter SA of Title 50 of the Official Code of Georgia Annotated, relating to the Office of Treasury and Fiscal Services, so as to provide for additional powers, duties, and authority of such office and the director thereof; to provide for investment standards; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change certain provisions relating to investment authority regarding the health insurance funds for public school teachers and public school employees; to amend Chapter 83 of Title 36 of the Official Code of Georgia Annotated, relating to the local government investment pool, so as to change certain provisions relating to investment authority regarding such pool; to provide for payment of certain administrative expenses; to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to provide for investment of certain available funds; to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefit plans, so as to change certain provisions relating to investment authority regarding such plans; to amend Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services, so as to change certain provisions relating to investment authority regarding the Workers' Compensation Trust Fund and liability insurance and self-insurance plans for state authorities; to amend Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to change certain provisions relating to investment authority regarding state insurance and hazard reserve funds; to amend Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state debt, investment, and depositories, so as to change certain provisions relating to investment authority regarding demand funds; to amend Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to certain waiver of sovereign immunity, so as to change certain provisions relating to investment authority regarding the State Tort Claims Trust Fund; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2000 SESSION

1475

SECTION 1.

Chapter SA of Title 50 of the Official Code of Georgia Annotated, relating to the Office of Treasury and Fiscal Services, is amended by striking Code Section 50-5A-7, relating to duties of the Office of Treasury and Fiscal Services, and inserting in its place a new Code Section 50-SA-7, to read as follows:

"50-5A-7.

(a) It shall be the duty of the Office of Treasury and Fiscal Services:

(1) To receive and keep safely all moneys which shall from time to time be paid to the treasury of this state, and to pay all warrants legally drawn on the treasury by the Governor and countersigned by the Comptroller General or, in the Comptroller General's absence, by the deputy comptroller general, and to pay all drafts of the President of the Senate and the Speaker of the House of Representatives for sums lawfully due the members and officers of their respective bodies;

(2) To keep good and sufficient accounting records of every sum of money received into, or disbursed from, the state treasury, utilizing an accounting system in conformity with generally accepted accounting principles and approved by the state auditor;

(3) To keep a true and faithful record of all warrants drawn by the Governor on the treasury and all drafts drawn on the treasury by the President of the Senate and the Speaker of the House of Representatives;

(4) To keep a true and faithful record of the accounts with all designated state depositories in which the state's money is deposited, showing the principal amount and the interest earned in each depository;

(5) To keep safely certificates of stock, securities, state bonds, and other evidences of debt and to manage and control the same for the purposes to which they are pledged;

(6) To invest all state and custodial funds, subject to the limitations of subsection (b) of this Code section and Chapter 17 of this title;

(7) To invest all health insurance funds, subject to the limitations of subsection (b) of this Code section and Chapter 17 of this title;

(8) To invest all self-insurance, liability, indemnification, tort claims, workers' compensation, or related funds, subject to the limitations of subsection (b) of this Code section and Chapter 17 of this title; and

(9) To invest all other funds in its possession, subject to the limitations of subsection (b) of this Code section and Chapter 17 of this title.

1476

GENERAL ACTS AND RESOLUTIONS, VOL. I

'

(b) Pursuant to an investment policy adopted by the State Depository Board, the Office of Treasury and Fiscal Services shall invest funds through the director. The director shall invest all funds with the degree of judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering first the probable safety of their capital and then the probable income to be derived."

SECTION 2.

Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking subsection (b) of Code Section 20-2-891, relating to the health insurance fund for public school teachers, and inserting in its place a new subsection (b) to read as follows:

"(b) Any amounts held by the health insurance fund which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services shall deposit such funds in a trust account for credit only to the health insurance fund. The director of the Office of Treasury and Fiscal Services shall invest these health insurance funds subject to the limitations of Code Section 50-SA-7 and Chapter 17 of Title 50. All income derived from such investment shall accrue to the health insurance fund. When moneys are paid over to the Office of Treasury and Fiscal Services as provided in this subsection, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner wishes to withdraw funds from the trust account provided for in this subsection, he or she shall submit a request for such withdrawal, in writing, to the director of the Office of Treasury and Fiscal Services."

SECTION 3.

Said chapter is further amended by striking Code Section 20-2-919, relating to investment of the health insurance fund for public school employees, and inserting in its place a new Code Section 20-2-919 to read as follows:

"20-2-919.

Any amounts held by the health insurance fund which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services shall deposit such funds in a trust account for credit only to the health insurance fund. The director of the Office of Treasury and Fiscal Services shall invest these health insurance funds subject to the limitations of Code Section 50-5A-7 and Chapter 17 of Title 50. All income derived from such investments shall accrue to the health insurance fund. When moneys are paid over to the Office of Treasury and Fiscal Services, as provided in this Code section, the commissioner shall submit an estimate of the date such funds shall no

GEORGIA LAWS 2000 SESSION

1477

longer be available for investment. When the commissioner wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal, in writing, to the director of the Office of Treasury and Fiscal Services."

SECTION 4.

Chapter 83 of Title 36 of the Official Code of Georgia Annotated, relating to the local government investment pool, is amended by striking subsections (c) and (I) of Code Section 36-83-8, relating to the local government investment pool, and inserting in their respective places new subsections (c) and (I) to read as follows:

"(c) The director shall invest moneys in the local government investment pool with the degree of judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering first the probable safety of their capital and then the probable income to be derived. Specifically, the types of authorized investments for pool assets shall be limited to those set forth in Code Section 50SA-7 and Chapter 17 of Title 50."

"(l) Payments of amounts for administrative expenses shall be deemed contractually obligated funds held in trust for the benefit of the local government investment pool and shall not lapse."

SECTION 5.

Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, is amended by striking subsection (a) of Code Section 45-94, relating to duties of the commissioner of administrative services, and inserting in its place a new subsection (a) to read as follows:

"(a) When the commissioner of administrative services determines that an adequate number of agencies, boards, bureaus, commissions, departments, or authorities of this state have requested the commissioner to do so, the commissioner shall have the authority to purchase policies of liability insurance, reinsurance, or contracts of indemnity insuring or indemnifYing the officers, officials, or employees of such agencies, boards, bureaus, commissions, departments, or authorities against personal liability for damages arising out of the performance of their duties or in any way connected therewith, under a master policy or on a blanket coverage basis with or without deductibles or excess coverage. The commissioner may provide for endorsements for contractual liability and, where necessary or convenient to the public functions of the state, the commissioner may also provide for additional insureds. In such event, the commissioner may alternatively retain all

1478

GENERAL ACTS AND RESOLUTIONS, VOL. I

'llc c1 j

moneys paid to the Department of Administrative Services as premiums on such policies of liability insurance or contracts of indemnity, all moneys received as interest, and all moneys received from other sources to set up and maintain a reserve fund for the payment of such liability under, and the expenses necessary to administer properly, a self-insurance program. If the commissioner decides to institute a self-insurance program, the commissioner shall establish and maintain a reserve fund for the payment of liabilities arising out of claims against officers, officials, and employees of the state and for any additional insureds. Any amounts held by the commissioner which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services shall deposit such funds in a trust account for credit only to the self-insurance program. The director of the Office of Treasury and Fiscal Services shall invest these funds subject to the limitations of Code Section 50-5A-7 and Chapter 17 of Title 50. All income derived from such investments shall accrue to the self-insurance program. When moneys are paid over to the Office of Treasury and Fiscal Services, as provided in this subsection, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal, in writing, to the director of the Office of Treasury and Fiscal Services."

SECTION 6.

Said chapter is further amended by striking Code Section 45-9-84.1, relating to the Georgia State Indemnification Fund, and inserting in its place a new Code Section 45-9-84.1 to read as follows:

"45-9-84.1.

There is created a fund to be known as the Georgia State Indemnification Fund. The custodian of the Georgia State Indemnification Fund shall be the Department of Administrative Services. The Department of Administrative Services shall administer the Georgia State Indemnification Fund. Any amounts held by the Georgia State Indemnification Fund which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services shall deposit such funds in a trust account for credit only to the Georgia State Indemnification Fund. The director of the Office of Treasury and Fiscal Services shall invest such funds subject to the limitations of Code Section 505A-7 and Chapter 17 of Title 50. All income derived from such investments shall accrue to the Georgia State Indemnification Fund. When moneys are paid over to the Office of Treasury and Fiscal Services, as provided in this Code section, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner

GEORGIA lAWS 2000 SESSION

1479

wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal, in writing, to the director of the Office of Treasury and Fiscal Services."

SECTION 7.

Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefits plans, is amended by striking Code Section 45-18-13, relating to deposit and investment of certain health insurance funds, and inserting in its place a new Code Section 45-18-13 to read as follows:

"45-18-13.

Any amounts held by the health insurance fund which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services shall deposit said funds in a trust account for credit only to the health insurance fund. The director of the Office of Treasury and Fiscal Services shall invest these health insurance funds subject to the limitations of Code Section 50-5A-7 and Chapter 17 of Title 50. All income derived from said investments shall accrue to the health insurance fund. When moneys are paid over to the Office of Treasury and Fiscal Services as provided in this Code section, the commissioner of community health shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner of community health wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal in writing to the director of the Office of Treasury and Fiscal Services."

SECTION 8.

Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services, is amended by striking Code Section 50-5-14, relating to the Workers' Compensation Trust Fund, and inserting in its place a new Code Section 50-5-14 to read as follows:

"50-5-14.

In order to finance the continuing liability established with other agencies of state government, the Workers' Compensation Trust Fund is authorized to retain all moneys paid into the fund as premiums on policies of insurance and all moneys received as interest and all moneys received from other sources as a reserve for the payment of such liability and the expenses necessary to the proper conduct of such insurance program administered by the fund. Any amounts held by the Workers' Compensation Trust Fund which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services

1480

GENERAL ACTS AND RESOLUTIONS, VOL. I

shall deposit such funds in a trust account for credit only to the Workers'

Compensation Trust Fund. The director of the Office of Treasury and Fiscal

Services shall invest such funds subject to the limitations of Code Section 50-

SA-7 and Chapter 17 of this title. All income derived from such investments

shall accrue to the Workers' Compensation Trust Fund. When moneys are

paid over to the Office of Treasury and Fiscal Services, as provided in this

Code section, the commissioner shall submit an estimate of the date such

funds shall no longer be available for investment. When the commissioner

wishes to withdraw funds from the trust account provided for in this Code

section, he or she shall submit a request for such withdrawal, in writing, to

the director of the Office of Treasury and Fiscal Services."

I

SECTION 9.

I

Said chapter is further amended by striking subsection (b) of Code Section 505-16, relating to liability insurance and self-insurance for state authorities, and inserting in its place a new subsection (b) to read as follows:

"(b) State funds may be appropriated for the program, but the commissioner shall charge such premiums and other payments as the commissioner determines necessary or useful. From the funds available to the commissioner, the commissioner shall establish such reserves as the commissioner determines necessary, purchase commercial policies, employ consultants, and otherwise administer the program. Any amounts held by the liability insurance or self-insurance funds which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services shall deposit such funds in trust accounts for credit only to the liability insurance and self-insurance funds. The director of the Office of Treasury and Fiscal Services shall invest the liability insurance and self-insurance funds subject to the limitations of Code Section 50-SA-7 and Chapter 17 of this title. All income derived from such investments shall accrue to the liability insurance and self-insurance funds. When moneys are paid over to the Office of Treasury and Fiscal Services, as provided in this Code section, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal, in writing, to the director of the Office of Treasury and Fiscal Services."

SECTION 10.

Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, is amended by striking Code Section 50-16-12, relating to state insurance and hazard reserve funds, and inserting in its place a new Code Section 50-16-12 to read as follows:

GEORGIA lAWS 2000 SESSION

1481

"50-16-12.
In order to finance the continuing liability established with other agencies of state government, the state insurance and hazard reserve fund is authorized to retain all moneys paid into the fund as premiums on policies of insurance, all moneys received as interest, and all moneys received from other sources as a reserve for the payment of such liability and the expenses necessary to the proper conduct of such insurance program administered by the fund. Any amounts held by the state insurance and hazard reserve fund which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services shall deposit such funds in a trust account for credit only to the state insurance and hazard reserve fund. The director of the Office of Treasury and Fiscal Services shall invest such funds subject to the limitations of Code Section 50-SA-7 and Chapter 17 of this title. All income derived from such investments shall accrue to the state insurance and hazard reserve fund. When moneys are paid over to the Office of Treasury and Fiscal Services, as provided in this Code section, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal, in writing, to the director of the Office of Treasury and Fiscal Services."
SECTION 11.
Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state debt, investment, and depositories, is amended by striking subsection (b) of Code Section 50-17-63, relating to deposit of demand funds and investment of funds, and inserting in its place a new subsection (b) to read as follows:
"(b) All departments, boards, bureaus, and other agencies of the state shall report to the board, on such forms and at such times as the board may prescribe, such information as the board may reasonably require concerning deposits and withdrawals pursuant to this Code section and shall enable the board to determine compliance with this Code section. Interest earned on state funds withdrawn from the state treasury on approved budgets shall be remitted to the Office of Treasury and Fiscal Services by each department, board, bureau, or agency and placed in the general fund. The board may permit the director to invest in any one or more of the following: bankers' acceptances; commercial paper; bonds, bills, certificates of indebtedness, notes, or other obligations of the United States and its subsidiary corporations and instrumentalities or entities sanctioned or authorized by the United States government including, but not limited to, obligations or securities issued or guaranteed by Banks for Cooperatives regulated by the Farm

'

1482

GENERAL ACTS AND RESOLUTIONS, VOL. I

Credit Administration, the Commodity Credit Corporation, Farm Credit Banks regulated by the Farm Credit Administration, Federal Assets Financing Trusts, the Federal Financing Bank, Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Financial Assistance Corporation chartered by the Farm Credit Administration, the Government National Mortgage Association, the ImportExport Bank, Production Credit Associations regulated by the Farm Credit Administration, the Resolution Trust Corporation, and the Tennessee Valley Authority; obligations of corporations organized under the laws of this state or any other state but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that such obligation shall be listed as investment grade by a nationally recognized rating agency; 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 that such securities are listed as investment grade by a nationally recognized rating agency; and, provided, further, such securities are fully negotiable and transferable; or obligations issued, assumed, or guaranteed by the International Bank for Reconstruction and Development or the International Financial Corporation, provided that such securities are listed as investment grade by a nationally recognized rating agency and are fully negotiable and transferable; provided, however, that interest earned on the investment of motor fuel tax revenues shall be defined as motor fuel tax revenues and shall be appropriated in conformity with and pursuant to Article III, Section IX, Paragraph Vl(b) of the Constitution of Georgia."
SECTION 12.

Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to certain waivers of sovereign immunity, is amended by striking subsection (b) of Code Section 50-21-33, relating to liability insurance, self-insurance, and the State Tort Claims Trust Fund, and inserting in its place a new subsection (b) to read as follows:

"(b) The commissioner of administrative services shall have the authority to purchase policies of liability insurance or contracts of indemnity insuring or indemnifying the state against liabilities arising under this article. In addition or alternatively, the commissioner of administrative services may retain all moneys paid to the Department of Administrative Services by state government entities as premiums for insurance or indemnity against liabilities arising under this article, and all money specifically appropriated to the Department of Administrative Services for the payment of liabilities under this article, all moneys received as interest, and all funds received from other sources to set up and maintain a reserve fund for the payment of judgments and claims against the state under this article and for payment of the ex-

GEORGIA lAWS 2000 SESSION

1483

penses necessary to properly administer a self-insurance program. Any amounts held by the State Tort Claims Trust Fund which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services shall deposit such funds in a trust account for credit only to the State Tort Claims Trust Fund. The director of the Office of Treasury and Fiscal Services shall invest such funds subject to the limitations of Code Section 50-5A-7 and Chapter 17 of this title. All income derived from such investments shall accrue to the State Tort Claims Trust Fund. When moneys are paid over to the Office of Treasury and Fiscal Services, as provided in this subsection, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal, in writing, to the director of the Office of Treasury and Fiscal Services. State agencies which provide services or incur expenses in connection with any claim covered by this article may receive payment from the fund for such services and expenses."

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 May 1, 2000.

HIGHWAYS, BRIDGES, AND FERRIES - FUNDS FOR PUBLIC ROADS; ALLOCATION AMONG CONGRESSIONAL DISTRICTS.
Code Sections 32-5-30 and 32-5-31 Amended.
No. 878 (House Bill No. 1553).
AN ACT
To amend Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to funds for public roads, so as to change certain provisions relating to allocation of transportation funds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

~

1484

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1.

Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to funds for public roads, is amended by striking Article 3, relating to allocation of transportation funds, and inserting in lieu thereof the following:

"ARTICLE 3

32-5-30.

(a) The total of expenditures from the State Public Transportation Fund under paragraphs (4), (5), and (6) of Code Section 32-5-21 plus expenditures of federal funds appropriated to the department, not including any state or federal funds specifically designated for maintenance and operations, any project undertaken for purposes of the Developmental Highway System provided by Code Section 32-4-22, or any project of the Georgia Regional Transportation Authority, Georgia Ports Authority, or Metropolitan Atlanta Rapid Transit Authority, shall be budgeted by the department over each five-year period commencing July 1, 1999, and quinquenially thereafter such that at the end of such period funding obligations equivalent to at least 85 percent of such total for such period shall have been divided equally among the congressional districts in this state for public road and other public transportation purposes in such districts; with the remainder of such total divided among congressional districts such that five percent of such total for such period shall have been obligated for public road projects incidental to economic development purposes anywhere in this state, and no congressional district shall have received funding obligations pursuant to this subsection for such period which are more than 20 percent greater than that received by any other congressional district pursuant to this subsection for such period.

(b) The board may upon approval by two-thirds of its membership authorize a reduction in the share of funds allocated pursuant to this Code section to any congressional district if such supermajority of the board determines that such district does not have sufficient projects available for expenditure of funds within that district to avoid lapsing of appropriated funds.

(c) Provisions of this Code section may be waived pursuant to subsection (b) of Code Section 32-5-1 only upon approval by two-thirds of the membership of the board.

32-5-31.

In each calendar year, the board shall provide to the Governor, Lieutenant Governor, and Speaker of the House of Representatives a written report detailing the allocation of funding obligations among congressional districts pursuant to Code Section 32-5-30 for the fiscal year ending June 30 of that same calendar year. Such report shall include without limitation the annual

GEORGIA lAWS 2000 SESSION

1485

funding obligations and the projected expenditures of funds for the five-year period and any and all documents or information indicating how the department intends to allocate the applicable state and federal funds among congressional districts as required by Code Section 32-5-30 or a detailed explanation of why the department is unable to allocate such funds as required."

SECTION 2.

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

Approved May 1, 2000.

COURTS - CERTAIN COURTS IN COUNTIES OF MORE THAN 600,000 POPUlATION; JUDGES' SALARIES.
Ga. L. 1973, p. 2308, as amended, Repealed.
No. 879 (House Bill No. 1541).
AN ACT
To repeal an Act fixing the salaries of certain judges of certain courts within counties having a population in excess of 600,000 according to the United States decennial census of 1990 or any future such census, approved March 28, 1973 (Ga. L. 1973, p. 2308), as amended, particularly by an Act approved April 17, 1992 (Ga. L. 1992, p. 2049); to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act fixing the salaries of certain judges of certain courts within counties having a population in excess of 600,000 according to the United States decennial census of 1990 or any future such census, approved March 28, 1973 (Ga. L. 1973, p. 2308), as amended, particularly by an Act approved April 17, 1992 (Ga. L. 1992, p. 2049), is repealed in its entirety.
SECTION 2.
This Act shall become effective on January 1, 2001.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Approved May 1, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

INSURANCE - ANNUITIES; CONTRACT PROVISIONS; CASH SURRENDER BENEFITS.

Code Section 33-28-3 Amended.

No. 880 (House Bill No. 1594).

AN ACT

To amend Code Section 33-28-3 of the Official Code of Georgia Annotated, relating to standard nonforfeiture provisions for individual deferred annuities, so as to change certain provisions relating to cash surrender benefits; to change certain provisions relating to operative dates of said Code section; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 33-28-3 of the Official Code of Georgia Annotated, relating to standard nonforfeiture provisions for individual deferred annuities, is amended by striking the undesignated introductory paragraph in subsection (c), paragraph (2) of subsection (c), and subsection (1) and inserting in their respective places the following:

"(c) In the case of contracts issued on or after July 1, 2000, no contract of annuity, except as stated in subsection (b) of this Code section, shall be delivered or issued for delivery in this state unless it contains in substance tbe following provisions or corresponding provisions which in the opinion of tbe Commissioner are at least as favorable to the contract holder upon cessation of payment of considerations under the contract:"

"(2) If a contract provides for a lump sum settlement at maturity or at any other time, that upon surrender of the contract at or prior to the commencement of any annuity payments, the company will pay in lieu of any paid-up annuity benefit a cash surrender benefit of such amount as is specified in subsections (e) through (h) and (j) of this Code section and that interest shall be payable on such amount in tbe same manner, at the same rate, and subject to the same conditions as provided by Code Section 33-25-10 for payment of interest on proceeds or payments under an individual policy of life insurance. Subject to the provisions of this paragraph, the company shall reserve the right to defer the payment of the cash surrender benefit for a period of six months after demand for tbe benefit with surrender of the contract. The provisions of this paragraph requiring the payment of interest shall not apply to variable contracts which provide for annuity benefits which may vary according to the investment experience of any separate account or accounts maintained by tbe company as to such contract;"

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GEORGIA LAWS 2000 SESSION

1487

SECTION 2.

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

Approved May 1, 2000.

PROPERTY- NONCONFORMING LIENS; NONELIGIBILITY FOR FILING; EXPEDITED CANCELLATION IF FILED AGAINST GOVERNMENT OFFICIAL OR EMPLOYEE.
Code Section 44-14-320 Amended.
No. 881 (House Bill No. 1601).
AN ACT
To amend Code Section 44-14-320 of the Official Code of Georgia Annotated, relating to establishment of certain liens and removal of nonconforming liens, so as to provide that nonconforming liens are not eligible for filing and recording; to provide procedures for expedited cancellation of nonconforming liens filed against government officials or employees; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 44-14-320 of the Official Code of Georgia Annotated, relating to establishment of certain liens and removal of nonconforming liens, is amended by striking subsections (b) and (c) and inserting in lieu thereof the following:
"(b) (1) All liens provided for in this chapter or specifically established by federal or state statute, county, municipal, or consolidated government ordinance or specifically established in a written declaration or covenant which runs with the land shall be exempt from subsection (c) of this Code section. All other liens shall be defined as nonconforming liens and shall not be eligible for filing and recording.
(2) Each nonconforming lien shall be a nullity with no force or effect whatsoever, even if said nonconforming lien is filed, recorded, and indexed in the land records of one or more counties in this state.
(c) (1) Any person, corporation, or other entity against whose property a nonconforming lien is filed or recorded may, without notice to any party, file an ex parte petition for an order to remove a nonconforming lien from the record in the superior court of the county in which said lien is filed or recorded and obtain an order from said superior court directing

T

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GENERAL ACTS AND RESOLUTIONS, VOL. I

the clerk of the superior court to record the order and mark the recorded

nonconforming lien: 'CANCELED OF RECORD PURSUANT TO ORDER

DATED

, RECORDED AT DEED BOOK

, PAGE

_ _ _ . THIS _ _ DAY OF

, __.' The petition shall

set forth that:

(A) The movant is a party against whose property a nonconforming lien is filed;

(B) The lien in question is a nonconforming lien as defined under this Code section; and

(C) A certified copy of the nonconforming lien is attached as an exhibit.

The petition must be executed by the movant or movant's attorney. The order may be entered as early as the date of filing of the petition and shall set forth that, upon review of the petition and the certified copy of the recorded instrument attached thereto, it is the order of the court that said lien is a nonconforming lien under this Code section and that the clerk of the court is ordered to record the order and mark the nonconforming lien canceled of record.

(2) Any official or employee of the government of this state or any branch thereof, any political subdivision of this state, or the government of the United States or any branch thereof against whose property a nonconforming lien is filed or recorded may, without notice to any party and in lieu of the procedure provided by paragraph (1) of this subsection, file an ex parte affidavit of nonconforming lien in the superior court of the county in which said lien is filed or recorded. The affidavit shall set forth that:

(A) Such person against whose property a nonconforming lien is filed is an official or employee of the government of this state or a branch thereof, a political subdivision of this state, or the government of the United States or a branch thereof;

(B) The lien in question is a nonconforming lien as defined under this Code section and was filed against the government official or employee based upon the performance or nonperformance of his or her official duties; and

(C) A certified copy of the nonconforming lien is attached as an exhibit.

The affidavit filed for such government official or employee must be executed by the Attorney General or a deputy or assistant attorney general in the case of an official or employee of the government of this state or a branch thereof, the attorney representing a political subdivision of this

GEORGIA lAWS 2000 SESSION

1489

state in the case of an official or employee of such political subdivision, or

a United States attorney or an assistant United States attorney in the case

of an official or employee of the government of the United States or a

branch thereof. The lien shall be conclusively presumed to be noncon-

forming upon the filing of such affidavit, and the clerk of the court shall

instanter mark the recorded nonconforming lien: 'CANCELED OF RE-

CORD PURSUANT TO AFFIDAVIT DATED

, RECORDED

A_T_D_E_ED__BO, O_K_._. _, PAGE _ _. THIS

DAY OF

SECTION 2.

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

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

Approved May 1, 2000.

EDUCATION - PROMISE TEACHER'S SCHOlARSHIP; ELIGIBILITY
Code Section 20-3-519 Amended.
No. 882 (House Bill No. 1619).
AN ACT
To amend Code Section 20-3-519.7 of the Official Code of Georgia Annotated, relating to PROMISE teacher's scholarships, so as to change the requirements for eligibility for the scholarship and define certain terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 20-3-519.7 of the Official Code of Georgia Annotated, relating to PROMISE teacher's scholarships, is amended by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) and by adding at the end thereof a new subsection (d) to read, respectively, as follows:
"(a) To be eligible for a PROMISE teacher's scholarship, a student seeking a bachelor's degree in teacher education shall:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) Be admitted, enrolled, and classified as an undergraduate student in a matriculated status at an eligible postsecondary institution maintaining satisfactory academic progress in accordance with the standards and practices used for federal Title IV programs by the institution at which the student is enrolled;
(2) For a student in the junior year or a student in the senior year, have earned a minimum overall cumulative 3.2 postsecondary grade average at the beginning of the first term for which scholarship aid is requested and be maintaining satisfactory academic progress in his or her course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled;
(3) Be accepted for enrollment into an approved teacher education program in Georgia leading to initial certification;
(4) Not yet have obtained a baccalaureate degree; and
(5) Agree to teach in a public school in Georgia at the preschool, elementary, middle, or secondary level for one academic year for each $1,500.00 in PROMISE teacher scholarship funds awarded and sign a promissory note that stipulates the cash repayment obligation incurred if the teaching service is not fulfilled."
"(d) As used in this Code section and notwithstanding any provision of Code Section 20-3-519 to the contrary, the term:
(1) 'Student in the junior year' means a student at a postsecondary institution who is classified as a junior by the postsecondary institution in which he or she is enrolled.
(2) 'Student in the senior year' means a student at a postsecondary institution who is classified as a senior by the postsecondary institution in which he or she is enrolled."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Approved May 1, 2000.

GEORGIA LAWS 2000 SESSION

1491

ELECTIONS - CAMPAIGN FINANCE; DISCLOSURE AND REGULATION.

Code Title 21, Chapter 5 Amended.

No. 883 (House Bill No. 1630).

AN ACT

To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to revise provisions relating to campaign finance disclosure and regulation; to add definitions; to change provisions relating to limitations upon amounts of contributions; to provide for separate depository accounts and limitations on spending the money in such accounts; to change the time of filing of certain campaign finance disclosure reports; to require registration of certain persons; to specify the content of certain disclosure reports; to provide for electronic filing of campaign contribution disclosure reports; to allow the acceptance of certain contributions at certain times, in certain amounts, and for certain purposes; to require reporting and disclosure of certain independent expenditures; to provide for related matters; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," is amended by adding after paragraph (8) of Code Section 21-5-3, relating to definitions, a new paragraph (8.1) to read as follows:

"(8.1) 'Election cycle' means the period from the day following the date of an election or appointment of a person to elective public office through and including the date of the next such election of a person to the same public office and shall be construed and applied separately for each elective office."

SECTION 2.

Said chapter is further amended by adding after paragraph (12) of Code Section 21-5-3, relating to definitions, a new paragraph (12.1) to read as follows:

"(12.1) 'Independent committee' means any committee, club, association, partnership, corporation, labor union, or other group of persons, other than a campaign committee, political party, or political action committee, which receives donations during a calendar year from persons who are members or supporters of the committee and which expends such funds either for the purpose of affecting the outcome of an election for any elected office or to advocate the election or defeat of any particular candidate."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 3.

Said chapter is further amended by striking in its entirety Code Section 21-534, relating to campaign finance disclosure reports, and inserting in its place two new Code sections to read as follows:

"21-5-34.

(a)(1)(A) The candidate or the chairperson or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office except county and municipal offices or the General Assembly and the chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or state-wide referendum shall sign and file with the Secretary of State the required campaign contribution disclosure reports. A candidate for membership in the General Assembly or the chairperson or treasurer of such candidate's campaign committee shall file such candidate's reports with the Secretary of State and a copy thereof with the election superintendent of the county of such candidate's residence.

(B) The chairperson or treasurer of each independent committee as defined in Code Section 21-5-3 shall file the required disclosure reports with the Secretary of State.

(2) (A) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election shall file a campaign contribution disclosure report as prescribed by this chapter; provided, however, that such report shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. All advertising pertaining to referendums must identify the principal officer of such campaign committee by listing or stating the name and title of the principal officer.

(B) If a campaign committee is required to file a report under subparagraph (A) of this paragraph, such report shall be filed with the election superintendent of the county in the case of a county election or with the municipal clerk in the case of a municipal election. Any such report shall be filed 15 days prior to the date of the election; and a final report shall be filed prior to December 31 of the year in which the election is held.

GEORGIA LAWS 2000 SESSION

1493

(3) A candidate for county office or the chairperson or treasurer of such candidate's campaign committee shall sign and file the required campaign contribution disclosure reports with the election superintendent in the respective county of election.

(4) A candidate for municipal office or such candidate's campaign committee shall file the reports with the municipal clerk in the respective municipality of election or, if there is no clerk, with the chief executive officer of the municipality.

(b) (1) All reports shall list the following:

(A) The amount and date of receipt, along with the name, mailing address, occupation, and employer of any person making a contribution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events coordinated for the purpose of raising campaign contributions for the reporting candidate;

(B) The name and mailing address and occupation or place of employment of any person to whom an expenditure of $101.00 or more is made and the amount, date, and general purpose of such expenditure;

(C) When a contribution consists of a loan, advance, or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship;

(D) Total contributions received and total expenditures made as follows:

(i) Contributions and expenditures shall be reported for the applicable reporting cycle;

(ii) A reporting cycle shall commence on January 1 of the year in which an election is to be held for the public office to which a candidate seeks election and shall conclude:

(I) At the expiration of the term of office if such candidate is elected and does not seek reelection or election to some other office;

(II) On December 31 of the year in which such election was held if such candidate is unsuccessful; or

1494

GENERAL ACTS AND RESOLUTIONS, VOL. I

(III) If such candidate is successful and seeks reelection or seeks election to some other office the current reporting cycle shall end when the reporting cycle for reelection or for some other office begins;
(iii) The first report of a reporting cycle shall list the net balance on hand brought forward from the previous reporting cycle, if any, and the total contributions received during the period covered by the report;
(iv) Subsequent reports shall list the total contributions received during the period covered by the report and the cumulative total of contributions received during the reporting cycle;
(v) The first report of a reporting cycle shall list the total expenditures made during the period covered by the report;

(vi) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the reporting cycle, and net balance on hand; and
(vii) If a public officer seeks reelection to the same public office, the net balance on hand at the end of the current reporting cycle shall be carried forward to the first report of the applicable new reporting cycle; and
(E) The corporate, labor union, or other affiliation of any political action committee or independent committee making a contribution of $101.00 or more.
(2) Each report shall be in such form as will allow for the separate identification of a contribution or contributions which are less than $101.00 but which become reportable due to the receipt of an additional contribution or contributions which when combined with such previously received contribution or contributions cumulatively exceed $101.00.
(c) Candidates or campaign committees which accept contributions, make expenditures designed to bring about the nomination or election of a candidate, or have filed a declaration of intention to accept campaign contributions pursuant to subsection (g) of Code Section 21-5-30 shall file campaign contribution disclosure reports in compliance with the following schedule:
(1) In each nonelection year on June 30 and December 31;
(2) In each year in which the candidate qualifies to run for public office:
(A) On March 31, June 30, September 30, October 25, and December 31;

GEORGIA LAWS 2000 SESSION

1495

(B) Six days before any run-off primary or election in which the candidate is listed on the ballot; and

(C) During the period of time between the last report due prior to the date of any state-wide primary or state-wide election for which the candidate is qualified and the date of such primary or election, all contributions of $1,000.00 or more must be reported within 48 hours of receipt to the location where the original disclosure report for such candidate or committee was filed and also reported on the next succeeding regularly scheduled campaign contribution disclosure report;

(3) If the candidate is candidate in a special primary or special primary runoff, 15 days prior to the special primary and six days prior to the special primary runoff; and

(4) If the candidate is candidate in a special election or special election runoff, 15 days prior to the special election and six days prior to the special election runoff.

All persons or entities required to file reports shall have a five-day grace period in filing the required reports, except that the grace period shall be two days for required reports prior to run-off primaries or run-off elections, and no grace period shall apply to contributions required to be reported within 48 hours. The mailing of such reports by United States mail with adequate postage affixed, within the required filing time as determined by the official United States postage date cancellation, shall be prima-facie evidence of filing but reports required to be filed within 48 hours of a contribution must also be reported by facsimile, electronic transmission, or otherwise within those 48 hours to the location where the original disclosure report for such candidate or committee was filed. A report or statement required to be filed by this Code section other than a report of contributions required to be reported within 48 hours shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in the calendar year of the election shall contain cumulative totals of all contributions which have been received and all expenditures which have been made in support of the campaign in question and which are required, or previously have been required, to be reported.

(d) In the event any candidate covered by this chapter has no opposition in either a primary or a general election and receives no contribution of $101.00 or more, such candidate shall only be required to make the initial and final report as required under this chapter.

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1496

GENERAL ACTS AND RESOLUTIONS, VOL. I

(e) Any person who makes contributions to, accepts contributions for, or makes expenditures on behalf of candidates, and any independent committee, shall file a registration with the Secretary of State in the same manner as is required of campaign committees prior to accepting or making contributions or expenditures. Such persons, other than independent committees, shall also file campaign contribution disclosure reports in the same places and at the same times as required of the candidates they are supporting. The following persons shall be exempt from the foregoing registration and reporting requirements:
(1) Individuals making aggregate contributions of $25,000.00 or less directly to candidates or the candidates' campaign committees in one calendar year; and

(2) Persons other than individuals making aggregate contributions and expenditures to or on behalf of candidates of $5,000.00 or less in one calendar year.

(f) (1) Any independent committee which accepts contributions or makes expenditures for the purpose of affecting the outcome of an election or advocates the election or defeat of any candidate shall file disclosure reports with the Secretary of State as follows: (A) on the first day of each of the two calendar months preceding any such election; (B) two weeks prior to the date of such election; and (C) within the two-week period prior to the date of such election the independent committee shall report within 48 hours any contributions or expenditure of more than $1,000.00. The independent committee shall file a final report prior to December 31 of the year in which the election is held and shall file supplemental reports on June 30 and December 31 of each year that such independent committee continues to accept contributions or make expenditures.

(2) Reports filed by independent committees shall list the following:

(A) The amount and date of receipt, along with the name, mailing address, occupation, and employer of any person making a contribution of $101.00 or more;
(B) The name, mailing address, occupation, and employer of any person to whom an expenditure or provision of goods or services of the value of $101.00 or more is made and the amount, date, and general purpose thereof, including the name of the candidate or candidates, if any, on behalf of whom, or in support of or in opposition to whom, the expenditure or provision was made;
(C) Total expenditures made as follows:

(i) Expenditures shall be reported for the applicable reporting year;

GEORGIA LAWS 2000 SESSION

1497

(ii) The first report of a reporting year shall list the total expenditures made during the period covered by the report; and

(iii) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the reporting year, and net balance on hand;

(D) The corporate, labor union, or other affiliation of any political action committee, candidate, campaign committee, or independent committee making a contribution of the value of $101.00 or more.

(3) Whenever any independent committee makes an expenditure for the purpose of financing any communication intended to affect the outcome of an election, such communication shall clearly state that it has been financed by such independent committee.

(g) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or to oppose the recall of a public officer shall file campaign contribution disclosure reports with the Secretary of State as follows:

(1) An initial report shall be filed within 15 days after the date when the official recall petition forms were issued to the sponsors;

(2) A second report shall be filed 45 days after the filing of the initial report;

(3) A third report shall be filed within 20 days after the election superintendent certifies legal sufficiency or insufficiency of a recall petition;

(4) A final report shall be filed prior to December 31 of the year in which the recall election is held or, in any case where such recall election is not held, a final report shall be filed prior to December 31 of any year in which such campaign committee accepts such contributions or makes such expenditures; and

(5) In the case of state officials or county officials, a copy of each of the reports shall also be filed with the election superintendent in the county of residence of the official sought to be recalled. In the case of municipal officials, a copy of the reports shall also be filed with the municipal clerk in the municipality of residence of the official sought to be recalled or, if there is no clerk, with the chief executive officer of the municipality.

Each filing officer shall forward a copy of the reporting forms required by this Code section to each candidate or public officer holding elective office required to file such report within a reasonable time prior to each filing.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(h) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of a proposed constitutional amendment or a state-wide referendum shall file a campaign contribution disclosure report with the Secretary of State 75, 45, and 15 days prior to the date of the election and shall file a final report prior to December 31 of the year in which the election is held.
(i) In any county in which the county board of elections does not maintain an office open to the public during normal business hours for five days a week, the reports required by this Code section shall be filed in the office of the judge of the probate court of that county.
U) (1) Any person elected to a public office who is required to file campaign contribution disclosure reports pursuant to this article shall, upon leaving public office with excess contributions, be required to file supplemental campaign contribution disclosure reports on June 30 and December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33.
(2) Any person who is an unsuccessful candidate in an election and who is required to file campaign contribution disclosure reports pursuant to this article shall, upon having excess contributions from such campaign, be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. Any unsuccessful candidate in an election who is required to file campaign contribution disclosure reports pursuant to this article and who receives contributions following such election to retire debts incurred in such campaign for elective office shall be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such unpaid expenditures from such campaign are satisfied.

(k) Notwithstanding any other provision of this chapter to the contrary, soil and water conservation district supervisors elected pursuant to Article 2 of Chapter 6 of Title 2, the 'Soil and Water Conservation Districts Law,' shall not be required to file campaign contribution disclosure reports under this Code section.
(I) In addition to other penalties provided under this chapter, an additional filing fee of $25.00 shall be imposed for each report that is filed late. In addition, a filing fee of $50.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed; provided, however, a 15 day extension period shall be granted on the final report.

GEORGIA lAWS 2000 SESSION

1499

21-5-34.1.
(a) Beginning February 1, 2001, candidates seeking election to constitutional offices, the Supreme Court, the Court of Appeals, and the Public Service Commission shall use electronic means to file their campaign contribution disclosure reports with the Secretary of State upon having raised or spent a minimum of $20,000.00 in an election cycle. Under that threshold, electronic filing is permitted and encouraged but not required.
(b) Beginning January 1, 2003, candidates seeking election to the General Assembly, superior courts, and the office of district attorney shall use electronic means to file their campaign contribution disclosure reports with the Secretary of State, as specified in Code Section 21-5-34, upon having raised or spent a minimum of $10,000.00 in an election cycle, but contributions and expenditures received or made prior to reaching such threshold need not be electronically filed if previously reported, except as cumulative totals. Under that threshold, electronic filing is permitted and encouraged but not required.
(c) Beginning January 1, 2003, candidates seeking election to county or municipal offices shall use electronic means to file their campaign contribution disclosure reports with the election superintendent of their county or the municipal clerk or chief executive officer of their municipality, as specified in Code Section 21-5-34, upon having raised or spent a minimum of $10,000.00 in an election cycle, but contributions and expenditures received or made prior to reaching such threshold need not be electronically filed if previously reported, except as cumulative totals. Under that threshold, electronic filing is permitted and encouraged but not required.
(d) Beginning January 1, 2003, political action committees, independent committees, and any persons otherwise required by this article to file campaign contribution disclosure reports shall use electronic means to file such reports with the Secretary of State upon having raised or spent $5,000.00 in a calendar year. Under that threshold, electronic filing is permitted and encouraged but not required.
(e) When campaign contribution disclosure reports are filed electronically as provided in subsections (a) through (d) of this Code section, the original report shall be filed at the same location.
(f) No funds raised or spent prior to the implementation date of electronic filing shall be counted toward the appropriate threshold.
(g) The commission is authorized to promulgate rules and regulations to implement this Code section."

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1500

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 4.

Said chapter is further amended by striking Article 2A, relating to contributions to candidates for public office, and inserting in its place a new article to read as follows:

"ARTICLE 2A

21-5-40.

As used in this article, the term:

(1) 'Mfiliated committees' means any two or more political committees (including a separate segregated fund) established, financed, maintained, or controlled by the same corporation, labor organization, person, or group of persons, including any parent, subsidiary, branch, division, department, or local unit thereof.

(2) 'Mfiliated corporation' means with respect to any corporation any other corporation related thereto: as a parent corporation; as a subsidiary corporation; as a sister corporation; by common ownership or control; or by control of one corporation by the other.

(3) 'Corporation' means any business or nonprofit corporation organized under the laws of this state, any other state, or the United States.

(4) 'Election year' shall be construed and applied separately for each elective office and means for each elective office the calendar year during which a regular or special election to fill such office is held.

(4.1) 'Nonelection year' shall be construed and applied separately for each elective office and means for each elective office any calendar year during which there is no regular or special election to fill such office.

(5) 'Person' means an individual.

(6) 'Political committee' means: (A) any partnership, committee, club, association, organization, party caucus of the House of Representatives or the Senate, or similar entity (other than a corporation) or any other group of persons or entities which makes a contribution; or (B) any separate segregated fund.

(6.1) 'Political party' means any political party as that term is defined in paragraph (21) of Code Section 21-2-3, as amended; provided, however, that for purposes of this article, local, state, and national committees shall be separate political parties.

(6.2) 'Public office' means the office of each elected public officer as specified in paragraph (15) of Code Section 21-5-3.

GEORGIA LAWS 2000 SESSION

1501

(7) 'Separate segregated fund' means a fund which is established, administered, and used for political purposes by a corporation, labor organization, membership organization, or cooperative and to which the corporation, labor organization, membership organization, or cooperative solicits contributions.

21-5-41.

(a) No person, corporation, political committee, or political party shall make, and no candidate or campaign committee shall receive from any such entity, contributions to any candidate for state-wide elected office which in the aggregate for an election cycle exceed:

(1) Five thousand dollars for a primary election;

(2) Three thousand dollars for a primary run-off election;

(3) Five thousand dollars for a general election; and

(4) Three thousand dollars for a general election runoff.

(b) No person, corporation, political committee, or political party shall make, and no candidate or campaign committee shall receive from any such entity, contributions to any candidate for the General Assembly or public office other than state-wide elected office which in the aggregate for an election cycle exceed:

(1) Two thousand dollars for a primary election;

(2) One thousand dollars for a primary run-off election;

(3) Two thousand dollars for a general election; and

(4) One thousand dollars for a general election runoff.

(c) Candidates and campaign committees may separately account for contributions pursuant to Code Section 21-5-43. Candidates and campaign committees not separately accounting for contributions pursuant to such Code section shall not accept contributions for any election in an election cycle prior to the conclusion of the immediately preceding election in such cycle; provided, however, that contributions may be accepted for a primary election at any time in the election cycle prior to and including the date of such primary election. At the conclusion of an election, contributions remaining unexpended may be expended on succeeding elections in the election cycle, and contributions not exceeding the contribution limits of this Code section may continue to be accepted for repayment of campaign obligations incurred as a candidate in that election.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(d) Candidates and campaign committees shall designate on their disclosure reports the election for which a contribution has been accepted. Any contribution not so designated shall be presumed to have been accepted for the election on or first following the date of the contribution.
(e) A contribution by a partnership shall be deemed to have been made pro rata by the partners as individuals for purposes of this Code section, as well as by the partnership in toto unless the partnership by proper action under its partnership agreement otherwise directs allocation of the contribution among the partners. At such direction of the partnership, the contribution may be allocated in any proportion among the partners, including to one or some but not all. Such allocation shall be indicated on the face of any instrument constituting the contribution or on an accompanying document referencing such instrument.
(f) The limits established by this Code section shall not apply to a loan or other contribution made to a campaign committee or candidate by the candidate or a member of the candidate's immediate family.
(g) The limits established by this Code section shall not apply to a bona fide loan made to a candidate or campaign committee by a state or federally chartered financial institution or a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation if:
(1) Such loan is made in the normal course of business with the expectation on the part of all parties that such loan shall be repaid; and
(2) Such loan is based on the credit worthiness of the candidate and the candidate is personally liable for the repayment of the loan.
(h) The limitations provided for in this Code section shall not include contributions or expenditures made by a political party in support of a party ticket or a group of named candidates.
(i) At the end of the election cycle applicable to each public office as to which campaign contributions are limited by this Code section and every four years for all other elections to which this Code section is applicable, the contribution limitations in this Code section shall be raised or lowered in increments of $100.00 by regulation of the State Ethics Commission pursuant to a determination by the commission of inflation or deflation during such cycle or four-year period, as determined by the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor, and such limitations shall apply until next revised by the commission. The commission shall adopt rules and regulations for the implementation of this subsection.

GEORGIA LAWS 2000 SESSION

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21-5-42.

For purposes of this article, a contribution to a campaign committee of a candidate for any public office shall be deemed to be a contribution to such candidate. If during any calendar year there occur both a special election including a special primary, special primary runoff, and special election runoff as appropriate and a general election for the same public office and if the same person is a candidate for nomination or election at both such special election including a special primary, special primary runoff, and special election runoff as appropriate and such general election, then this Code section shall apply. Where this Code section applies, a person, corporation, political committee, or political party may contribute up to the maximum amount otherwise allowable under this article to such person or such person's campaign committee for the purpose of influencing such candidate's nomination or election at the special primary, special primary runoff, special election, or special election runoff; and the same person, corporation, political committee, or political party may contribute up to the maximum amount otherwise allowable under this article for the purpose of influencing such candidate's election at the general election or general election runoff. This Code section shall be construed according to the following rules:

(1) It is the general intent of this Code section to allow a person who is a candidate for election at both a special election and a general election in the same calendar year to receive up to but no more than twice the amount of contributions which could otherwise be received from any one donor during the year; and

(2) Seeking nomination at a special primary or general primary shall be considered as seeking election at the ensuing special election or general election for the purpose of determining whether a person is a candidate for election at both the special election and the general election and allowing the application of this Code section; but seeking election at only a single primary and its ensuing election shall not bring this Code section into effect.

21-5-43.

(a) A candidate or campaign committee may separately account for contributions for each election in an election cycle for which contributions are accepted. If no contributions are accepted for an election, no corresponding accounting shall be required. Subject to the contribution limits of this chapter, contributions so separately accounted for may be accepted at any time in the election cycle. Upon the conclusion of an election, contributions not exceeding such limits may continue to be accepted for repayment of campaign obligations incurred as a candidate in that election.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) Contributions separately accounted for shall not be expended on a prior election except in conformance with this Code section. Contributions separately accounted for in a primary election may be expended at any time during the election cycle prior to and including the date of the primary.

(c) Contributions remaining unexpended after the date of the election may be expended for any future election in the same election cycle without regard to the limitations of Code Section 21-5-41. If there are no further elections in the election cycle or if the candidate or the candidate of the campaign committee is not on the ballot of a further election in the election cycle, such contributions may be used only as provided in Code Section 21-533.

(d) Contributions accepted and separately accounted for in an election which does not occur or for which the candidate does not qualify, if unexpended, shall be returned to the contributors thereof pro rata without interest. Any portion thereof which cannot be returned to the original contributor thereof shall be expended only as provided in Code Section 21-5-33.

(e) The commission shall adopt such rules and regulations as are necessary to carry out the purposes of this Code section in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act."'

SECTION 5.

In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 6.

For the purposes of issuing rules and regulations, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective January 1, 2001.

SECTION 7.

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

Approved May 1, 2000.

GEORGIA LAWS 2000 SESSION

1505

PUBLIC OFFICERS AND EMPLOYEES - STATE AUDITOR; REVENUE SHORTFALL RESERVE.

Code Section 45-12-93 Amended.

No. 887 (House Bill No. 1671).

AN ACT

To amend Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve and the midyear adjustment reserve, so as to change provisions relating to the amount of the revenue shortfall reserve; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve and the midyear adjustment reserve, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows:

"(a) As of June 30 of each fiscal year, the state auditor shall reserve from the state surplus an amount equal to not less than 3 nor more than 4 percent, as directed by the director of the budget, of the net revenue collections of such fiscal year, to the extent that such surplus is available therefor. This reserve shall be entitled the revenue shortfall reserve and shall be in lieu of the working reserve for high-income and low-income 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 May 1, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

RETIREMENT AND PENSIONS - EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; CREDITABLE SERVICE FOR CERTAIN MILITARY SERVICE.

Code Sections 47-2-96 and 47-2-334 Amended.

No. 892 (Senate Bill No. 45).

AN ACT

To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide that members of such retirement system may obtain up to two years of creditable service for certain military service; to provide for the payment of employee contributions with interest; to provide for matters related to the foregoing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by inserting at the end of Code Section 47-2-96, relating to prior service credits under the Employees' Retirement System of Georgia and related matters, the following:

"(j) Anything in this chapter to the contrary notwithstanding, any member who was on active duty in the armed forces of the United States during any period during which a military draft was in effect may receive military service credit for such period of active duty up to a maximum of two years, provided that such member shall pay the regular employee contribution of 5 percent of the compensation last paid to such member as an employee before entering military service or 5 percent of the compensation first paid to such member as an employee after returning from military service plus 4 1/2 percent interest on such employee contributions, compounded annually to date of payment; provided, further, that no service in the armed forces shall be deemed as creditable under any provisions of this chapter if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and those retirement programs covered under Public Law 810, 80th Congress, as amended. Notwithstanding any other time limitation provided in this chapter for obtaining creditable service for military service, a qualified member may obtain creditable service pursuant to the provisions of this subsection by making application therefor prior to December 31, 2001."

GEORGIA lAWS 2000 SESSION

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SECTION 2.

Said title is further amended by striking in its entirety paragraph (2) of subsection (f) of Code Section 47-2-334, relating to service retirement allowances for persons employed on or after July 1, 1982, and related matters, and inserting in lieu thereof the following:
"(2) Except as otherwise provided in subsection U) of Code Section 47-2-
96, in Code Sections 47-2-96.1, 47-2-96.2, 47-2-204, 47-2-225, and 47-2-266, and in paragraph (3) of this subsection, no service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions is made pursuant to subsections (c) and (d) of this Code section; and".

SECTION 3.

This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.

SECTION 4.

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

Approved May 1, 2000.

RETIREMENT AND PENSIONS - GEORGIA FIREFIGHTERS' PENSION FUND; CREDIT FOR PRIOR ELIGIBLE SERVICE.
Code Section 47-7-86 Enacted.
No. 893 (Senate Bill No. 267).
AN ACT
To amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement under the Georgia Firefighters' Pension Fund, so as to provide for creditable service for certain prior service; to provide for conditions for receiving such service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1.

Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement under the Georgia Firefighters' Pension Fund, is amended by inserting at the end thereof the following:

"47-7-86.

(a) As used in this Code section, the term 'prior eligible service' means serVIce:

(1) Rendered by a member of the fund as a firefighter or volunteer firefighter;

(2) Rendered without interruption prior to the date such member became a member of the fund; and

(3) For which the member would otherwise have been eligible for credit if such member had been a member of the fund at the time such service was rendered;

provided, however, that such term shall not include a period of more than five years of such service.

(b) Any person who is a member of the fund on July 1, 2000, and who is at least 53 years old on that date shall be entitled to credit for prior eligible service, provided that such person satisfies the following requirements:

(1) The member or applicant for membership files with the board on or before September 1, 2000, an application for such credit in the form prescribed by the board; and

(2) At the time of application for credit, the member or applicant for membership pays to the fund for each month of prior eligible service credit sought an amount equal to the contributions that would have been made had the member or applicant been a member and entitled to credit during the period of prior eligible service, at the monthly contribution rate in effect at the time the application for credit is made, together with interest on such monthly amount from the date on which such contribution would have been made until the date of application for credit at a rate of 12 percent per year.

(c) Nothing in this Code section shall alter the requirements for membership in the fund or the limitations on membership or benefits of membership which would otherwise apply absent the benefit of prior eligible service credits under this Code section."

GEORGIA LAWS 2000 SESSION

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SECTION 2.

This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.

SECTION 3.

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

Approved May 1, 2000.

DOMESTIC RELATIONS - CHILD CUSTODY PROCEEDINGS; PARTICIPATION BY GREAT-GRANDPARENTS.
Code Section 19-7-1 Amended.
No. 895 (Senate Bill No. 137).
AN ACT
To amend Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to persons in whom parental power lies, how such power lost, and related matters, so as to provide that a great-grandparent may participate in an action for child custody; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to persons in whom parental power lies, how such power lost, and related matters, is amended by striking in its entirety subsection (b.1) and inserting in lieu thereof the following:
"(b.l) Notwithstanding subsections (a) and (b) of this Code section or any other law to the contrary, in any action involving the custody of a child between the parents or either parent and a third party limited to grandparent, great-grandparent, aunt, uncle, great aunt, great uncle, sibling, or adoptive parent, parental power may be lost by the parent, parents, or any other person if the court hearing the issue of custody, in the exercise of its sound discretion and taking into consideration all the circumstances of the case, determines that an award of custody to such third party is for the best interest of the child or children and will best promote their welfare and happiness. There shall be a rebuttable presumption that it is in the best interest of the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

child or children for custody to be awarded to the parent or parents of such child or children, but this presumption may be overcome by a showing that an award of custody to such third party is in the best interest of the child or children. The sole issue for determination in any such case shall be what is in the best interest of the child or children."

SECTION 2.

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

Approved May 1, 2000.

AGRICULTURE - DEALERS IN AGRICULTURAL PRODUCTS; BONDS; EXEMPTIONS; GEORGIA COTTON PRODUCERS INDEMNITY FUND.
Code Title 2, Chapter 9, Article 1 Amended.
No. 896 (Senate Bill No. 331).
AN ACT
To amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to dealers in agricultural products, so as to change the definition of "agricultural products"; to change the provisions relating to bonds; to change the provisions relating to the exemption of holders of food sales establishment licenses from the provisions of such article; to amend Chapter 19 of Title 2 of the Official Code of Georgia Annotated, relating to Georgia Cotton Producers Indemnity Fund of 1999, so as to change the provisions relating to payment of funds from the Georgia Cotton Producers Indemnity Fund of 1999; to provide for a definition; to provide for payment of claims for certain additional losses; to provide for practices, procedures, qualifications, and requirements; to provide for and to change certain time limits; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to dealers in agricultural products, is amended by striking paragraph (1) of Code Section 2-9-1, relating to definitions, and inserting in its place the following:
"(1) 'Agricultural products' includes fruits, vegetables, eggs, pecans, and cotton but does not include dairy products, tobacco, grains, and other basic farm crops."

GEORGIA lAWS 2000 SESSION

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SECTION 2.

Said article is further amended by striking Code Section 2-9-5, relating to bonds, and inserting in its place the following:

"2-9-5.

Before any license is issued the applicant shall make and deliver to the Commissioner a surety bond executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Any and all bond applications shall be accompanied by a certificate of 'good standing' issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. The bond shall be in such amount as the Commissioner may determine, not exceeding an amount equal to the maximum amount of products purchased from or sold for Georgia producers or estimated to be purchased or sold in any month by the applicant or in the case of cotton not to exceed $150,000.00. Such bond shall be upon a form prescribed or approved by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to producers or their agents or representatives of the proceeds of all agricultural products handled or sold by such dealer. However, in lieu of a surety bond, the Commissioner may accept a cash bond, which shall in all respects be subject to the same claims and actions as would exist against a surety bond. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by written demand therefor, or if the bond of a dealer is canceled, the license of such person shall be immediately revoked by operation of law without notice or hearing."

SECTION 3.

Said article is further amended by striking Code Section 2-9-15, relating to applicability of the article, and inserting in its place the following:

"2-9-15.

This article shall not apply to:

(1) Farmers or groups of farmers in the sale of agricultural products grown by themselves;

(2) Persons who buy for cash, paying at the time of purchase in United States currency, certified check, cashier's check, or the equivalent; or

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) Holders of food sales establishment licenses issued pursuant to Article 2 of Chapter 2 of Title 26, the 'Georgia Food Act,' who conduct no business at the wholesale level and who have fewer than ten employees."

SECTION 4.

Chapter 19 of Title 2 of the Official Code of Georgia Annotated, relating to Georgia Cotton Producers Indemnity Fund of 1999, is amended by striking subsection (f) of Code Section 2-19-5, relating to the creation of the Georgia Cotton Producers Indemnity Fund of 1999, and inserting in its place the following:

"(f) If more than $5 million has been paid to cotton producers prior to January 1, 2000, and the total amount of eligible claims is less than $10 million, any excess funds in the Georgia Cotton Producers Indemnity Fund of 1999 shall be expended as provided in Code Section 2-19-5.1."

SECTION 5.

Said chapter is further amended by adding a new Code Section 2-19-5.1 to read as follows:

"2-19-5.1.
(a) As used in this Code section, the term 'cotton ginner' means any person, firm, partnership, limited liability company, or corporation which operated a cotton gin in this state on May 1, 2000, and which incurred a loss as described in this Code section on or before May 1, 2000.

(b) Notwithstanding any other provision of this chapter, any moneys remaining in the Georgia Cotton Producers Indemnity Fund of 1999 on January 1, 2000, after all valid and properly filed claims filed on or before May 1, 2000, have been paid shall be paid to cotton ginners who:
( 1) Incurred a loss as the result of the business failure of any cotton buyer doing business in this state or the failure or refusal of any such such cotton buyer to pay the contracted price which had been agreed upon by the ginner and the buyer for cotton grown in this state on or after January 1, 1997, and which had been purchased or contracted by the ginner from cotton producers in this state;
(2) Paid cotton producers the amount which the cotton ginner had agreed to pay for such cotton received from such cotton producers in this state;

(3) Notified the Commissioner on or before May 1, 2000, either orally or in writing, of a loss sustained by such cotton ginner as a result of the business failure of any cotton buyer doing business in this state or the failure or refusal of such cotton buyer to pay the contracted price which had

GEORGIA lAWS 2000 SESSION

1513

been agreed upon by the ginner and the buyer for cotton grown in this state on or after January 1, 1997, and which had been purchased or contracted by the ginner from cotton producers in this state; and

(4) File a claim for indemnification from the Georgia Cotton Producers Indemnity Fund of 1999 with the Commissioner, in writing and accompanied by sufficient proof of such losses, on or before July 1, 2000.

(c) Claims shall be filed by cotton ginners, shall contain the same information, and shall be verified in the same manner as provided in Code Section 2-19-4 for claims by cotton producers. The Commissioner shall have the same powers and duties to investigate, process, and pay claims of cotton ginners as provided in Code Section 2-19-3 for claims of cotton producers. Claims and the acceptance of payments on such claims shall be subject to Code Sections 2-19-6 and 2-19-7. Properly verified and proven claims filed by cotton ginners on or before July 1, 2000, shall be paid by the Commissioner from the fund on or before December 31, 2000. Such claims shall be paid only from moneys remaining in the fund on January 1, 2000. The payment of such claims shall not affect any payments which have previously been made to cotton producers from the fund. If insufficient moneys remain in the fund to pay the total amount of all claims filed by cotton ginners, claims shall be paid on a proportional basis, based on the ratio of each cotton ginner's properly filed and proven claim to the total of all cotton ginners' claims properly filed and proven. Any moneys remaining in the Georgia Cotton Producers Indemnity Fund of 1999 on January 1, 2001, after the payment of claims shall be paid into the general fund of the state treasury."

SECTION 6.

Sections 4, 5, and 7 of this Act and this section of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. All other sections of this Act shall become effective on July 1, 2000.

SECTION 7.

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

Approved May 1, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

EMINENT DOMAIN - WATER, SEWER, GAS, OR ELECTRICAL SYSTEMS.

Code Section 22-3-60 Amended. Code Sections 22-3-63 and 22-3-140 Amended.

No. 897 (Senate Bill No. 343).

AN ACT

To amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of eminent domain for special purposes, so as to provide that any private entity shall obtain the consent of the governing authority of a political subdivision before exercising condemnation rights within such jurisdiction; to provide that certain entities shall have the right to condemn property for the construction and operation of a water or sewer system or both; to provide for declaration of taking procedures by certain entities; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.

Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of eminent domain for special purposes, is amended by striking in its entirety Code Section 22-3-60, relating to the authority to lease, purchase, or condemn property or receive donations for waterworks and sewage systems, and inserting in lieu thereof the following:

"22-3-60.

Any nongovernmental entity constructing, owning, or operating any waterworks or sanitary sewerage system, or both, in this state shall have the right, power, privilege, and authority to lease, purchase, or condemn property or any interest therein, including easements, or to receive donations or grants of property or any interest therein, including easements, for the purpose of constructing and operating a waterworks, a water distribution system, a sewerage collection system, or a sewage treatment and disposal system, or any combination of such systems or facilities; provided, however, that prior to condemning property in any political subdivision, any such entity shall first obtain the consent of the governing authority of such political subdivision, which consent may be granted by resolution or ordinance."

SECTION 2.

Said chapter is further amended by inserting at the end thereof a new Code section to read as follows:

GEORGIA lAWS 2000 SESSION

1515

"22-3-63.

Any other provision of law to the contrary notwithstanding, any nongovernmental entity which:

(1) Is privately owned and is operated under the collective management and control of the owners;

(2) Was in the business of providing water supply and sewerage collection and disposal prior to July 1, 1978;

(3) Has continuously owned a sanitary sewerage system since July 1, 1978, permitted by the Environmental Protection Division of the Department of Natural Resources; and

(4) On the effective date of this Code section owns and operates one or more sewerage collection treatment and disposal systems serving 1,000 or more customers

shall have the authority to condemn property or any interest therein, including easements, for the purpose of constructing and operating a waterworks, a water distribution system, a sewerage collection system, or a sewage treatment and disposal system, or any combination of such systems or facilities; provided, however, that such authority shall extend only to such counties and those counties immediately adjacent to such counties in which such entity owned or operated such waterworks or systems or combination as of January 1, 2000; and provided, further, that the authority provided for in this Code section shall terminate with respect to any entity if any interest in such business is transferred to another person or entity except through inheritance."

SECTION 3.

Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for special purposes, is amended by adding at the end thereof a new Article 7 to read as follows:

"Article 7

22-3-140.

Any state agency, political subdivision of the state, county, or municipality owning or operating a sewage collection, treatment, or disposal system, a water or waste-water system, a gas or gas line system, an electrical or electrical line system, or a drain or storm-water system is authorized to utilize the declaration of taking method of eminent domain in order to acquire any private property in fee simple or in any lesser interest, including easements, for such systems and purposes, as such method of eminent domain is provided in Article 1 of Chapter 3 of Title 32. This article and method of emi-

~

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GENERAL ACTS AND RESOLUTIONS, VOL. I

nent domain shall be supplementary to and cumulative of the methods of procedure for the exercise of the power of eminent domain prescribed in this title."

SECTION 4

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

SECTION 5.

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

Approved May 1, 2000.

MOTOR VEHICLES - INSURANCE; MINIMUM LIABILITY COVERAGE REQUIREMENTS; UNINSURED MOTORIST COVERAGE; RELATED PROVISIONS.
Code Title 40, Chapter 9 Amended. Code Section 33-7-11 Amended.
No. 898 (Senate Bill No. 344).
AN ACT
To amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability insurance policies and uninsured motorist coverage, so as to raise certain minimum requirements; to change certain provisions relating to bankrupt uninsured motorists; to change certain provisions relating to when motor vehicles shall not be deemed to be uninsured motor vehicles; to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and proof of financial responsibility, so as to change certain provisions relating to definitions; to change certain provisions relating to requirements for liability insurance policies; to change certain provisions relating to duration of suspension and when judgments deemed satisfied; 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 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability insurance policies and uninsured motorist coverage, is amended by striking subsections (a) and (d) and inserting in lieu thereof the following:

GEORGIA LAWS 2000 SESSION

1517

"(a) (1) No automobile liability policy or motor vehicle liability policy shall be issued or delivered in this state to the owner of such vehicle or shall be issued or delivered by any insurer licensed in this state upon any motor vehicle then principally garaged or principally used in this state unless it contains an endorsement or provisions undertaking to pay the insured all sums which said insured shall be legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, within limits exclusive of interests and costs which at the option of the insured shall be:

(A) Not less than $25,000.00 because of bodily injury to or death of one person in any one accident, and, subject to such limit for one person, $50,000.00 because of bodily injury to or death of two or more persons in any one accident, and $25,000.00 because of injury to or destruction of property;

(B) Not greater than the limits of liability because of bodily injury to or death of one person in any one accident and of two or more persons in any one accident, and because of injury to or destruction of property of the insured which is contained in the insured's personal coverage in the automobile liability policy or motor vehicle liability policy issued by the insurer to the insured.

(2) The coverages for bodily injury or death or for injury to or destruction of property of the insured, as provided in paragraph (1) of this subsection, may be subject to deductible amounts as follows:

(A) For bodily injury or death, deductibles of $250.00, $500.00, or $1,000.00, at the option of any named insured in the policy. Deductibles above $1,000.00 may be offered, subject to approval of the Commissioner;

(B) For injury to or destruction of property of the insured, deductibles of $250.00, $500.00, or $1,000.00, at the option of any named insured in the policy. Deductibles above $1,000.00 may be offered, subject to the approval of the Commissioner;

(C) Deductible amounts shown in subparagraphs (A) and (B) of this paragraph may not be reduced below $250.00;

(D) Deductible amounts shown in subparagraphs (A) and (B) of this paragraph shall be made available at a reduced premium; and

(E) Where an insurer has combined into one single limit the coverages required under paragraph (1) of this subsection, any deductible selected under subparagraphs (A) and (B) of this paragraph shall be combined and the resultant total shall be construed to be a single aggregate deductible.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) The coverage required under paragraph (1) of this subsection shall not be applicable where any insured named in the policy shall reject the minimum coverage in writing. However, the insurer shall not be required to issue any coverage for any amount greater than the minimum coverage unless the insured shall request in writing such higher limits. The coverage need not be provided in or supplemental to a renewal policy where the named insured had rejected the coverage in connection with a policy previously issued to said insured by the same insurer.

(4) The filing of a petition for relief in bankruptcy under a chapter of Title 11 of the United States Code by an uninsured motorist as defined in this Code section, or the appointment of a trustee in bankruptcy for an uninsured motorist as defined in this Code section, or the discharge in bankruptcy of an uninsured motorist as defined in this Code section shall not affect the legal liability of an uninsured motorist as the term 'legal liability' is used in this Code section, and such filing of a petition for relief in voluntary or involuntary bankruptcy, the appointment of a trustee in bankruptcy, or the discharge in bankruptcy of such an uninsured motorist shall not be pleaded by the insurance carrier providing uninsured motorist protection in bar of any claim of an insured person as defined in this Code section so as to defeat payment for damages sustained by any insured person by the insurance company providing uninsured motorist protection and coverage under the terms of this chapter as now or hereafter amended; but the insurance company or companies shall have the right to defend any such action in its own name or in the name of the uninsured motorist and shall make payment of any judgment up to the limits of the applicable uninsured motorist insurance protection afforded by its policy. In those cases the uninsured motorist upon being discharged in bankruptcy may plead the discharge in bankruptcy against any subrogation claim of any uninsured motorist carrier making payment of a claim or judgment in favor of an uninsured person, and the uninsured motorist may plead said motorist's discharge in bankruptcy in bar of all amounts of an insured person's claim in excess of uninsured motorist protection available to the insured person."

"(d) In cases where the owner or operator of any vehicle causing injury or damages is known, and either or both are named as defendants in any action for such injury or damages, and a reasonable belief exists that the vehicle is an uninsured motor vehicle under subparagraph (b) (1) (D) of this Code section, a copy of the action and all pleadings thereto shall be served as prescribed by law upon the insurance company issuing the policy as though the insurance company were actually named as a party defendant. If facts arise after an action has been commenced which create a reasonable belief that a vehicle is an uninsured motor vehicle under subparagraph (b) (1) (D) of this Code section and no such reasonable belief existed prior

GEORGIA lAWS 2000 SESSION

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to the commencement of the action against the defendant, and the complaint was timely served on the defendant, the insurance company issuing the policy shall be served within either the remainder of the time allowed for valid service on the defendant or 90 days after the date on which the party seeking relief discovered, or in the exercise of due diligence should have discovered, that the vehicle was uninsured or underinsured, whichever period is greater. The uninsured motorist carrier may conduct discovery as a matter of right for a period of not less than 120 days after service prior to any hearing on the merits of the action. If either the owner or operator of any vehicle causing injury or damages is unknown, an action may be instituted against the unknown defendant as john Doe,' and a copy of the action and all pleadings thereto shall be served as prescribed by law upon the insurance company issuing the policy as though the insurance company were actually named as a party defendant; and the insurance company shall have the right to file pleadings and take other action allowable by law in the name of john Doe' or itself. In any case arising under this Code section where service upon an insurance company is prescribed, the clerk of the court in which the action is brought shall have such service accomplished by issuing a duplicate original copy for the sheriff or marshal to place his or her return of service in the same form and manner as prescribed by law for a party defendant. The return of service upon the insurance company shall in no case appear upon the original pleadings in such case. In the case of a known owner or operator of such vehicle, either or both of whom are named as a defendant in such action, the insurance company issuing the policy shall have the right to file pleadings and take other action allowable by law in the name of either the known owner or operator or both or itself.

(1) In cases where the owner or operator of a vehicle causing injury or damages is unknown and an action is instituted against the unknown defendant as 'John Doe,' the residence of such john Doe' defendant shall be presumed to be in the county in which the accident causing injury or damages occurred, or in the county of residence of the plaintiff, at the election of the plaintiff in the action.
(2) A motor vehicle shall not be deemed to be an uninsured motor vehicle within the meaning of this Code section when the owner or operator of such motor vehicle has deposited security, pursuant to Code Section 409-32, in the amounts specified in subparagraph (a) (1) (A) of this Code section."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2.

Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and proof of financial responsibility, is amended by striking paragraph (5) of Code Section 40-9-2, relating to definitions, and inserting in lieu thereof the following:

"(5) 'Proof of financial responsibility' means proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective date of said proof in the amounts specified in subparagraph (a)(1)(A) of Code Section 33-7-11."

SECTION 3.

Said chapter is further amended by striking subsection (a) of Code Section 409-37, relating to requirements for liability insurance policies, and inserting in lieu thereof the following:

"(a) No liability insurance policy shall be effective under Code Section 40-934 unless issued by an insurance company authorized to do business in this state, except as provided in subsection (b) of this Code section, and unless such policy or bond is subject to limits, exclusive of interest and costs, of not less than the amounts specified in subparagraph (a) (1) (A) of Code Section 33-7-11."

SECTION 4.

Said chapter is further amended by striking Code Section 40-9-62, relating to duration of suspension and when judgments deemed satisfied, and inserting in lieu thereof the following:

"40-9-62.

(a) A driver's license, vehicle registration, or nonresident's operating privilege suspended pursuant to Code Section 40-9-61 shall remain so suspended and shall not be renewed, nor shall any such license or registration be thereafter issued in the name of the judgment debtor, whether or not he or she was previously licensed, unless and until every such judgment is stayed, or satisfied in full or to the extent provided in subsection (b) of this Code section, subject to the exceptions provided in this article.

(b) Judgment referred to in this article, which is based upon an accident which occurred on or after January 1, 2001, shall, for the purpose of this chapter only, be deemed satisfied:

(1) When $25,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident;

GEORGIA LAWS 2000 SESSION

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(2) When, subject to such limit of $25,000.00 because of bodily injury to or death of one person, $50,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident; or

(3) When $25,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one accident.

(c) Reserved.

(d) Payments made in settlement of any claims because of bodily injury, death, or property damage arising from the accident shall be credited in reduction of the amounts provided for in this Code section."

SECTION 5.

This Act shall become effective on January 1, 2001.

SECTION 6.

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

Approved May 1, 2000.

COURTS - DISTRICT ATTORNEYS; ASSISTANTS; INVESTIGATORS; ADMINISTRATIVE, CLERICAL, AND PARAPROFESSIONAL STAFF.
Code Title 15, Chapter 18, Article 1 Amended.
No. 899 (Senate Bill No. 346).
AN ACT
To amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, so as to change the provisions relating to the appointment, qualifications, classification, and compensation of assistant district attorneys; to change the provisions relating to the appointment of district attorney investigators; to change provisions relating to the employment and compensation of administrative, clerical, and paraprofessional personnel by district attorneys; to provide that nonstate paid personnel employed in district attorneys' offices shall serve at the pleasure of the district attorney; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

-r

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1.

Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, is amended by striking in its entirety Code Section 15-18-14, relating to assistant district attorneys, and inserting in lieu thereof the following:

"15-18-14.

(a) (1) Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint:

(A) One attorney for each superior court judge authorized for the circuit, excluding senior judges, plus one additional attorney to assist the district attorney in the performance of the duties of the district attorney's office and consistent with their constitutional and statutory duties to protect the rights of victims of crimes as now or in the future may be defined by applicable law;

(B) Subject to the availability of funding and at the option of the Department of Human Resources, at least one assistant district attorney to perform duties described specifically under Code Sections 19-11-23 and 19-11-53 and generally under Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act,' Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act,' and Article 3 of Chapter 11 of Title 19, the 'Uniform Interstate Family Support Act.' The district attorney retains the authority to appoint one or more assistant district attorneys, who shall be county employees, to perform the aforementioned statutory duties, so long as such appointments are pursuant to a contract for such services with the Department of Human Resources. Once the election to make this position a state position is made, under this statutory provision, it shall be irrevocable. Contractual funds shall be paid by the Department of Human Resources to the Department of Administrative Services in accordance with the compensation provisions of this Code section, or at the election of the appointed attorney, to the appointed attorney's judicial circuit, in accordance with the compensation provisions of that judicial circuit; and

(C) Subject to funds being appropriated by the General Assembly or otherwise available for such purpose, such additional assistant district attorneys as may be authorized by the Prosecuting Attorneys' Council of the State of Georgia. In authorizing additional assistant district attorneys, the Prosecuting Attorneys' Council of the State of Georgia shall consider the case load, present staff, and resources available to each district attorney, and shall make such authorizations as will contribute to

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the efficiency of individual district attorneys and the effectiveness of prosecuting attorneys throughout the state in their efforts against criminal activity in the state.

(2) Subject to the provisions of this Code section and subject to such funds as may be appropriated by the General Assembly or which are otherwise available to the State of Georgia for such purpose, the district attorney in each judicial circuit shall appoint one additional assistant district attorney who shall prosecute, as directed by the district attorney, primarily cases involving violations of Article 2 of Chapter 13 of Title 16, known as the 'Georgia Controlled Substances Act.' This assistant district attorney shall be designated as a 'special drug prosecutor.' Such assistant district attorney shall be subject to the classification, compensation, benefits, policies, and personnel related provisions of subsections (b) through (f) of this Code section and Code Section 15-18-19. In the event that the funds appropriated or otherwise available in any fiscal year for purposes of this paragraph are sufficient to implement this paragraph in some but not all judicial circuits, the Prosecuting Attorneys' Council of the State of Georgia shall designate the judicial circuits in which this paragraph shall be implemented for such fiscal year.

(b) Each attorney appointed pursuant to subsection (a) of this Code section shall be classified based on education, training, and experience. The classes of attorneys and the minimum qualifications required for appointment or promotion to each class shall be established by the Prosecuting Attorneys' Council of the State of Georgia based on education, training, and experience, and in accordance with the provisions of Code Section 15-18-21 and subsection (c) of Code Section 15-18-19.

(c) Each attorney appointed pursuant to this Code section shall be compensated based on a salary schedule established in accordance with subsection (e) of Code Section 15-18-19. The salary range for each class established in accordance with subsection (b) of this Code section shall be as follows:

(1) Assistant district attorney I. Not less than $27,696.00 nor more than 65 percent of the compensation of the district attorney;

(2) Assistant district attorney II. Not less than $30,552.00 nor more than 70 percent of the compensation of the district attorney;

(3) Assistant district attorney III. Not less than $37,140.00 nor more than 80 percent of the compensation of the district attorney; and

(4) Assistant district attorney IV. Not less than $42,966.00 nor more than 90 percent of the compensation of the district attorney.

,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(d) All personnel actions involving attorneys appointed pursuant to this Code section shall be made by the district attorney in writing in accordance with the provisions of Code Section 15-18-19.

(e) (1) All salary advancements shall be based on quality of work, education, and performance.

(2) The salary of an attorney appointed pursuant to this Code section may be advanced one step at the first of the calendar month following the anniversary of such attorney's appointment.

(3) Any attorney who, subsequent to his or her appointment pursuant to this Code section, is awarded an LL.M. or SJ.D. degree by a law school recognized by the State Bar of Georgia from which a graduate of or student enrolled therein is permitted to take the bar examination or by a law school accredited by the American Bar Association or the Association of American Law Schools may be advanced two salary steps effective on the first day of the calendar month following the award of the degree, provided that such advancement does not exceed the maximum of the salary range applicable to the attorney's class.

(f) Any attorney appointed pursuant to this Code section may be promoted to the next highest class at any time the attorney meets the minimum qualifications for such class, but in order to be eligible for promotion, the attorney shall have served not less than 12 months in the class from which the attorney is to be promoted. When an attorney is promoted to the next highest class, the attorney shall enter the higher class at the salary step which provides an annual salary nearest to, but greater than, the annual salary the attorney was receiving immediately prior to the promotion."
SECTION 2.

Said article is further amended in Code Section 15-18-14.1, relating to district attorney investigators, by striking in their entirety subsection (a) and paragraph (3) of subsection (e) and inserting in lieu thereof the following:

"(a) Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint one investigator to assist the district attorney in the performance of his or her official duties in the preparation of cases for indictment or trial. Subject to funds being appropriated by the General Assembly or otherwise available for such purpose, the district attorney in each judicial circuit may appoint such additional district attorney investigators as may be authorized by the Prosecuting Attorneys' Council of the State of Georgia. In authorizing additional district attorney investigators, the Prosecuting Attorneys' Council of the State of Georgia shall consider the case load, present staff, and resources available to each district attorney, and shall make such authorizations as will contribute to the

GEORGIA lAWS 2000 SESSION

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efficiency of individual district attorneys and the effectiveness of prosecuting attorneys throughout the state in their efforts against criminal activity in the state."

"(3) Any person who is employed as a peace officer by an agency of the executive branch of state government who is appointed as an investigator pursuant to this Code section without a break in service may be appointed to the salary step which is one step above the annual salary such person received on the last day of employment immediately preceding said appointment."

SECTION 3.

Said article is further amended by striking in its entirety Code Section 15-1817, relating to the employment of secretaries by the district attorneys, and inserting in lieu thereof the following:

"15-18-17.

(a) Each district attorney is authorized to employ such administrative, clerical, and paraprofessional personnel as may be authorized by the Prosecuting Attorneys' Council of the State of Georgia based on funds appropriated by the General Assembly or otherwise available for such purposes; provided, however, that each district attorney shall be authorized not less than two such personnel. In authorizing administrative, clerical, and paraprofessional personnel, the Prosecuting Attorneys' Council of the State of Georgia shall consider the case load, present staff, and resources available to each district attorney, and shall make such authorizations as will contribute to the efficiency of individual district attorneys and the effectiveness of prosecuting attorneys throughout the state m their efforts against criminal activity in the state.

(b) Personnel appointed pursuant to this Code section shall be compensated based on a salary schedule developed in accordance with Code Section 15-18-19.

(c) All personnel actions involving personnel appointed pursuant to this Code section shall be in accordance with the provisions of Code Section 1518-19."

SECTION 4.

Said article is further amended by striking subsection (b) of Code Section 1518-20, relating to additional nonstate paid staff of the district attorneys, and inserting in lieu thereof the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"(b) Personnel employed by the district attorney pursuant to this Code section shall serve at the pleasure of the district attorney and shall be compensated by the county or counties comprising the judicial circuit, the manner and amount of compensation to be paid to be fixed either by local Act or by the district attorney with the approval of the county or counties comprising the judicial circuit."

SECTION 5.

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

Approved May 1, 2000.

BANKING AND FINANCE - INTEREST AND USURY; PAWNBROKERS.
Code Section 74-18 Amended.
No. 900 (Senate Bill No. 348).
AN ACT
To amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to change provisions regarding criminal penalty for excessive interest to ensure such penalties do not apply to pawnbrokers; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, is amended by striking Code Section 7-4-18, relating to criminal penalty for excessive interest, and inserting in lieu thereof a new Code section to read as follows:
"74-18.
(a) Any person, company, or corporation who shall reserve, charge, or take for any loan or advance of money, or forbearance to enforce the collection of any sum of money, any rate of interest greater than 5 percent per month, either directly or indirectly, by way of commission for advances, discount, exchange, or the purchase of salary or wages; by notarial or other fees; or by any contract, contrivance, or device whatsoever shall be guilty of a misdemeanor; provided, however, that regularly licensed pawnbrokers, as defined in Code Section 44-12-130, are limited in the amount of interest they may charge only by the limitations set forth in Code Section 44-12-131.

l

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GEORGIA LAWS 2000 SESSION

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(b) This Code section shall not be construed as repealing or impairing the usury laws now existing but shall be construed as being cumulative thereof.

(c) Nothing contained in Code Section 7-4-2 or 7-4-3 shall be construed to amend or modify the provisions of this Code section."

SECTION 2.

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

Approved May 1, 2000.

PROFESSIONS AND BUSINESSES - ARCHITECTURE; ARCHITECTS AND INTERIOR DESIGNERS; LANDFILL-RELATED CONSTRUCTION; REALESTATE APPRAISERS, BROKERS, AND SALESPERSONS.
Code Title 43 Amended.
No. 901 (Senate Bill No. 350).
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to comprehensively revise the law relating to the practice of architecture in this state; to change and add definitions; to create the Georgia State Board of Architects and Interior Designers; to provide for the election of a vice president of such board; to provide for qualifications of applicants who seek to be registered architects; to provide for restrictions on the practice of architecture; to provide for renewals of registration; to provide for the power of the board to revoke registrations; to define what structures need the seal of an architect; to provide for exceptions, enforcement, and penalties; to change the definition of "utility system" for which a license or certificate issued by the State Construction Industry Licensing Board is required for certain work thereon; to remove a term limitation on persons serving as members of the Georgia Real Estate Appraisers Board; to provide that application materials submitted to such board shall be confidential; to provide for the public availability of certain information regarding real estate appraisers that is maintained by such board; to authorize such board to enter into agreements with similar boards in other states regarding the granting of nonresident appraiser classifications to Georgians who seek to practice in other states and to residents of other states who seek to practice in Georgia; to provide for the granting of nonresident classifications under circumstances where such board determines that another state does not offer nonresident classification to Georgia appraisers based on requirements substantially similar to the law of this state for granting nonresident classification; to provide that initial judicial review of a decision of such board shall be available solely in the superior court of the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

domicile of the board; to authorize such board to require certain applicants and real estate appraisers who are under investigation by the board to submit fingerprints to the board; to authorize such board to obtain records of criminal convictions regarding applicants and appraisers who are under investigation by the board from the Georgia Crime Information Center and the Federal Bureau of Investigation; to amend Chapter 40 of said title, relating to real estate brokers and salespersons, so as to provide for a definition of the term "firm" and amend the definition of the term "person"; to provide that application materials submitted to the Georgia Real Estate Commission shall be confidential; to provide for the public availability of certain information regarding real estate licensees that is maintained by such commission; to provide for the collection of an activation fee from certain firms which have applied for real estate licenses; to provide that initial judicial review of a decision of such commission shall be available solely in the superior court of the domicile of the commission; to authorize such commission to require certain applicants and real estate licensees who are under investigation by the board to submit fingerprints to the commission; to authorize such commission to obtain records of criminal convictions regarding applicants and licensees who are under investigation by the board from the Georgia Crime Information Center and the Federal Bureau of Investigation; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 43 of the Official Code of Georgia Annotated, relating to professions, is amended by striking Article 1 of Chapter 4, relating to general provisions relative to architects, and inserting in lieu thereof a new article to read as follows:

"ARTICLE 1 43-4-1. As used in this chapter, the term:
(1) 'Architect' means an individual technically and legally qualified to engage in the practice of architecture.

(2) 'Architectural construction contract administration services' shall include at a minimum the following services:
(A) Visiting the construction site on a regular basis to determine that the work is proceeding in accordance with the technical submissions submitted to the building official at the time the building permit was issued; and

(B) Processing shop drawings, samples, and other submissions required of the contractor by the terms of construction contract documents.

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(3) 'Board' means the Georgia State Board of Architects and Interior Designers.

(4) 'Building' means any structure consisting of foundation, floors, walls, columns, girders, beams, and roof or a combination of any of these parts, with or without other parts or appurtenances.

(5) 'Building official' shall mean the person appointed by the county, municipality, or other political subdivision of the state having responsibility for the issuance of building permits and the administration and enforcement of the Georgia State Minimum Construction Codes, or a state fire marshal where there is not such local official.

(6) 'Practice of architecture' means the rendering of or offer to render the following services in connection with the design, construction, enlargement, or alteration of a building or group of buildings and the space within and surrounding such buildings, which may have human occupancy or habitation: planning, providing preliminary studies, designs, drawings, specifications and other technical submissions, the architectural administering of construction contracts, and coordinating elements of technical submissions prepared by others including, as appropriate and without limitation, consulting engineers, registered interior designers, and landscape architects. As part of the practice of architecture, a registered architect may perform such engineering work as is incidental to his or her work. Nothing in this paragraph shall be construed to prohibit a licensed engineer from coordinating technical submittals related to the practice of engineering.

(7) 'Registered architect' means a person who is technically and legally qualified and currently registered with the board to practice architecture in the State of Georgia.

(8) 'Registered interior designer' means a person who is registered under Article 2 of this chapter as being qualified by education, experience, and examination to use the title 'registered interior designer' in the State of Georgia and as further defined in Code Section 43-4-30. Nothing in this paragraph or in this article shall be construed as prohibiting or restricting the practice or activities of an interior decorator or individual offering interior decorating services, including, but not limited to, selection of surface materials, window treatments, wall coverings, paints, floor coverings, and lighting fixtures.

(9) 'Registration' means the certificate of registration issued by the board.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(10) 'Responsible control' means the amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered architects applying the required professional standard of care, as defined by rules and regulations adopted by the board.
(11) 'Technical submissions' means designs, drawings, specifications, studies, and other technical reports prepared in the course of practicing architecture.
43-4-2.

There is created the Georgia State Board of Architects and Interior Designers, which shall be composed of nine appointed members. Six of the members shall be registered architects who hold a current license in this state and who shall be residents of this state. Two members shall be registered interior designers who are residents of this state and who have been interior designers for at least ten years immediately preceding the appointment and who shall have passed an examination approved by the board. One member shall be a resident of this state and shall have no connection whatsoever with the practice or profession of architecture or interior design. The members of the predecessor State Board of Architects including the interior designer members who were formerly only full voting members for purposes of Article 2 of this chapter in office on June 30, 2000, shall be members of the Georgia State Board of Architects and Interior Designers and shall serve out the remainder of their respective terms and until their successors are appointed and qualified. The citizen member who is not a practicing architect or interior designer may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of architects or interior designers in this state. The Governor shall appoint successors to the present members of the board, as their respective terms of office expire, for a term of office of five years each. The successor members so appointed shall possess the qualifications specified in this Code section and shall be confirmed by the Senate as provided in Code Section 43-1-16. In case a successor is not appointed at the expiration of the term of any member, such member shall hold office until his or her successor has been duly appointed and qualified. Any vacancy occurring in the membership of the board shall be filled by the Governor for the unexpired term, and such member shall be confirmed by the Senate as provided in Code Section 43-116.
43-4-3.

The members of the board, before entering upon the discharge of their duties, shall subscribe to and file with the Secretary of State the constitutional oath of officers.

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43-44.

The board shall elect from its membership a president and a vice president. 434-5.

The joint-secretary shall keep a true record of all proceedings of the board.

434-6.

Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
434-7.

The board, or any member designated by the board, may confer with similar boards of other states or attend meetings or conferences for the purpose of obtaining information for the advancement of the profession and standards thereof.

434-8.

The board shall be charged with the duty of enforcing this chapter and may incur such expenses as shall be necessary, all of which expenses shall be paid as provided in Chapter 1 of this title.
434-9.

The board shall adopt all necessary rules, regulations, and standards of conduct, not inconsistent with this chapter and the Constitution and laws of this state and of the United States, to carry out this chapter and to safeguard life, health, and property.

43-4-10.

(a) Except as otherwise provided in this article, no person shall practice architecture in this state or use the title 'architect' or 'registered architect' or any word, letter, figure, or any other device indicating or intending to imply that he or she is an architect unless he or she holds a current registration as an architect in this state.

(b) No firm, sole proprietorship, partnership, limited liability company, corporation, or other similar organization shall be registered as architects. Firms, sole proprietorships, partnerships, limited liability companies, and corporations may practice architecture, as defined by this article, and perform the services heretofore enumerated common to the practice of architecture, provided that all such work and services are performed under the responsible control of an architect registered in this state who is a director, in the case of a corporation, or who is a partner, in the case of a partnership, or who is a member, in the case of a limited liability company, or who

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GENERAL ACTS AND RESOLUTIONS, VOL. I

'\' t

is an employee with an ownership interest who has been designated in writing as holding a position of authority within the firm which authorizes him or her to direct the architectural services offered by that firm; and provided, further, that the administration of construction contracts shall be under the responsible control of such registered architect and that such plans, drawings, and specifications shall be prepared under the responsible control of such registered architect and bear the architect's individual signature and seal.
434-11.
(a) Any person may apply to the board for such examinations as are required for certification under this article if qualified as set forth in subsection (b) of this Code section, or any person who has been registered as an architect by another jurisdiction may apply for a certificate of registration if qualified as set forth in subsection (c) of this Code section. No person shall be eligible for registration as an architect who has been found by the board to have committed any of the acts set forth in this article for which an architect's certificate might be revoked or suspended unless that individual establishes to the satisfaction of the board that he or she has fully reformed.
(b) The examinations shall be the examinations prepared and graded by the National Council of Architectural Registration Boards (NCARB). The candidate for examination shall submit to the board satisfactory evidence of one of the following qualifications:
(1) A professional degree in architecture from a school or college approved by the National Architectural Accrediting Board and practical experience as the board, by rules and regulations uniformly applied, shall deem appropriate. The board may adopt as its rules and regulations those guidelines published from time to time by the National Council of Architectural Registration Boards;
(2) A minimum of ten years' practical experience, including academic training, following completion of high school or the equivalent thereof, as the board, by rules and regulations uniformly applied, shall deem appropriate. An individual who intends to qualify as a candidate for examination under the provisions of this paragraph shall notify the board of such intent in writing prior to July 1, 1985. After July 1, 1985, all candidates for examination shall meet the requirements of paragraph (1) of this subsection; provided, however, that those candidates and only those candidates who have met the requirements of this paragraph shall be admitted as a candidate for examination; or
(3) A bachelor's degree in architectural engineering technology from a school or college in this state approved by the Accrediting Board for Engineering and Technology, or any other bachelor's degree with a substantial

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concentration in architecture approved by the board from a board approved school or college in this state, and at least six years of practical experience as the board, by regulations uniformly applied, shall deem appropriate. An individual who intends to quality as a candidate for examination under the provisions of this paragraph shall notifY the board of such intent in writing prior to July 1, 2003. After July 1, 2003, all candidates for examination shall meet the requirements of paragraph (1) of this subsection.
(c) The applicant for a certificate of registration who has met the educational and training requirements set forth in paragraph (1), (2), or (3) of subsection (b) of this Code section and who has been registered as an architect by another jurisdiction shall hold a National Council of Architectural Registration Boards' certificate and a certificate of registration in such other jurisdiction, both of which shall be current and in good standing.
(d) The board may require applicants under subsection (c) of this Code section to provide such other evidence as the board may require to demonstrate knowledge of professional practice.
43-4-12.
A certificate of registration as a registered architect shall be valid for two years and shall be renewed biennially as provided by rule of the board. It is unlawful to identity oneself as being able to practice architecture in this state without a current and valid registration in this state. An applicant for a renewal of a certificate of registration shall meet such professional development requirements as the board may require by rule or regulation. Such rule or regulation shall describe professional development activities acceptable to the board and the form of documentation of such activities required by the board. The board shall be authorized to waive the professional development requirement in cases of hardship, disability, age, illness, or under such other circumstances as the board deems appropriate. Failure to meet the minimum qualifications for renewal of a license shall be grounds for denial of a renewal application.
43-4-13.
(a) In addition to the authority provided in Code Section 43-1-19, the board shall have the power to suspend or revoke the certificate of registration or reprimand any registrant who is found by the board to have:
(1) Committed any fraud, deceit, or misrepresentation in obtaining a certificate of registration;
(2) Committed any gross negligence, incompetence, unprofessional conduct, or recklessness in his or her professional practice;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) Permitted the use of his or her seal by any firm, partnership, limited liability company, or corporation without complying with the provisions of Code Section 43-4-10 as to his or her personal direction and supervision of architectural services performed by such firm, sole proprietorship, partnership, limited liability company, or corporation or the provisions of Code Section 43-4-16;
(4) Been convicted by any court of record of the United States of any act which would constitute a felony or a crime involving moral turpitude in this state or a plea of nolo contendere or the affording of first offender treatment to any such charge; or
(5) Violated this article or any rule, regulation, or standard of conduct promulgated by the board pursuant to the powers conferred upon it by this article.

(b) Prior to revoking or suspending a registrant's certificate, the board shall provide for a hearing into the charges against the registrant. The board shall issue a notice of hearing to the registrant in compliance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' at least ten days prior to the hearing. The hearing will be conducted in accordance with the procedures set forth in Chapter 13 of Title 50 and this article.
(c) The board may reinstate a registration to any person whose registration has been revoked who has met the qualifications for reinstatement. Application for the reissuance of said registration shall be made in such a manner as the board may direct and shall be accompanied by a fee established by the board. Neither the denial of a request for reinstatement of a revoked registration nor the refusal to issue a previously denied registration shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
434-14.
(a) In order to safeguard health, safety, and welfare, no person shall be allowed to practice architecture unless he or she has the qualifications and competency required by this article. Any person who is practicing architecture as defined in paragraph (6) of Code Section 434-1 shall be required to register under this article and to secure all renewals of such registration before beginning or continuing to practice architecture.

(b) The following structures do not require the seal of a registered architect:

(1) One and two-family residences and domestic outbuildings regardless of cost;

(2) Any building classified as an agricultural occupancy upon any farm for the use of any farmer; any state owned farmer's market;

GEORGIA LAWS 2000 SESSION

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(3) Any building or structure which is a single story building, not exceeding more than 50 feet in depth, with clear visibility of all exits, except new or existing assembly occupancies, educational occupancies, health care occupancies, correctional or detention facilities, hotels, dormitories or lodging facilities, multifamily housing or apartment complexes, and care facilities;
(4) Preengineered metal buildings and structures classified, with respect to ordinary hazard use, as storage use and not for human habitation and are one story in height; and
(5) Nonload-bearing interior construction in ex1stmg or planned office structures which were designed by a registered architect, where drawings and specifications are prepared by a Georgia registered interior designer who also submits to the responsible building official a notarized and signed statement on letterhead from a person in a position of authority within the interior design firm certifYing that the plans and specifications as submitted are in full compliance with the current building codes and regulations in effect.
(c) The following persons are exempt from registration as an architect in this state:
(1) A nonresident who holds a license to practice architecture in the state or country in which he or she resides and holds an NCARB certificate, but who is not registered in this state, may offer architectural services in a response to a request for qualifications, an interview, or a design competition only. Any offering or practice beyond this exception shall require registration as an architect in Georgia;
(2) An employee of a registered architect or firm under subsection (b) of Code Section 434-10 who is not in charge of design or supervision and who works under the supervision of a registered architect;
(3) An employee of the United States government while working in the scope of his or her employment for the United States government; and
(4) A registered professional engineer or his or her employee or subordinate under his or her responsible supervising control may perform architectural services which are incidental to such engineering practice; provided, however, that no professional engineer shall practice architecture or use the designation 'architect' or any term derived therefrom unless registered under this article.
(d) Nothing in this article shall be construed to prohibit interior designers from performing services authorized by Article 2 of this chapter.

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(e) Nothing in this article shall be construed to prohibit a general contractor for construction from offering to perform a design-build contract; provided, however, that such offer shall clearly indicate at the time of such offer that all design services shall be performed by a duly licensed and registered architect or engineer in compliance with all other provisions of this chapter.

(f) Nothing in this article shall be construed to mean that predesign services, as defined in Code Section 50-22-7, are required to be performed exclusively by architects.
434-15.

Except as provided in Code Section 25-2-14, it shall be the duty of all public officials charged with the responsibility of enforcing codes related to the construction of buildings to require compliance with Code Section 434-14 before architectural plans, drawings, and specifications are approved for construction. Except as provided in Code Section 25-2-14, no building subject to Code Section 434-14 and requiring the services of an architect shall be built without such approval prior to construction.
434-16.

(a) Every architect registered under this chapter shall have a seal in the design authorized by the board, bearing the registrant's name, certificate number, and the legends 'Registered Architect' and 'State of Georgia.'
(b) Plans, specifications, drawings, reports, or other architectural documents issued for the purpose of obtaining a building permit or for other requirements set forth by law shall be sealed by the architect and across the face of the seal shall be affixed the signature of the owner of the seal. The location of the seal on such documents, the identification of the pages which must be sealed, and the form of any title blocks may be established by the board in its rules and regulations.
(c) (1) No plans, specifications, drawings, reports, or other documents shall be sealed and signed by an architect unless:

(A) The architect has a current registration to practice in this state and is competent in the subject matter of the documents by virtue of education or experience or both; and

(B) The architect personally prepared the plans, specifications, drawings, reports, or other documents, or the plans, specifications, drawings, reports, or other documents were prepared under the architect's responsible control as provided in subsection (b) of Code Section 434-10.

(2) The architect has been given full authority in writing by the original architect to make document revisions and has made a substantive review and inspection of the documents with regard to the laws and regulations

GEORGIA LAWS 2000 SESSION

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of this state, and the documents are prototypical drawings. For purposes of this paragraph, prototypical drawings are drawings that may be prepared by an architect licensed in any country or United States jurisdiction, that have been prepared in connection with the design of a commercial chain establishment, and that have been successfully constructed in other states or countries.
(d) The registered architect who signs and seals the plans, specifications, drawings, reports, or other documents shall be considered the architect of record.
(e) No registered architect shall affix his or her seal to any plan, specification, drawing, report, or other document unless he or she has assumed the responsibility for the accuracy and adequacy of the work involved.
(f) If the registered architect who sealed the technical submissions submitted to the building official at the time the building permit is issued has not been employed to furnish construction administration services, he or she shall so note on such technical submissions in such manner as defined by board rules. If the architect's responsibility for construction contract administration is terminated following the issuance of a building permit, the building official shall be notified by the architect in writing accordingly.
(g) Any violation of this Code section shall be grounds for the suspension or revocation of the registration of the architect.

(h) Nothing in this Code section shall be construed to prohibit a registered architect from sealing drawings or documents prepared by a registered interior designer when such registered architect has reviewed or supervised the preparation of the drawings or documents as provided in Code Section 43433.
(i) Nothing in this Code section shall be construed to prohibit a licensed engineer from sealing engineering drawings and documents as provided in Code Section 434-14.
434-17.
(a) Any person who uses the title 'architect' or 'registered architect' or uses any word, letters, or figures indicating or intending to imply that the person using the same is an architect or registered architect without compliance with this article, or who makes any willfully false oath or affirmation in any matter or proceeding where an oath or affirmation is required by this article, or who practices architecture without compliance with this article shall be guilty of a misdemeanor.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) It shall be the duty of all duly constituted officers of the law of this state, or any political subdivision thereof, to enforce this article and to prosecute any persons violating this article. Upon application of any officer or citizen of this state complaining that this article has been violated by any person and upon proof of such violation, the superior courts of this state are authorized to and shall enjoin further violations of this article.
43-4-18.

(a) Notwithstanding any other provisions of the law to the contrary, upon the board determining that a person is violating the provisions of Code Section 43-4-17, the board may issue a cease and desist order prohibiting such person from further violating such Code section. A determination by the board may be made only after notice to such person is given and a hearing is held.

(b) The board shall be authorized to impose a civil fine not to exceed $5,000.00 for each separate violation of a cease and desist order issued under subsection (a) of this Code section upon any person violating such order. For purposes of this subsection, each day a person is in violation of a cease and desist order issued under this Code section shall constitute a separate violation.

(c) Initial judicial review of any decision of the board made pursuant to this Code section or any action for enforcement thereof shall be available solely in the superior court of the county of domicile of the board.
(d) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.
43-4-19.

As cumulative of any other remedy or criminal prosecution, whenever it appears to the board that any person, firm, sole proprietorship, partnership, limited liability company, or corporation is or has been violating any of the provisions of this article, or the lawful rules, regulations, or orders of the board, or any of the laws of this state relating to the practice of architecture, the board, on its own motion, may bring an action in its own name in the superior courts of this state alleging the facts and praying for a temporary restraining order and an injunction against such person, firm, sole proprietorship, partnership, limited liability company, or corporation, restraining him, her, or it from violating such law, order, rule, or regulation. Upon proof of such facts, the court shall issue a restraining order or injunction, or both, without requiring allegation or proof that the petitioner therefor has no adequate remedy at law."

GEORGIA LAWS 2000 SESSION

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SECTION 2.

Said chapter is further amended by striking Code Section 43-4-31, relating to the administration of the article governing interior designers by the State Board of Architects, and inserting in lieu thereof a new Code section to read as follows:
"43-4-31.

The Georgia State Board of Architects and Interior Designers shall grant certificates and administer the provisions of this article, and the board shall keep a registry of registered interior designers."
SECTION 3.

Said title is further amended in Code Section 43-14-2, relating to definitions regarding the State Construction Industry Licensing Board, by striking in its entirety paragraph (17) and inserting in lieu thereof a new paragraph (17) to read as follows:

"( 17) 'Utility system' means any system at least five feet underground, when installed or accessed by trenching, open cut, cut and cover, or other similar construction methods which install or access the system from the ground surface, including, but not limited to, gas distribution systems, electrical distribution systems, communication systems, water supply systems, sanitary sewerage and drainage systems, reservoirs and filtration plants, water and waste-water treatment plants, leachate collection and treatment systems associated with landfills, and pump stations, when the system distributes or collects a service, product, or commodity for which a fee or price is paid for said service, product, or commodity or for the disposal of said service, product, or commodity."

SECTION 4.

Said title is further amended in Chapter 39A, relating to real estate appraisers, by striking in its entirety subsection (d) of Code Section 43-39A-3, relating to the membership, qualifications, powers, duties, and compensation of the Georgia Real Estate Appraisers Board, and inserting in lieu thereof a new subsection (d) to read as follows:

"(d) Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors. The Governor, after giving notice and opportunity for a hearing, may remove from office any member of the board for any of the following:

(1) Inability to perform or neglecting to perform the duties required of members;

(2) Incompetence; or

I

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) Dishonest conduct."

SECTION 5.

Said title is further amended in Code Section 43-39A-7, relating to applications for a real estate appraiser classification, and inserting in lieu thereof a new Code Section 43-39A-7 to read as follows:
"43-39A-7.
(a) Any person desiring to act as a real estate appraiser must file an application for an appraiser classification with the board. All original and subsequent applications filed with the board shall be in such form and detail as the board shall prescribe, setting forth the following:
(1) The name and address of the applicant and the name under which the applicant intends to conduct business;
(2) The place or places, including the city with the street and street number, if any, where the business is to be conducted; and
(3) Such other information as the board shall require.
(b) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary, all applications, including supporting documents and other personal information submitted by applicants and classified appraisers as part of an application filed with the board, shall be confidential. The board shall deem as public records the following information and shall make such information reasonably available for inspection by the general public: an appraiser's name, classification number and status, business name, business address, business telephone number, type of classification held, and term of classification; the fact that an appraiser has or has not received a disciplinary sanction; and such other information pertaining to the classification of an appraiser or approval of a school, course, or instructor as the board may determine by rule."
SECTION 6.
Said title is further amended in Code Section 43-39A-9, relating to requirements for nonresident applicants and temporary permits for real estate appraiser classifications, by adding at the end thereof new subsections (e) and (f) to read as follows:
"(e) The board in its discretion may enter into written agreements with similar regulatory authorities of other states as may be necessitated by those states' laws to assure for Georgia appraisers nonresident classification opportunities comparable to those afforded to nonresidents by this Code section. Whenever the board determines that another state does not offer nonresident classification to Georgia appraisers with requirements substantially comparable to those afforded to appraisers of that state by this Code section, the

GEORGIA lAWS 2000 SESSION

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board shall require appraisers of such state who apply for nonresident classification to meet education, experience, and examination requirements substantially comparable to those required by that state with respect to Georgia appraisers who seek nonresident classification.
(f) Notwithstanding any other provision of this Code section, the board in its discretion may enter into written agreements with similar regulatory authorities of other states to permit appraisers classified in those states to conduct real property appraisal activities in Georgia without obtaining a classification in Georgia, provided that such other states afford the same opportunities to Georgia appraisers."
SECTION 7.
Said title is further amended in Code Section 43-39A-14, relating to the required conduct of applicants for a real estate appraiser classification and grounds for refusal of a classification, by adding at the end thereof a new subsection (l) to read as follows:
"(l) Where the board has previously sanctioned any applicant for a classification under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such sanction may in itself be a sufficient ground for refusing the classification."
SECTION 8.
Said title is further amended in Code Section 43-39A-15, relating to hearings regarding real estate appraiser classifications to be conducted in accordance with the "Georgia Administrative Procedure Act," by striking in its entirety subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Notwithstanding any provision of subsection (b) of Code Section 50-13-19 to the contrary, initial judicial review of a final decision of the board shall be available solely in the superior court of the county of domicile of the board."
SECTION 9.
Said title is further amended in Code Section 43-39A-21, relating to hearings on imposition of sanctions against real estate appraisers and judicial review, by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:

I

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"(c) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Notwithstanding any provision of subsection (b) of Code Section 50-13-19 to the contrary, initial judicial review of a final decision of the board shall be available solely in the superior court of the county of domicile of the board."
SECTION 10.

Said title is further amended in Chapter 39A, relating to real estate appraisers, by adding a new Code Section 43-39A-22.1 to read as follows:
"43-39A-22.1.

(a) As used in this Code section, the term 'conviction data' means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been brought, or a record of a sentencing to first offender treatment without an adjudication of guilt.
(b) Mter the board has opened an investigation authorized by Code Section 43-39A-22, the board shall be authorized to obtain conviction data with respect to an applicant or appraiser who is the subject of such investigation. The board may require any applicant or appraiser who is the subject of an investigation conducted pursuant to Code Section 43-39A-22 and who has been convicted of, pled nolo contendere to, or been granted first offender treatment upon being charged with any criminal offense other than a traffic violation or any traffic violation that involved driving under the influence of alcohol or drugs, homicide or feticide by vehicle, fleeing the scene of an accident, attempting to elude a police officer, or impersonating a law enforcement officer to submit to the board two complete sets of classifiable fingerprints of the applicant or appraiser. Upon receipt thereof, the board shall submit both sets of fingerprints to the Georgia Crime Information Center which shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report. The Georgia Crime Information Center shall retain the other set of fingerprints and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the board 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 board shall be used by it for the exclusive purpose of carrying out its responsibilities under this chapter, shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except as provided in Code Section 4339A-22."

GEORGIA LAWS 2000 SESSION

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SECTION 11.

Said title is further amended in Code Section 43-40-1, relating to definitions regarding real estate brokers and salespersons, by adding a new paragraph (4.4) and by striking in its entirety paragraph (6) and inserting in lieu thereof a new paragraph (6), to read respectively as follows:

"(4.4) 'Firm' means any business entity, including, but not limited to, a corporation, partnership, limited liability company, or sole proprietorship."

"(6) 'Person' means individuals and firms."

SECTION 12.

Said title is further amended in Chapter 40, relating to real estate brokers and salespersons, by striking in its entirety Code Section 43-40-7, relating to applications for licenses, and inserting in lieu thereof a new Code Section 43-40-7 to read as follows:

"43-40-7.

(a) Any person desiring to act as a real estate licensee must file an application for a license with the commission. All original and subsequent applications filed with the commission shall be in such form and detail as the commission shall prescribe, setting forth the following:

(1) The name and address of the applicant or the name under which he or she intends to conduct business and, if the applicant is a partnership or limited liability company, the name and residence address of each member thereof and the name under which the partnership or limited liability company business is to be conducted and, if the applicant is a corporation, the name and address of each of its principal officers;

(2) The place or places, including the city with the street and street number, if any, where the business is to be conducted; and

(3) Such other information as the commission shall require.

(b) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary, all applications, including supporting documents and other personal information submitted by applicants and licensees as part of an application filed with the commission, shall be confidential. The commission shall deem as public records the following information and shall make such information reasonably available for inspection by the general public: a licensee's name, license number and status, business name, business address, business telephone number, type of license held, and term of license; the



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GENERAL ACTS AND RESOLUTIONS, VOL. I

fact that a licensee has or has not received a disciplinary sanction; and such other information pertaining to the license of a licensee or approval of a school, course, or instructor as the commission may determine by rule."
SECTION 13.
Said title is further amended in Code Section 43-40-9, relating to requirements regarding nonresident real estate licenses, by striking in its entirety paragraph (4) of subsection (c) and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Mfiliate with a resident or nonresident broker if the applicant is an individual community association manager, salesperson, or associate broker. If a nonresident licensee terminates the affiliation with a broker licensed by the commission, the license of such nonresident shall automatically be terminated unless such nonresident places the license on inactive status or affiliates with another broker licensed by the commission within 30 days. No license shall be issued to any member, officer, independent contractor, employee, or partner of a nonresident firm until said firm qualifies for a broker's license. A nonresident corporation or limited liability company must obtain from the proper agency and maintain a certificate of authority to transact business in this state;"
SECTION 14.
Said title is further amended in Code Section 43-40-10, relating to the granting of a broker's license, associate broker's license, or salesperson's license to a corporation, limited liability company, or partnership, by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No broker's license shall be granted to a firm unless: (1) said firm designates an individual licensed as a broker as its qualifying broker who shall be responsible for assuring that the firm and its affiliated licensees comply with the provisions of this chapter and its attendant rules and regulations; and (2) said firm authorizes its qualifying broker to bind the firm to any settlement of a contested case before the commission as defined in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' in which said firm may be a named respondent. Violations of this chapter or its rules and regulations by a firm licensed as a broker shall subject the license of the qualifying broker to sanction as authorized by this chapter. No broker's license shall be granted to a firm unless every person who acts as a licensee for such firm shall hold a real estate license."

GEORGIA LAWS 2000 SESSION

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SECTION 15.

Said title is further amended in Code Section 43-40-12, relating to fees for real estate licenses, by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:

"(c) Prior to the issuance of an original license, each applicant who has passed the examination required by Code Section 43-40-8, each firm which is an applicant for a broker's license, and each corporation, limited liability company, or partnership which is an applicant for an associate broker license or a salesperson license shall pay an activation fee in advance."

SECTION 16.

Said title is further amended in Code Section 43-40-15, relating to the grant, revocation, or suspension of real estate licenses, by adding at the end thereof a new subsection (m) to read as follows:

"(m) Where the commission has previously sanctioned any applicant for a license under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such sanction may in itself be a sufficient ground for refusing the license."

SECTION 17.

Said title is further amended by striking in its entirety subsection (b) of Code Section 43-40-16, relating to hearings and judicial review regarding nonacceptance of applications for real estate licenses, and inserting in lieu thereof a new subsection (b) to read as follows:

"(b) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50. Notwithstanding any provision of subsection (b) of Code Section 50-13-19 to the contrary, initial judicial review of a final decision of the commission shall be available solely in the superior court of the county of domicile of the commission."

SECTION 18.

Said title is further amended in Code Section 43-40-19, relating to changes of the place of business of a real estate broker and transfers of salespersons and associate brokers, by striking in its entirety subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:

"(b) When an affiliated licensee leaves a broker for whom such licensee is acting, the broker shall immediately cause the license of that licensee to be forwarded either to the commission or to the new broker for whom the licensee will act. If the wall certificate of licensure is forwarded to the new

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GENERAL ACTS AND RESOLUTIONS, VOL. I

broker for whom the licensee will act, the broker releasing the licensee shall notify the commission in writing of that action. The releasing broker shall furnish such other information regarding the termination of said licensee as the commission may require. Any licensee whose license is released by a broker shall not engage in the activities of a real estate licensee until the licensee:

(1) Personally delivers to the commission a commission approved application to transfer such licensee's license to a new broker or has the United States Postal Service postmark a letter containing such an application; or

(2) Receives from the commission a wall certificate of licensure authorizing the licensee to serve as the broker or the qualifying broker of a firm."

SECTION 19.

Said title is further amended by striking in its entirety Code Section 43-40-21, relating to violations involving real estate accounts, and inserting in lieu thereof a new Code Section 43-40-21 to read as follows:

"43-40-21.

Whenever it shall appear to the commission from any examination or report provided by the laws of this state that a broker has failed to comply with Code Section 43-40-20 or if any broker or the officers, members, or partners of any firm licensed as a real estate broker shall refuse to submit their books, papers, and affairs to the inspection of any examiner, the commission shall have reason to conclude that the trust account of such broker is in an unsafe or unsound condition; and the commission shall immediately submit a complete report of all information available to it to the Attorney General. An action may be brought by this state to enjoin such broker from engaging in or continuing such violation or doing any act or acts in furtherance thereof. In any such action, an order or judgment may be entered awarding such preliminary or final injunctions as may be deemed proper. In addition to all other means provided by law for the enforcement of a restraining order or injunction, the court in which such action is brought shall have power and jurisdiction to impound and appoint a receiver for the property and business of the defendant, including books, papers, documents, and records pertaining thereto, or as much thereof as the court may deem reasonably necessary to prevent violations of the law or injury to the public through, or by means of, the use of such property and business. Such receiver, when so appointed and qualified, shall have such powers and duties as to custody, collection, administration, winding up, and liquidation of such property and business as shall, from time to time, be conferred upon such receiver by the court."

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SECTION 20.
Said title is further amended in Code Section 4340-22, relating to the real estate education, research, and recovery fund, by striking in its entirety paragraph (6) of subsection (d) and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) Should the commission pay from the real estate education, research, and recovery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the license of such licensee shall be automatically revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. If such license is that of a firm, the license of the qualifying broker of the firm shall automatically be revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. No such licensee shall be eligible to receive a new license until such licensee has repaid in full, plus interest at the judgment rate in accordance with Code Section 7-4-12, the amount paid from the real estate education, research, and recovery fund on such licensee's account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this subsection."
SECTION 21.

Said title is further amended in Code Section 4340-25, relating to violations by real estate licensees, schools, and instructors and sanctions thereon, by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:

"(c) Whenever a licensee acts in a real estate transaction as a principal or as an officer, employee, or member of a firm or any other entity acting as a principal, the commission may impose any sanction permitted by this chapter if the licensee commits any unfair trade practice enumerated in this Code section or violates any other provision of this chapter or any rules and regulations adopted pursuant to this chapter in such a transaction."
SECTION 22.

Said title is further amended in Code Section 4340-26, relating to hearings before the Georgia Real Estate Commission and judicial review, by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:

"(c) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50. Notwithstanding any provision of subsection (b) of Code Section 50-13-19 to

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the contrary, initial judicial review of a final decision of the commtsston shall be available solely in the superior court of the county of domicile of the commission."

SECTION 23.

Said title is further amended in Chapter 40, relating to real estate brokers and salespersons, by adding a new Code Section 43-40-27.1 to read as follows:

"43-40-27 .1.

(a) As used in this Code section, the term 'conviction data' means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been brought, or a record of a sentencing to first offender treatment without an adjudication of guilt.

(b) After the commission has opened an investigation as authorized by Code Section 43-40-27, the commission shall be authorized to obtain conviction data with respect to an applicant or licensee who is the subject of such investigation. The commission may require any applicant or licensee who is the subject of an investigation conducted pursuant to Code Section 43-40-27 and who has been convicted of, pled nolo contendere to, or been granted first offender treatment upon being charged with any criminal offense other than a traffic violation or any traffic violation that involved driving under the influence of alcohol or drugs, homicide or feticide by vehicle, fleeting the scene of an accident, attempting to elude a police officer, or impersonating a law enforcement officer to submit to the commission two complete sets of classifiable fingerprints of the applicant or licensee. Upon receipt thereof, the commission shall submit both sets of fingerprints to the Georgia Crime Information Center which shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report. The Georgia Crime Information Center shall retain the other set of fingerprints and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the commission 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 commission shall be used by it for the exclusive purpose of carrying out its responsibilities under this chapter, shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except as provided in Code Section 43-40-27."

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SECTION 24.

Said title is further amended in Chapter 40, relating to real estate brokers and salespersons, by striking in its entirety Code Section 43-40-31, relating to penalties, and inserting in lieu thereof a new Code Section 43-40-31, to read as follows:

"43-40-31.

Any person acting as a real estate licensee within the meaning of this chapter without a license and any person who violates any other provision of this chapter shall be guilty of a misdemeanor."

SECTION 25.

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

Approved May 1, 2000.

LAW ENFORCEMENT OFFICERS AND AGENCIES- CRIME REPORTING; CRIMINAL HISTORY RECORDS.
Code Sections 35-3-33 and 35-3-39.1 Amended.
No. 902 (Senate Bill No. 356).
AN ACT
To amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide that the Georgia Crime Information Center shall periodically conduct audits of crime reporting practices of criminal justice agencies to ensure compliance with the standards of national and state uniform crime reporting systems and to ensure reporting of criminal arrests, dispositions, and custodial information; to provide that criminal justice agencies shall furnish upon written request and without charge to any local fire department in this state a copy of the criminal history record information of an applicant for employment; to change certain references applicable to the National Crime Prevention and Privacy Compact; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1.

Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by striking in its entirety Code Section 35-3-33, relating to the powers and duties of the Georgia Crime Information Center, and inserting in lieu thereof a new Code Section 35-3-33 to read as follows:
"35-3-33.

(a) The center shall:

(1) Obtain and file fingerprints, descriptions, photographs, and any other pertinent identifying data on persons who:

(A) Have been or are hereafter arrested or taken into custody in this state:
(i) For an offense which is a felony;

(ii) For an offense which is a misdemeanor or a violation of an ordinance involving burglary tools, commercial gambling, dealing in gambling devices, contributing to the delinquency of a child, dealing in stolen property, dangerous drugs, marijuana, narcotics, firearms, dangerous weapons, explosives, pandering, prostitution, sex offenses where children are victims, or worthless checks;

(iii) For an offense charged as disorderly conduct but which relates to an act connected with one or more of the offenses under division (ii) of this subparagraph;

(iv) As a fugitive from justice; or

(v) For any other offense designated by the Attorney General;
(B) Are or become career criminals, well-known offenders, or habitual offenders;

(C) Are currently or become confined to any prison, penitentiary, or other penal institution;

(D) Are unidentified human corpses found in this state; or

(E) Are children who are charged with an offense that if committed by an adult would be a felony or are children whose cases are transferred from a juvenile court to another court for prosecution;

(2) Compare all fingerprint and other identifying data received with those already on file and, whether or not a criminal record is found for a person, at once inform the requesting agency or arresting officer of such facts as may be disseminated consistent with applicable security and pri-

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GEORGIA lAWS 2000 SESSION

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vacy laws and regulations. A log shall be maintained of all disseminations made of each individual criminal history including at least the date and recipient of such information;

(3) Provide a uniform crime reporting system for the periodic collection, analysis, and reporting of crimes reported to and otherwise processed by any and all law enforcement agencies within the state, as defined and provided for in this article;

(4) Periodically conduct audits of crime reporting practices of criminal justice agencies to ensure compliance with the standards of national and state uniform crime reporting systems and to ensure reporting of criminal arrests, dispositions, and custodial information;

(5) Develop, operate, and maintain an information system which will support the collection, storage, retrieval, and dissemination of all crime and offender data described in this article consistent with those principles of scope, security, and responsiveness prescribed by this article;

(6) Cooperate with all criminal justice agencies within the state in providing those forms, procedures, standards, and related training assistance necessary for the uniform operation of the center;

(7) Offer assistance and, when practicable, instruction to all criminal justice agencies in establishing efficient local records systems;

(8) Compile statistics on the nature and extent of crime in the state and compile other data related to planning for and operating criminal justice agencies, provided that such statistics do not identify persons, and make available all such statistical information obtained to the Governor, the General Assembly, and any other governmental agencies whose primary responsibilities include the planning, development, or execution of crime reduction programs. Access to such information by the latter governmental agencies will be on an individual, written request basis wherein must be demonstrated a need to know, the intent of any analyses, dissemination of such analyses, and any security provisions deemed necessary by the center;

(9) Periodically publish statistics, no less frequently than annually, that do not identify persons, agencies, corporations, or other legal entities and report such information to the Governor, the General Assembly, state and local criminal justice agencies, and the general public. Such information shall accurately reflect the level and nature of crime in the state and the operations in general of the different types of agencies within the criminal justice system;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(10) Make available, upon request, to all local and state criminal justice agencies, all federal criminal justice agencies, and criminal justice agencies in other states any information in the files of the center which will aid these agencies in the performance of their official duties. For this purpose the center shall operate on a 24 hour basis, seven days a week. Such information when authorized by the council may also be made available to any other agency of the state or political subdivision of the state and to any other federal agency upon assurance by the agency concerned that the information is to be used for official purposes only in the prevention or detection of crime or the apprehension of criminal offenders;
(11) Cooperate with other agencies of the state, the crime information agencies of other states, and the Uniform Crime Reports and National Crime Information Center systems of the Federal Bureau of Investigation in developing and conducting an interstate, national, and international system of criminal identification, records, and statistics;
(12) Provide the administrative mechanisms and procedures necessary to respond to those individuals who file requests to view their own records as provided for in this article and to cooperate in the correction of the central center records and those of contributing agencies when their accuracy has been successfully challenged either through the related contributing agencies or by court order issued on behalf of the individual;
(13) Institute the necessary measures in the design, implementation, and continued operation of the criminal justice information system to ensure the privacy and security of the system. This will include establishing complete control over use and access of the system and restricting its integral resources and facilities to those either possessed or procured and controlled by criminal justice agencies as defined in this article. Such security measures must meet standards to be set by the council as well as those set by the nationally operated systems for interstate sharing of information; and

(14) Provide availability, by means of data processing, to files listing motor vehicle drivers' license numbers, motor vehicle registration numbers, wanted and stolen motor vehicles, outstanding warrants, identifiable stolen property, and such other files as may be of general assistance to criminal justice agencies.

(b) Criminal justice agencies shall furnish upon written request and without charge to any local fire department in this state a copy, processed under purpose code 'E', of the criminal history record information of an applicant for employment.

GEORGIA LAWS 2000 SESSION

1553

(c) The provisions of this article notwithstanding, information and records of juveniles shall only be inspected and disclosed as provided in Code Sections 15-11-59 and 15-11-60. Such records and information shall be destroyed according to the procedures outlined in Code Sections 15-11-61 and 15-11-65."

SECTION 2.

Said article is further amended by striking in its entirety subsection (a) of Code Section 35-3-39.1, relating to the National Crime Prevention and Privacy Compact, and inserting in lieu thereof a new subsection (a) to read as follows:

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

(1) 'Compact' means the National Crime Prevention and Privacy Compact established by Section 217 of the federal law.

(2) 'Compact council' means the compact council established by Article VI of the compact.

(3) 'Director' means the director of the Georgia Crime Information Center.

(4) 'Federal law' means the National Crime Prevention and Privacy Compact Act of 1998 contained in Public Law 92-544, 42 U.S.C. Section 14616.

(5) 'Interstate Identification Index System' or 'III System' means the cooperative federal-state system for the exchange of criminal history records as provided for in the compact."

SECTION 3.

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

Approved May 1, 2000.

,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

PENAL INSTITUTIONS - COMMUNITY SERVICE AS CONDITION OF PAROLE OR ALTERNATIVE TO REVOCATION; PRIVATE PROBATION
SERVICES CONTRACTS.

Code Section 42-8-100 Amended. Code Section 42-944.3 Enacted.

No. 903 (Senate Bill No. 357).

AN ACT

To amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief by the State Board of Pardons and Paroles, so as to provide that the State Board of Pardons and Paroles or its designee may direct an offender to perform community service as a condition of parole or as an alternative to the revocation of parole; to provide that neither the community service agency nor the community service supervisor or agency employees shall be liable to any offender per- . forming community service for any acts or omissions related to participation in a community service program; to provide that such limitation of liability does not apply to any act or omission by any community service agency, community service supervisor, or agency employee that constitutes gross negligence or willful misconduct; to provide that it shall be unlawful to use or to allow an offender to be used for any purpose resulting in private gain to an individual, but this prohibition shall not apply to work on private property made necessary due to a natural disaster if the work is approved by the State Board of Pardons and Paroles; to define certain terms; to amend Code Section 42-8-100 of the Official Code of Georgia Annotated, relating to agreements between county or municipal courts and corporations, enterprises, or agencies for probation services, so as to provide that termination of certain contracts for probation services shall be initiated by the chief judge of the court and approved by the governing authority of the county which entered into the contract and in accordance with the agreed upon, written provisions of such contract; to provide procedures for the termination of certain existing contracts; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief by the State Board of Pardons and Paroles, is amended by adding between Code Sections 42-944.2 and 42-945 a new Code Section 42-944.3 to read as follows:

"42-944.3.

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

GEORGIA LAWS 2000 SESSION

1555

(1) 'Agency employee' means an employee or agent of a community service agency, whether the individual is a paid or unpaid employee or agent.

(2) 'Community service' means uncompensated work by an offender with a community service agency for the benefit of the community pursuant to a directive of the State Board of Pardons and Paroles or its designee as a condition of parole or as an alternative to the revocation of parole.

(3) 'Community service agency' means any private or public agency or organization approved by the State Board of Pardons and Paroles to participate in a community service program.

(4) 'Community service supervisor' means an individual who places or supervises offenders directed to perform community service, whether the individual is a paid or unpaid supervisor.

(5) 'Offender' means a person who has been convicted of a crime, who is under the jurisdiction of the State Board of Pardons and Paroles, and who has been granted conditional executive clemency.

(b) The State Board of Pardons and Paroles or its designee may direct an offender to perform community service as a condition of parole or as an alternative to the revocation of parole.

(c) Neither the community service agency nor the community service supervisor or agency employees shall be liable to any offender performing community service for any acts or omissions related to participation in a community service program. This limitation of liability does not apply to any act or omission by any community service agency, community service supervisor, or agency employee that constitutes gross negligence or willful misconduct.

(d) It shall be unlawful to use or to allow an offender to be used for any purpose resulting in private gain to an individual, but this subsection shall not apply to work on private property made necessary due to a natural disaster if the work is approved by the State Board of Pardons and Paroles."

SECTION 2.

Code Section 42-8-100 of the Official Code of Georgia Annotated, relating to agreements between county or municipal courts and corporations, enterprises, or agencies for probation services, is amended by striking in its entirety paragraph (1) of subsection (a) and inserting in lieu thereof the following:

"(a) (1) The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to enter into written contracts with corporations, enterprises, or agencies to provide probation supervision, counseling, collection services for all moneys to be paid

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GENERAL ACTS AND RESOLUTIONS, VOL. I

by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted of a misdemeanor in that court and placed on probation in the county. In no case shall a private probation corporation or enterprise be charged with the responsibility for supervising a felony sentence. The final contract negotiated by the chief judge with the private probation entity shall be attached to the approval by the governing authority of the county to privatize probation services as an exhibit thereto. The termination of a contract for probation services as provided for in this subsection entered into on or after July 1, 2000, shall be initiated by the chief judge of the court which entered into the contract, and subject to approval by the governing authority of the county which entered into the contract and in accordance with the agreed upon, written provisions of such contract. The termination of a contract for probation services as provided for in this subsection in existence on July 1, 2000, and which contains no provisions relating to termination of such contract shall be initiated by the chief judge of the court which entered into the contract, and subject to approval by the governing authority of the county which entered into the contract and in accordance with the agreed upon, written provisions of such contract."

SECTION 3.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.

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

Approved May 1, 2000.

STATE GOVERNMENT - RECORDS; PUBLIC DISCLOSURE; EXEMPTIONS.
Code Section 50-18-72 Amended.
No. 904 (Senate Bill No. 364).
AN ACT
To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to records that are not subject to public disclosure, so as to exempt from public disclosure certain personal information of persons or entities obtained by counties or municipalities in connection with the installation, servicing, maintaining, operating, selling, or leasing of burglar alarm systems, fire alarm systems, or other electronic security systems; to exempt certain records

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GEORGIA LAWS 2000 SESSION

1557

relating to tests to be administered by the State Board of Education, the Office

I

of Education Accountability, or a local school system; to provide for proce-

dures for viewing in certain circumstances; to repeal conflicting laws; and for

other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to records that are not subject to public disclosure, is amended by adding between paragraph (11.1) and paragraph (12) of subsection (a) a new paragraph (11.2) to read as follows:

"( 11.2) Records that would reveal the names, home addresses, telephone numbers, security codes, or any other data or information developed, collected, or received by counties or municipalities in connection with the installation, servicing, maintaining, operating, selling, or leasing of burglar alarm systems, fire alarm systems, or other electronic security systems; provided, however, that initial police reports and initial incident reports shall remain subject to disclosure pursuant to paragraph (4) of this subsection;"

SECTION 2.

Said Code section is further amended by striking subsection (b) and inserting in its place the following:

"(b) This article shall not be applicable to:

(1) Any trade secrets obtained from a person or business entity which are of a privileged or confidential nature and required by law to be submitted to a government agency or to data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher learning, or other governmental agencies, in the conduct of or as a result of, study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where such data, records, or information has not been publicly released, published, copyrighted, or patented;

(2) Any data, records, or information developed, collected, or received by or on behalf of faculty, staff, employees, or students of an institution of higher education or any public or private entity supporting or participating in the activities of an institution of higher education in the conduct of, or as a result of, study or research on medical, scientific, technical, scholarly, or artistic issues, whether sponsored by the institution alone or in conjunction with a governmental body or private entity until such information is published, patented, otherwise publicly disseminated, or re-

1558

GENERAL ACTS AND RESOLUTIONS, VOL. I

leased to an agency whereupon the request must be made to the agency. This subsection applies to, but is not limited to, information provided by participants in research, research notes and data, discoveries, research projects, methodologies, protocols, and creative works; or

(3) Unless otherwise provided by law, contract, bid, proposal, records consisting of questions, scoring keys, and other materials, constituting a test that derives value from being unknown to the test taker prior to administration, which is to be administered by the State Board of Education, the Office of Education Accountability, or a local school system, if reasonable measures are taken by the owner of the test to protect security and confidentiality; provided, however, that the State Board of Education may establish procedures whereby a person may view, but not copy, such records if viewing will not, in the judgment of the board, affect the result of administration of such test.

These limitations shall not be interpreted by any court of law to include or otherwise exempt from inspection the records of any athletic association or other nonprofit entity promoting intercollegiate athletics."

SECTION 3.

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

Approved May 1, 2000.

FOOD, DRUGS, AND COSMETICS - FOOD SALES ESTABLISHMENTS; FOOD SERVICE ESTABLISHMENTS.
Code Title 26, Chapter 2 Amended.
No. 905 (Senate Bill No. 375).
AN ACT
To amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to change definitions and inspection and enforcement provisions relating to food sales establishments and food service establishments; to change the powers and duties of the Commissioner of Agriculture, the Department of Human Resources, and county boards of health; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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GEORGIA LAWS 2000 SESSION

1559

SECTION 1.

Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, is amended by striking subsection (a) of Code Section 26-2-21, relating to definitions of terms used in the "Georgia Food Act," and inserting in its place the following:

"(a) As used in this article, the term:

(1) 'Commissioner' means the Commissioner of Agriculture.

(2) 'Contaminated with filth' applies to any food not securely protected from dust, dirt, and, as far as may be necessary, by all reasonable means, from all foreign or injurious contamination.

(3) 'Federal act' means the Federal Food, Drug, and Cosmetic Act (Title 21 U.S.C. Section 301, et seq., 52 Stat. Section 1040, et seq.).

(4) 'Food' means:

(A) Articles used for food or drink for human consumption;

(B) Chewing gum; and

(C) Articles used for components of any such articles.

(5) 'Food sales establishment' means retail and wholesale grocery stores; retail seafood stores and places of business; food processing plants, except those food processing plants which are currently required to obtain a license from the Commissioner under any other provision of law; bakeries; confectioneries; fruit, nuts, and vegetable stores or roadside stands; wholesale sandwich and salad manufacturers, including vending machines and operations connected therewith; and places of business and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises. Within a food sales establishment, there may be a food service component, not separately operated, which may serve customers on site. This food service component shall be considered as part of the food sales establishment. The food sales component of any food service establishment defined in Code Section 26-2-370 shall not be included in this definition. This term shall not include 'food service establishments' as defined in Code Section 26-2-370. This term also shall not include establishments engaged in the sale of food primarily for consumption off the premises if such sale is an authorized part of and occurs upon the site of a fair or festival which:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501 (d) or paragraphs (1) through (8) or paragraph (10) of Section 50l(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2;

(B) Lasts 120 hours or less; and
(C) When sponsored by such an organization, is authorized to be conducted pursuant to a permit issued by the municipality or county in which it is conducted.

(6) 'Immediate container' does not include package liners.

(7) 'Label' means a display of written, printed, or graphic matter upon the immediate container of any article; and a requirement made by or under the authority of this article that any word, statement, or other information appear on the label shall not be considered to be complied with unless each such word, statement, or other information also appears on the outside wrapper or container, if there is any, of the retail package of such article, or is easily legible through the outside container or wrapper.

(8) 'Labeling' means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers or accompanying such article.
(9) 'Official compendium' means the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them.

(10) 'Person' means an individual, partnership, corporation, or association or any combination thereof."
SECTION 2.

Said chapter is further amended by striking Code Section 26-2-33, relating to enforcement of Article 2 of Chapter 2 of Title 26, known as the "Georgia Food Act," and inserting in its place the following:
"26-2-33.

(a) The Commissioner is charged with the duty of enforcing this article and rules, regulations, and standards adopted and promulgated under this article in establishments that have the majority of square footage of building floor space used for the operation of food sales as defined in Code Section 26-221. The measurement of square footage shall consider indoor and outdoor dining areas as part of food service as defined in Code Section 26-2-370. The Commissioner shall employ the necessary personnel and shall fix their

GEORGIA LAWS 2000 SESSION

1561

compensation and prescribe their duties. Duly authorized representatives are authorized to enter upon and inspect the premises of any food sales establishment.

(b) Notwithstanding any other provlSlon of this article, food service establishments as defined in Code Section 26-2-370 shall be inspected and regulated under Article 13 of this chapter and shall not be subject to inspection or enforcement under this article."

SECTION 3.

Said chapter is further amended by striking Code Section 26-2-370, relating to definitions of terms relating to food service establishments, and inserting in its place the following:

"26-2-370.

As used in this article, the term:

(1) 'Food service establishment' means establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products either for carry out or service within the establishment. The term includes restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which retail sandwiches or salads; soda fountains; institutions, both public and private; food carts; itinerant restaurants; industrial cafeterias; catering establishments; and similar facilities by whatever name called. Within a food service establishment, there may be a food sales component, not separately operated. This food sales component shall be considered as part of the food service establishment. This term shall not include a 'food sales establishment,' as defined in Code Section 26-2-21, except as stated in this definition. The food service component of any food sales establishment defined in Code Section 26-2-21 shall not be included in this definition. This term also shall not mean establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products if such preparation or serving is an authorized part of and occurs upon the site of a fair or festival which:

(A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501 (d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2;

(B) Lasts 120 hours or less; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(C) When sponsored by such an organization, is authorized to be conducted pursuant to a permit issued by the municipality or county in which it is conducted.
(2) 'Person' or 'persons' means any individual, firm, partnership, corporation, trustee, or association, or combination thereof."
SECTION 4.
Said chapter is further amended by striking Code Section 26-2-375, relating to enforcement of Article 13 of Chapter 2 of Title 26, relating to food service establishments, and inspection of food service and food sales establishments, and inserting in its place the following:
"26-2-375.

(a) The Department of Human Resources and the county boards of health, acting as duly authorized agents of the department, are authorized to enforce this article and rules, regulations, and standards adopted and promulgated under this article in establishments that have the majority of square footage of building floor space, including indoor and outdoor dining areas, used for the operation of food service as defined in Code Section 26-2-370. Their duly authorized representatives are authorized to enter upon and inspect the premises of any food service establishment as provided in Article 2 of Chapter 5 of Title 31.
(b) Notwithstanding any other provisions of this article, food sales establishments as defined in Code Section 26-2-21 shall be inspected and regulated under Article 2 of this chapter and shall not be subject to inspection or enforcement under this article."
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
Approved May 1, 2000.

DOMESTIC RELATIONS - STATE COMMISSION ON FAMILY VIOLENCE; TERMINATION DATE.
Code Section 19-13-35 Enacted.
No. 906 (Senate Bill No. 383).
AN ACT
To amend Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the State Commission on Family Violence, so as to change the date on which the commission shall be terminated; to amend an

GEORGIA LAWS 2000 SESSION

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Act creating the State Commission on Family Violence, approved April 16, 1992 (Ga. L. 1992, p. 1810), as amended, particularly by an Act approved April 2, 1996 (Ga. L. 1996, p. 449), so as to repeal provisions of said Act formerly governing the termination of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the State Commission on Family Violence, is amended by adding at its end a new Code Section 19-13-35 to read as follows:

"19-13-35.

The State Commission on Family Violence shall be terminated and shall cease to exist on January 1, 2006."

SECTION 2.

An Act creating the State Commission on Family Violence, approved April 16, 1992 (Ga. L. 1992, p. 1810), as amended, particularly by an Act approved April 2, 1996 (Ga. L. 1996, p. 449), is amended by repealing Section 2 which reads as follows:

"SECTION 2.

The commission shall be terminated on January 1, 2002."

SECTION 3.

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

Approved May 1, 2000.

WATERS OF THE STATE, PORTS, AND WATERCRAFT - WATERCRAFT; OPERATION BY CERTAIN CHILDREN; ENGINE EXHAUST MUFFLING.

Code Sections 52-7-8.3 and 52-7-10 Amended.

No. 907 (Senate Bill No. 389).

AN ACT

To amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia

Annotated, relating to the registration, operation, and sale of watercraft, so as

ia

to provide that persons 14 and 15 years of age may operate any type of vessel

:o

Lll

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GENERAL ACTS AND RESOLUTIONS, VOL. I

in the waters of the state under certain conditions; to change certain provisions relating to muffling internal combustion engines on vessels; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article I of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, is amended by striking in its entirety subsection (b) of Code Section 52-7-8.3, relating to the operation and identification of watercraft and the operation of watercraft by minors, and inserting in lieu thereof the following:

"(b) A person age 14 or 15 may operate:

( 1) A personal watercraft or nonmotorized Class A vessel on any of the waters of this state in compliance with the provisions of this article; and

(2) Any other vessel if such person:

(A) Is accompanied by an adult age 18 or over who is authorized to operate such vessel under the provisions of subsection (a) of this Code section;

(B) Has completed a safe boating course approved by the department; or

(C) Is under direct supervision by an adult age 18 or over."

SECTION 2.

Said article is further amended by striking in its entirety Code Section 52-7-10, relating to exhausts required to be muffled and noise level testing, and inserting in lieu thereof the following:
"52-7-10.

(a) The exhaust of every internal combustion engine used on any vessel, ex-

cluding those vessels documented by the United States Coast Guard and li-

censed pursuant to Code Section 27-2-8, shall be muffled or baffled and

water injected, except those engines that exhaust through the lower unit or

outdrive when the vessel is on plane, so as to decrease noise. Vessels com-

peting in regattas or boat races approved under the provisions of Code Sec-

tion 52-7-19 may be exempt from such provisions.

-

(b) The operator of any vessel, when requested to do so by any law enforcement officer authorized to enforce this title, shall submit the vessel to a noise level test."

GEORGIA LAWS 2000 SESSION

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SECTION 3.

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

Approved May 1, 2000.

CRIMES AND OFFENSES - EXPLOSIVE MATERIALS; LIST. Code Section 16-7-81 Amended. No. 908 (Senate Bill No. 392). AN ACT
To amend Code Section 16-7-81 of the Official Code of Georgia Annotated, relating to explosive materials, so as to provide for additions to the list of explosive materials; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.
Code Section 16-7-81 of the Official Code of Georgia Annotated, relating to explosive materials, is amended by inserting immediately following paragraph (92) new paragraphs (92.1), (92.2), (92.3), (92.4), (92.5), and (92.6) to read as follows:
"(92.1) Guncotton; (92.2) Heavy metal azides; (92.3) Hexamitrostrilbene; (92.4) Hexanite; (92.5) Hexanitrodiphenylamine; (92.6) Hexogen."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

CONSERVATION AND NATURAL RESOURCES - DEPARTMENT OF NATURAL RESOURCES; ASSISTANCE FROM AND JOINT EFFORTS WITH
OTHER ENTITIES.

Code Section 12-2-6 Amended.

No. 909 (Senate Bill No. 393).

AN ACT

To amend Code Section 12-2-6 of the Official Code of Georgia Annotated, relating to the authority of the Department of Natural Resources to arrange for and accept federal aid and cooperation, volunteer services, cooperation with other government entities and civic organizations, and related matters, so as to authorize the commissioner of natural resources to accept volunteer services from individuals for the promotion of boating safety and hunter and boating safety programs; to authorize the Department of Natural Resources to participate with private groups to advertise and promote any activities related to the objectives, powers, duties, and responsibilities of the department that make efficient use of funds appropriated for advertising; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.

Code Section 12-2-6 of the Official Code of Georgia Annotated, relating to the authority of the Department of Natural Resources to arrange for and accept federal aid and cooperation, volunteer services, cooperation with other government entities and civic organizations, and related matters, is amended by striking in its entirety paragraph (1) of subsection (b) and inserting in lieu thereof the following:

"(b) (1) The commissioner is authorized to accept without regard to the State Merit System of Personnel Administration, laws, rules, or regulations, the services of individuals without compensation as volunteers for or in aid of environmental protection, coastal resources, interpretive functions, hunter safety and boating safety instruction, hunter safety and boating safety programs, visitor services, conservation measures and development, and any other activities in and related to the objectives, powers, duties, and responsibilities of the department."

SECTION 2.

Said Code section is further amended by inserting at the end thereof the following:

"(e) The department shall have the authority to participate with public and private groups, organizations, and businesses in joint advertising and promotional projects that promote environmental protection, coastal resource con-

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servation, historic preservation, interpretive functions, hunter safety and boating safety instruction and programs, outdoor recreation, visitor services, conservation measures and development, and any other activities in and related to the objectives, powers, duties, and responsibilities of the department and that make efficient use of funds appropriated for advertising and promotions; provided, however, that nothing in this subsection shall be construed so as to authorize the department to grant any donation or gratuity."

SECTION 3.

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

Approved May 1, 2000.

CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS- BUSINESS CORPORATIONS; SHARES; SERIES; CLASSES; SHAREHOLDER AGREEMENTS.
Code Title 14, Chapter 2 Amended.
No. 910 (Senate Bill No. 397).
AN ACT
To amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to provide for creation of one or more series of shares within a class of shares in the articles of incorporation including the number of shares, a distinguishing designation, and the preferences, limitations, and relative rights of the shares in a series; to provide that all shares of a series shall have identical preferences, limitations, and relative rights; to provide for exceptions; to provide for making the characteristics of the shares of a series or the holders thereof dependent upon facts ascertainable outside the articles of incorporation; to provide for a nonexhaustive list of characteristics of the shares of a series; to provide for eliminating a series of shares in certain circumstances; to provide for provisions permissible as terms and conditions of certain rights, options, or warrants; to provide for the applicability of specified definitions; to provide for a limitation on certain provisions of rights, options, or warrants; to limit provisions relating to voting agreements which eliminate or restrict the power of a board of directors to corporations whose shares are not publicly traded; to provide for the adoption and written form of voting agreements; to provide for the method of amending, duration, and notice of such agreements; to provide when such agreements shall cease to be effective and for the effect of an agreement limiting the discretion or powers of a board of directors; to provide that such an agreement shall not be a ground for imposing personal liability on a shareholder for the acts or debts of the corporation; to provide for limitation of the powers

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of the board of directors in certain provisions of rights, options, or warrants; to clarify the powers of a committee of the board of directors; to provide that certain voting agreements are the exclusive method for permitting a bylaw limiting the authority of the board of directors; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, is amended by striking in its entirety Code Section 14-2601, relating to authorized shares, and inserting in its place the following:
"14-2-601.

(a) The articles of incorporation must prescribe the classes of shares and the number of shares of each class that the corporation is authorized to issue. If more than one class of shares is authorized, the articles of incorporation must prescribe a distinguishing designation for each class and, prior to the issuance of shares of a class, the preferences, limitations, and relative rights of that class must be described in the articles of incorporation. Except to the extent otherwise permitted by Code Section 14-2-624, unless such class is divided into a series, all shares of a class must have preferences, limitations, and relative rights identical with those of other shares of the same class; provided, however, that any of the voting powers, designations, preferences, rights, qualifications, limitations, or restrictions of or on the shares of a class, or the holders thereof, may be made dependent upon facts ascertainable outside the articles of incorporation or of any amendment thereto if the manner in which the facts shall operate upon the voting powers, designations, preferences, rights, qualifications, limitations, or restrictions of or on the shares, or the holders thereof, is clearly and expressly set forth in the articles of incorporation.

(b) The articles of incorporation may create one or more series of shares
within a class of shares. If more than one series within a class of shares is
authorized, the articles of incorporation must prescribe the number of shares of and a distinguishing designation for each series and, prior to the issuance of shares of a series, the preferences, limitations, and relative rights of that series must be described, in the articles of incorporation. Except to the extent otherwise permitted by Code Section 14-2-624, all shares of a series must have preferences, limitations, and relative rights identical with those of other shares of the same series and, except to the extent otherwise provided in the description of the series, with those of other series of the same class; provided, however, that any of the voting powers, designations, preferences, rights, qualifications, limitations, or restrictions of or on the shares of a series, or the holders thereof, may be made dependent upon

GEORGIA LAWS 2000 SESSION

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facts ascertainable outside the articles of incorporation or of any amendment thereto if the manner in which the facts shall operate upon the voting powers, designations, preferences, rights, qualifications, limitations, or restrictions of or on the shares, or the holders thereof, is clearly and expressly set forth in the articles of incorporation.

(c) The articles of incorporation must authorize:

(1) One or more classes of shares that together have unlimited voting rights; and

(2) One or more classes of shares (which may be the same class or classes as those with voting rights) that together are entitled to receive the net assets of the corporation upon dissolution.

(d) The articles of incorporation may authorize one or more classes or series of shares that:

(1) Have special, conditional, or limited voting rights, or no right to vote, except to the extent prohibited by this chapter;

(2) Are redeemable, exchangeable, or convertible as specified in the articles of incorporation:

(A) At the option of the corporation, the shareholder, or another person or upon the occurrence of a designated event;

(B) For cash, indebtedness, securities, or other property; or

(C) In a designated amount or in an amount determined in accordance with a designated formula or by reference to extrinsic data or events;

(3) Entitle the holders to distributions calculated in any manner, including dividends that may be cumulative, noncumulative, or partially cumulative; and

(4) Have preference over any other class or series within a class of shares with respect to distributions, including dividends and distributions upon the dissolution of the corporation.

(e) If at the time the corporation issues shares or other securities that are redeemable or exchangeable for or convertible into shares of another class or series, the corporation does not have authorized and unissued shares sufficient to satisfy the rights if and when exercised, the granting of the rights is not invalid solely by reason of the lack of sufficient authorized but unissued shares to honor the exercise of the rights.

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'

(f) The description of the designations, preferences, limitations, and relative rights of share classes and series in subsection (d) of this Code section is not exhaustive.

(g) Solely for the purpose of any statute or regulation imposing any tax or fee based upon the capitalization of a corporation, all authorized shares of a corporation organized under this chapter shall be deemed to have a nominal or par value of 1 per share. If any federal or other statute or regulation applicable to a particular corporation requires that the shares of the corporation have a par value, the shares shall be deemed to have the par value determined by the board solely for the purpose of satisfaction of the requirements of the statute or regulation imposing a tax or fee based upon the capitalization of the corporation.

(h) Nothing contained in this Code section shall be deemed to limit the board of directors' authority or discretion to determine the terms and conditions of rights, options, or warrants issuable pursuant to Code Section 14-2624."

SECTION 2.

Said chapter is further amended by striking in its entirety Code Section 14-2602, relating to terms of a class or series of shares, and inserting in lieu thereof the following:

"14-2-602.

(a) If the articles of incorporation so provide, the board of directors may determine, in whole or in part, the preferences, limitations, and relative rights of (1) any class of shares before the issuance of any shares of that class or (2) one or more series within a class, and designate the number of shares within that series, before the issuance of any shares of that series.

(b) Each series of a class must be given a distinguishing designation.

(c) Except to the extent otherwise permitted by Code Section 14-2-624, all shares of a class or, if applicable, series within a class must have preferences, limitations, and relative rights identical with those of other shares of the same class or series and, except to the extent otherwise provided in the description of the series, all shares of a series must have preferences, limitations, and relative rights identical with those of other series of the same class; provided, however, that any of the voting powers, preferences, designations, rights, qualifications, limitations, or restrictions of or on the class or series of shares, or the holders thereof, may be made dependent upon facts ascertainable outside the articles of incorporation if the manner in which the facts shall operate upon the voting powers, designations, preferences,

I

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GEORGIA lAWS 2000 SESSION

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rights, qualifications, limitations, or restrictions of or on the shares, or the holders thereof, IS clearly and expressly set forth in the articles of incorporation.

(d) Before issuing any shares of a class or series created under this Code section, the corporation must deliver to the Secretary of State for filing articles of amendment, which are effective without shareholder action, that set forth:

(1) The name of the corporation;

(2) The text of the amendment determining the terms of the class or series of shares;

(3) The date it was adopted; and

(4) A statement that the amendment was duly adopted by the board of directors.

(e) Mter the board of directors has established a series in accordance with the terms of this Code section, the board of directors at any time and from time to time may increase or decrease the number of shares contained in the series, but not below the number of shares then issued, or eliminate the series where no shares are issued by filing articles of amendment, which are effective without shareholder action, in the manner provided in subsection (d) of this Code section.

(f) Nothing contained in this Code section shall be deemed to limit the board of directors' authority or discretion to determine the terms and conditions of rights, options, or warrants issuable pursuant to Code Section 14-2624."

SECTION 3.

Said chapter is further amended in Code Section 14-2-624, relating to share options, by striking in its entirety subsection (c), and inserting in lieu thereof the following:

"(c) The terms of the rights, options, or warrants, including the time or times, the conditions precedent, and the prices at which and the holders by whom the rights, options, or warrants may be exercised, as well as their duration, (1) may preclude or limit the exercise, transfer, or receipt of such rights, options, or warrants or invalidate or void any rights, options, or warrants and (2) may be made dependent upon facts ascertainable outside the documents evidencing the rights, or the resolution providing for the issue of the rights, options, or warrants adopted by the board of directors, if the manner in which the facts shall operate upon the exercise of rights is clearly

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GENERAL ACTS AND RESOLUTIONS, VOL. I

and expressly set forth in the document evidencing the rights or in the resolution. Such terms and conditions need not be set forth in the articles of incorporation.

(d) The terms and conditions of rights, options, or warrants issuable pursuant to this Code section may include provisions that:

(1) Preclude or limit the exercise, transfer, or receipt of such rights, options, or warrants by, or invalidate or void any such rights, options, or warrants held by, any person that is a beneficial owner of a specified amount of the outstanding equity securities or percentage of the outstanding voting power of the corporation, or by any transferee of such person, except that such provisions shall not affect any person whose beneficial ownership at the date of adoption of any such provision exceeds such specified amount or percentage, unless the amount of outstanding equity securities beneficially owned by such person is subsequently increased; and
(2) Limit, restrict, or condition the power of a future director to vote for the redemption, modification, or termination of the rights, options, or warrants for a period not to exceed 180 days from the initial election of the director; provided that, such 180 day time limitation shall not apply to any such limitation, restriction, or condition that is based solely on a director's current or former status as an employee or officer of the corporation; as a director, officer, employee, affiliate, or associate of any interested shareholder or person seeking to become an interested shareholder; or as a director, officer, or employee of an affiliate of an interested shareholder or person seeking to become an interested shareholder.

(e) The provisions of subsection (d) of this Code section shall be applied as follows:

(1) The definition of 'beneficial owner' contained in Code Section 14-21110 shall be applicable to this Code section, except (A) any exclusion from such definition shall be permitted, and (B) that the effective date of this paragraph shall be December 31, 2000, insofar as it may be deemed to apply to any right, option, or warrant issued or issuable at the date of enactment of this paragraph;

(2) The definition of 'affiliate,' 'associate,' and 'interested shareholder' contained in Code section 14-2-1110 shall be applicable to this Code section; provided, however, that the inclusion of a person as a nominee for election as a director of the corporation by an interested shareholder or person seeking to become an interested shareholder shall not create an implication that such nominee is an affiliate of an interested shareholder or person seeking to become an interested shareholder; and

GEORGIA LAWS 2000 SESSION

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(3) Any rights, options, or warrants issued or issuable pursuant to this Code section that contain a provision otherwise permitted by paragraph (2) of subsection (d) of this Code section but which does not purport to comply with the 180 day time limitation specified therein shall not be rendered invalid, but any such provision shall be deemed to be effective only to the extent permitted by paragraph- (2) of subsection (d) of this Code section."

SECTION 4.
Said chapter is further amended by striking in its entirety Code Section 14-2731, relating to shareholder agreements, and inserting in lieu thereof the following:
"14-2-731.

(a) Two or more shareholders may provide for the manner in which their shares will be voted by signing an agreement for that purpose. A voting agreement created under this Code section or under subsection (b), (f), or (g) of Code Section 14-2-920 is not subject to the provisions of Code Section 14-2-730.

(b) A voting agreement created under this Code section is specifically enforceable.

(c) The duration of any agreement created under this Code section shall not exceed 20 years. Failure to state a period of duration or stating a period of duration in excess of 20 years shall not invalidate the agreement, but in either case the period of duration shall be 20 years. Any such agreement may be renewed for a period not in excess of 20 years from the date of renewal by agreement of all the shareholders bound thereby at the date of renewal."

SECTION 5.

Said chapter is further amended by inserting a new Code section to be designated Code Section 14-2-732 to read as follows:

"14-2-732.

(a) An agreement among the shareholders of a corporation that complies with this Code section is effective among the shareholders and the corporation even though it is inconsistent with one or more other provisions of this Code in that it:

(1) Eliminates the board of directors or restricts the discretion or powers of the board of directors;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

'

(2) Governs the authorization or making of distributions whether or not in proportion to ownership of shares, subject to the limitations of Code Section 14-2-640;

(3) Establishes the directors or officers of the corporation, or their terms of office or manner of selection or removal;

(4) Governs, in general or in regard to specific matters, the exercise or division of voting power by or between the shareholders and directors or by or among any of them, including use of weighted voting rights or director proxies;

(5) Establishes the terms and conditions of any agreement for the transfer or use of property or the provision of services between the corporation and any shareholder, director, officer, or employee of the corporation or among any of them;

(6) Transfers to one or more shareholders or other persons all or part of the authority to exercise the corporate powers or to manage the business and affairs of the corporation, including the resolution of any issue about which there exists a deadlock among directors or shareholders;

(7) Requires dissolution of the corporation at the request of one or more of the shareholders or upon the occurrence of a specified event or contingency; or

(8) Otherwise governs the exercise of the corporate powers or the management of the business and affairs of the corporation or the relationship among the shareholders, the directors, and the corporation, or among any of them, and is not contrary to public policy.

(b) An agreement authorized by this Code section shall be: (1) Set forth:

(A) In the articles of incorporation or bylaws and approved by all persons who are shareholders at the time of the agreement; or
(B) In a written agreement that is signed by all persons who are shareholders at the time of the agreement and is made known to the corporation;

(2) Subject to amendment only by:
(A) An amendment to the articles of incorporation or bylaws approved by all persons who are shareholders at the time of the amendment; or
(B) An agreement in writing by all persons who are shareholders at the time of the amendment, unless the agreement provides that it may be amended by less than all the shareholders; and

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GEORGIA lAWS 2000 SESSION

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(3) Valid for no more than 20 years. Failure to state a period of duration or stating a period of duration in excess of 20 years shall not invalidate the agreement, but in either case the period of duration shall be 20 years. Any such agreement may be renewed for a period not in excess of 20 years from the date of renewal by agreement of all the shareholders at the date of renewal.

(c) The existence of an agreement authorized by this Code section shall be noted conspicuously on the front or back of each certificate for outstanding shares or on the information statement required by subsection (b) of Code Section 14-2-626. If at the time of the agreement the corporation has shares outstanding represented by certificates, the corporation shall recall the outstanding certificates and issue substitute certificates that comply with this subsection. The failure to note the existence of the agreement on the certificate or information statement shall not affect the validity of the agreement or any action taken pursuant to it. Any purchaser of shares who, at the time of purchase, did not have knowledge of the existence of the agreement shall be entitled to rescission of the purchase. A purchaser shall be deemed to have knowledge of the existence of the agreement if its existence is noted on the certificate or information statement for the shares in compliance with this subsection and, if the shares are not represented by a certificate, the information statement is delivered to the purchaser at or prior to the time of purchase of the shares. An action to enforce the right of rescission authorized by this subsection must be commenced within the earlier of 90 days after discovery of the existence of the agreement or two years after the time of purchase of the shares.

(d) An agreement authorized by this Code section shall cease to be effective when shares of the corporation are listed on a national securities exchange or regularly traded in a market maintained by securities dealers or brokers. If the agreement ceases to be effective for any reason, the board of directors may, if the agreement is contained or referred to in the corporation's articles of incorporation or bylaws, adopt an amendment to the articles of incorporation or bylaws, without shareholders action, to delete the agreement and any references to it.
(e) An agreement authorized by this Code section that limits the discretion or powers of the board of directors shall relieve the directors of, and impose upon the person or persons in whom such discretion or powers are vested, liability for acts or omissions imposed by law on directors to the extent that the discretion or powers of the directors are limited by the agreement.

(f) Except as provided in subsection (e) of this Code section, the existence or performance of an agreement authorized by this Code section shall not be a ground for imposing personal liability on any shareholder for the acts

,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

or debts of the corporation even if the agreement or its performance treats the corporation as if it were a partnership or results in failure to observe the corporate formalities otherwise applicable to the matters governed by the agreement.
(g) Incorporators or subscribers for shares may act as shareholders with respect to an agreement authorized by this Code section if no shares have been issued when the agreement is made."
SECTION 6.

Said chapter is further amended by striking in its entirety Code Section 14-2801, relating to the requirement for and duties of a board of directors, and inserting in lieu thereof the following:
"14-2-801.

(a) Each corporation must have a board of directors, except as provided in Article 9 of this chapter or in a written agreement meeting the requirements of Code Section 14-2-732.
(b) All corporate powers shall be exercised by or under the authority of, and the business and affairs of the corporation managed under the direction of, its board of directors, subject to any limitation set forth in the articles of incorporation, in rights, options, or warrants permitted by paragraph (2) of subsection (d) of Code Section 14-2-624, or in an agreement among the shareholders meeting the requirements of Code Section 14-2-732.

(c) No limitation upon the authority of the directors, whether contained in the articles of incorporation or an agreement among the shareholders meeting the requirements of Code Section 14-2-732 shall be effective against persons, other than shareholders and directors, who are without actual knowledge of the limitation."

SECTION 7.
Said chapter is further amended in Code Section 14-2-825, relating to committees, by striking subsection (d) in its entirety and inserting in lieu thereof the following:

"(d) A committee may not, however:

(1) Approve or propose to shareholders action that this chapter requires to be approved by shareholders;
(2) Fill vacancies on the board of directors or on any of its committees;
(3) Amend articles of incorporation pursuant to Code Section 14-2-1002 except that a committee may, to the extent authorized in a resolution or resolutions adopted by the board of directors, amend the articles of incor-

GEORGIA lAWS 2000 SESSION

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poration to fix the designations, preferences, limitations, and relative rights of shares pursuant to Code Section 14-2-602 or to increase or decrease the number of shares contained in a series of shares established in accordance with Code Section 14-2-602 but not below the number of such shares then issued;

(4) Adopt, amend, or repeal bylaws; or

(5) Approve a plan of merger not requiring shareholder approval."

SECTION 8.

Said chapter is further amended in Code Section 14-2-1004, relating to voting on amendments by voting groups, by striking subsection (a) in its entirety and inserting in lieu thereof the following:

"(a) The holders of the outstanding shares of a class are entitled to vote as a separate voting group (unless shareholder voting is not required by virtue of Code Section 14-2-1002) on a proposed amendment if the amendment would:

(1) Increase or decrease the aggregate number of authorized shares of the class; provided, however, that if the articles of incorporation specifically authorize the shares of any class to be increased or decreased without a vote of such class, under such circumstances, the authorized number, terms, conditions, designations, preferences, limitations, and relative rights of those shares may be fixed as provided in the articles of incorporation;

(2) Effect an exchange or reclassification of all or part of the shares of the class into shares of another class;

(3) Effect an exchange or reclassification, or create the right of exchange, of all or part of the shares of another class into shares of the class;

(4) Change the designation, rights, preferences, or limitations of all or part of the shares of the class;

(5) Change the shares of all or part of the class into a different number of shares of the same class;

(6) Create a new class of shares having rights or preferences with respect to distributions or to dissolution that are prior, superior, or substantially equal to the shares of the class;

(7) Increase the rights, preferences, or number of authorized shares of any class that, after giving effect to the amendment, have rights or preferences with respect to distributions or to dissolution that are prior, superior, or substantially equal to the shares of the class;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(8) Limit or deny an existing preemptive right of all or part of the shares of the class;

(9) Cancel or otherwise affect rights to distributions or dividends that have accumulated but not yet been declared on all or part of the shares of the class; or

(10) Cancel, redeem, or repurchase all or part of the shares of the class."

SECTION 9.

Said chapter is further amended in Code Section 14-2-1020, relating to amendment by board of directors or shareholders, by striking subsections (c) and (d) in their entirety and inserting in lieu thereof the following:

"(c) A bylaw establishing staggered terms for directors may only be adopted, amended, or repealed by the shareholders.

(d) A bylaw limiting the authority of the board of directors may only be adopted pursuant to an agreement meeting the requirements of Code Section 14-2-732.

(e) Bylaws adopted by the incorporators or board of directors prior to the issuance of any of the corporation's shares may be amended by the incorporators or the board of directors prior to the issuance of any of the corporation's shares."

SECTION 10.

Except as otherwise provided in Section 3 of this Act, this Act shall become effective July 1, 2000.

SECTION 11.

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

Approved May 1, 2000.

EDUCATION- VIOLENT ACTS AGAINST TEACHERS BY STUDENTS; MANDATORY SUSPENSIONS IN CERTAIN CASES.
Code Section 20-2-751.6 Enacted.
No. 911 (Senate Bill No. 401).
AN ACT
To amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to require local school systems receiving certain state education funds to suspend a student who commits any act of physical violence resulting

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in substantial physical injury to a teacher from all public school programs for the remainder of the school quarter or semester; to provide for a disciplinary hearing regarding the suspension; to provide that such a student shall not be eligible for enrollment in public education programs, except that a local board of education may enroll such a student in an alternative education program beginning with the following school quarter or semester; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, is amended by adding a new Code section, to be designated as Code Section 202-751.6, to read as follows:

"20-2-751.6.

(a) Local board of education policies and student codes of conduct shall provide for the suspension of a student who commits any act of physical violence resulting in substantial physical injury to a teacher from all public school programs, including alternative education programs, for the remainder of the school quarter or semester. The local board shall appoint a disciplinary hearing officer, panel, or tribunal of school officials to hold a disciplinary hearing pursuant to Code Section 20-2-754 regarding the suspension. Notwithstanding any provision of Code Section 20-2-751.2 to the contrary, a local school system shall not enroll any student who has been suspended by another local board of education pursuant to this subsection during the term of the suspension.

(b) Notwithstanding any provision of Code Section 20-2-150 to the contrary, a student who has been suspended pursuant to subsection (a) of this Code section shall not be eligible for enrollment in any educational program authorized under Part 3 of Article 6 of this chapter; provided, however, that a local board of education may enroll such a student in an alternative education program established pursuant to Code Section 20-2-769.

(c) The provisions of subsection (a) of this Code section shall apply with respect to any local school system which receives state funding pursuant to Code Sections 20-2-161 and 20-2-260.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(d) Nothing in this Code section shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990."

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 May 1, 2000.

COURTS - MAGISTRATE COURTS; ELECTRONIC FILINGS OF PLEADINGS AND OTHER DOCUMENTS.
Code Section 15-10-52 Enacted.
No. 912 (Senate Bill No. 403).
AN ACT
To amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings within the jurisdiction of the magistrate courts, so as to provide for the filing of actions, claims, answers, pleadings, postjudgment interrogatories, and other documents by electronic means; to provide for the electronic signature and verification of such pleadings and to provide for methods of service and docketing of such pleadings; to provide for the burden of proof if authenticity is challenged; to provide for the assessment and collection of fees in connection with such pleadings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings within the jurisdiction of the magistrate courts, is amended by adding a new Code Section 15-10-52 to read as follows:
"15-10-52.
(a) Any magistrate court may provide for the filing of civil, garnishment, distress warrant, dispossessory, foreclosure, abandoned motor vehicle, and all other noncriminal actions, claims, answers, counterclaims, pleadings, postjudgment interrogatories, and other documents by electronic means.

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(b) Any pleading or document filed electronically shall be in a format prescribed by the court.

(c) Any pleading or document filed electronically shall include the electronic signature of the person filing the pleading or document as defined in Code Section 10-12-3.

(d) Any pleading or document filed electronically which is required to be verified, verified under oath, or be accompanied by an affidavit may include such verification, oath, or affidavit by one of the following methods:

(1) As provided in subsection U) of Code Section 10-124;

(2) By oath or affirmation of the party filing the pleading at the time of the trial of the case;

(3) By supplemental verified pleading; or

(4) By electronic verification, oath, or affidavit in substantially the following form:

'By affixing this electronic verification, oath, or affidavit to the pleading(s) submitted to the court and attaching my electronic signature hereon, I do hereby swear or affirm that the statements set forth in the above pleading(s) are true and correct.

Date:_____ Electronic Signature:_____
(e) Service of any claim or complaint filed electronically shall be made as provided by law. Service of all subsequent pleadings and notices may be made electronically only on a party who has filed pleadings electronically; service on all other parties shall be made by such other means as are provided by law. Each pleading or document which is required to be served on other parties shall include a certificate of service indicating the method by which service on the other party has been made. An electronic certificate of service shall be made in substantially the following form:
'By affixing this electronic certificate of service to the pleading(s) or document(s) submitted to the court and attaching my electronic signature hereon, I do hereby swear or affirm that I have this date served the opposing party with a copy of this pleading by e-mail or placing a copy in regular mail with sufficient postage thereon to the following address: (set forth address of opposing party).

Date:_____ Electronic Signature:_______

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(f) Nothing in this Code section shall prevent a party from contesting an electronic pleading, document, or signature on the basis of forgery or fraud. Any pleading or document found by the court to have been fraudulently filed shall be stricken from the record.

(g) Where the authenticity or the integrity of an electronic pleading, document, or signature is challenged, the proponent of the electronic pleading, document, or signature shall have the burden of proving that the electronic pleading, document, or signature is authentic.

(h) Upon the receipt of any pleading or other document filed electronically, the clerk of magistrate court shall notify the filer of receipt of the pleading or document. Such notice shall include the date and time the court accepted the pleading or document as filed.

(i) Any pleading or document filed electronically shall be deemed filed as of the time the clerk of court gains electronic control of the document.
(j) When the filing of the pleading or document requires the payment of a fee, the clerk of magistrate court may establish procedures for the payment of such fees connected with such filing. The filing of any such pleading or document shall create an obligation by the party to pay such fee to the clerk of court instanter.

(k) The clerk of court may assess an additional transaction fee or fees for each electronic filing and electronic payment."

SECTION 2.

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

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

Approved May 1, 2000.

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PUBLIC UTILITIES AND PUBLIC TRANSPORTATION- MOTOR COMMON CARRIERS; CERTIFICATE OF INSURANCE; FILING BY
INSURER IN LIEU OF BOND.

Code Section 46-7-12 Amended. No. 913 (Senate Bill No. 408).

AN ACT

To amend Article 1 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor common carriers, so as to allow filing a certificate of insurance in lieu of a bond for the protection of the public and of passengers and baggage or for the owner or person entitled to recover for loss of or damage to freight; to provide for filing by the insurer and the effect of failure to file any form required by the commission; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 1 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor common carriers, is amended in Code Section 46-7-12, relating to the requirement as to obtaining a security bond, indemnity insurance, or self-insurance, by striking subsection (c) in its entirety, and inserting in its place the following:

"(c) The commission may, in its discretion, allow the filing of a certificate of insurance on forms prescribed by the commissioner, in lieu of such bond, evidencing a policy of indemnity insurance in some indemnity insurance company authorized to do business in this state, which policy must substantially conform to all of the provisions of this article relating to bonds. Such certificate shall be filed by the insurer. The failure to file any form required by the commission shall not diminish the rights of any person to pursue an action directly against a motor carrier's insurer."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

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PENAL INSTITUTIONS - PRIVATELY OWNED CORRECTIONAL FACILITIES; SALES TO; PROFESSIONAL COUNSELORS EMPLOYED BY

Code Sections 42-5-60 and 43-10A-7 Amended.

No. 914 (Senate Bill No. 417).

AN ACT
To amend Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to the sale of products produced by inmates, so as to provide that the Department of Corrections shall have the right to sell such goods or merchandise to private prisons that house inmates from the State of Georgia; to amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to exceptions from the licensing requirement for persons practicing professional counseling, social work, or marriage and family therapy, so as to provide an exception for persons who practice professional counseling as employees of privately owned correctional facilities; 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 42-5-60 of the Official Code of Georgia Annotated, relating to the sale of products produced by inmates, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:

"(b) No goods, wares, or merchandise which have been manufactured, produced, or mined, wholly or in part, by the inmates of any state or county correctional institution operated under the jurisdiction of the board shall be sold in this state to any private person, firm, association, or corporation, except that this prohibition shall not apply to:

(1) Sales to private colleges and universities;

(2) A sale to a private contractor of goods, wares, or merchandise for use in the completion of a publicly funded project; or

(3) Sales to privately owned correctional facilities that house inmates from the State of Georgia.
Nothing in this subsection shall be construed to forbid the sale of such goods or merchandise to other political subdivisions, public authorities, municipalities, or agencies of the state or local governments to be consumed by them or to agencies of the state to be in turn sold by the agency to the public in the performance of the agency's duties as required by law. This subsection does not prohibit the sale of unprocessed agricultural products produced on state property."

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SECTION 2.

Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to exceptions from the licensing requirement for persons practicing professional counseling, social work, or marriage and family therapy, is amended by striking subparagraph (b) (3) (C) and inserting in lieu thereof the following:

"(C) Persons who engage in the practice of professional counseling as employees of privately owned correctional facilities, the Department of Corrections, Department of Human Resources, any county board of health, or any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, but only when engaged in that practice as employees of such privately owned correctional facility, department, board, or entity and persons or entities which contract to provide professional counseling services with such department or board of health, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing professional counseling services pursuant to those contracts and shall only be exempt until January 1, 1996;"

SECTION 3.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.

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

Approved May 1, 2000.

PUBLIC OFFICERS AND EMPLOYEES - MEDICAL EXAMINERS; CORONERS; DUTIES IN SUSPICIOUS OR UNUSUAL DEATH CASES.
Code Section 45-16-25 Amended.
No. 915 (Senate Bill No. 424).
AN ACT
To amend Code Section 45-16-25 of the Official Code of Georgia Annotated, relating to duties of a coroner or county medical examiner upon receipt of notice of a suspicious or unusual death, so as to allow medical examiners to retain a deceased body long enough to allow adequate refrigeration before an

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autopsy is performed; to provide medical examiners with the necessary discretion regarding the disposition of bodily specimens; 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 45-16-25 of the Official Code of Georgia Annotated, relating to duties of a coroner or county medical examiner upon receipt of notice of suspicious or unusual death, is amended by striking paragraph (2) of subsection (a) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) It shall be the duty of a coroner notified as required by Code Section 45-16-24 to summon a medical examiner and proper peace officer. It shall be the duty of a county medical examiner so notified to summon a proper peace officer. When present at the scene of death, the peace officer shall have jurisdiction over the scene of death. The medical examiner or coroner and the peace officer shall together make inquiries regarding the cause, manner, and circumstances of death. If either the peace officer or medical examiner is not present at the scene of death, then whichever of the two officers is present shall have jurisdiction over the scene of death. If neither the peace officer nor the medical examiner is present at the scene of death in any county in which the office of coroner has not been replaced by a county medical examiner, the coroner shall assume the responsibility of such officers at the scene of death and shall have the body transported to a local medical examiner who shall conduct a medical examiner's inquiry. The medical examiner, at any time, to facilitate examination, when he or she deems it necessary, may have the body embalmed or retain it for refrigeration for preservation or to avoid the threat of infectious disease prior to release of the body to the next of kin. Such expense of embalming shall be paid by the county of the coroner's or medical examiner's jurisdiction."

SECTION 2.

Said Code section is further amended by striking subsection (c) and inserting in lieu thereof the following:
"(c) The coroner or county medical examiner shall, in the absence of the next of kin of the deceased person, take possession of all property of value found on such person, make an exact inventory thereof on his or her report, and surrender the same to the person entitled to its custody or possession. The coroner, medical examiner, or peace officer shall take possession of any objects, anatomical specimens, or articles which, in his or her opinion, may be helpful in establishing the cause of death, manner of death, or identification of the deceased; and in cooperation with the division he or she may make such tests and examinations of said objects, specimens, or ar-

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tides as may be necessary or useful in determining the cause of death, manner of death, or the identity of the deceased. At his or her discretion, the medical examiner or coroner may dispose of such objects, specimens, or articles when the medical examiner's or coroner's need for their retention has ended. In the event that a criminal prosecution arises, all such objects and articles together with reports of any examinations made upon them shall be retained in the custody of the director of the division until their production as evidence is required by the prosecuting officer or upon written order of the peace officer in charge or court having proper jurisdiction."

SECTION 3.

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

Approved May 1, 2000.

COURTS - GRAND JURORS; EXPENSE ALLOWANCES.
Code Section 15-12-7 Amended.
No. 916 (Senate Bill No. 426).
AN ACT
To amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to juries, so as to provide that an expense allowance for grand jurors shall be fixed by the grand jury; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to juries, is amended in Code Section 1512-7, relating to compensation of court bailiffs and expense allowances for jurors, by striking subsection (a) in its entirety and inserting in its place the following:
"(a) The first grand jury impaneled at the fall term of the superior courts of the several counties shall fix:
(1) The compensation of court bailiffs in the superior courts of such counties for the next succeeding year, such compensation not to be less than $5.00 nor to exceed $70.00 per diem. The same compensation shall be allowed to bailiffs of the several state courts and special courts as is allowed bailiffs in the superior court of the county in which the state or special court is located;

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(2) An expense allowance for jurors in the superior courts of such counties for the next succeeding year, such expense allowance not to be less than $5.00 nor to exceed $50.00 per diem. The same expense allowance shall be allowed to jurors of the several state courts and special courts as is allowed jurors in the superior court of the county in which the state or special court is located. The expense allowance of tales jurors shall be the same as that of a regularly drawn trial juror; and

(3) An expense allowance for grand jurors, such expense allowance not to be less than $5.00 nor to exceed $50.00 per diem."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

WATERS OF THE STATE, PORTS, AND WATERCRAFT - GEORGIA PORTS AUTHORITY; MEMBERSHIP.
Code Section 52-2-5 Amended.
No. 917 (Senate Bill No. 435).
AN ACT
To amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, relating to the Georgia Ports Authority, so as to change certain provisions relating to authority composition and appointment, terms and qualifications of members, filling of vacancies, election of officers, and quorum; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 52 of the Official Code of Georgia Annotated, relating to the Georgia Ports Authority, is amended by striking Code Section 52-2-5, relating to authority composition and appointment, terms and qualifications of members, filling of vacancies, election of officers, and quorum, and inserting in lieu thereof the following:
"52-2-5.
(a) The authority shall consist of 12 members to be appointed by the Governor from the state at large.
(b) The nine members of the authority in office immediately prior to the effective date of this Act shall serve out the remainder of the terms for which they were appointed, all of such terms expiring on June 30 of the

T

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I

year of expiration. In addition to said nine members, the Governor shall appoint three members for terms to expire June 30, 2004. The director of

the Office and Planning and Budget or his or her designee as approved by

the Governor shall serve as an ex officio member of the authority.

(c) Successors to the members referred to in subsection (b) of this Code section and future successors shall each be appointed for a term of four years, which term shall begin on the day following the expiration of the term of office of the member such person is appointed to succeed. Any member of the authority shall be eligible for reappointment. Any person appointed to fill a vacancy shall serve only for the remainder of the unexpired term.

(d) The authority shall elect one of its members as chairperson and another member as vice chairperson and shall also elect a secretary-treasurer who shall not necessarily be a member of the authority.

(e) Seven members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority."

SECTION 2.

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

SECTION 3.

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

Approved May 1, 2000.

GENERAL PROVISIONS - STATUTORY OVERNIGHT DELIVERY; AUTHORIZED USE IN LIEU OF CERTIFIED MAIL OR REGISTERED MAIL.
Official Code of Georgia Annotated Amended.
No. 918 (Senate Bill No. 436).
AN ACT
To amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions of terms in the Official Code of Georgia Annotated, so as to define the term "statutory overnight delivery"; to amend Code Section 9-10-12 of the Official Code of Georgia Annotated, relating to delivery of notices by certified or registered mail, so as to provide for delivery of notices by overnight delivery through the postal service or a commercial delivery service; to define and authorize delivery by "statutory overnight delivery"; to provide what

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GENERAL ACTS AND RESOLUTIONS, VOL. I

shall constitute sufficient compliance with a requirement for such delivery; to provide for references in laws, statutes, Code sections, ordinances, rules, and regulations; to amend numerous provisions of the Official Code of Georgia Annotated so as to authorize delivery in such manner of notices previously required to be delivered by registered or certified mail; 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.

Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions of terms in the Official Code of Georgia Annotated, is amended by adding between paragraphs (19) and (20) a new paragraph (19.5) to read as follows:

"(19.5) 'Statutory overnight delivery' shall have the meaning provided for in subsection (b) of Code Section 9-10-12."

SECTION 2.

Code Section 9-10-12 of the Official Code of Georgia Annotated, relating to delivery of notices by certified or registered mail, is amended by striking the Code Section in its entirety and inserting in its place the following:
"9-10-12.

(a) Whenever any law, statute, Code section, ordinance, rule, or regulation of this state or any officer, department, agency, municipality, or governmental subdivision thereof provides that a notice shall be given by 'registered mail,' the notice may be given by 'certified mail.'
(b) Whenever any law, statute, Code section, ordinance, rule, or regulation of this state or any officer, department, agency, municipality, or governmental subdivision thereof provides that a notice may be given by 'statutory overnight delivery,' it shall be sufficient compliance if:

(1) Such notice is delivered through the United States Postal Service or through a commercial firm which is regularly engaged in the business of document delivery or document and package delivery;
(2) The terms of the sender's engagement of the services of the United States Postal Service or commercial firm call for the document to be delivered not later than the next business day following the day on which it is received for delivery by the United States Postal Service or the commercial firm; and

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(3) The sender receives from the United States Postal Service or the commercial firm a receipt acknowledging receipt of the document which receipt is signed by the addressee or an agent of the addressee."

SECTION 3.

The following Code sections and parts of Code sections are amended by striking the words "certified mail" and inserting in their place the words "certified mail or statutory overnight delivery":

(1) Code Section 2-7-16, relating to notices of infestation of plant pests;

(2) Subsection (c) of Code Section 2-7-68, relating to notice of proposed release of trade secrets relating to pesticides;

(3) Code Section 2-9-8, relating to notices to licensed dealers in agricultural products;

(4) Code Section 2-9-37, relating to notices to grain dealers;

(5) Paragraphs (2), (3), and (4) of Code Section 2-10-60, relating to licensure proceedings involving farmers' markets;

(6) Subsections (a), (c), and (e) of Code Section 2-11-73, relating to filing of complaints with the Seed Arbitration Council;

(7) Code Section 2-12-16, relating to licensure sanctions relating to dealing in fertilizers, liming materials, and soil amendments;

(8) Code Section 2-12-107, relating to licensure sanctions relating to dealing in horticultural growing media;

(9) Paragraph (1) of Code Section 3-2-3, relating to powers of the state revenue commissioner with respect to alcoholic beverage regulation;

(10) Subsection (b) of Code Section 3-3-32, relating to unlawful shipment of alcoholic beverages into the state;

(11) Subsection (b) of Code Section 4-2-1, relating to registration of livestock marks, brands, and tattoos;

(12) Subsection (b) of Code Section 4-8-23, relating to notice of classification of dangerous dogs;

(13) Subsections (c), (d), and (e) of Code Section 4-8-24, relating to procedures for classification of dangerous dogs;

(14) Subsections (b), (c), and (d) of Code Section 4-10-9, relating to enforcement of laws relating to bird dealers;

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(15) Code Section 4-11-6, relating to licensure of nonresident pet dealers and animal facility operators;

(16) Subsection (c) of Code Section 5-648, relating to defects in and dismissals of appeals to the appellate courts;

(17) Subsection (d) of Code Section 7-1-198, relating to accounting in financial institution receivership proceedings;

(18) Subsection (b) of Code Section 7-1-494, relating to liability of directors of banks and trust companies;

(19) Subsections (a), (b), and (c) of Code Section 7-1-686, relating torequired notices involving persons selling or issuing checks;
(20) Subsection (b) of Code Section 7-1-689, relating to licensure sanctions involving persons selling or issuing checks;

(21) Subsection (b) of Code Section 7-1-707, relating to licensure sanctions affecting check cashers;

(22) Code Section 7-1-720, relating to dissolution of international banking corporations;

(23) Subsections (a), (b), and (c) of Code Section 7-1-1007, relating torequired notices by mortgage lenders and mortgage brokers;

(24) Paragraph (1) of subsection (d) of Code Section 7-1-1009, relating to records and examination of mortgage lenders and mortgage brokers;

(25) Subsection (b) of Code Section 7-1-1017, relating to licensure sanctions affecting mortgage lenders and mortgage brokers;

(26) Subsection (a) of Code Section 7-3-9, relating to investigation of industrial loan applications;

(27) Paragraphs (2) and (3) of subsection (e) of Code Section 8-3-213, relating to state enforcement of fair housing provisions;

(28) Paragraph (1) of subsection (c) of Code Section 9-9-4, relating to applications for arbitration under the "Georgia Arbitration Code";

(29) Subsection (a) of Code Section 9-9-8, relating to hearings under the "Georgia Arbitration Code";

(30) Subsection (a) of Code Section 9-9-10, relating to awards under the "Georgia Arbitration Code";

(31) Paragraph (1) of subsection (d) of Code Section 9-11-4, relating to process in civil actions;

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(32) Subsection (a) of Code Section 9-13-13, relating to notice of levy on land;
(33) Subsection (b) of Code Section 10-1-6, relating to buyers' rights to rescind certain home solicitation sales;

(34) Code Section 10-1-10, relating to disposition of goods repossessed under retail installment and home solicitation sales;

(35) Code Section 10-1-36, relating to disposition of repossessed motor vehicles;

(36) Code Section 10-1-51, relating to disposition of certain unsolicited merchandise from sales organizations;

(37) Paragraph (17) of subsection (b) and division (b)(20)(C)(iv) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions;
(38) Subsections (e), (f), and (m) of Code Section 10-1-393.2, relating to requirements for health spa transactions;

(39) Subsection (c) of Code Section 10-1-416, relating to agent for service of process for multilevel distribution companies and business opportunity sellers;

(40) Subsections (b) and (c) of Code Section 10-1-598, relating to buying service membership contracts;
(41) Paragraph (2) of subsection (e) of Code Section 10-1-651, relating to termination, nonrenewal, and cancellation of motor vehicle franchises;

(42) Paragraph (10) of subsection (a) of Code Section 10-1-662, relating to unlawful practices with respect to motor vehicle franchises;

(43) Subsection (a) of Code Section 10-1-664, relating to establishment of competing motor vehicle dealerships;

(44) Paragraph (1) of subsection (a) of Code Section 10-1-784, relating to failure to repair vehicles under the "Motor Vehicle Warranty Rights Act";

(45) Subsection (b) of Code Section 10-1-785, relating to resale of nonconforming vehicles under the "Motor Vehicle Warranty Rights Act";

(46) Subsections (c), (f), and (g) of Code Section 10-1-787, relating to arbitration procedure under the "Motor Vehicle Warranty Rights Act";

(47) Code Section 10-4-213, relating to enforcement of liens of self-service storage facilities;

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(48) Paragraph (1) of subsection (b) of Code Section 10-5-11, relating to investigations under the "Georgia Securities Act of 1973";
(49) Subsections (b), (d), and (f) of Code Section 10-5-16, relating to hearings under the "Georgia Securities Act of 1973";
(50) Code Section 10-5-18, relating to substituted service under the "Georgia Securities Act of 1973";

(51) Paragraph (1) of subsection (b) of Code Section 10-5A-20, relating to investigations involving commodities, commodity contracts, and options;
(52) Subsection (3) of Code Section 11-6-107, relating to notices to creditors of bulk transfers;

(53) Paragraph (b) of subsection (3) of Code Section 11-6-108, relating to auctions as bulk sales;

(54) Paragraphs (1) and (2) of subsection (I) of Code Section 12-5-31, relating to permits for surface water use;

(55) Subsection (g) of Code Section 12-5-375, relating to inventory, classification, and permitting of dams;

(56) Subsection (a) of Code Section 12-5-376, relating to permits to construct and operate dams;

(57) Subsections (a) and (c) of Code Section 13-6-15, relating to damages for writing bad checks;

(58) Paragraph (2) of subsection (c) of Code Section 13-8-15, relating to unfair acts involving tractor and farm equipment transactions;
(59) Paragraph (2) of subsection (c) of Code Section 13-8-35, relating to unfair acts involving tractor and farm equipment transactions;
(60) Paragraph (3) of subsection (e) of Code Section 14-2-141, relating to notices under the "Georgia Business Corporation Code";

(61) Subsection (b) of Code Section 14-2-504, relating to service of documents on corporations;

(62) Subsection (c) of Code Section 14-2-1330, relating to court actions for judicial appraisal of corporate shares;

(63) Subsection (b) of Code Section 14-2-1510, relating to service of documents on foreign corporations;

(64) Paragraph (3) of subsection (e) of Code Section 14-3-141, relating to notices under the "Georgia Nonprofit Corporation Code";

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(65) Subsection (b) of Code Section 14-3-504, relating to service of documents on nonprofit corporations;
(66) Paragraph (3) of Code Section 14-3-621, relating to involuntary removal of members of nonprofit corporations;

(67) Subsection (b) of Code Section 14-3-1510, relating to service of process on foreign nonprofit corporations;
(68) Subsection (f) of Code Section 14-11-209, relating to registered offices and agents of limited liability companies;
(69) Subparagraph (4) (C) of Code Section 14-11-311, relating to notices involving limited liability companies;
(70) Subsection (h) of Code Section 14-11-703, relating to registered offices and agents of foreign limited liability companies;

(71) Subsection (c) of Code Section 14-11-1011, relating to court actions for dissenters' rights in limited liability companies;

(72) Subsection (a) of Code Section 14-11-1108, relating to service of documents on limited liability companies;

(73) Paragraph (1) of Code Section 15-9-17, relating to service of probate court actions on minors and incapacitated adults;

(74) Code Section 15-9-86, relating to applications to probate courts;

(75) Subsection (b) of Code Section 15-10-50, relating to interrogatories to judgment debtors in magistrate court;

(76) Subsection (a) of Code Section 15-11-39.1, relating to service of summons in juvenile court proceedings;

(77) Paragraph (1) of subsection (f) of Code Section 15-11-96, relating to summons and rights of biological fathers in proceedings for termination of parental rights;

(78) Subsection (i) of Code Section 15-14-33, relating to disciplinary actions involving court reporters;

(79) Subparagraphs (h) (2) (A) and (h) (2) (B) and paragraph (3) of subsection (I) of Code Section 16-6-13.2, relating to forfeiture of motor vehicles for pandering;

(80) Subsection (h) of Code Section 16-9-33, relating to financial transaction card fraud;

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(81) Subparagraphs (i) (2) (A) and (i) (2) (B) and paragraph (3) of subsec- tion (n) of Code Section 16-13-49, relating forfeitures in controlled substances cases;

(82) Paragraph (4) of subsection (a) of Code Section 17-6-54, relating to rights in compensation paid to professional bondsmen;

(83) Subsection (a) of Code Section 17-6-71, relating to execution hearings in bond forfeiture proceedings;

(84) Paragraph (1) of subsection (e) of Code Section 17-7-130, relating to proceedings upon plea of mental incompetency to stand trial;
(85) Paragraph (2) of subsection (a) of Code Section 18-3-14, relating to service in attachment cases;

(86) Paragraph (2) of subsection (a) of Code Section 18-4-64, relating to service in garnishment cases;

(87) Code Section 18-4-91, relating to relief from default judgments in garnishment cases;

(88) Subsection (b) of Code Section 19-6-33, relating to proceedings on income deduction orders;

(89) Subsection (h) of Code Section 19-6-33.1, relating to the family support registry;

(90) Subsection (j) of Code Section 19-8-5, relating to surrender of parental rights in third-party adoption cases;

(91) Subsection (c) of Code Section 19-8-10, relating to when surrender of parental rights is not required;

(92) Subsection (b) of Code Section 19-8-11, relating to petitions for termination of parental rights;

(93) Paragraph (1) of subsection (c) of Code Section 19-8-12, relating to notices to biological fathers in adoption cases;

(94) Subsection (a) of Code Section 19-8-23, relating to adoption records;
(95) Subsection (g) of Code Section 19-11-9.3, relating to suspension of professional and occupational licenses for failure to comply with child support orders;

(96) Paragraph (1) of subsection (g) of Code Section 19-11-19, relating to garnishment and orders to withhold and deliver for child support collection;

(97) Subsection (b) of Code Section 19-11-27, relating to maintenance of accident and sickness insurance by child support obligors;

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(98) Code Section 19-11-30.5, relating to failure of financial institutions to submit reports required for child support collection purposes;

(99) Subsection (b) of Code Section 19-11-35, relating to administrative levies against child support obligors;

(100) Subsection (d) of Code Section 19-12-1, relating to name change petitions;

(101) Code Section 20-2-765, relating to corrective plans for students who are chronic disciplinary problems;

(102) Code Section 20-2-766, relating to return of students from suspension or expulsion;

(103) Subsection (c) of Code Section 20-2-940, relating to terminating or suspending contracts of school personnel;

(104) Paragraph (2) of subsection (b) of Code Section 20-2-942, relating to nonrenewal of teachers' contracts;

(105) Paragraph (8) of Code Section 20-2-989.8, relating to establishment of complaints policies for educational personnel;

(106) Subsection (b) of Code Section 20-3-250.14, relating to complaints against nonpublic postsecondary educational institutions;

(107) Paragraph (7) of subsection (g) of Code Section 20-3-250.27, relating to the Tuition Guaranty Trust Fund for nonpublic postsecondary educational institutions;

(108) Code Section 21-2-33, relating to hearings before the State Election Board;

(109) Subsection (b) of Code Section 21-2-171, relating to examination of nomination petitions;

(110) Paragraph (3) of subsection (d) of Code Section 22-2-107, relating to service and awards in condemnation proceedings before special masters;

(111) Code Section 24-10-23, relating to service of subpoenas;

(112) Subsection (d) of Code Section 25-11-16, relating to cease and desist orders against persons violating laws relating to fire protection sprinklers;

(113) Code Section 26-2-354, relating to suspension and revocation of licenses to manufacture, bottle, and distribute soft drinks;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

'

(114) Subsection (b) of Code Section 26-4-61, relating to suspension of pharmacy licenses;

(115) Subsection (a) of Code Section 27-1-37, relating to administrative orders under game and fish laws;

( 116) Subsection (a) of Code Section 27-2-25, relating to revocation, suspension, denial, and nonrenewal of game and fish licenses;

(117) Subsection (c) of Code Section 27-2-25.1, relating to suspension of hunting privileges for negligent hunting;

(118) Subsection (b) of Code Section 29-2-7, relating to guardians' petitions to sell or dispose of property;

(119) Code Section 29-6-5, relating to notice required for appointment of a guardian for a minor;

(120) Subsection (a) of Code Section 29-6-11, relating to authorized expenditures from veteran wards' estates;

(121) Code Section 29-6-13, relating to failure to account for veteran wards' estates;

(122) Subsection (a) of Code Section 29-6-14, relating to notice to the federal government concerning veterans' guardianship proceedings;

(123) Subsection (c) of Code Section 29-6-15, relating to compensation of guardians for veterans;

(124) Subsection (b) of Code Section 29-6-16, relating to discharge of guardians for veterans;

(125) Paragraph (2) of subsection (f) of Code Section 30-3-7, relating to administration and enforcement of laws for access to public facilities by persons with disabilities;

(126) Subsection (b) of Code Section 31-5-2, relating to hearings involving health matters;

(127) Paragraph (2) of subsection (a) of Code Section 31-5-3, relating to appeals involving health matters;

(128) Subsection (b) of Code Section 31-5-10, relating to conditions injurious to health in certain counties;

(129) Subsection (c) of Code Section 31-7-12.1, relating to operation of unlicensed personal care homes;

(130) Subsection (f) of Code Section 31-7-280, relating to annual reports of health care providers;

GEORGIA lAWS 2000 SESSION

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(131) Subparagraph (b)(2)(C) of Code Section 31-13-13, relating to penalties for violation of radiation control laws and regulations;
(132) Code Section 31-14-6, relating to reports in proceedings for hospitalization for tuberculosis;
(133) Subsection (b) of Code Section 31-14-9, relating to discharge from hospitalization for tuberculosis;
(134) Subsection (b) of Code Section 32-6-81, relating to revocation or withholding of sign permits;
(135) Subsections (a) and (c) of Code Section 32-6-96, relating to entry on private lands for removal of illegal signs;
(136) Subsection (a) of Code Section 32-6-134, relating to procedures with respect to unpermitted commercial driveways;

(137) Code Section 32-6-246, relating to abatement of unlawful junkyards as nuisances;
(138) Subsections (b) and (c) of Code Section 33-2-24, relating to enforcement of insurance laws and regulations;

(139) Paragraph (1) of subsection (a) of Code Section 33-3-28, relating to claimants' requests to insurers for information;
(140) Subsection (a) of Code Section 33-4-4, relating to service of process on alien and foreign insurers;
(141) Subsection (d) of Code Section 33-5-34, relating to actions against unauthorized insurers issuing surplus line policies;
(142) Subsection (b) of Code Section 33-5-53, relating to service of process on unauthorized insurers;
(143) Code Section 33-5-54, relating to service of process on agents of unauthorized insurers;
(144) Subsection (c) of Code Section 33-7-15, relating to cooperation of insureds with insurers with respect to actions;

(145) Code Section 33-12-7, relating to procedure upon occurrence of deficiencies in deposits of insurers;
(146) Subsection (j) of Code Section 33-13-3, relating to acquisition of control of or merger with a domestic insurer;

(147) Subsection (b) of Code Section 33-15-120, relating to the Insurance Commissioner as agent for service of process for fraternal benefit societies;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(148) Paragraph (14) of Code Section 33-23-21, relating to refusal, suspension, and revocation of licenses of insurance agents, agencies, subagents, counselors, and adjusters;
(149) Subsection (b) of Code Section 33-23-31, relating to situs of insurance risks and service on nonresident agents;

(150) Subsection (d) of Code Section 33-23-101, relating to licensing of insurance plan administrators;
(151) Subsection (f) of Code Section 33-24-47, relating to required notices relating to insurance coverage and rates;
(152) Subsections (g) and (h) of Code Section 33-24-56.1, relating to reimbursement of medical expense or disability benefit providers in personal injury cases;
(153) Subsection (b) of Code Section 33-37-55, relating to rights of resident claimants in proceedings for liquidation of nondomiciliary insurers;

(154) Subsection (b) of Code Section 33-52-4, relating to rejection by policyholders of assumption reinsurance agreements;

(155) Code Section 33-56-13, relating to notices by the Insurance Commissioner relating to risk-based capital levels;
(156) Subsection (a) of Code Section 33-57-5, relating to service of rate filings on the consumers' insurance advocate;

(157) Code Section 34-5-6, relating to arbitration of employment sex discrimination cases;
(158) Code Section 34-9-81, relating to notices of accidents for purposes of workers' compensation;

(159) Subsection (d) of Code Section 34-9-100, relating to filing of claims with the State Board of Workers' Compensation;
(160) Paragraph (3) of subsection U) of Code Section 34-9-102, relating to workers' compensation hearings before administrative law judges;

(161) Subsection (c) of Code Section 35-3-37, relating to maintenance and inspection of records of the Georgia Crime Information Center;
(162) Code Section 36-36-9, relating to notices to local governments relating to annexation;

(163) Subsection (b) of Code Section 36-82-4.2, relating to expenditure of local government bond proceeds for purposes other than those originally stated;

GEORGIA LAWS 2000 SESSION

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(164) Subsection (c) of Code Section 36-82-104, relating to actions on breached bonds and security deposits of public contractors;
(165) Code Section 37-3-24, relating to transfer of involuntary mental patients to voluntary status;
(166) Subsection (c) of Code Section 37-343, relating to admission and discharge of involuntary mental patients;
(167) Subsection (d) of Code Section 37-3-64, relating to detention and discharge of involuntary mental patients in and from evaluation facilities;
(168) Code Section 37-3-65, relating to transfer of involuntary mental patients from evaluation facilities;
(169) Subsection (d) of Code Section 37-3-85, relating to review and termination of treatment plans for involuntary mental patients;
(170) Subsection (c) of Code Section 37-3-94, relating to review and termination of outpatient treatment plans for involuntary mental patients;
(171) Code Section 37-3-95, relating to discharge of mental patients under criminal charges;

(172) Subsection (a) of Code Section 37-3-148, relating to judicial protection of rights of mental patients;
(173) Subsection (a) of Code Section 374-108, relating to judicial protection of rights of mentally retarded patients;
(174) Code Section 37-7-24, relating to transfer of involuntary alcohol and drug patients to voluntary status;
(175) Subsection (c) of Code Section 37-743, relating to admission and discharge of involuntary alcohol and drug patients;
(176) Subsection (d) of Code Section 37-7-64, relating to detention and discharge of involuntary alcohol and drug patients in and from evaluation facilities;
(177) Code Section 37-7-65, relating to transfer of involuntary alcohol and drug patients from evaluation facilities;
(178) Subsection (d) of Code Section 37-7-85, relating to review and termination of treatment plans for involuntary alcohol and drug patients;
(179) Subsection (c) of Code Section 37-7-94, relating to review and termination of outpatient treatment plans for involuntary alcohol and drug patients;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(180) Code Section 37-7-95, relating to discharge of alcohol and drug patients under criminal charges;
(181) Subsection (a) of Code Section 37-7-148, relating to judicial protection of rights of alcohol and drug patients;

(182) Paragraph (1) of subsection (a) of Code Section 40-2-20, relating to motor vehicle registration and license requirements;
(183) Subsections (a) and (b) of Code Section 40-3-27, relating to procedure for reflecting subsequent transactions on title certificates;

(184) Subsections (a), (b), and (c) of Code Section 40-3-52, relating to perfection of second or subsequent security interests in motor vehicles;

(185) Subsections (a) and (c) of Code Section 40-3-53, relating to perfection and enforcement of liens on motor vehicles;

(186) Paragraph (2) of subsection (a.1) of Code Section 40-5-22, relating to requirements for persons to receive a driver's license;

(187) Subsection (a) of Code Section 40-5-57.1, relating to revocation of drivers' licenses of persons under age 21 for certain offenses;

(188) Subsection (b) of Code Section 40-5-58, relating to habitual violators of motor vehicle laws;

(189) Paragraph (1) of subsection (g) of Code Section 40-5-67.1, relating to chemical testing of drivers for alcohol or drugs;

(190) Subsection (c) of Code Section 40-6-391.2, relating to forfeiture of motor vehicles operated by habitual violators;

(191) Subsection (c) of Code Section 40-9-103, relating to sending notice of summonses and other process to motor vehicle insurers;

(192) Subparagraph (4) (B) of Code Section 40-11-5, relating to foreclosure of liens on abandoned motor vehicles;

(193) Subsection (a) of Code Section 40-11-9, relating to derelict motor vehicles;

(194) Code Section 40-12-2, relating to service in actions against nonresident motorists;

(195) Subsection (e) of Code Section 40-13-32, relating to restrictions on ability of courts to change or modify traffic law sentences or judgments;
(196) Subsection (c) of Code Section 41-2-12, relating to service of documents in actions for abatement of nuisances;

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(197) Subsection (b) of Code Section 42-6-3, relating to disposition of matters involving criminal detainers;

(198) Subsection (b) of Code Section 42-6-20, relating to and containing the interstate agreement on detainers;

(199) Paragraph (1) of subsection (a) of Code Section 43-1-15, relating to security of and actions against itinerant entertainers;

(200) Subsection (k) of Code Section 43-1-19, relating to refusal and revocation of licenses by state examining boards;

(201) Subsections (c) and (f) of Code Section 43-5-11, relating to hearings involving licensure of athletic trainers;

(202) Subsection (c) of Code Section 43-6-12, relating to reciprocal licensure and nonresident licensure of auctioneers;

(203) Subsection (b) of Code Section 43-6-21, relating to notices by auctioneers concerning change of address or termination of employment of apprentice;

(204) Paragraph (I) of subsection (d) of Code Section 43-6-22.1, relating to the auctioneers education, research, and recovery fund;

(205) Subsection (k) of Code Section 43-10A-17, relating to enforcement of laws relating to professional counselors, social workers, and therapists;

(206) Subsection (k) of Code Section 43-11-47, relating to licensure sanctions relating to the practice of dentistry;

(207) Code Section 43-12-6, relating to cancellation or suspension of certificates of exemption from occupational taxes and fees granted to disabled veterans and blind persons;

(208) Paragraph (1) of subsection (b) of Code Section 43-17-11, relating to enforcement of the "Georgia Charitable Solicitations Act of 1988";

(209) Subsections (b) and (d) and paragraph (3) of subsection (f) of Code Section 43-17-16, relating to hearings under the "Georgia Charitable Solicitations Act of 1988";

(210) Code Section 43-17-18, relating to service of process under the "Georgia Charitable Solicitations Act of 1988";

(211) Subsection (b) of Code Section 43-20-5, relating to meetings of the State Board of Hearing Aid Dealers and Dispensers;

(212) Subsection (b) of Code Section 43-20-12, relating to notices involving licensure of hearing aid dealers and dispensers;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(213) Code Section 43-21-6, relating to enforcement of innkeepers' liens;
(214) Subsection (i) of Code Section 43-35-16, relating to licensure sanctions involving podiatrists;
(215) Subsection (c) of Code Section 43-37-3, relating to records required to be kept by dealers in precious metals and gems;
(216) Paragraph (1) of subsection (d) of Code Section 43-38-6, relating to qualifications and licenses of private detective and private security businesses;
(217) Paragraph (4) of subsection (c) of Code Section 43-39A-9, relating to requirements for nonresident real estate appraisers;
(218) Subsection (b) of Code Section 43-39A-21, relating to licensure sanctions against real estate appraisers;
(219) Paragraphs (6) and (7) of subsection (d) of Code Section 43-40-9, relating to nonresident real estate brokers and salespersons;
(220) Paragraph (1) of subsection (d) of Code Section 43-40-22, relating to the real estate education, research, and recovery fund;
(221) Subsection (b) of Code Section 43-40-26, relating to hearings before the Georgia Real Estate Commission;
(222) Subsection (b) of Code Section 43-45-24.1, relating to disciplinary proceedings involving persons engaged in structural pest control;
(223) Subsection (e) of Code Section 43-46-5, relating to agents for service of process on transient merchants;
(224) Subsection (k) of Code Section 43-50-27, relating to disciplinary proceedings involving veterinarians;

(225) Paragraph (4) of subsection (a) of Code Section 44-2-67, relating to service and notice in title registration proceedings;
(226) Subsection (d) of Code Section 44-2-72, relating to posting and seizure of land in certain title registration proceedings;
(227) Subparagraph (a) (1) (M) and paragraph (2) of subsection (g) of Code Section 44-3-3, relating to documentation required under the "Georgia Land Sales Act";
(228) Subsection (c) of Code Section 44-3-109, relating to liens for assessments against condominiums;
(229) Subsection (b) of Code Section 44-3-140, relating to investigations by the Secretary of State under the "Georgia Cemetery Act of 1983";

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(230) Subsections (b) and (d) of Code Section 44-3-147, relating to administrative appeals of orders of tli.e Secretary of State relating to cemeteries;

(231) Code Section 44-3-148, relating- to consent to service of process under the "Georgia Cemetery Act of 1983";

(232) Subparagraph (a) ( 1) (P) of Code' Section 44-3-172, relating to public offering statements under the "Georgia Time-Share Act";

(233) Subsection (e) of Code Section 44-3-174, relating to execution and cancellation of sales agreements under the "Georgia Time-Share Act";

(234) Paragraph (4) of Code Section 44-3-181, relating to transfer of a developer's entire interest in a time-share program;

(235) Subsection (e) of Code Section 44-3-226, relating to amendment of instruments of property owners' associations;

(236) Subsection (c) of Code Section 44-3-232, relating to liens of property owners' associations;

(237) Paragraph (1) of subsection (e) and paragraph (1) of subsection (i) of Code Section 44-5-211, relating to forfeiture of abandoned cemetery lots;

(238) Subsection (b) of Code Section 44-7-32, relating to surety bonds posted by landlords in lieu of escrow accounts;

(239) Paragraph (3) of Code Section 44-9-41, relating to petitions for establishment of private ways;

(240) Subparagraph (a) (7) (C) of Code Section 44-12-131, relating to regulation of pawn transactions;

(241) Subsection (b) of Code Section 44-12-264, relating to inventory, identification, and repatriation of American Indian human remains and burial objects held by museums;

(242) Subsection (c.1) of Code Section 44-14-3, relating to cancellation of satisfied security instruments;

(243) Subsection (a) of Code Section 44-14-162.2, relating to notice of exercise of power of sale in a mortgage, security deed, or other lien contract;

(244) Paragraph (2) of subsection (a) of Code Section 44-14-361.1, relating to creation and enforcement of liens of mechanics and materialmen;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(245) Subsection (b) of Code Section 44-14-361.3, relating to preliminary notice of liens of mechanics and materialmen;

(246) Paragraphs (3) and (4) of subsection (a) of Code Section 44-14361.4, relating to cancellation and expiration of preliminary notices of liens of mechanics and materialmen;

(247) Subsection (a) of Code Section 44-14-363, relating to mechanics' liens on personal property;

(248) Subsection (a) of Code Section 44-14-367, relating to process to void unperfected liens of mechanics and materialmen;

(249) Code Section 44-14-410, relating to liens of involuntary, gratuitous, or naked depositories;

(250) Subsection (b) of Code Section 44-14-411.1, relating to repossessors of motor vehicles as involuntary, gratuitous, or naked depositories of personal property in such motor vehicles;

(251) Code Section 44-14-464, relating to sales under liens of persons engaged in repairing equipment;

(252) Paragraphs (1) and (2) of subsection (a) and subsection (c) of Code Section 44-14-491, relating to disposal of animals by veterinarians and boarders of animals;

(253) Subsection (i) of Code Section 44-14-602, relating to liens on commercial real estate for brokers' compensation;

(254) Subsections (b) and (c) of Code Section 45-19-37, relating to special masters for hearing of matters under the "Fair Employment Practices Act of 1978";

(255) Subsection (b) of Code Section 46-3-242, relating to service of process on electric membership corporations;

(256) Paragraph (2) of Code Section 46-3-300, relating to dissents by directors of electric membership corporations;

(257) Subsection (b) of Code Section 46-3-459, relating to service of process on foreign electric cooperatives;

(258) Code Section 46-5-99, relating to foreign nonprofit telephone cooperatives and corporations;

(259) Subsection (a) of Code Section 46-7-17, relating to service of process on nonresident motor carriers;

(260) Subsection (a) of Code Section 48-3-9, relating to notice of tax levies to security interest holders;

GEORGIA LAWS 2000 SESSION

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(261) Subsections (c) and (f) of Code Section 48-3-14, relating to petitions to reduce tax executions to judgment;

(262) Code Section 48-3-16, relating to failure of the respondent to appear in a proceeding to reduce a tax execution to judgment;

(263) Paragraphs (1) and (2) of subsection (b) of Code Section 48-3-19, relating to transfer of tax executions;

(264) Subsection (a) of Code Section 48-4-1, relating to procedures for sales under tax levies and executions;

(265) Paragraph (2) of subsection (a) of Code Section 48-4-45, relating to foreclosure of the right to redeem property sold for taxes;

(266) Paragraphs (3) and (4) of Code Section 48-4-65, relating to foreclosure of the right to redeem property transferred to a land bank authority;

(267) Subsections (d) and (g) of Code Section 48-4-78, relating to petitions for ad valorem tax foreclosures;

(268) Paragraph (1) of subsection (c) of Code Section 48-5-74, relating to applications for homestead tax deferrals for the elderly;

(269) Paragraph (3) of subsection (a) of Code Section 48-5-146, relating to acceptance of checks and money orders by tax collectors and tax commissioners;

(270) Division (e) (6) (D) (i) of Code Section 48-5-311, relating to county boards of equalization;

(271) Subsection (c) of Code Section 48-7-108, relating to employers' liability for current income tax payments;

(272) Subsection (a) of Code Section 48-7-109.1, relating to procedures for accounting by employers for income withholding taxes;

(273) Code Section 48-8-47, relating to notice by the state revenue commissioner to persons holding credits of or owing debts to delinquent sales tax dealers;

(274) Code Section 48-8-62, relating to revocation or suspension of sales tax dealers certificates of registration;

(275) Subsection (c) of Code Section 48-8-65, relating to nonresident sales tax dealers;

(276) Subsection (b) of Code Section 48-9-12, relating to powers of the state revenue commissioner with respect to administration of the motor fuel tax;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(277) Subsection (b) of Code Section 48-11-14, relating to administration and enforcement of cigar and cigarette taxes;

(278) Subsection (b) of Code Section 48-17-5, relating to notices and hearings relating to regulation of coin operated amusement devices;

(279) Paragraph (4) of subsection (b) of Code Section 48-17-6, relating to delivery of orders relating to regulation of coin operated amusement devices;

(280) Code Section 49-1-5, relating to suspension and removal of members of county and district boards of family and children services;

(281) Subparagraphs (i) (2) (A) and (i) (2) (B) and paragraph (3) of subsection (n) of Code Section 49-4-146.3, relating to forfeiture of property and proceeds obtained through Medicaid fraud;

(282) Subsection (a) of Code Section 49-4-151, relating to obtaining information for Medicaid investigations and audits;

(283) Paragraph (2) of subsection (b) of Code Section 49-5-12.1, relating to penalties for violation of child welfare agency laws and regulations;

(284) Subsection (c) of Code Section 50-13-18, relating to licensing proceedings under the "Georgia Administrative Procedure Act";

(285) Paragraphs (2) and (4) of subsection (a) of Code Section 50-21-26, relating to notice of claims against the state under "The Georgia Tort Claims Act";

(286) Code Section 50-21-35, relating to service of process under ''The Georgia Tort Claims Act";

(287) Subsection (b) of Code Section 50-27-53, relating to setoff collection from lottery proceeds of debts owed to the state;

(288) Subsection (a) of Code Section 51-7-84, relating to required notice of claims of abusive litigation;

(289) Subparagraph (a) (2) (A) of Code Section 51-10-6, relating to an owner's right of action for damage to or theft involving personal property;

(290) Subsection (a) of Code Section 51-12-14, relating to procedure for demand of unliquidated damages in tort actions;

(291) Paragraph (3) of Code Section 51-12-71, relating to requirements for transfer of structured settlement payment rights;

(292) Subsection (c) of Code Section 51-12-72, relating to execution and recision of agreements for transfer of structured settlement payment rights;

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(293) Code Section 52-1-5, relating to orders for removal of structures under the "Protection of Tidewaters Act";

(294) Code Section 52-1-7, relating to seizure and removal of structures under the "Protection of Tidewaters Act";

(295) Code Section 52-1-34, relating to removal of structures under the "Right of Passage Act";

(296) Code Section 52-1-36, relating to seizure and removal of structures under the "Right of Passage Act";

(297) Paragraph (1) of subsection (g) of Code Section 52-7-12.5, relating to drug and alcohol testing of persons operating watercraft;

(298) Subparagraph (4) (B) of Code Section 52-7-74, relating to foreclosure of liens on abandoned boats and vessels;

(299) Subsection (e) of Code Section 53-11-3 (Revised Probate Code of 1998), relating to service of process in general;

(300) Subsection (a) of Code Section 53-11-10 (Revised Probate Code of 1998), relating to computation of dates for objections and hearings;

(301) Subsection (g) of Code Section 53-12-116, relating to supervision of charitable trusts;

(302) Subsection (b) of Code Section 53-12-325, relating to contested transfers pursuant to assignments by fiduciaries;

(303) Code Section 53-12-371, relating to service on foreign trustees of real property; and

(304) Subsections (a) and (b) of Code Section 53-12-394, relating to service on foreign corporations acting as fiduciaries.

SECTION 4.

The following Code sections and parts of Code sections are amended by striking the words "registered mail" and inserting in their place the words "registered mail or statutory overnight delivery":

(1) Paragraphs (1) and (3) of subsection (a) and subsection (b) of Code
Section 9-3-97.1, relating to tolling of limitations for medical malpractice actions;

(2) Paragraphs (1) and (6) of subsection (d) of Code Section 9-11-4, relating to process in civil actions;

(3) Subsection (b) of Code Section 10-1-398, relating to cease and desist orders involving unfair business practices;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(4) Subsection (g) of Code Section 10-1-399, relating to civil or equitable remedies involving unfair business practices;
(5) Code Section 10-1-735, relating to notices under the "Georgia Multiline Heavy Equipment Dealer Act";

(6) Paragraph (1) of subsection (c) of Code Section 14-3-705, relating to notices of meetings of nonprofit corporations;

(7) Subsection (i) of Code Section 14-8-46, relating to service on foreign limited liability partnerships;

(8) Subsection (g) of Code Section 14-9-104, relating to registered offices and agents of limited partnerships;

(9) Subsection (e) of Code Section 14-9-206.1, relating to merger of limited partnerships;

(10) Subsection (i) of Code Section 14-9-902.1, relating to registered agents and offices of foreign limited partnerships;
(11) Paragraph (28) of subsection (c) and subparagraph (e)(3)(BB) of Code Section 15-9-60, relating to probate court costs;

(12) Reserved;

(13) Paragraph (2) of subsection (c) of Code Section 16-8-4, relating to theft by conversion;

(14) Subparagraph (a) (2) (A) and paragraph (3) of subsection (a) of Code Section 16-9-20, relating to deposit account fraud;
(15) Subsection (b) of Code Section 19-8-9, relating to surrender of parental rights in cases involving adoption of previously adopted children;

(16) Subsections (a), (c), (d), (e), and (g) of Code Section 19-8-26, relating to execution of surrenders of parental rights;

(17) Subsection (c) of Code Section 19-11-79, relating to registration procedures under the "Uniform Reciprocal Enforcement of Support Act";
(18) Subsection (g) of Code Section 21-2-32, relating to court actions involving the State Election Board;

(19) Subsection (b) of Code Section 21-2-524, relating to petitions to contest primaries and elections;
(20) Subsection (a) of Code Section 24-10-72, relating to compliance with subpoenas and orders for production of medical records;

GEORGIA LAWS 2000 SESSION

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(21) Subsection (d) of Code Section 33-39-16, relating to violations of laws relating to collection, use, and disclosure of information gathered by insurance institutions;

(22) Code Section 33-39-17, relating to service of process on an insurancesupport organization transacting business outside this state;

(22.1) Subsection (b) of Code Section 40-5-56, relating to suspension of driver's license for failure to respond to a citation;

(23) Subsections (d) and (f) of Code Section 40-11-2, relating to duties of a person removing or storing an abandoned motor vehicle;

(24) Paragraph (2) of Code Section 40-11-5, relating to foreclosure of liens on abandoned motor vehicles;

(25) Subsection (b) of Code Section 43-4A-7, relating to refusal or revocation of registration of athlete agents;

(25.1) Paragraph (2) of subsection (a) of Code Section 44-3-93, relating to amendment of condominium instruments;

(26) Subsection (a) of Code Section 44-12-209, relating to abandoned safe deposit boxes;

(27) Subsection (c) of Code Section 44-12-311, relating to rights and title to dies, molds, forms, and patterns in possession of molders and tool and die makers;

(28) Subsection (b) of Code Section 44-12-320, relating to creation and enforcement of liens of molders and tool and die makers;

(29) Subsection (a) of Code Section 44-12-321, relating to notice of sale of dies, molds, forms, and patterns in possession of molders and tool and die makers;

(30) Paragraphs (2) and (3) of subsection (a) of Code Section 44-14-516, relating to liens of payees of bad checks;

(31) Subsections (d) and (f) of Code Section 52-7-71, relating to removal and storage of abandoned boats and vessels;

(32) Paragraph (2) of Code Section 52-7-74, relating to foreclosure of liens on abandoned boats and vessels; and

(33) Subsection (c) of Code Section 53-11-4 (Revised Probate Code of 1998), relating to service of process where a person or residence is unknown or outside the state.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 5.

Code Section 9-10-70 of the Official Code of Georgia Annotated, relating to service on minors outside the state, is amended by striking subsections (a), (b), and (c) and inserting in their place new subsections to read as follows:

"(a) Anything to the contrary notwithstanding, in all instances where a minor, 14 years of age or older, is a legal resident of the county wherein the legal proceeding concerning such service is sought to be made but is temporarily residing or sojourning outside this state or outside the United States, service may be perfected upon the minor by registered or certified United States mail with return receipt attached or by statutory overnight delivery.

(b) When service is to be perfected by registered or certified mail or statutory overnight delivery, as provided for in subsection (a) of this Code section, the clerk or the judge of the court in which the matter is proceeding shall enclose a copy of the petition, order, or other document sought to be served on the minor in an envelope addressed to the minor at his or her last known address and shall mail the same forthwith with postage prepaid, noting on the records of the court the date and hour of mailing, or shall send the same by statutory overnight delivery as provided in Code Section 910-12. When a receipt therefor is returned or if the sealed envelope in which the notice was mailed to the minor is returned to the sender by the appropriate postal authorities or commercial delivery company marked 'Refused,' giving the date of refusal, and the notation of refusal is signed or initialed by a postal employee or mail carrier or commercial delivery company employee to whom the refusal was made, then the clerk or judge shall attach the same to the original papers in the case or shall otherwise file it as a part of the records in the case and it shall be prima-facie evidence of service on the minor.

(c) When service upon a minor is perfected as set forth in subsections (a) and (b) of this Code section, the minor shall have 60 days from the date of receipt of the registered letter or statutory overnight delivery or the refusal thereof as shown on the receipt of refusal in which to file such defensive pleadings as may be necessary. No judgment or decree shall be rendered in the proceeding which shall adversely affect the interest of the minor until the 60 day period has elapsed 1,mless the judgment or decree is expressly agreed or consented to by the duly appointed guardian ad litem of the minor as being in the best interest of the minor and unless the 60 day period provided for in this subsection has been expressly waived by the guardian ad litem. Each process issued in such cases shall be conformed to the 60 day provision set forth in this subsection."

T

GEORGIA lAWS 2000 SESSION

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1613

SECTION 6.

Code Section 15-12-65 of the Official Code of Georgia Annotated, relating to service of jury duty summons, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows:

"(a) Counties utilizing nonmechanical selection procedures. Within 30 days after the grand jurors have been drawn by a judge of the superior court or within five days after they have been drawn by the judge of the probate court and the commissioners as provided in Code Section 15-12-64, the clerk of the superior court shall issue and deliver to the sheriff or his or her deputy a precept containing the names of the persons drawn as grand jurors. Upon the receipt of the precept, the sheriff or his or her deputy shall cause the persons whose names are therein written to be served personally or by leaving the summons at their most notorious places of residence at least ten days prior to the term of the court the jurors were drawn to attend; provided, however, the sheriff may, in his or her discretion, serve the persons whose names appear on the precept by sending the summons by certified United States mail or statutory overnight delivery, return receipt requested, addressed to their most notorious places of abode at least 15 days prior to the term of the court the jurors were drawn to attend. Failure to receive the notice personally shall be a defense to a contempt citation."

SECTION 7.

Code Section 32-3-9 of the Official Code of Georgia Annotated, relating to service of nonresidents in condemnation proceedings, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows:

"(a) If a nonresident of this state owns the property condemned or any interest therein, whether such interest is as the owner of the fee or some lesser interest, or any easement, or as a guardian for a minor or a person non compos mentis, or as a trustee, or growing out of similar facts, such nonresident, in the event that his or her address is known, shall be served with a true and correct copy of the petition and declaration, together with any orders of the court thereon. It shall be the duty of the clerk of the superior court for the county wherein such condemnation proceeding is pending to enclose a copy of the petition and declaration in an envelope, properly addressed to the nonresident at his or her last known address, and to deposit the same in the United States mail, properly registered or certified and with a return receipt requested, or deliver the same by statutory overnight delivery; and the clerk shall make a return service, showing these facts, upon the original petition and declaration in such matter for which he or she shall be paid the fee he or she receives for like service for each service

I

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GENERAL ACTS AND RESOLUTIONS, VOL. I

made, the same to be taxed against the costs in the case. Such certificate of service shall be final and conclusive as to service of the petition upon the nonresident and shall become a part of the record in the matter."
SECTION 8.
Code Section 33-25-8 of the Official Code of Georgia Annotated, relating to the right to return an individual life insurance policy, is amended by striking subsection (c) and inserting in its place a new subsection to read as follows:
"(c) Without limiting any other method of returning a policy or contract under this Code section, it shall be prima-facie evidence of the fact and date of return of a policy or contract if the policy or contract is dispatched by certified mail or statutory overnight delivery to the insurer or agent, as provided in this Code section, and a return receipt provided by the United States Postal Service or the commercial delivery company is obtained."
SECTION 9.
Code Section 33-28-6 of the Official Code of Georgia Annotated, relating to right to return annuity and endowment contracts, is amended by striking subsection (c) and inserting in its place a new subsection to read as follows:
"(c) Without limiting any other method of returning an annuity or contract under this Code section, it shall be prima-facie evidence of the fact and date of return of an annuity or contract if the annuity or contract is dispatched by certified mail or statutory overnight delivery to the insurer or agent, as provided in this Code section, and a return receipt provided by the United States Postal Service or the commercial delivery company is obtained."
SECTION 10.
Code Section 33-29-11 of the Official Code of Georgia Annotated, relating to right to return individual sickness and accident insurance policies, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows:
"(b) If the insured or purchaser, pursuant to such notice, returns the policy or contract to the insurer at its home or branch office, or to the agent through whom it was purchased, it shall be void from the beginning and the parties shall be in the same position as if no policy or contract had been issued. Without limiting any other method of returning an annuity or contract under this Code section, it shall be prima-facie evidence of the fact and date of return of an annuity or contract if the annuity or contract is dispatched by certified mail or statutory overnight delivery to the insurer or agent, as provided in this Code section, and a return receipt provided by the United States Postal Service or commercial delivery company is obtained.?'

r

GEORGIA LAWS 2000 SESSION

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SECTION 11.

Code Section 44-3-87 of the Official Code of Georgia Annotated, relating to conversion condominiums, is amended by striking subsection (c) and inserting in its place a new subsection to read as follows:

"(c) Notices and offers required or permitted to be delivered to a tenant by subsections (a) and (b) of this Code section may be hand delivered to the tenant, hand delivered to the unit, or posted in the United States mail, postage prepaid, or sent by statutory overnight delivery, addressed to the tenant at the address of the unit. Acceptances permitted to be delivered to a declarant by subsection (b) of this Code section may be hand delivered to the declarant, hand delivered to an authorized representative of the declarant, or posted in the United States mail, postage prepaid, addressed to the declarant at the address specified in the offer made by the declarant. Any notices, offers, or acceptances sent by registered or certified mail or statutory overnight delivery, return receipt requested, shall be presumed conclusively to have been delivered when posted in the United States mail or delivered to the commercial delivery company, postage and fees prepaid, addressed as provided in this subsection, in which event the postmark date or date of receipt by the commercial delivery company of any such registered or certified mail or statutory overnight delivery or any receipt related thereto shall be the date of delivery for purposes of this Code section."

SECTION 12.

Code Section 44-14-2 of the Official Code of Georgia Annotated, relating to obligations secured by mortgages and security deeds, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows:

"(b) Except for the advances set out in subsection (a) of this Code section, any extension of credit to the mortgagor or grantor after July 1, 1980, as to any debt or obligation arising subsequent to the actual notice of transfer of property or any valuable interest therein as provided in this subsection shall not be secured by virtue of the operation of an 'open-end' clause described in Code Section 44-14-1 if the grantor of the instrument containing the 'open-end' clause has transferred the property subject to such instrument or has transferred any valuable interest in such property and if the instrument effecting such transfer has been filed for record and actual notice of such transfer has been given to the holder of such instrument. In addition to other means of furnishing actual notice and for the purpose of this subsection, actual notice shall be deemed to have been given to the holder of such instrument upon evidence that:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) A properly stamped envelope which contained a copy of the recorded transfer and was addressed to the holder at its principal office was placed in the United States mail for registered or certified delivery and that the holder or an officer, agent, employee, or representative of the holder acknowledged receipt thereof on a United States Postal Service return receipt form for registered or certified mail delivery; or

(2) The recorded transfer was sent to the holder at its principal office by statutory overnight delivery and a receipt therefor obtained as provided in Code Section 9-10-12."

SECTION 13.

Code Section 48-2-45 of the Official Code of Georgia Annotated, relating to service of assessments for state taxes, is amended by striking said Code section in its entirety and inserting in its place a new Code section to read as follows:

"48-2-45.

(a) (1) In all cases in which the commissioner is required by law to provide an opportunity to appeal, the assessment of a tax or license fee shall become final if no written appeal is filed by the taxpayer with the commissioner within 30 days of the date of the notice of assessment.

(2) For the purposes of this subsection, the notice shall be deemed to have been given if written notice is sent by registered or certified or firstclass mail or by statutory overnight delivery and addressed to the taxpayer at his or her last known address, as shown on the records of the department.

(b) A notice of assessment by the commissioner or his or her delegate of any tax or license fee shall be sufficiently served upon the person assessed if it is sent by registered or certified or first-class mail or by statutory overnight delivery to the person at his or her address as shown on the records of the department.
(c) If no return receipt is on file or if notice is returned, the notice shall be by personal service; except that, if the notice mailed by registered, certified, or first-class mail or statutory overnight delivery, as provided in this Code section, is returned as 'refused' or 'unclaimed,' the notice shall be sufficiently served."
SECTION 14.

Code Section 50-13-23 of the Official Code of Georgia Annotated, relating to the determination of dates on which documents are delivered to or filed with state agencies, is amended by striking said Code section in its entirety and inserting in its place a new Code section to read as follows:

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"50-13-23.

Notwithstanding any provlSlon of law to the contrary, any document required by law, rule, or regulation to be received by or filed with any agency pursuant to the requirements of this chapter shall be deemed to be received by or filed with such agency on the earlier of: (1) the date such document is actually received by such agency; (2) the official postmark date such document was mailed, properly addressed with postage prepaid, by registered or certified mail; or (3) the date on which such document was delivered to a commercial delivery company for statutory overnight delivery as provided in Code Section 9-10-12 as evidenced by the receipt provided by the commercial delivery company."

SECTION 15.

Code Section 53-5-46 of the Revised Probate Code of 1998 of the Official Code of Georgia Annotated, relating to service of process, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows:

"(a) Service of process may be made upon the personal representative of a decedent who dies domiciled outside this state by registered or certified mail, addressed to the personal representative's last reasonably ascertainable address, requesting a return receipt signed by the addressee only. Service of process upon such a personal representative may also be perfected by statutory overnight delivery as provided in Code Section 9-10-12 if the receipt provided by the commercial delivery company is signed by the addressee. Notice by first-class mail is sufficient if certified or registered mail service to the addressee is unavailable. Service may be made upon the personal representative in the manner in which service could have been made under other laws of this state on either the personal representative or the decedent immediately prior to death."

SECTION 16.

This Act shall become effective July 1, 2000, and shall apply with respect to notices delivered on or after that effective date.

SECTION 17.

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

Approved May 1, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

CRIMES AND OFFENSES - FIREARMS OR KNIVES; POSSESSION DURING COMMISSION OF OR ATTEMPT TO COMMIT CERTAIN CRIMES.
Code Section 16-11-106 Amended.

No. 919 (Senate Bill No. 450).

AN ACT

To amend Code Section 16-11-106 of the Official Code of Georgia Annotated, relating to possession of a firearm or knife during the commission of or attempt to commit certain crimes, so as provides that it shall be unlawful to possess such firearm or knife while committing or attempting to commit any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance, marijuana, counterfeit substance, or noncontrolled substance; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.

Code Section 16-11-106 of the Official Code of Georgia Annotated, relating to possession of a firearm or knife during the commission of or attempt to commit certain crimes, is amended by striking subsection (b) of said Code section and inserting in lieu thereof the following:

"(b) Any person who shall have on or within arm's reach of his or her person a firearm or a knife having a blade of three or more inches in length during the commission of, or the attempt to commit:

(1) Any crime against or involving the person of another;

(2) The unlawful entry into a building or vehicle;

(3) A theft from a building or theft of a vehicle;

(4) Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance or marijuana as provided in Code Section 16-13-30, any counterfeit substance as defined in Code Section 16-13-21, or noncontrolled substance as provided in Code Section 16-13-30.1; or

(5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as provided in Code Section 16-13-31,
and which crime is a felony, commits a felony and, upon conviction thereof, shall be punished by confinement for a period of five years, such sentence to run consecutively to any other sentence which the person has received."

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SECTION 2.

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

SECTION 3.

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

Approved May 1, 2000.

STATE GOVERNMENT - ADMINISTRATIVE RULES AND PROCEDURE; ADOPTION, AMENDMENT, AND REPEAL OF RULES; ADMINISTRATIVE
PROCEDURE ON COMPLAINTS FILED WITH STATE ETHICS COMMISSION.
Code Title 50, Chapter 13, Article 1 Amended. Code Section 21-5-7 Amended.
No. 920 (Senate Bill No. 439).
AN ACT
To amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning administrative procedure, so as to provide for additional definitions; to change certain time limits for the giving of notice concerning the adoption, amendment, or repeal of rules; to change certain provisions relating to providing copies of proposed rules to the legislative counsel; to change the requirements relating to the Secretary of State and the keeping of files and records; to change the provisions relating to the effective date of rules; to provide for the publication of rules, compilations, and bulletins in print and electronically; to amend Code Section 21-5-7 of the Official Code of Georgia Annotated, relating to administrative procedure on complaints filed with the State Ethics Commission, so as to change provisions relating to notice of such complaints; to provide for the commission's adoption of rules relating to complaints alleging technical violations and cure of such violations prior to further proceedings; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning administrative procedure, is amended by striking Code Section 50-13-2, relating to definitions, and inserting in its place the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"50-13-2.
As used in this chapter, the term:
(1) 'Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers' Compensation; all public authorities; the State Personnel Board (Merit System); the Department of Administrative Services or commissioner of administrative services; the Department of Technical and Adult Education; the Department of Revenue when conducting hearings relating to alcoholic beverages; the Georgia Tobacco Community Development Board; any school, college, hospital, or other such educational, eleemosynary, or charitable institution; or any agency when its action is concerned with the military or naval affairs of this state. The term 'agency' shall include the State Board of Education and Department of Education, subject to the following qualifications:
(A) Subject to the limitations of subparagraph (B) of this paragraph, all otherwise valid rules adopted by the State Board of Education and Department of Education prior to January 1, 1990, are ratified and validated and shall be effective until January 1, 1991, whether or not such rules were adopted in compliance with the requirements of this chapter; and
(B) Effective January 1, 1991, any rule of the State Board of Education or Department of Education which has not been proposed, submitted, and adopted in accordance with the requirements of this chapter shall be void and of no effect.
(2) 'Contested case' means a proceeding, including, but not restricted to, rate making, price fixing, and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing.
(2.1) 'Electronic' means, without limitation, analog, digital, electronic, magnetic, mechanical, optical, chemical, electromagnetic, electromechanical, electrochemical, or other similar means.

(3) 'License' means the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by law, but it does not include a license required solely for revenue purposes. 'Licensing' includes the agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license.

GEORGIA LAWS 2000 SESSION

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(3.1) 'Mailed' includes electronic means of communication.

(3.2) 'Mailing list' includes electronic means of distribution.

(4) 'Party' means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party.
(5) 'Person' means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.

(5.1) 'Record' means information created, transmitted, received, or stored either in human perceivable form or in a form that is retrievable in human perceivable form.

(6) 'Rule' means each agency regulation, standard, or statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice requirements of any agency. The term includes the amendment or repeal of a prior rule but does not include the following:
(A) Statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public;

(B) Declaratory rulings issued pursuant to Code Section 50-13-ll; (C) Intra-agency memoranda;

(D) Statements of policy or interpretations that are made m the decision of a contested case;
(E) Rules concerning the use or creation of public roads or facilities, which rules are communicated to the public by use of signs or symbols;

(F) Rules which relate to the acquiring, sale, development, and management of the property, both real and personal, of the state or of an agency;
(G) Rules which relate to contracts for the purchases and sales of goods and services by the state or of an agency;

(H) Rules which relate to the employment, compensation, tenure, terms, retirement, or regulation of the employees of the state or of an agency;
(I) Rules relating to loans, grants, and benefits by the state or of an agency; or
(J) The approval or prescription for the future of rates or prices."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2.

Said article is further amended by striking subsections (a), (b), and (e) of Code Section 50-134, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on actions to contest rules, and legislative override, and inserting in their places the following:
"(a) Prior to the adoption, amendment, or repeal of any rule, other than interpretive rules or general statements of policy, the agency shall:

(1) Give at least 30 days' notice of its intended action. The notice shall include an exact copy of the proposed rule and a synopsis of the proposed rule. The synopsis shall be distributed with and in the same manner as the proposed rule. The synopsis shall contain a statement of the purpose and the main features of the proposed rule, and, in the case of a proposed amendatory rule, the synopsis also shall indicate the differences between the existing rule and the proposed rule. The notice shall also include the exact date on which the agency shall consider the adoption of the rule and shall include the time and place in order that interested persons may present their views thereon. The notice shall also contain a citation of the authority pursuant to which the rule is proposed for adoption and, if the proposal is an amendment or repeal of an existing rule, the rule shall be clearly identified. The notice shall be mailed to all persons who have requested in writing that they be placed upon a mailing list which shall be maintained by the agency for advance notice of its rulemaking proceedings and who have tendered the actual cost of such mailing as from time to time estimated by the agency;

(2) Mford to all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. In the case of substantive rules, opportunity for oral hearing must be granted if requested by 25 persons who will be directly affected by the proposed rule, by a governmental subdivision, or by an association having not less than 25 members. The agency shall consider fully all written and oral submissions respecting the proposed rule. Upon adoption of a rule, the agency, if requested to do so by an interested person either prior to adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption and incorporate therein its reason for overruling the consideration urged against its adoption;

(3) In the formulation and adoption of any rule which will have an economic impact on businesses in the state, reduce the economic impact of the rule on small businesses which are independently owned and operated, are not dominant in their field, and employ 100 employees or less by implementing one or more of the following actions when it is legal and feasible in meeting the stated objectives of the statutes which are the basis of the proposed rule:

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(A) Establish differing compliance or reporting requirements or timetables for small businesses;

(B) ClarifY, consolidate, or simplifY the compliance and reporting requirements under the rule for small businesses;

(C) Establish performance rather than design standards for small businesses; or

(D) Exempt small businesses from any or all requirements of the rules; and

(4) In the formulation and adoption of any rule, an agency shall choose an alternative that does not impose excessive regulatory costs on any regulated person or entity which costs could be reduced by a less expensive alternative that fully accomplishes the stated objectives of the statutes which are the basis of the proposed rule.

(b) If any agency finds that an imminent peril to the public health, safety, or welfare, including but not limited to, summary processes such as quarantines, contrabands, seizures, and the like authorized by law without notice, requires adoption of a rule upon fewer than 30 days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable to adopt an emergency rule. The rule may be effective for a period of not longer than 120 days but the adoption of an identical rule under paragraphs (1) and (2) of subsection (a) of this Code section is not precluded."

"(e) The agency shall transmit the notice provided for in paragraph (1) of subsection (a) of this Code section to the legislative counsel. The notice shall be transmitted at least 30 days prior to the date of the agency's intended action. Within three days after receipt of the notice, if possible, the legislative counsel shall furnish the presiding officers of each house with a copy of the notice, and the presiding officers shall assign the notice to the chairperson of the appropriate standing committee in each house for review and any member thereof who makes a standing written request. In the event a presiding officer is unavailable for the purpose of making the assignment within the time limitations, the legislative counsel shall assign the notice to the chairperson of the appropriate standing committee. The legislative counsel shall also transmit within the time limitations provided in this subsection a notice of the assignment to the chairperson of the appropriate standing committee. Each standing committee of the Senate and the House of Representatives is granted all the rights provided for interested persons and governmental subdivisions in paragraph (2) of subsection (a) of this Code section."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 3.

Said article is further amended by striking subsection (c) of Code Section 5013-5, relating to filing of previously adopted rules, and inserting in its place the following:
"(c) The Secretary of State shall endorse on each copy the time and date of filing and shall maintain a record of the rules for public inspection."

SECTION 4.

Said article is further amended by striking subsections (a) and (b) of Code Section 50-13-6, relating to the effective date of rules, exceptions, and rules governing the manner and form of filing, and inserting in their place the following:

"(a) Each rule adopted after July 1, 1965, shall not become effective until the expiration of 20 days after the rule is filed in the office of the Secretary of State. Each rule so filed shall contain a citation of the authority pursuant to which it was adopted and, if an amendment, shall clearly identify the original rule.

(b) The Secretary of State shall endorse on each rule thus filed the time and date of filing and shall maintain a record of the rules for public inspection."

SECTION 5.

Said article is further- amended by striking subsections (a), (b), and (c) of Code Section 50-13-7, relating to the publication of a compilation of rules and a monthly bulletin by the Secretary of State, and inserting in their place the following:

"(a) The Secretary of State shall compile, index, and publish in print or electronically all rules adopted by each agency and remaining in effect. Compilations shall be supplemented or revised as often as necessary and at least once every two years.

(b) The Secretary of State shall publish in print or electronically a quarterly bulletin in which the Secretary of State shall set forth the text of all rules filed during the preceding quarter.

(c) The Secretary of State, in his or her discretion, may omit rules from the bulletin or compilation if their publication would be unduly cumbersome, expensive, or otherwise inexpedient, provided that the omitted rules are made available in electronic, printed, or processed form on application to the adopting agency and that the bulletin or compilation contains a notice stating the general subject matter of the rules so omitted and stating how copies thereof may be obtained."

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SECTION 6.

Code Section 21-5-7 of the Official Code of Georgia Annotated, relating to administrative procedure on complaints filed with the State Ethics Commission, is amended by striking the Code section in its entirety and inserting in its place a new Code section to read as follows:
"21-5-7.

(a) The commission shall not mlttate any investigation or inquiry into any matter under its jurisdiction based upon the complaint of any person unless that person shall reduce the same in writing and verifY the same under oath to the best information, knowledge, and belief of such person, the falsification of which shall be punishable as false swearing under Code Section 1610-71. The person against whom any complaint is made shall be furnished or mailed a copy of the complaint by the commission immediately upon the commission's receipt of such complaint and prior to any other public dissemination of such complaint. Nothing in this Code section, however, shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter.

(b) The commission shall adopt rules which shall provide that:

(1) Upon the commission's receipt of a complaint, a determination shall be made as to whether the complaint relates to an alleged technical defect in a filing. For this purpose, a technical defect shall be a defect such as a failure to include a date or an incorrect date, a failure to include a contributor's occupation or an incorrect occupation, a failure to include an address or an incorrect address, or any other similar technical defect as specified by rule of the commission;

(2) When the commission determines that a complaint relates to a technical defect in a filing, the subject of the complaint shall be given a period of ten days to correct the alleged technical defect. During such ten-day period the complaint shall be considered as received by the commission but not yet filed with the commission. If during such ten-day period the alleged technical violation is cured by an amended filing or otherwise, or if during such ten-day period the subject of the complaint demonstrates that there is no technical violation as alleged, the complaint shall be disposed of without filing or further proceedings and no penalty shall be imposed."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 7.

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

Approved May 1, 2000.

CRIMES AND OFFENSES- AGGRAVATED ASSAULT; AGGRAVATED BATTERY; OFFENSES AGAINST CORRECTIONAL OFFICERS.
Code Sections 16-5-21 and 16-5-24 Amended.
No. 921 (Senate Bill No. 446).
AN ACT
To amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the offenses of assault and battery and related offenses, so as to change the provisions relating to the offense of aggravated assault upon a correctional officer; to include county jail officers within the definition of the term "correctional officer" in connection with the offense of aggravated assault; to change the provisions relating to the offense of aggravated battery upon a correctional officer; to include county jail officers within the definition of the term "correctional officer" in connection with the offense of aggravated battery; 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 the offenses of assault and battery and related offenses, is amended by striking in its entirety subsection (e) of Code Section 16-5-21, relating to the offense of aggravated assault, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) (1) As used in this subsection, the term 'correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. The term 'correctional officer' shall also include county jail officers who are certified or registered by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35.

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(2) A person who knowingly commits the offense of aggravated assault upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years."

SECTION 2.

Said article is further amended by striking in its entirety subsection (e) of Code Section 16-5-24, relating to the offense of aggravated battery, and inserting in lieu thereof a new subsection (e) to read as follows:

"(e) (1) As used in this subsection, the term 'correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. The term 'correctional officer' shall also include county jail officers who are certified or registered by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35.

(2) A person who knowingly commits the offense of aggravated battery upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years."

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

Approved May 1, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

EDUCATION - HOPE SCHOlARSHIPS AND GRANTS; ELIGIBLE HIGH SCHOOLS.

Code Section 20-3-519 Amended.

No. 922 (Senate Bill No. 452).

AN ACT

To amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to change the definition of the term "eligible high school"; to thereby change conditions of eligibility for HOPE scholarships and grants; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, is amended by striking in its entirety paragraph (6) and inserting in lieu thereof a new paragraph (6) to read as follows:

"(6) 'Eligible high school' means a public or private secondary school which is:

(A) Located in Georgia and accredited as such by:

(i) The Southern Association of Colleges and Schools;

(ii) The Georgia Accrediting Commission;

(iii) The Georgia Association of Christian Schools;

(iv) The Association of Christian Schools International; or

(v) The Georgia Private School Accreditation Council; or

(B) Located in another state and accredited by one of the following regional agencies:

(i) The Southern Association of Colleges and Schools;

(ii) The New England Association of Schools and Colleges;

(iii) The Middle States Association of Colleges and Schools; (iv) The North Central Association of Colleges and Schools;

(v) The Northwestern Association of Schools and Colleges; or

(vi) The Western Association of Schools and Colleges."

GEORGIA LAWS 2000 SESSION

1629

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 May 1, 2000.

MOTOR VEHICLES AND TRAFFIC - SCHOOL BUSES; COMMUNICATION EQUIPMENT REQUIRED.
Code Section 40-6-161 Amended.
No. 923 (Senate Bill No. 458).
AN ACT
To amend Article 8 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to rules of the road applicable to operation of school buses, so as to provide that it shall be unlawful to operate any school bus which is transporting children unless the driver is equipped with certain communications equipment; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 8 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to rules of the road applicable to operation of school buses, is amended by striking Code Section 40-6-161, relating to required operation of headlights on school buses, and inserting in its place a new Code section to read as follows:
"40-6-161.
(a) It shall be unlawful to operate any school bus which is transporting children unless the headlights on such school bus are illuminated.
(b) It shall be unlawful to operate any school bus which is transporting children unless the driver of the bus is equipped with one or more devices to allow live communication between the driver and school officials or public safety officials or both. Such communication may be provided by two-way radio, cellular telephone, or any other device which provides similar communications capability."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2.

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

Approved May 1, 2000.

CRIMES AND OFFENSES- FIREARMS; VARIOUS UNLAWFUL POSSESSIONS; FURNISHING TO MINOR; ATTEMPT BY FELON TO
OBTAIN.
Code Title 16, Chapter 11, Article 4 Amended.
No. 924 (Senate Bill No. 466).
AN ACT
To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to change the penalty provisions applicable to the offense of furnishing a pistol or revolver to a person under the age of 18 years; to change the penalty provisions applicable to the offense of unlawful possession of firearms or weapons; to change the penalty provisions applicable to second or subsequent offenses of carrying a concealed weapon; to provide that upon conviction of the offense of carrying a weapon within a school safety zone when the offense involves a firearm as defined in paragraph (2) of subsection (a) of Code Section 16-11-131, or a dangerous weapon or machine gun as defined in Code Section 16-11-121, such person shall be punished by a fine of not more than $10,000.00 and by imprisonment for a period of not less than five nor more than ten years, or both; to change the penalty provisions applicable to the offense of possession of a firearm by a convicted felon or first offender probationer if the felony conviction or probation was for a forcible felony; to change the penalty provisions applicable to the offense of possession of a pistol or revolver by a person under the age of 18 years; to provide that any person who is prohibited from possessing a firearm because of conviction of a forcible felony or because of being on probation as a first offender for a forcible felony and who attempts to purchase or obtain transfer of a firearm shall be guilty of a felony; to provide a penalty; to define a certain term; to provide for related matters; 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

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SECTION 1.

Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by striking in its entirety Code Section 16-11-101.1, relating to the offense of furnishing a pistol or revolver to a person under the age of 18 years, and inserting in lieu thereof a new Code Section 16-11-101.1 to read as follows:

"16-11-101.1.

(a) For the purposes of this Code section, the term:

(1) 'Minor' means any person under the age of 18 years.

(2) 'Pistol or revolver' means a pistol or revolver as defined in subsection (a) of Code Section 16-11-132.

(b) It shall be unlawful for a person intentionally, knowingly, or recklessly to sell or furnish a pistol or revolver to a minor, except that it shall be lawful for a parent or legal guardian to permit possession of a pistol or revolver by a minor for the purposes specified in subsection (c) of Code Section 1611-132 unless otherwise expressly limited by subsection (c) of this Code section.

(c) (1) It shall be unlawful for a parent or legal guardian to permit possession of a pistol or revolver by a minor if the parent or legal guardian knows of a minor's conduct which violates the provisions of Code Section 16-11-132 and fails to make reasonable efforts to prevent any such violation of Code Section 16-11-132.

(2) Notwithstanding any provisions of subsection (c) of Code Section 1611-132 or any other law to the contrary, it shall be unlawful for any parent or legal guardian intentionally, knowingly, or recklessly to furnish to or permit a minor to possess a pistol or revolver if such parent or legal guardian is aware of a substantial risk that such minor will use a pistol or revolver to commit a felony offense or if such parent or legal guardian who is aware of such substantial risk fails to make reasonable efforts to prevent commission of the offense by the minor.

(3) In addition to any other act which violates this subsection, a parent or legal guardian shall be deemed to have violated this subsection if such parent or legal guardian furnishes to or permits possession of a pistol or revolver by any minor who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated delinquent under the provisions of Article 1 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such minor were an adult.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(d) Upon conviction of a violation of subsection (b) or (c) of this Code section, a person shall be guilty of a felony and punished by a fine not to exceed $5,000.00 or by imprisonment for not less than three nor more than five years, or both."
SECTION 2.

Said article is further amended by striking in its entirety Code Section 16-11123, relating to the offense of unlawful possession of firearms or weapons, and inserting in lieu thereof a new Code Section 16-11-123 to read as follows:
"16-11-123.

A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for a period of five years."
SECTION 3.

Said article is further amended by striking in its entirety Code Section 16-11126, relating to the offense of carrying a concealed weapon, and inserting in lieu thereof a new Code Section 16-11-126 to read as follows:

"16-11-126.
(a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section.

(b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows:

(1) For the first offense, he or she shall be guilty of a misdemeanor; and

(2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years.
(c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event

GEORGIA LAWS 2000 SESSION

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the weapon may be concealed by the person's clothing, or a handbag, purse, attache case, briefcase, or other closed container. Carrying on the person in a concealed manner other than as provided in this subsection shall not be permitted and shall be a violation of this Code section.

(d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle; provided, however, that any person in possession of a valid permit issued pursuant to Code Section 16-11-129 may carry a handgun in any location in a motor vehicle.

(e) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such licenseholder shall carry the handgun in compliance with the laws of this state."
SECTION 4.

Said article is further amended by striking in its entirety Code Section 16-11127.1, relating to the offense of carrying a weapon within a school safety zone, and inserting in lieu thereof a new Code Section 16-11-127.1 to read as follows:

"16-11-127.1.

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

(1) 'School safety zone' means in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board and used for elementary or secondary education and in, on, or within 1,000 feet of the campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education.

(2) 'Weapon' means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, metal knucks, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in

1634

GENERAL ACTS AND RESOLUTIONS, VOL. I

"

such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher.

(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; provided, however, that upon conviction of a violation of this subsection involving a firearm as defined in paragraph (2) of subsection (a) of Code Section 16-11-131, or a dangerous weapon or machine gun as defined in Code Section 16-11-121, such person shall be punished by a fine of not more than $10,000.00 or by imprisonment for a period of not less than five nor more than ten years, or both. A juvenile who violates this subsection shall be subject to the provisions of Code Section 15-11-37.

(c) The provisions of this Code section shall not apply to:

(1) Baseball bats, hockey sticks, or other sports equipment possessed by competitors for legitimate athletic purposes;
(2) Participants in organized sport shooting events or firearm training courses;

(3) Persons participating in military training programs conducted by or on behalf of the armed forces of the United States or the Georgia Department of Defense;

(4) Persons participating in law enforcement training conducted by a police academy certified by the Peace Officer Standards and Training Council or by a law enforcement agency of the state or the United States or any political subdivision thereof;

(5) The following persons, when acting in the performance of their official duties or when en route to or from their official duties:

(A) A peace officer as defined by Code Section 35-8-2; (B) A law enforcement officer of the United States government;

GEORGIA LAWS 2000 SESSION

1635

(C) A prosecuting attorney of this state or of the United States;

(D) An employee of the Georgia Department of Corrections or a correctional facility operated by a political subdivision of this state or the United States who is authorized by the head of such correctional agency or facility to carry a firearm;

(E) A person employed as a campus police officer or school security officer who is authorized to carry a weapon in accordance with Chapter 8 of Title 20; and

(F) Medical examiners, coroners, and their investigators who are employed by the state or any political subdivision thereof;

(6) A person who has been authorized in writing by a duly authorized official of the school to have in such person's possession or use as part of any activity being conducted at a school building, school property, or school function a weapon which would otherwise be prohibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid;

(7) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school or any weapon legally kept within a vehicle in transit through a designated school zone by any person other than a student;

(8) A weapon which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school; provided, however, that this exception shall not apply to a student attending such school;

(9) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract;

(10) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(11) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon;
(12) Probation supervisors employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act,' when specifically designated and authorized in writing by the director of the Division of Probation;

(13) Public safety directors of municipal corporations; (14) State and federal trial and appellate judges;

(15) United States attorneys and assistant United States attorneys; (16) Clerks of the superior courts; or

(17) Teachers and other school personnel who are otherwise authorized to possess or carry weapons, provided that any such weapon is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle.
(d) (1) This Code section shall not prohibit any person who resides or works in a business or is in the ordinary course transacting lawful business or any person who is a visitor of such resident located within a school safety zone from carrying, possessing, or having under such person's control a weapon within a school safety zone; provided, however, it shall be unlawful for any such person to carry, possess, or have under such person's control while at a school building or school function or on school property, a school bus, or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25.

(2) Any person who violates this subsection shall be subject to the penalties specified in subsection (b) of this Code section.

(3) This subsection shall not be construed to waive or alter any legal requirement for possession of weapons or firearms otherwise required by law.

(e) It shall be no defense to a prosecution for a violation of this Code section that:

(1) School was or was not in session at the time of the offense;

(2) The real property was being used for other purposes besides school purposes at the time of the offense; or

(3) The offense took place on a school vehicle.

GEORGIA lAWS 2000 SESSION

1637

(f) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of the real property of a school board or a private or public elementary or secondary school that is used for school purposes or within 1,000 feet of any campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code section may be revised from time to time by the governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county.

(g) A county school board may adopt regulations requiring the posting of signs designating the areas within 1,000 feet of school boards and private or public elementary and secondary schools as 'Weapon-free and Violence-free School Safety Zones."'

SECTION 5.

Said article is further amended by striking in its entirety Code Section 16-11131, relating to the offense of possession of a firearm by a convicted felon or first offender probationer, and inserting in lieu thereof a new Code Section 16-11-131 to read as follows:

"16-11-131.

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

(1) 'Felony' means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States.

(2) 'Firearm' includes any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) Any person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42 or who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and who receives, possesses, or transports any firearm commits a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years; provided, however, that if the felony as to which the person is on probation or has been previously convicted is a forcible felony, then upon conviction of receiving, possessing, or transporting a firearm, such person shall be imprisoned for a period of five years.
(b.1) Any person who is prohibited by this Code section from possessing a firearm because of conviction of a forcible felony or because of being on probation as a first offender for a forcible felony pursuant to this Code section and who attempts to purchase or obtain transfer of a firearm shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
(c) This Code section shall not apply to any person who has been pardoned for the felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitutions or laws of the several states or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, or transport a firearm.
(d) A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of firearms by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. Section 925, shall, upon presenting to the Board of Public Safety proof that the relief has been granted and it being established from proof submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. A person who has been convicted under federal or state law of a felony pertaining to antitrust violations, unfair trade practices, or restraint of trade shall, upon presenting to the Board of Public Safety proof, and it being established from said proof, submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not

r

GEORGIA LAWS 2000 SESSION

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be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. A record that the relief has been granted by the board shall be entered upon the criminal history of the person maintained by the Georgia Crime Information Center and the board shall maintain a list of the names of such persons which shall be open for public inspection.

(e) As used in this Code section, the term 'forcible felony' means any felony which involves the use or threat of physical force or violence against any person and further includes, without limitation, murder; felony murder; burglary; robbery; armed robbery; kidnapping; hijacking of an aircraft or motor vehicle; aggravated stalking; rape; aggravated child molestation; aggravated sexual battery; arson in the first degree; the manufacturing, transporting, distribution, or possession of explosives with intent to kill, injure, or intimidate individuals or destroy a public building; terroristic threats; or acts of treason or insurrection.

(f) Any person placed on probation as a first offender pursuant to Article 3 of Chapter 8 of Title 42 and subsequently discharged without court adjudication of guilt pursuant to Code Section 42-8-62 shall, upon such discharge, be relieved from the disabilities imposed by this Code section."

SECTION 6.

Said article is further amended by striking in its entirety Code Section 16-11132, relating to the offense of possession of a pistol or revolver by a person under the age of 18 years, and inserting in lieu thereof a new Code Section 16-11-132 to read as follows:

"16-11-132.

(a)(1) For the purposes of this Code section, the term 'pistol' or 'revolver' means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term pistol or revolver shall not include a gun which discharges shot of .46 centimeters or less in diameter.

(2) For the purposes of this Code section, a pistol or revolver is considered loaded if:

(A) There is a cartridge in the chamber or cylinder of the pistol or revolver;

(B) The person is carrying on his or her body or attached to his or her clothing the pistol or revolver and the ammunition for such pistol or revolver; or

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(C) The pistol or revolver and the ammunition for such pistol or revolver are in such close proximity to such person that such person could readily gain access to the pistol or revolver and the ammunition and load the pistol or revolver.
(b) Notwithstanding any other provisions of this part and except as otherwise provided in this Code section, it shall be unlawful for any person under the age of 18 years to possess or have under such person's control a pistol or revolver. A person convicted of a first violation of this subsection shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or by imprisonment for not more than 12 months, or both. A person convicted of a second or subsequent violation of this subsection shall be guilty of a felony and shall be punished by a fine of $5,000.00 or by imprisonment for a period of three years, or both.
(c) Except as otherwise provided in subsection (d) of this Code section, the provisions of subsection (b) of this Code section shall not apply to:
(1) Any person under the age of 18 years who is:
(A) Attending a hunter education course or a firearms safety course;
(B) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction where such range is located;
(C) Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 26 U.S.C. Section 501 (c) (3) which uses firearms as a part of such performance;
(D) Hunting or fishing pursuant to a valid license if such person has in his or her possession such a valid hunting or fishing license if required; is engaged in legal hunting or fishing; has permission of the owner of the land on which the activities are being conducted; and the pistol or revolver, whenever loaded, is carried only in an open and fully exposed manner; or
(E) Traveling to or from any activity described in subparagraphs (A) through (D) of this paragraph if the pistol or revolver in such person's possession is not loaded;
(2) Any person under the age of 18 years who is on real property under the control of such person's parent, legal guardian, or grandparent and who has the permission of such person's parent or legal guardian to possess a pistol or revolver; or

GEORGIA lAWS 2000 SESSION

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(3) Any person under the age of 18 years who is at such person's residence and who, with the permission of such person's parent or legal guardian, possesses a pistol or revolver for the purpose of exercising the rights authorized in Code Section 16-3-21 or 16-3-23.

(d) Subsection (c) of this Code section shall not apply to any person under the age of 18 years who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated delinquent under the provisions of Article 1 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such person were an adult."

SECTION 7.

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

Approved May 1, 2000.

CONSERVATION AND NATURAL RESOURCES - SOLID WASTE FACILITIES; VERTICAL EXPANSION.
Code Section 12-8-24 Amended.
No. 925 (Senate Bill No. 468).
AN ACT
To amend Code Section 12-8-24 of the Official Code of Georgia Annotated, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and the inspection of solid waste generators, so as to provide that a vertical expansion shall be permitted under certain circumstances when the owner of a facility has a remedial modification plan involving the removal of waste to a conforming facility; to provide for a corrective plan in the event of nonconformance; to provide for a closure plan; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 12-8-24 of the Official Code of Georgia Annotated, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and the inspection of solid waste generators, is amended by striking in its entirety paragraph (4) of subsection (e) and inserting in lieu thereof the following:
"(4) No vertical expansions shall be approved under this subsection unless:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(A) The owner or operator demonstrates compliance with all standards not varied by the director;
(B) The owner or operator has installed a surface and ground-water monitoring system approved by the division under currently promulgated rules and has submitted the initial sampling results to the division;
(C) The owner or operator has implemented or installed a methane gas monitoring program or system approved by the division under currently promulgated rules and has submitted the initial sampling results to the division;
(D) The owner or operator has a closure and postclosure care plan approved by the division under currently promulgated rules;
(E) Where noncompliance with the standards for surface water, ground water, or methane gas has been determined, the owner or operator has a schedule and corrective action plan approved by the division for returning the site to compliance within six months of the director's approval of the corrective action plan. If the owner or operator cannot demonstrate that the site can be returned to compliance within said sixmonth period, the director shall not issue a permit to expand the site vertically but shall order the facility to prepare a final closure plan, including the cessation of waste receipt within six months of the final effective date of the order; and
(F) Where noncompliance with the standards for surface water, ground water, or methane gas may be determined and the permit has not been transferred to another person, the owner or operator has a remedial modification plan providing for the evacuation of all previously disposed waste from a permitted, unlined expansion site and redisposal of such waste into a conforming facility with a composite liner and leachate collection system. If noncompliance is determined, the director shall order the owner or operator to prepare a corrective action plan, which must be approved by the division, and such corrective action must be completed within the compliance time frame determined by the division. If the owner or operator cannot demonstrate that the site can be returned to compliance within such division compliance time frame, the director shall order the facility to prepare a final closure plan, including the cessation of waste receipt within 12 months of the final effective date of the order."

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1643

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

PENAL INSTITUTIONS - DEPARTMENT OF CORRECTIONS; AUTHORITY AND JURISDICTION REGARDING SUSPENDED OR PROBATED SENTENCES AND PRETRIAL AND DIVERSION PROGRAMS.
Code Section 17-10-3 Amended. Code Title 42, Chapter 8 Amended.
No. 926 (Senate Bill No. 474).
AN ACT
To amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide that the Department of Corrections shall not have jurisdiction to supervise probated or suspended misdemeanor cases, except as provided in this Act; to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to provide that the Department of Corrections shall not have jurisdiction to supervise probated or suspended sentences in misdemeanor cases, except as provided in this Act; to change provisions relating to probation fees; to amend Article 5 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to pretrial release and diversion programs, so as to provide that the Department of Corrections shall not have jurisdiction in pretrial and diversion programs for misdemeanor defendants; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, is amended by striking in its entirety Code Section 17-10-3, relating to probation supervision of misdemeanor sentences, and inserting in lieu thereof the following:
"17-10-3.
(a) Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished as follows:

'~

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) By a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both;
(2) By confinement under the jurisdiction of the Board of Corrections in a state probation detention center or diversion center pursuant to Code Sections 42-8-35.4 and 42-8-35.5, for a determinate term of months which shall not exceed a total term of 12 months; or
(3) If the crime was committed by an inmate within the confines of a state correctional institution, by confinement under the jurisdiction of the Board of Corrections in a state correctional institution or such other institution as the Department of Corrections may direct for a term which shall not exceed 12 months.
(b) Either the punishment provided in paragraph (1) or (2) of subsection (a) of this Code section, but not both, may be imposed in the discretion of the sentencing judge. Misdemeanor punishment imposed under either paragraph may be subject to suspension or probation. The sentencing courts shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences under paragraph (1) of subsection (a) of this Code section at any time, but in no instance shall any sentence under the paragraph be modified in a manner to place a county inmate under the jurisdiction of the Board of Corrections, except as provided in paragraph (2) of subsection (a) of this Code section.
(c) In all misdemeanor cases in which, upon convictiOn, a six-month sentence or less is imposed, it is within the authority and discretion of the sentencing judge to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. A weekend term shall be counted as serving two days of the full sentence. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence.
(d) In addition to or instead of any other penalty provided for the punishment of a misdemeanor involving a traffic offense, or punishment of a municipal ordinance involving a traffic offense, with the exception of habitual offenders sentenced under Code Section 17-10-7, a judge may impose any one or more of the following sentences:

GEORGIA LAWS 2000 SESSION

1645

(1) Reexamination by the Department of Public Safety when the judge has good cause to believe that the convicted licensed driver is incompetent or otherwise not qualified to be licensed;

(2) Attendance at, and satisfactory completion of, a driver improvement course meeting standards approved by the court;

(3) Within the limits of the authority of the charter powers of a municipality or the punishment prescribed by law in other courts, imprisonment at times specified by the court or release from imprisonment upon such conditions and at such times as may be specified; or

(4) Probation or suspension of all or any part of a penalty upon such terms and conditions as may be prescribed by the judge. The conditions may include driving with no further motor vehicle violations during a specified time unless the driving privileges have been or will be otherwise suspended or revoked by law; reporting periodically to the court or a specified agency; and performing, or refraining from performing, such acts as may be ordered by the judge.

(e) Any sentence imposed under subsection (d) of this Code section shall be reported to the Department of Public Safety as prescribed by law.

(f) The Department of Corrections shall lack jurisdiction to supervise misdemeanor offenders, except when the sentence is made concurrent to a probated felony sentence. Except as provided in this subsection, the Department of Corrections shall lack jurisdiction to confine misdemeanor offenders.

(g) This Code section will have no effect upon any offender convicted of a misdemeanor offense prior January 1, 2001, and sentenced to confinement under the jurisdiction of the Board of Corrections or to the supervision of the Department of Corrections."

SECTION 2.

Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, is amended by striking in their entirety Code Sections 42-8-22, relating to the creation of the state-wide probation system, and 42-8-23, relating to the administration of supervision of probations by the Department of Corrections, and subsection (d) of Code Section 42-8-34, relating to hearings and determinations of probation and probation fees, and inserting in lieu thereof the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"42-8-22.

There is created a state-wide probation system for felony offenders to be administered by the Department of Corrections. The probation system shall not be administered as part of the duties and activities of the State Board of Pardons and Paroles. Separate files and records shall be kept with relation to the system.

42-8-23.

The department shall administer the supervision of felony probationers. Nothing in this Code section shall alter the relationship between judges and probation supervisors prescribed in this article."

"(d) (1) In every case that a court of this state or any other state sentences a defendant to probation or any pretrial release or diversion program under the supervision of the department, in addition to any fine or order of restitution imposed by the court, there shall be imposed a probation fee as a condition of probation, release, or diversion in the amount equivalent to $23.00 per each month under supervision, and in addition, a one-time fee of $50.00 where such defendant was convicted of any felony. The probation fee may be waived or amended after administrative process by the department and approval of the court, or upon determination by the court, as to the undue hardship, inability to pay, or any other extenuating factors which prohibit collection of the fee; provided, however, that the imposition of sanctions for failure to pay fees shall be within the discretion of the court through judicial process or hearings. Probation fees shall be waived on probationers incarcerated or det:J.ined in a departmental or other confinement facility which prohibits employment for wages. All probation fees collected by the department shall be paid into the general fund of the state treasury, except as provided in subsection (f) of Code Section 17-15-13, relating to sums to be paid into the Georgia Crime Victims Emergency Fund.

(2) In addition to any other provision of law, any person convicted of a violation of Code Section 40-6-391 or subsection (b) of Code Section 1613-2 who is sentenced to probation or a suspended sentence by a municipal, magistrate, probate, state, or superior court shall also be required by the court to pay a one-time fee of $25.00. The clerk of court, or if there is no clerk the person designated to collect fines, fees, and forfeitures for such court, shall collect such fee and remit the same to the general fund of the state treasury not later than the tenth day of the month after such fee is collected and shall be subject to rule and attachment in the same manner as clerks of superior court for failure to so collect and remit."

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1647

SECTION 3.

Article 5 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to pretrial release and diversion programs, is amended by striking Code Section 42-8-80, relating to establishment and operation of such programs, and inserting in lieu thereof the following:

"42-8-80.

The Department of Corrections shall be authorized to establish and operate pretrial release and diversion programs as rehabilitative measures for persons charged with felonies for which bond is permissible under the law in the courts of this state prior to conviction; provided, however, that no such program shall be established in a county without the unanimous approval of the superior court judges, the district attorney, and the sheriff of such county. The Board of Corrections shall promulgate rules and regulations governing any pretrial release and diversion programs established and operated by the department and shall grant authorization for the establishment of such programs based on the availability of sufficient staff and resources."

SECTION 4.

Said article is further amended by striking in its entirety Code Section 42-8-81, relating to release of persons charged to diversion programs, and inserting in lieu thereof the following:

"42-8-81.

The court in which a person is charged with a felony for which bond is permissible under the law may, upon the application by the person so charged, at its discretion release the person prior to conviction and upon recognizance to the supervision of a pretrial release or diversion program established and operated by the Department of Corrections after an investigation and upon recommendation of the staff of the pretrial release or diversion program. In no case, however, shall any person be so released unless after consultation with his or her attorney or an attorney made available to the person if he or she is indigent that person has voluntarily agreed to participate in the pretrial release or diversion program and knowingly and intelligently has waived his or her right to a speedy trial for the period of pretrial release or diversion."

SECTION 5.

This Act shall become effective on January 1, 2001.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

AGRICULTURE - ORGANIC FOOD AND FEED; CERTIFICATION AND LABELING.
Code Title 2, Chapter 21 Enacted.
No. 927 (Senate Bill No. 477).
AN ACT
To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the certification and labeling of organic food and feed; to provide a short title; to provide definitions; to provide for regulation of identification, advertisement, promotion, labeling, and packaging of organic food and feed; to provide for regulation and standards for production, distribution, and processing practices; to prohibit the use of the words "certified organic by" in the advertising, promotion, packaging, or labeling of food or feed ingredients, articles, commodities, or products except under certain conditions; to prohibit certain substitutions and commingling; to provide for labeling of organic food or feed ingredients, articles, commodities, and products; to provide for inspections and analyses; to provide for fees; to provide for rules and regulations; to provide for practices and procedures; to provide for appeals; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by adding at the end thereof a new Chapter 21 to read as follows:
"CHAPTER 21
2-21-1.
This chapter shall be known and may be cited as the 'Georgia Organic Certification and Labeling Act.'
2-21-2.
As used in this chapter, the term:

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1649

(1) 'Certification' means the verification of authentic organic practices in the production or processing of organic food or feed and is an annual process by which the producer or processor of fresh, wholesale, or retail organic food or feed receives written certification from the department or a department approved certifying entity that, through the on-site inspection of the production, storage, processing, transportation, distribution, and required audit trail practices used by an organic producer or processor, consumers are assured that organic food or feed is produced and processed in compliance with Code Section 2-21-3. For purposes of complying with Code Section 2-21-3, certification does not require membership in nor imply a contractual agreement to produce or process organic food or feed for a certifying organic organization, business, firm, or individual. However, certification or the use of organic labeling shall require the maintenance of records and documentation verifying full compliance with the organic standards. All records shall be made available to the department or an approved certifying entity upon request.

(2) 'Certifying entity' means any organization, business, firm, or individual that:

(A) Has standards for certification of organic food or feed production or processing which meet or exceed standards set by the department and which are approved in writing by the Commissioner or his or her designee; and

(B) Meets such education, experience, financial, and ethical standards as are set by rules promulgated by the Commissioner and meets the requirements of Chapter 5 of this title.

(3) 'Commissioner' means the Commissioner of Agriculture of this state.

(4) 'Department' means the Georgia Department of Agriculture.

(5) 'Feed' means any article or substance normally intended to be consumed by animals for physical subsistence and health.

(6) 'Food' means any article or substance normally intended to be consumed by humans for physical subsistence and health.

(7) 'Organic' means an agriculture management system that enhances biodiversity, biological cycles, and soil biological activity to produce agricultural commodities and foster human and environmental health.

2-21-3.

(a) Upon testing, any agricultural ingredient, article, commodity, or product which is identified, labeled, advertised, packaged, or promoted as organic shall contain no more than 5 percent of a level established as toxic by the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

United States Food and Drug Administration, the United States Environmental Protection Agency, the Environmental Protection Division of the Department of Natural Resources, or the United States Department of Agriculture.

(b) Producers, brokers, distributors, and processors of an organic food or feed product which is identified, advertised, promoted, labeled, or packaged as organic shall keep accurate records of all purchasing, shipping, and storage practices which transpired while any organic commodity or product was in the possession of a producer, broker, distributor, or processor. Accurate records shall include the location at which such organic commodity or product originated.

(c) Upon the effective date of this chapter, any qualifying organic production, distribution, or processing practices shall be deemed eligible for certification upon approval by the department. The department shall review any organic production, distribution, or processing practice which began prior to the effective date of this chapter and may approve certification if such practice meets the requirements as set forth in this chapter and the standards adopted by the department.

2-21-4.

(a) No person may use the words 'certified organic by' in the identification, advertising, promotion, packaging, or labeling of a food or feed ingredient, article, commodity, or product unless that ingredient, article, commodity, or product complies with the requirements of Code Section 2-21-3 and unless the producer, distributor, or processor has a certification in good standing from the department.

(b) No person who produces, processes, distributes, or transports an advertised, promoted, identified, tagged, stamped, packaged, or labeled organic food or feed ingredient, article, commodity, or product may substitute or commingle any ingredient, article, commodity, or product which does not comply with Code Section 2-21-3.

(c) Any fresh, wholesale or retail organic food or feed ingredient, article, commodity, or product shall be tagged, stamped, labeled, crated, bagged, packaged, or be in any other standardized form which complies with state and federal regulations pertaining to inspection, identity, contents, weight, measure, and grade and must bear the official seal of the certifying entity which provides certification of the organic production, distribution, or processing practices for such organic food or feed ingredient, article, commodity, or product.

(d) Any food or feed ingredient, article, commodity, or product labeled as organic must be certified by the department or a department approved certifying entity as meeting the requirements of this chapter prior to being sold in the State of Georgia after July 1, 2000.

GEORGIA LAWS 2000 SESSION

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2-21-5.

(a) The department or a department approved certifying entity may inspect at any reasonable time any area where food or feed identified, labeled, advertised, packaged, or promoted as organic food or feed is produced, processed, stored, distributed, transported, or sold.

(b) The department or a department approved certifying entity may require a laboratory analysis for the purpose of substantiating the standard of identity of any organic ingredient, article, commodity, or product.

2-21-6.
(a) The Commissioner shall promulgate rules and regulations fixing and establishing reasonable definitions and standards for organic food and feed commodities or products being produced or sold within the State of Georgia.

(b) The Commissioner may adopt, by reference, pursuant to Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act,' regulations for production, handling, and marketing of organically produced agricultural products as set forth by the United States Department of Agriculture.

(c) The Commissioner is authorized by rule or regulation to adopt fees which may be charged, collected, and retained by certifying entities as compensation for the services of such certifying entities under the provisions of this chapter.

(d) The Commissioner is authorized to adopt reasonable rules and regulations necessary to carry out this chapter, to provide for the approval of certifying entities, and to provide for the certification of organic food and feed.

2-21-7.
Any person, producer, broker, distributor, or processor of an organic food or feed product which is adversely affected by any action of an approved certifying entity shall have the right to appeal to the Commissioner. Such appeal and any further proceedings shall be subject to Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act.'

2-21-8.

Any person who violates any provision of this chapter shall be guilty of a misdemeanor."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

COURTS - BRAIN AND SPINAL INJURY TRUST FUND; FINES DEPOSITED IN FUND.
Code Section 15-21-149 Amended.
No. 928 (Senate Bill No. 480).
AN ACT
To amend Article 9 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Fund, so as to change the courts required to impose fines for deposit in that fund; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 9 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Fund, is amended by striking Code Section 15-21-149, relating to fines to be deposited in that fund, and inserting in its place the following:
"15-21-149.
(a) In every case in which any court in this state shall impose a fine, which shall be construed to include costs, for any violation of Code Section 40-6391, relating to driving under the influence of alcohol or drugs, or for violations of ordinances of political subdivisions which have adopted by reference Code Section 40-6-391, there shall be imposed as an additional penalty a sum equal to 10 percent of the original fine.
(b) Such sums shall be in addition to any amount required to be paid into any pension, annuity, or retirement fund under Title 47 or any other law and in addition to any other amounts provided for in this chapter."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Approved May 1, 2000.

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1653

ALCOHOLIC BEVERAGES - SALES NEAR HOUSING AUTHORITY PROPERTY
Code Section 3-3-21 Amended.
No. 929 (Senate Bill No. 485).
AN ACT
To amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, or other sites, so as to provide that no person knowingly and intentionally may sell any alcoholic beverages for consumption on the premises within 100 yards of any housing authority property; to define a certain term; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, or other sites, is amended by adding at the end thereof a new subsection (e) to read as follows:
"(e) (1) As used in this subsection, the term 'housing authority property' means any property containing 300 housing units or fewer owned or operated by a housing authority created by Article 1 of Chapter 3 of Title 8, the 'Housing Authorities Law.'
(2) No person knowingly and intentionally may sell any alcoholic beverages for consumption on the premises within 100 yards of any housing authority property. This subsection shall not apply at any location for which a license has been issued prior to July 1, 2000, nor to the renewal of such license. Nor shall this subsection apply at any location for which a new license is applied for if the sale of alcoholic beverages for consumption on the premises was lawful at such location at any time during the 12 months immediately preceding such application."
SECTION 2.

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

Approved May 1, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

HIGHWAYS, BRIDGES, AND FERRIES - VEHICLES AND LOADS; DIMENSIONS AND WEIGHT; PERMITS FOR EXCESS.

Code Sections 32-6-24 and 32-6-28 Amended.

No. 930 (Senate Bill No. 496).

AN ACT

To amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to change certain provisions relating to length of vehicle and loads; to change certain provisions relating to permits for excess weight and dimensions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, is amended by striking Code Section 32-6-24, relating to length of vehicle and loads, and inserting in lieu thereof the following:

"32-6-24.

(a) As used in this article, the term:

(1) 'Bimodal semitrailer' means a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck tractor by which it is partly supported during movement over the highway and designed either with retractable flanged wheels or to attach to a detachable flanged wheel assembly for movement on the rails.

(2) 'Combination of vehicles' means a semitrailer pulled by a truck tractor or a semitrailer and trailer pulled by a truck tractor operating in a truck tractor-semitrailer-trailer combination.

(3) 'Semitrailer' means a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck tractor by which it is partly supported.

(4) 'STAA system' means the National Network and the Access Routes to the National Network as allowed under the federal Surface Transportation Assistance Act (STAA), as amended.

(5) 'Trailer' means a detachable load-carrying unit designed to be attached to a coupling at the rear of a semitrailer and capable of support in operation without the truck tractor.

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GEORGIA lAWS 2000 SESSION

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(6) 'Truck tractor' means the noncargo-carrying power unit that operates in combination with a semitrailer or trailer, except that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit.

(7) 'Extendable semitrailer' means a semitrailer that has been manufactured for the purpose of extending the frame to increase the overall length for the purpose of transporting single-piece loads.

(b) Unless exempted in Code Section 32-6-25 or so authorized by a permit issued pursuant to Code Section 32-6-28, the following length limits shall apply:

(1) Trailer and semitrailer lengths:

(A) Truck tractor-semitrailer-trailer combinations shall have trailers and semitrailers that do not exceed 28 feet in length;

(B) Truck tractor-semitrailer combinations shall have semitrailers that do not exceed 53 feet in length, unless signs are posted that indicate semitrailer length restrictions;

(C) On interstate and STAA system routes, single-piece loads may be transported on an extendable semitrailer that exceeds 53 feet, provided that no pieces will be loaded end to end and the semitrailer does not exceed 75 feet in length; on roads other than the interstate and STAA system routes, the foregoing provisions of this subparagraph shall also apply, except that the overall length shall not exceed 100 feet. Empty extendable semitrailers or extendable semitrailers transporting a singlepiece load of 53 feet or less shall be required to maintain a semitrailer length of 53 feet or less. When the semitrailer is extended as described in this subparagraph, the rear extremity of each extendable semitrailer or load shall be marked with a four-inch multidirectional amber strobe light and with 12 inch bright red or orange warning flags on the rearmost of the load or semitrailer;

(D) Maxi-cube combinations shall have a cargo box that does not exceed 34 feet, provided that the pair of cargo boxes together does not exceed 60 feet and the overall length, including the power unit, does not exceed 65 feet;

(E) Trailer and semitrailer length requirements in this paragraph shall not apply to automobile and boat transporters; however, no unit of the vehicle shall exceed 56 feet in length.

(2) Overall truck tractor-semitrailer or truck tractor-semitrailer-trailer lengths:

.......

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(A) Maxi-cube combinations shall have an overall length that does not exceed 65 feet;

(B) Saddlemount and saddlemount with fullmount combinations shall have an overall length that does not exceed 75 feet;

(C) All other combinations of truck tractor-semitrailer or truck tractorsemitrailer-trailer operated on roads other than interstate or the STAA system of roads shall have an overall length that does not exceed 100 feet, unless signs are posted that indicate length restrictions. This maximum length shall include the federal allowance for automobile and boat transporter loads to overhang up to three feet over the front of the vehicle and overhang up to four feet over the rear of the vehicle."
SECTION 2.
Said article is further amended by striking paragraph (2) of subsection (b) and paragraph (4) of subsection (c) of Code Section 32-6-28, relating to permits for excess weight and dimensions, and inserting in lieu thereof the following:

"(2)STAA ANNUAL PERMIT. Vehicles and loads that meet the requirements for an annual permit may apply for a special annual permit to carry wider loads on the STAA system of roads. The wider load limits shall be a maximum of 14 feet wide from the base of the load to a point 10 feet above the pavement and 14 feet and eight inches for the upper portion of the load."

"(4)SINGLE TRIP. Charges for the issuance of single-trip permits shall be as follows:

(A) Any load not greater than 16 feet wide, not greater than 16 feet high, and not weighing more than 150,000 pounds or any load greater than 100 feet long which does not exceed the maximum width, height,
and weight limits specified by this subparagraph .............. $ 30.00
(B) Any load having a width, height, or weight exceeding the maximum limit therefor specified in subparagraph (A) of this paragraph and not weighing more than 180,000 pounds . . . . . . . . . . . . . . . . . . . . . 125.00
(C) Any load having a weight exceeding the maximum limit therefor specified in subparagraph (B) of this paragraph . . . . . . . . . . . . . 500.00"
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Approved May 1, 2000.

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1657

PROFESSIONS AND BUSINESSES- CHARITABLE SOLICITATIONS; REGULATION; EXTENSIVE REVISION.
Code Title 43 Amended.
No. 932 (Senate Bill No. 499).

AN ACT
To amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, the "Georgia Charitable Solicitations Act of 1988," so as to provide for various matters relating to the registration and solicitation activities of charitable organizations and their paid solicitors and solicitor agents; to change the definition of the term "charitable organization" and define the terms "religious organization" and "solicitor agent"; to provide for the electronic filing of certain forms by paid solicitors; to require that an applicant for registration as a paid solicitor consent to a criminal background investigation in connection with his or her application; to change requirements relating to financial statements to be filed by paid solicitors; to establish a time limit for the Secretary of State to register applicants as paid solicitors or find that there are grounds for denial of registration; to provide that an applicant for registration as a paid solicitor may act as if registered after the expiration of such time limit unless and until the applicant is notified of deficiencies or grounds for denial of the application; to clarify the time in which amendments to a paid solicitor's registration must be made; to repeal a requirement relating to the Secretary of State's review of documents and providing notice of deficiencies to a paid solicitor; to change provisions relating to reporting by a paid solicitor regarding the results of a solicitation campaign; to require a paid solicitor to provide to a charitable organization detailed records regarding solicitation campaigns conducted on its behalf; to require persons who solicit contributions on behalf of charitable organizations as solicitor agents to register with the Secretary of State; to change the bonding requirements for registered paid solicitors; to provide for the electronic filing of registration statements by charitable organizations; to clarify the time in which amendments to a charitable organization's registration must be made; to change provisions relating to record keeping by registered charitable organizations; to provide that the Secretary of State may deny, suspend, or revoke registrations based on convictions for certain crimes relating to the person if the applicant or registrant proposes to be engaged in certain activities; to change a provision requiring the Secretary of State to vacate disciplinary actions imposed for failure to pay filing fees; to require solicitor agents to make certain disclosures to contributors; to require a paid solicitor to disclose that the solicitation is not being made by a volunteer; to change provisions relating to exemptions from compliance with the "Georgia Charitable Solicitations Act of 1988"; to make it unlawful for a paid solicitor to have physical possession or legal control of contributions without having complied

II

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GENERAL ACTS AND RESOLUTIONS, VOL. I

with certain requirements relating to financial statements and bonds; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 17 of Title 43 of the Official Code of Georgia Annotated, the "Georgia Charitable Solicitations Act of 1988," is amended in Code Section 43-17-2, relating to definitions, by striking paragraphs (2) and (12) through (13) and inserting in lieu thereof new paragraphs (2) and (12) through (15) to read respectively as follows:

"(2) 'Charitable organization' means any benevolent, philanthropic, patriotic, or eleemosynary (of, relating to, or supported by charity or alms) person, as that term is defined in this Code section, who solicits or obtains contributions solicited from the general public, any part of which contributions is used for charitable purposes; and any person who or which falsely represents himself or itself to be a charitable organization as defined by this paragraph. The term charitable organization shall not include a religious organization as defined in paragraph (12) of this Code section."

"(12) 'Religious organization' means an entity which:

(A) Conducts regular worship services; or

(B) Is qualified as a religious organization under Section 501 (c) (3) of the Internal Revenue Code of 1986, as amended.
(13) 'Solicitation,' 'solicitation of funds,' or 'solicit' means the request or acceptance directly or indirectly of money, credit, property, financial assistance, or any other thing of value to be used for any charitable purpose; and such act shall be a consumer act or practice or consumer transaction as defined by Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'

(14) 'Solicitor agent' means any person, other than a charitable organization, paid solicitor, or commercial coventurer, who or which solicits charitable contributions for compensation. The term 'solicitor agent' shall not include any person who is an employee of a charitable organization which is either registered or exempt from registration under this chapter and who is neither supervised by, nor whose activities are directed by, any paid solicitor or its agent.

(15) 'State' means any state, territory, or possession of the United States, the District of Columbia, Puerto Rico, and the Virgin Islands.''

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SECTION 2.

Said chapter is further amended by striking in its entirety Code Section 43-173, relating to the registration of paid solicitors, and inserting in lieu thereof a new Code Section 43-17-3 to read as follows:

"43-17-3.

(a) No paid solicitor shall solicit contributions on behalf of a charitable organization within or from this state, unless such paid solicitor is a registered paid solicitor pursuant to this Code section.

(b) A fundraising counsel who at any time has custody of contributions from a charitable solicitation on behalf of a charitable organization required to be registered pursuant to Code Section 43-17-5 must be registered as a paid solicitor and comply with the provisions of this Code section. Registration is not required for attorneys, accountants, investment counselors, and bankers who, solely incidental to their profession have custody of such funds pursuant to an escrow or trust agreement.

(c) (1) A paid solicitor shall register with the Secretary of State prior to engaging in any solicitation. Each registration shall expire on December 31 of each year and may be renewed for additional one-year periods upon application and the payment of the fee.

(2) Applications for registration may be made by any person and shall be accompanied by the registration fee set forth in subsection (d) of this Code section. Such application for registration shall be made in a manner prescribed by the Secretary of State, which may include, in whole or in part, electronic filing, shall be verified by the applicant, shall be filed with the Secretary of State, and shall contain the information and documents set forth in this paragraph and such other information as may be prescribed by rules and regulations promulgated by the Secretary of State:

(A) The name of the applicant;

(B) The address of the principal place of business of the applicant and the addresses of all branch offices of the applicant in this state;

(C) The form of business organization; the date of organization of the applicant; and if the business entity is a corporation or limited partnership, the date it qualified to do business in Georgia;

(D) The names and business addresses of all general partners, limited partners, directors, affiliates, or executive officers of the applicant; if the applicant is a limited liability company, the names and business addresses of all members of the limited liability company; a statement of the limitations, if any, of the liability of any general partner, limited

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GENERAL ACTS AND RESOLUTIONS, VOL. I

partner, director, member, affiliate, or executive officer; and a statement setting forth in chronological order the occupational activities of each such general partner, limited partner, director, member, affiliate, or executive officer during the preceding ten years;
(E) A brief description of the general character of the business conducted or proposed to be conducted by the applicant;
(F) A list of any other states in which the applicant is registered as a paid solicitor and, if registration of the applicant as a paid solicitor has ever been denied, revoked, suspended, or withdrawn or if such a proceeding is pending in any state, full details with respect thereto;
(G) Whether the applicant or any general partner, limited partner, director, member, affiliate, or executive officer of such applicant has ever been subject to any injunction or disciplinary proceeding by any state agency involving any aspect of fund raising or solicitation, has ever been convicted of or charged with a misdemeanor of which fraud is an essential element or which involved charitable fund raising, or has ever been convicted of or charged with a felony and, if so, all pertinent information with respect to such injunction, disciplinary proceeding, conviction, or charge;

(H) Whether the applicant or any general partner, limited partner, director, member, affiliate, or executive officer of such applicant has ever been subject to an order, consent order, or any other disciplinary or administrative proceeding pursuant to the unfair and deceptive acts and practices law of any state and, if so, all pertinent information with respect to such order or proceedings; and
(I) Written consent to a criminal background investigation for the purpose of verification by the Secretary of State of information provided in the application.
(3) If the paid solicitor will have physical possession or legal control over any contributions collected by it in or from this state on behalf of any charitable organization, the applicant shall attach to the application for registration as a paid solicitor a financial statement for the fiscal year of the applicant which ended within one year prior to the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the fiscal year preceding such last fiscal year. Such financial statement shall be prepared in accordance with generally accepted accounting principles.
(4) Within 15 business days after an applicant has fully complied with this subsection, the Secretary of State shall examine each paid solicitor's registration application, solicitation notice, and contract to determine whether

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the applicable requirements of this chapter relating to the same are satisfied and shall register such applicant as a paid solicitor unless he or she shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant as a paid solicitor, he or she shall immediately notify the applicant of such registration. In the event the Secretary of State has not notified the applicant of deficiencies or grounds for denial of the application within such period, the applicant may conduct himself or herself in a manner as if registered until and unless such applicant is so notified.

(5) If the Secretary of State finds that there are sufficient grounds to deny the registration of the applicant as provided in Code Section 43-17-7, he or she shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at his or her business address and to any charitable organization who proposes to employ such applicant.

(6) Every registration under this Code section shall expire on December 31 of each year. The registration of a paid solicitor must be renewed each year by the submission of a renewal application containing the information required in an application for registration, except to the extent that the Secretary of State by rule does not require the resubmission of such information which has previously been included in an application or renewal application previously filed; by the payment of the proper registration fee; and, if it would be required in the event of an initial application, by the filing of a financial statement as of a date within one year prior to the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the preceding fiscal year. Such financial statements shall be prepared in accordance with generally accepted accounting principles.
(7) The registration of a paid solicitor shall be amended within 30 days to reflect a change of name, address, principals, state of incorporation, or other changes which materially affect the business of the paid solicitor. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation.

(d) The fee for the initial registration of a paid solicitor shall be $250.00. The fee to amend the registration shall be $15.00. The annual renewal fee for a paid solicitor shall be $100.00.

(e) (1) There shall be a contract between a paid solicitor and a charitable organization which shall be in writing, shall clearly state the respective obligations of the paid solicitor and the charitable organization, and shall state the amount of the gross revenue from the solicitation campaign that

..

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GENERAL ACTS AND RESOLUTIONS, VOL. I

the charitable organization will receive. Such amount shall be expressed as a fixed percentage of the gross revenue or as a reasonable estimate of the gross revenue, subject to and in accordance with the provisions of paragraphs (2), (3), and (4) of this subsection.

(2) If the compensation of the paid solicitor is contingent upon the number of contributions or the amount of revenue received from the solicitation campaign, the stated amount shall be expressed as a fixed percentage of the gross revenue.

(3) If the compensation of the paid solicitor is not contingent upon the number of contributions or the amount of revenue received, the stated amount shall be a reasonable estimate, expressed as a percentage of the gross revenue, and the contract shall clearly disclose the assumptions upon which the estimate is based. The stated assumptions shall be based upon all the relevant facts known to the paid solicitor regarding the solicitation to be conducted as well as the past performance of solicitations conducted by the paid solicitor. If the stated amount is a reasonable estimate, rather than a fixed percentage of the gross revenue, the contract shall also provide that the charitable organization is guaranteed a percentage of the gross revenue which is no less than the reasonable estimate less 10 percent of the gross revenue.
(4) The stated percentages required by this subsection shall exclude any amount which the charitable organization is to pay as expenses of the solicitation campaign, including the cost of merchandise or services sold or events staged.

(f) Prior to the commencement of each solicitation campaign the paid solicitor shall file with the Secretary of State a completed 'solicitation notice' on forms prescribed by the Secretary of State. The Secretary of State may provide that said filing be made, in whole or in part, through electronic means. The solicitation notice shall include a copy of the contract described in subsection (e) of this Code section, the projected dates when soliciting will commence and terminate, the location and telephone number from which the solicitation will be conducted, the name and residence address of each person responsible for directing and supervising the conduct of the campaign, a statement as to whether the paid solicitor will at any time have custody of contributions, and a full and fair description of the charitable program for which the solicitation campaign is being carried out.
(g) Within 30 days after a solicitation campaign has been completed, and on the anniversary of the commencement of a solicitation campaign lasting more than one year, the paid solicitor shall account to the charitable organization with whom it has contracted and to the Secretary of State for all con-

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tributions collected and expenses paid. The accounting shall be in writing, shall be retained by the charitable organization for three years, and shall contain the following information:

(1) The total gross receipts;

(2) A description of how the gross receipts were distributed, including an itemized list of all expenses, commissions, and other costs of the fundraising campaign and the net amount paid to the charitable organization for its charitable purposes after payment of all fundraising expenses, commissions, and other costs; and

(3) The signature of the charitable organization and such other information as the Secretary of State by rule may require.

The original of the report shall be forwarded to the charitable organization within the time prescribed above, and a copy shall be filed simultaneously with the Secretary of State.

(h) Each contribution collected by the paid solicitor shall, in its entirety and within ten days of its receipt, be deposited in an account at a bank or other federally insured financial institution. The account shall be in the name of the charitable organization with whom the paid solicitor has contracted and the charitable organization shall have sole control of all withdrawals from the account.

(i) (1) The paid solicitor shall maintain during each solicitation campaign and for not less than three years after its completion, the following records:

(A) The name and, if known to the paid solicitor, the address of each person pledging to contribute together with the date and amount of the pledge;

(B) The name and residence address of each employee, agent, or other person, however styled, involved in the solicitation;

(C) A record of all contributions at any time in the custody of the paid solicitor;

(D) A record of all expenses incurred by the paid solicitor for which the charitable organization is liable for payment;

(E) The location and account number of all bank or other financial institution accounts in which the paid solicitor has deposited revenue from the solicitation campaign; and

(F) Such other records as may be prescribed by the Secretary of State by rule and regulation.

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(2) If the paid solicitor sells tickets to an event and represents that tickets will be donated for use by another, the paid solicitor shall also maintain for the same period as specified in paragraph (1) of this subsection:
(A) The name and address of those contributors donating tickets and the number of tickets donated by each contributor; and
(B) The name and address of all organizations receiving donated tickets for use by others, including the number of tickets received by each organization.
(3) All records of such paid solicitor are subject to such reasonable periodic, special, or other examinations by representatives of the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate in the public interest or for the protection of the public, provided that the Secretary of State shall not disclose this information except to the extent he or she reasonably deems necessary for investigative or law enforcement purposes.
(j) Not later than 30 days following the end of each solicitation campaign, the paid solicitor shall provide to the charitable organization, at no cost, a copy of all records described in subsection (i) of this Code section. In the event any such campaign exceeds six months in length, such records shall be provided, in addition, not less that 30 days following the end of each sixmonth period."
SECTION 3.
Said chapter is further amended by adding a new Code Section 43-17-3.1 to read as follows:
"43-17-3.1.
(a) No solicitor agent shall solicit contributions on behalf of a charitable organization within or from this state, unless such solicitor agent is a registered solicitor agent pursuant to this Code section and is affiliated through employment or as an independent contractor pursuant to a written agreement with a paid solicitor or charitable organization which is either registered or exempt from registration.
(b) (1) A solicitor agent shall register with the Secretary of State prior to engaging in any solicitation. Each registration shall expire on December 31 of each year and may be renewed for additional one-year periods upon application and the payment of the fee.
(2) Applications for registration may be made by any person and shall be accompanied by the registration fee set forth in subsection (c) of this Code section. Such application for registration shall be made in a manner prescribed by the Secretary of State, which may include, in whole or

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in part, electronic filing, shall be verified by the applicant, shall be filed with the Secretary of State, and shall contain the information and documents set forth in this paragraph and such other information as may be prescribed by rules and regulations promulgated by the Secretary of State:
(A) The name of the applicant;

(B) The address of each place of business of the applicant;

(C) The name and address of the paid solicitor or charitable organization with which the solicitor agent will be affiliated by employment or as an independent contractor;

(D) If the solicitor agent is to be an independent contractor, a copy of the contract setting forth the terms and conditions thereof;

(E) A list of any other states in which the applicant is registered as a paid solicitor agent and, if any registration of the applicant under the charitable solicitation law of any state has ever been denied, revoked, suspended, or withdrawn or if such a proceeding is pending in any state, full details with respect thereto;

(F) Whether the applicant has ever been subject to any InJUnction or disciplinary proceeding by any state agency involving any aspect of fund raising or solicitation, has ever been convicted of or charged with a misdemeanor of which fraud is an essential element or which involved charitable fund raising, or has ever been convicted of or charged with a felony and, if so, all pertinent information with respect to such injunction, disciplinary proceeding, conviction, or charge;

(G) Whether the applicant has ever been subject to an order, consent order, or any other disciplinary or administrative proceeding pursuant to the unfair and deceptive acts and practices law of any state and, if so, all pertinent information with respect to such order or proceedings; and

(H) Written consent to a criminal background investigation for the purpose of verification by the Secretary of State of information provided in the application.

(3) Within 15 business days after an applicant has fully complied with this subsection, the Secretary of State shall register such applicant as a solicitor agent unless he or she shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant, he or she shall immediately notifY the applicant of such registration. In the event the Secretary of State has not notified the appli-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

cant of deficiencies or grounds for denial of the application within such period, the applicant may conduct itself in a manner as if registered until and unless it is so notified.

(4) If the Secretary of State finds that there are sufficient grounds to deny the registration of the applicant as provided in Code Section 43-17-7, he or she shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at his or her business address and to any charitable organization or paid solicitor who proposes to employ such applicant.

(5) Every registration under this Code section shall expire on December 31 of each year. The registration of a solicitor agent must be renewed each year by the submission of a renewal application containing the information required in an application for registration, except to the extent that the Secretary of State by rule does not require the resubmission of such information which has previously been included in an application or renewal application previously filed, and by the payment of the proper registration fee.

(6) The registration of a solicitor agent shall be promptly amended to reflect a change of name or address or other changes in the information previously provided to the Secretary of State. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation.

(c) The fee for the initial registration of a solicitor agent shall be $50.00. The fee to amend the registration shall be $15.00. The annual renewal fee for a paid solicitor shall be $50.00."

SECTION 4.

Said chapter is further amended in Code Section 43-17-4, relating to bonding requirements for registered paid solicitors, by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) An applicant for registration as a paid solicitor who will have physical possession or legal control over any contributions collected by it in or from this state on behalf of any charitable organizations shall file with the Secretary of State a bond satisfactory to the Secretary of State in the sum of $10,000.00 payable to the State of Georgia for the use of all interested persons and conditioned upon the faithful compliance by the principal with any and all provisions of this chapter and any regulations and orders issued by the Secretary of State. Such an applicant for renewal of registration as a paid solicitor shall also file such bond. Except as otherwise provided in subsection (b) of this Code section, the Secretary of State shall not register such an applicant or renew the registration of such an applicant until such

i

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bond is filed as provided in this subsection. Any such bond may be canceled by the principal or surety by giving notice to the Secretary of State, but such cancellation shall not affect any cause of action accruing thereon prior to cancellation and such cancellation shall result in automatic cancellation of the principal's registration until a new bond satisfactory to the Secretary of State is filed. Any action on such bond must be brought within two years after accrual of the cause of action. The amount prescribed in this subsection for the bond required of a paid solicitor shall be construed as being the aggregate liability recoverable against such bond, regardless of the number of claimants, and shall not be construed as individual liability."

SECTION 5.

Said chapter is further amended in Code Section 43-17-5, relating to the registration of charitable organizations, by striking paragraphs (2) and (10) of subsection (b) and inserting in lieu thereof new paragraphs (2) and (10) to read as follows:

"(2) A registration statement, which the Secretary of State may require to be in whole or in part an electronic filing, shall be signed by an authorized executive officer of the charitable organization and shall contain the following information:

(A) The name under which the charitable organization intends to solicit contributions;

(B) The names and addresses of officers, directors, trustees, and executive personnel and, in the case of a state-wide parent organization, the communities in which the chapters, branches, or affiliates are located and their directors;

(C) The names and addresses of any fundraising counsel or paid solicitor who acts or will act on behalf of the charitable organization, together with a statement setting forth the terms of the arrangements for salaries, bonuses, commissions, or other remuneration to be paid to the fundraising counsel or paid solicitor;

(D) The general purposes for which the charitable organization is organized;

(E) The purposes for which the contributions to be solicited will be used;

(F) The period of time during which the solicitation will be made;

(G) The method of solicitation; and

(H) Such other information as the Secretary of State may require."

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"(10) The registration of a charitable organization shall be amended within 30 days to reflect a change of name, address, principals, state of incorporation, corporate forms (including a merger of two charitable organizations), or other changes which materially affect the business of the charitable organization. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation."
SECTION 6.

Said chapter is further amended in Code Section 43-17-5, relating to the registration of charitable organizations, by striking subsection (d) and inserting in lieu thereof new subsections (d), (e), and (f) to read as follows:

"(d) A charitable organization shall maintain for not less than three years a record of all contributions including, but not limited to, the name and address of each contributor giving $25.00 or more directly or indirectly to the charitable organization, the date and amount of the contribution, and the location and account number of all bank or other financial institution accounts in which the charitable organization has deposited contributions.

(e) All records of charitable organizations which relate to charitable solicitations or charitable contributions are subject to such reasonable periodic, special, or other examinations by representatives of the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate in the public interest or for the protection of the public, provided that the Secretary of State shall not disclose this information except to the extent he or she deems reasonably necessary for investigative or law enforcement purposes.

(f) A charitable organization shall maintain for not less than three years at an office located in Georgia or, if it has no office in Georgia, its principal office all records provided to it by any paid solicitor relating to any solicitation campaign. The charitable organization shall notify the Secretary of State of the address of the office at which such records are kept."

SECTION 7.

Said chapter is further amended in Code Section 43-17-7, relating to the denial, suspension, or revocation of registration, by striking subsections (a) and (b) and inserting in lieu thereof new subsections (a) and (b) to read as follows:

"(a) The Secretary of State, by order, may deny, suspend, or revoke a registration, limit the fundraising activities that an applicant or registered person may perform in this state, bar an applicant or registered person from association with a paid solicitor or charitable organization, or bar a person who is a partner, officer, director, or employee of, or a member of a limited liability company which is, an applicant or registered person from employment

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with a paid solicitor or charitable organization if the Secretary of State finds that the order is in the public interest and that the applicant, registered person, or such other person:
(1) Has filed an application for registration with the Secretary of State which, as of its effective date or any date after filing in the case of an order denying effectiveness, was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact;

(2) Has willfully violated or failed to comply with this chapter, a prior enactment, or a rule promulgated by the Secretary of State under this chapter or a prior enactment;

(3) Is the subject of an adjudication or determination, after notice and opportunity for hearing, within the last five years by a state or federal agency or a court of competent jurisdiction that the person has violated the charitable organizations regulatory act or the unfair and deceptive acts and practices law of any state, but only if the acts constituting the violation of that state's law would constitute a violation of this chapter had the acts occurred in this state;

(4) Within the last ten years has been convicted of a felony or misdemeanor which the Secretary of State finds:

(A) Involves the solicitation or acceptance of charitable contributions or the making of a false oath, the making of a false report, bribery, perjury, burglary, or conspiracy to commit any of the foregoing offenses;
(B) Arises out of the conduct of solicitation of contributions for a charitable organization;

(C) Involves the larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds;

(D) Involves murder or rape; or

(E) Involves assault or battery if such person proposes to be engaged in counseling, advising, housing, or sheltering individuals;

(5) Is permanently or temporarily enjoined by a court of competent jurisdiction from acting as a charitable organization, paid solicitor, or as an affiliated person or employee of such;

(6) Is the subject of an order of the Secretary of State denying, suspending, or revoking the person's registration as a charitable organization or paid solicitor;

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(7) Has violated a law or any rule or regulation of this state, any other state, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which law or rule or regulation relates to or in part regulates charitable organizations or paid solicitors regulated under this chapter, when the charitable organization or paid solicitor knows or should know that such action is in violation of such law, rule, or regulation; or

(8) Has failed to pay the proper filing fee within 30 days after being notified by the Secretary of State of a deficiency, but the Secretary of State may provide for the reinstatement of the registration or the suspension of a fine or penalty at such time as the deficiency is corrected.

(b) The Secretary of State may not begin a proceeding solely on the basis of a fact or transaction known to the Secretary of State when the registration became effective unless the proceeding is begun within 90 days after effectiveness of the registration."

SECTION 8.

Said chapter is further amended by striking in its entirety Code Section 43-178, relating to disclosures to be made by charitable organizations and paid solicitors, and inserting in lieu thereof a new Code Section 43-17-8 to read as follows:

"43-17-8.

Every charitable organization, paid solicitor, or solicitor agent required to be registered under this Code section and soliciting in this state shall include the following disclosures at the point of solicitation:

(1) The name and location of the paid solicitor and solicitor agent, if any;
(2) The name and location of the charitable organization for which the solicitation is being made;

(3) That the following information will be made available upon request:

(A) A full and fair description of the charitable program for which the solicitation campaign is being carried out and, if different, a full and fair description of the programs and activities of the charitable organization on whose behalf the solicitation is being carried out; and
(B) A financial statement or summary which shall be consistent with the financial statement required to be filed with the Secretary of State pursuant to Code Section 43-17-5; and

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(4) If made by a solicitor agent or paid solicitor, that the solicitation is being made by a paid person on behalf of the charitable organization and not by a volunteer."

SECTION 9.

Said chapter is further amended in Code Section 43-17-9, relating to exemptions from the requirements of said chapter, by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) The following persons are exempt from the provisions of Code Sections 43-17-5, 43-17-6, and 43-17-8:

(1) Educational institutions and those organizations, foundations, associations, corporations, charities, and agencies operated, supervised, or controlled by or in connection with a nonprofit educational institution, provided that any such institution or organization is qualified under Section 501 (c) of the Internal Revenue Code of 1986, as amended;

(2) Business, professional, and trade associations and federations which do not solicit members or funds from the general public;

(3) Fraternal, civic, benevolent, patriotic, and social organizations, when solicitation of contributions is carried on by persons without any form of compensation and which solicitation is confined to their membership;

(4) Persons requesting any contributions for the relief of any other individual who is specified by name at the time of the solicitation if all of the contributions collected, without any deductions whatsoever, are turned over to the named beneficiary; provided, however, that any such person who collects contributions in excess of $5,000.00 in order to claim benefit of this exemption shall file with the Secretary of State a written accounting of funds so collected on forms prescribed by the Secretary of State at the end of the first 90 days of solicitation and, thereafter, at the end of every subsequent 90 day period until said solicitation is concluded;

(5) Any charitable organization whose total gross revenue has been less than $25,000.00 for both the immediately preceding and current calendar years or which is exempt from filing a federal annual information return pursuant to Section 6033 (a) (2) (A) (i) and (iii) of the Internal Revenue Code and Section 6033(a) (2) (C) (i) of the Internal Revenue Code;

(6) Any local or state-wide organization of hunters, fishermen, and target shooters which has been recognized as an organization described in Section 501(c)(3) or Section 501(c)(4) of the Internal Revenue Code, as amended, or the corresponding provisions of any future federal revenue law;

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(7) Religious organizations; or

(8) Political parties, candidates for federal or state office, and political action committees required to file financial information with federal or state elections commissions."

SECTION 10.

Said chapter is further amended in Code Section 43-17-12, relating to prohibited acts, by striking in its entirety subsection (b) and inserting in lieu thereof a new subsection (b) and by adding at the end thereof a new subsection (e), to read respectively as follows:

"(b) It shall be unlawful for any person who is registered as, or making application for registration as, a solicitor agent or paid solicitor or charitable organization or is an affiliate of such registrant or applicant knowingly to cause to be made, in any document filed with the Secretary of State or in any proceeding under this chapter, any statement which is, at the time it is made and in light of the circumstances under which it is made, false or misleading in any material respect."

"(e) It shall be unlawful for any paid solicitor to have physical possession or legal control of a contribution collected by it in or from this state on behalf of any charitable organization without having complied with the requirements of paragraph (3) or (6) of subsection (c) of Code Section 43-17-3, as applicable, and Code Section 43-17-4."

SECTION 11.

This Act shall become effective on July 1, 2000. SECTION 12.
All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

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CONSERVATION AND NATURAL RESOURCES - SOIL EROSION AND SEDIMENT CONTROL; PROJECTS OF DEPARTMENT OF TRANSPORTATION OR STATE TOLLWAY AUTHORITY

Code Section 12-7-7.1 Enacted. Code Section 12-7-17 Amended.

No. 933 (Senate Bill No. 524).

AN ACT
To amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to provide for erosion and sediment control plans for certain construction or maintenance projects of the Department of Transportation or the State Tollway Authority; to provide for an Erosion and Sediment Control Overview Council and the appointment, powers, duties, and compensation of members thereof; to change certain provisions relating to exemptions from the applicability of provisions of said chapter; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, is amended by adding a new Code Section 12-7-7.1 to read as follows:
"12-7-7.1.

(a) As used in this Code section, the term 'contractor' means the individual, firm, corporation, or combination thereof or governmental organization contracting with the Department of Transportation or State Tollway Authority for the performance of prescribed work.

(b) (1) In addition to the requirements of Code Section 12-7-6, the Department of Transportation or the State Tollway Authority after July 1, 2000, shall not contract for land-disturbing activity on any construction or maintenance project that will disturb five or more contiguous acres of land until an erosion and sediment control plan for such project has been prepared and accepted pursuant to this Code section.

(2) Through its own forces or by means of the acquisition of professional service pursuant to the provisions of Chapter 22 of Title 50, the Department of Transportation or the State Tollway Authority shall be responsible for the preparation of an erosion and sediment control plan for any construction or maintenance project as required by paragraph (1) of this subsection. Any consultant providing such professional service shall be prequalified by the Department of Transportation as a responsible bidder for

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the design of erosion and sediment control plans. The division shall assist the Department of Transporation in developing the prequalification approval process for purposes of this subsection.

(c) Upon completion of a proposed plan, the same shall be submitted to the division for review and comment.

(d) (1) All bidders for any construction or maintenance project subject to this Code section shall review and submit with their bid proposal a cost estimate as a separate bid for the implementation of the plan, it being understood that the contractor may utilize either its own personnel and resources, qualified subcontractors, or both for implementation of the plan. All contractors and subcontractors for such project shall be prequalified by the Department of Transportation as a responsible bidder for the installation of erosion and sediment control devices in accordance with a plan. The division shall assist the Department of Transportation in developing the prequalification approval process for purposes of this subsection.

(2) The contractor for a construction or maintenance project subject to this Code section shall be responsible for implementing the plan on the awarded project. Payment to any contractor under any contract for implementing any part or all of any plan shall not be on a lump sum basis; rather, such payment shall be based upon unit prices for specific quantities of work performed pursuant to the approved erosion and sediment control plan plus any additional quantities of completed work necessitated by project conditions affecting erosion and sediment control, including without limitation soil types and weather conditions. Charges for all maintenance and cleaning of erosion and sediment control devices shall likewise be paid on a unit price basis.
(e) (1) Through the services of independent consultants or by its own forces, the Department of Transportation shall monitor the water quality and inspect the installation and maintenance of the best management practices in accordance with the plan. All such consultants shall be prequalified by the Department of Transportation as a responsible bidder for the inspection of such best management practices and shall have the necessary expertise to determine that such practices are being installed and maintained in accordance with the plan. The division shall assist the Department of Transportation in developing the prequalification approval process for purposes of this subsection.

(2) Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the director or to any other allegation of noncompliance with paragraph (2) of subsection (a) of Code Section 12-7-6.

GEORGIA lAWS 2000 SESSION

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(3) If deficiencies in the plan or installation or maintenance of best management practices are discovered during the inspection, the Department of Transportation or the State Tollway Authority shall determine the appropriate corrective action. Further, the Department of Transportation or State Tollway Authority may require the consultant to amend the plan or the contractor to change its procedures by change order or supplemental agreement in order to institute such changes as may be necessary to correct any errors or deficiencies in the plan, the implementation of the plan, or the maintenance of the best management practices.

(4) The division, the Department of Transportation, or the State Tollway Authority shall control or coordinate the work of its employees inspecting any project so as to prevent any delay of, interference with, or hindrance to any contractor performing land-disturbing activity on any project subject to the provisions of this Code section.

(f) (1) There shall be an Erosion and Sediment Control Overview Council which shall provide guidance on the best management practices for implementing any erosion and sediment control plan for purposes of this Code section. The council shall be composed of nine members, including one member who shall be appointed by the Speaker of the House of Representatives and serve at the pleasure thereof; one member who shall be appointed by the Lieutenant Governor and serve at the pleasure thereof; and seven members who shall be appointed by the Governor and serve at the pleasure thereof, including one employee each from the Department of Transportation, the Environmental Protection Division of the Department of Natural Resources, and the Georgia Regional Transportation Authority, a professional engineer licensed to practice in this state from a private engineering consulting firm practicing environmental engineering, two representatives of the highway contracting industry certified by the Department of Transportation, and a chairperson. The council shall meet at the call of the chairperson. Each councilmember shall receive a daily allowance in the amount specified in subsection (b) of Code Section 45-721; provided, however, that any full-time state employee serving on the council shall draw no compensation but shall receive necessary expenses. The commissioner is authorized to pay such compensation and expenses from department funds.

(2) The council may develop recommendations governing the preparation of plans and the installation and maintenance of best management practices. If a dispute concerning the requirements of this Code section should arise, the Erosion and Sediment Control Overview Council shall mediate the dispute.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(g) Nothing in this Code section shall be construed to affect the division's authority under Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act."'
SECTION 2.
Said chapter is further amended by striking paragraph (8) of subsection (a) of Code Section 12-7-17, relating to exemptions from the applicability of provisions of said chapter, and inserting in lieu thereof the following:
"(8) Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the State Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that such projects shall conform to the minimum requirements set forth in Code Section 12-7-6; provided, further, that construction or maintenance projects of the Department of Transportation or the State Tollway Authority which disturb five or more contiguous acres of land shall be subject to the provisions of Code Section 12-7-7.1; and".
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Approved May 1, 2000.

GENERAL ASSEMBLY- SENATE DISTRICTS 33 AND 37; DESCRIPTION CHANGE.
Code Section 28-2-2 Amended.
No. 934 (Senate Bill No. 530).
AN ACT
To amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to provide for the description of senatorial districts 33 and 37; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1.

Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, is amended by striking the description of senatorial districts 33 and 37 which are described in the paragraph immediately following the second sentence of subsection (a) thereof and inserting in its place the description of senatorial districts 33 and 37 attached to this Act and made a part hereof and further identified as: "Client: senate Plan: ams33s37".

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.

Operator:

Client: senate Plan: ams33s37

District No. 33 COBB
Tract: 0303.21 Block: 302A, 402A, 403A, 404A, 406A, 407, 408A, 409, 410, 411
Tract: 0304.04 Tract: 0304.06
Block Group: 1 Block Group: 3 Block: 401A, 401B, 401C, 401E, 402A, 402B, 501A, 501B, 501C Tract: 0305.01 Block: 901A, 901B, 902A, 902B, 902C, 903A, 903B, 904, 905A, 905B, 905C, 905D, 908A, 908B, 909 Tract: 0305.02 Block Group: 6 Tract: 0305.03 Block Group: 1 Block: 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216 Block Group: 6 Tract: 0306. Block: lOlA, 101B, 102A, 102B, 103A, 103B, 106A, 106C, 107, 108A, 108B, 109A, 109B, 109C, 110A, 110B, 110C, 111, 112, 113A, 113B, 114, 115A, 115B, 115C, 116, 117, 118A, 118B, 118C, 119A, 119B, 119C, 120A, 120B, 121, 122A, 122B, 123, 124A, 124B, 125A, 125B, 126, 127A, 127B, 128A, 128B, 132A, 132B, 132C

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Block Group: 2 Block: 302, 303, 304, 305, 307, 308A, 308B, 309, 311, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 325A, 325B, 326, 401, 402, 403, 404, 406, 407, 408, 409, 410 Tract: 0307. Tract: 0308. Tract: 0309.02 Block Group: 1 Block Group: 2 Block Group: 3 Block: 401, 402A, 402B, 402C, 402D, 403, 404, 405, 406, 407 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0309.03 Block Group: 1 Block Group: 2 Block Group: 7 Block Group: 8 Tract: 0310.01 Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 212, 213, 214, 216A, 216B, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228A, 229, 230, 231 Block Group: 9 Tract: 0310.02 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 115, 116, 117, 118, 119, 120B, 120C, 122, 123, 124, 201, 202, 203, 204, 205, 206, 207, 208, 209A, 209B, 210C, 213C, 213D, 214, 215, 216, 217, 218, 219, 220, 221, 222, 224A Tract: 0310.03 Block: 102, 103, 104, 105, 107, 108, 109, 110B, 111, 112B, 113B Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 8 Tract: 0311.01 Block: 202, 204, 205, 206, 207, 208, 209 Tract: 0311.03 Block: 112, 113, 114, 115, 121, 128 Tract: 0311.08

GEORGIA lAWS 2000 SESSION

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Block Group: 1 Block Group: 2 Block: 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313A, 313B, 313C, 314A, 314B, 315, 316, 317, 318, 320A, 320B, 321A, 321B, 322 Block Group: 4 Tract: 0311.09
Block: lOlA, lOlB, lOlC, 103, 104A, 104B, 104C, 105A, 105B, 106, 107, 108, 110, 111, 112, 115A, 115B, 116, 117A, 117B, 118 Block Group: 5 Tract: 0312.03 Block: lOlA, 107A, 108 Tract: 0313.01 Block: lOlA, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 201, 202, 203, 204, 205, 211, 212, 213, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 231 Block Group: 3 Tract: 0313.02 Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 9 Tract: 0313.04 Tract: 0313.05 Tract: 0314.03 Block: 106, 107, 108, 109, 110, 111, 112, 113, 114 Block Group: 5 Block Group: 6 Tract: 0314.04 Tract: 0314.98 Block Group: 1 Block: 201, 202, 204A, 204B, 205, 206, 207, 208A, 208B, 209, 213, 247, 250A, 250B, 250C Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0315.01
Block: 303C, 303D, 303E, 304, 305, 306, 307, 308, 309A, 309B, 309C, 312A, 312B, 313, 314, 315A, 315B, 316, 317, 318, 319 Block Group: 4 Block Group: 5 Block Group: 6

....

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Block Group: 7 Tract: 0315.02
Block Group: 1 Block Group: 2 Block: 401A, 401B, 401C, 401D, 401E, 401F, 401G, 401H, 402A, 402B, 403A, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415A, 415B, 415C, 415D, 416, 417, 418, 419, 501, 502, 503, 505B, 505C, 507, 508, 509, 510, 511, 512, 513, 514, 521, 522, 523A, 523B, 524, 527, 528, 529 Block Group: 6 Block: 702A, 702B, 702C, 703A, 703B, 703C, 703D, 703E, 706, 708 Block Group: 8 Block: 906A, 907A, 908A, 909, 910A Tract: 0316.97
District No. 37 CHEROKEE
Tract: 0907. Block: 511
Tract: 0909.03 Tract: 0910.01
Block: lOlA, lOlB, lOlC, 102A, 102B, 103, 104A, 104B, 104C, 104D, 105, 106A, 106B, 106C, 107A, 107B, 108, 109A, 109B, 110A, 110B, llOC, lllA, 111B, ll2, 113, ll4 Block Group: 2 Block Group: 3 Tract: 0910.02 Tract: 0910.03 Tract: 0911.01 Tract: 0911.03 Tract: 0911.98 Tract: 0912.98 COBB Tract: 0301.98 Tract: 0302.03 Tract: 0302.04 Tract: 0302.05 Block Group: 6 Block: 702, 703, 704, 705 Block Group: 8 Block Group: 9 Tract: 0302.06 Tract: 0302.07 Tract: 0306.

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Block: 104A, 104B, 105, 106B, 308C, 312, 405A, 405B, 405C, 411, 412, 413, 414, 415, 416, 417A, 417B, 418, 419A, 419B, 420A, 420B, 421A, 421B, 422A, 422B, 423A, 423B, 424A, 424B, 424C, 424D, 424E, 424F, 424G, 424H, 424], 424K, 424L, 424M, 425A, 425B, 425C, 426 Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 9 Tract: 0309.01 Tract: 0309.02 Block: 408, 409, 410, 411 Tract: 0309.03 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 0310.02 Block: 210A, 210B, 211, 212, 213A, 213B, 223, 224B, 224C, 225A, 225B, 226, 227, 228 Tract: 0314.98 Block: 203, 210 Tract: 0315.01 Block Group: 1 Block Group: 2 Block: 301, 302, 303A, 303B, 310A, 310B, 311A, 311B Tract: 0315.02 Block Group: 3 Block: 403B, 504, 505A, 506, 515, 516A, 516B, 516C, 517, 518, 519A, 519B, 519C, 519D, 519E, 519F, 520, 525A, 525B, 526A, 526B, 526C, 526D, 530, 701A, 701B, 704, 705A, 705B, 705C, 705D, 707A, 707B, Block: 901, 902, 903, 904, 905, 906B, 907B, 908B, 908C, 910B Tract: 0316.98

Approved May 1, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

COURTS -JURY DUTY; EXCUSES OR DEFERRALS FOR CERTAIN STUDENTS AND PRIMARY CHILD CAREGIVERS.

Code Section 15-12-1 Amended. No. 936 (House Bill No. 39).

AN ACT
To amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide for excusing or deferring from jury duty any person who is a full-time student at a college, university, vocational school, or other postsecondary school and who requests to be excused or deferred; to provide for excusing or deferring from jury duty any person who is the primary caregiver having active care and custody of a child under four years of age; to provide for the length of such excuses or deferrals from jury duty; to provide for affidavits; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, is amended by striking subsection (a) of said Code section and inserting in its place the following:

"(a) (1) Any person who shows that he or she will be engaged during his or her term of jury duty in work necessary to the public health, safety, or good order or who shows other good cause why he or she should be exempt from jury duty may be excused by the judge of the court to which he or she has been summoned or by some other person who has been duly appointed by order of the chief judge to excuse jurors. Such a person may exercise such authority only after the establishment by court order of guidelines governing excuses. Any order of appointment shall provide that, except for permanently mentally or physically disabled persons, all excuses shall be deferred to a date and time certain within that term or the next succeeding term or shall be deferred as set forth in the court order.

(2) Notwithstanding paragraph (1) of this subsection, any person who is a full-time student at a college, university, vocational school, or other postsecondary school who, during the period of time the student is enrolled and taking classes or exams, requests to be excused or deferred from jury duty shall be excused or deferred from jury duty.
(3) Notwithstanding paragraph (1) of this subsection, any person who is the primary caregiver having active care and custody of a child under four years of age, who executes an affidavit on a form provided by the court

GEORGIA lAWS 2000 SESSION

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stating that such person is the primary caregiver having active care and custody of a child under four years of age and stating that such person has no reasonably available alternative child care, and who requests to be excused or deferred shall be excused or deferred from jury duty. It shall be the duty of the court to provide affidavits for the purpose of this subsection."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Approved May 1, 2000.

REVENUE AND TAXATION - AD VALOREM TAXES; ASSESSMENT RATIOS OF ASSESSED VALUES TO FAIR MARKET VALUES; COMPREHENSIVE REVISION.
Code Title 48, Chapter 5 Amended. Code Section 20-2-164 Amended.
No. 937 (House Bill No. 523).
AN ACT
To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for comprehensive revision of the method and manner of calculating and determining the assessment ratio of assessed value to fair market value; to provide for definitions; to provide for powers, duties, and authority of the state auditor; to provide for compensation, expenses, and costs for arbitrators; to provide for comprehensive revision of procedures regarding examination of county tax digests; to provide for powers, duties, and authority of the state revenue commissioner; to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to local fair share funds, so as to correct a cross-reference; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking Code Section 48-5-274, relating to establishment of the equalized adjusted school property tax digest, and inserting in its place a new Code Section 48-5-274 to read as follows:

..

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"48-5-274.

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

(1) 'Assessment ratio' means the fractional relationship between the assessed value and the fair market value of the property.

(2) 'Measures of central tendency' means the tendency of data to cluster around some typical or central value, such as the median ratio, the mean ratio, or the weighted mean ratio (the weighted mean ratio is also called the aggregate ratio), as defined in the Standard on Assessment-Ratio Studies published by the International Association of Assessing Officers.

(b) The state auditor shall establish on a continuing basis, no later than November 15 in each year, an equalized adjusted property tax digest for each county in the state and for the state as a whole for the current calendar year. All real and personal property exempted from taxation shall be excluded from the digest. The state auditor may establish a unit within the Department of Audits and Accounts consisting of such number of personnel as is deemed necessary in order to establish and maintain on a continuing basis the equalized adjusted property tax digest. The equalized adjusted property tax digest shall be established and maintained as follows:

(1) Determine the locally assessed valuation of the county property tax assessment digest for the preceding calendar year, exclusive of real and personal property exempted from taxation and of railroad equipment company property shown on the county railroad equipment company property tax digest, exclusive of any property subject to current use valuation on the county property tax digest, and exclusive of the locally assessed valuation of timber harvested or sold;

(2) Determine the fair market value for timber harvested or sold during the calendar year;

(3) Divide the sum of the locally assessed valuation of the county property tax assessment digest under paragraph (1) of this subsection by the ratio of assessed value to fair market value of the property established by the state auditor in accordance with paragraph (8) of this subsection;

(4) Determine the fair market value of the county railroad equipment company property tax digest for the preceding calendar year;

(5) Determine the sum of the current use valuation of the county property tax digest;

(6) Determine the total fair market value of the Public Utility Digest as established by the commissioner;

G~E~O~R~G=IA~~W~S~2~0~0~SE~S~S~IO~N ~16~85

, . , . - -_-_____________

______________

(7) The total of the sums obtained through the calculations prescribed in paragraphs (2), (3), (4), (5), and (6) of this subsection shall be known as the current equalized adjusted property tax digest of the county. The sum of the current equalized adjusted property tax digest of all counties of the state combined shall be known as the current equalized adjusted property tax digest for the state as a whole; and

(8) Establish for each county in the state the ratio of assessed value to fair market value of county property subject to taxation, excluding railroad equipment company property. The ratio shall be determined by establishing the ratio of assessed value to sales price for each of a representative number of parcels of real property, the titles to which were transferred during a period of time to be determined by the state auditor, and then by establishing the measure of central tendency for the county as a whole based upon a representative number of usable transactions studied. The representative number of transactions shall not include any parcel of which the sales price is not reflective of the fair market value of such property as fair market value is defined in Code Section 48-5-2. The state auditor shall supplement realty sales price data available in any county with actual appraisals of a representative number of parcels of farm property and industrial and commercial property located within the county, the titles to which were not transferred within the period of time determined by the state auditor. The state auditor may make appraisals on other types of real property located within the county when adequate realty sales data cannot be obtained on such property. The representative number of parcels of each class of real property as defined by the commissioner used for the study shall be determined by the state auditor. The state auditor may use the same ratio for other personal property, excluding motor vehicles, within the county as is finally determined for real property within the county.

(c) The assessment ratio of assessed value to fair market value of county property to be established by the state auditor for the purposes of paragraph (8) of subsection (b) of this Code section shall be established through the use of personnel of the Department of Audits and Accounts who have sufficient competence and expertise by way of education, training, and experience in the fields of property evaluation and appraisal techniques. The Department of Audits and Accounts shall use the Standard on Assessment-Ratio Studies published by the International Association of Assessing Officers or its successors to determine the valid transactions necessary to establish accurately the measure of central tendency described in paragraph (8) of subsection (b) of this Code section.

"

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(d) The assessment ratio of assessed value to fair market value determined for each county shall be used as provided for in this Code section until such time as a new ratio is determined on a continuing basis for each county. The state auditor shall provide to the commissioner the assessment ratio of assessed value to fair market value for all counties upon completion.

(e) On or before November 15 of each year, the state auditor shall furnish to the State Board of Education the current equalized adjusted property tax digest of each county in the state and the current equalized adjusted property tax digest for the state as a whole. In any county which has more than one school system, the state auditor shall furnish the State Board of Education a breakdown of the current county equalized adjusted property tax digest showing the amount of the digest applicable to property located within each of the school systems located within the county. At the same time, the state auditor shall furnish the governing authority of each county, the governing authority of each municipality having an independent school system, the local board of education of each school system, the tax commissioner or tax collector of each county, and the board of tax assessors of each county the current equalized adjusted property tax digest of the local school system or systems, as the case may be, and the current equalized adjusted property tax digest for the state as a whole.

(f) (1) Each county governing authority, each governing authority of a municipality having an independent school system, and each local board of education, when aggrieved or when having an aggrieved constituent, shall have a right, upon written request made within 30 days after receipt of the digest information, to refer the question of correctness of the current equalized adjusted property tax digest of the local school system to the state auditor. The state auditor shall take any steps necessary to make a determination of the correctness of the digest and to notify all interested parties of the determination within 45 days after receiving the request questioning the correctness of the digest.

(2) (A) If any party questioning the correctness of the digest is dissatisfied with the determination made by the state auditor pursuant to paragraph (1) of this subsection, the party shall have the right, which must be exercised within 15 days after being notified of the determination made by the state auditor, to refer in writing the question of the correctness of the digest to a board of arbitrators.

(B) Each board of arbitrators shall consist of three members, one to be chosen by the state auditor within 15 days after receipt of a written complaint, one to be chosen by the complaining party at the time of requesting the arbitration, and one to be chosen within 15 days after selection of the first two members by the first two members of the board.

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In the event the two arbitrators cannot agree on a third member, the Chief Justice of the Supreme Court of Georgia shall appoint the third member upon petition of either party with notice to the opposing party.
(C) The board of arbitrators or a majority of the board within 15 days after appointment of the full board shall render its decision regarding the correctness of the digest in question and, if correction of the digest is required, regarding the extent and manner in which the digest should be corrected. The decision of the board shall be final.
(D) The state auditor shall correct the digest in question in accordance with the decision of the board of arbitrators and shall report the corrections to the parties entitled to receive such information under this Code section.
(E) Each member of the board of arbitrators shall subscribe to an oath to perform faithfully and impartially the duties required in connection with the controversy concerning the correctness of the digest in question and to render a decision within the time required. Each member of the board of arbitrators shall be paid a sum not to exceed $250.00 for each appeal heard. In addition, each member of the board shall receive the same daily expense allowance as is provided for each member of the General Assembly and actual transportation costs when traveling by public carrier or the legal mileage rate when traveling by personal automobile. All costs of arbitration of matters arising under this Code section shall be shared and paid equally by the Department of Audits and Accounts and by the governing authority requesting the arbitration.

(3) Upon receiving notice that the current equalized adjusted property tax digest of any local school system is being questioned pursuant to paragraph (1) of this subsection, the state auditor shall notify the State Board of Education that the digest is being questioned. No computations shall be made on the basis of a questioned digest under Article 6 of Chapter 2 of Title 20, the 'Quality Basic Education Act,' until the digest has been corrected, if necessary, pursuant to this subsection.
(f) The commissioner shall provide to the state auditor such digest information as is needed in the calculation of the equalized adjusted property tax digests. Such information shall be provided for each county and for each local school system. For independent school systems in municipalities authorized to assess property in excess of 40 percent of fair market value pursuant to Code Section 48-5-7, the commissioner shall provide digest information to the state auditor at the assessment ratios utilized by both the municipal government and the county government or governments in which the municipality is located. If revision is made to the digest of any county

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or any portion of a county comprising a local school system following the initial reporting of the digest to the state auditor, the commissioner shall report any such revision to the state auditor."

SECTION 2.
Said chapter is further amended by striking paragraph (3) of Code Section 485-341, relating to definitions, and inserting in its place a new paragraph (3) to read as follows:

"(3) 'Assessment ratio' means the fractional relationship the assessed value of property bears to the fair market value of the property as determined in paragraph (8) of subsection (b) of Code Section 48-5-274."
SECTION 3.
Said chapter is further amended by striking subsection (c) of Code Section 485-342, relating to duties of the state revenue commissioner, and inserting in its place a new subsection (c) to read as follows:

"(c) For each year, including each year that is not a digest review year for the county, the commissioner shall utilize the overall assessment ratio for the county as provided by the state auditor."
SECTION 4.

Said chapter is further amended by striking subsection (b) of Code Section 485-342.1, relating to digest evaluation cycles, and inserting in its place a new subsection (b) to read as follows:

"(b) For those digests submitted by counties in their designated digest review year, the commissioner shall begin his or her review of the digest in accordance with Code Section 48-5-343 and shall, within 30 days after the date the state auditor furnishes to the commissioner the ratios established pursuant to paragraph (8) of subsection (b) of Code Section 48-5-274 or by August 1 of the next succeeding tax year, whichever comes later, approve or conditionally approve the digest."
SECTION 5.

Said chapter is further amended by striking subsection (b) of Code Section 485-343, relating to approval of digests, and inserting in its place a new subsection (b) to read as follows:

"(b) The commissioner shall by regulation establish the statistical standards to be used in determining whether or not digests are in accordance with the uniformity requirements contained in subsection (a) of this Code section. The commissioner shall utilize information developed by the state auditor under Code Section 48-5-274."

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SECTION 6.

Said chapter is further amended by striking paragraph (2) of subsection (b) of Code Section 48-5-344, relating to conditional approval of digests, and inserting in its place a new paragraph (2) to read as follows:

"(2) A list of the statistical standards used by the commissioner when examining the digest; and".

SECTION 7.

Said chapter is further amended by striking subsection (b) of Code Section 485-345, relating to authorization for use of the digest to collect taxes, and inserting in its place a new subsection (b) to read as follows:

"(b) Each year the commissioner shall determine if the overall assessment ratio for each county, as computed by the state auditor under paragraph (8) of subsection (b) of Code Section 48-5-274, deviates substantially from the proper assessment ratio as provided in Code Section 48-5-7, and if such deviation exists, the commissioner shall assess against the county governing authority additional state tax in an amount equal to the difference between the amount the state's levy of one-quarter of a mill would have produced if the digest had been at the proper assessment ratio and the amount the digest that is actually used for collection purposes will produce. The commissioner shall notify the county governing authority annually of the amount so assessed and this amount shall be due and payable not later than five days after all appeals have been exhausted or the time for appeal has expired or the final date for payment of taxes in the county, whichever comes latest, and shall bear interest at the rate specified in Code Section 48-2-40 from the due date."

SECTION 8.

Said chapter is further amended by adding a new subsection at the end of Code Section 48-5-348, relating to appeal from conditional approvals, to be designated subsection (g), to read as follows:

"(g) Any appeals filed pursuant to this Code section may not challenge the correctness of the information provided to the commissioner by the state auditor pursuant to Code Section 48-5-274."

SECTION 9.

Said chapter is further amended by striking subsection (d) of Code Section 485-349.2, relating to procedure for certain appeals, and inserting in its place a new subsection (d) to read as follows:

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"(d) (1) The hearing officer shall be authorized to hear and grant an appeal with respect to a determination by the commissioner that a digest does not meet the requirements of subsection (a) of Code Section 48-5343. The hearing officer may not hear and grant an appeal with respect to the correctness of the information supplied to the commissioner by the state auditor pursuant to Code Section 48-5-274. The digest shall be deemed approved in any case where an appeal is granted under this paragraph.
(2) The hearing officer shall be authorized to hear and grant an appeal with respect to the adequacy of the time period which was available to the county to correct prior deficiencies in the digest. If an appeal is granted under this paragraph, the specific penalty and the withholding of state grants to the county provided by Code Section 48-5-346 shall not be imposed during the digest evaluation cycle in which the digest review year being appealed lies.
(3) The hearing officer shall be authorized to hear and grant an appeal with respect to a determination of an additional amount due which is assessed by the commissioner pursuant to subsection (b) of Code Section 48-5-345 to the extent such appeal is not based on the correctness of the information supplied to the commissioner by the state auditor pursuant to Code Section 48-5-274. If an appeal is granted under this paragraph, the commissioner may be directed to withdraw the assessment of the additional state tax or recalculate it in accordance with the findings of the hearing officer.
(4) The hearing officer shall be authorized to hear and grant an appeal with respect to a determination of a specific penalty which is levied by the commissioner pursuant to paragraph (2) of subsection (a) of Code Section 48-5-346 to the extent such appeal is not based on the correctness of the information supplied to the commissioner by the state auditor pursuant to Code Section 48-5-274. If an appeal is granted under this paragraph, the commissioner may be directed to withdraw the levy of the specific penalty or recalculate it in accordance with the findings of the hearing officer."

SECTION 10.

Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to local fair share funds, is amended by striking subparagraph (a) (1) (A) and inserting in its place a new subparagraph (a) (l)(A) to read as follows:

"(A) Determine the most recent equalized adjusted school property tax digest for the local school system less the amount attributable to timber calculated pursuant to paragraph (2) of subsection (b) of Code Section

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48-5-274, multiply the difference by .4, and add to that product the amount attributable to timber calculated pursuant to paragraph (2) of subsection (b) of Code Section 48-5-274;".

SECTION 11.

(a) This section and Section 12 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.
(b) Section 1 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval and shall apply to all equalized digests established on or after January 1, 2000.

(c) Sections 2 through 10 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval and shall apply to the 2000 tax digests and any subsequent tax digests.

SECTION 12.

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

Approved May 1, 2000.

RETIREMENT AND PENSIONS - GEORGIA JUDICIAL RETIREMENT SYSTEM; EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; TRANSFER
OF CONTRIBUTIONS BY JUDGES AND DISTRICT ATTORNEYS.
Code Section 47-23-64 Enacted.
No. 938 (House Bill No. 543).
AN ACT
To amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to provide for the transfer of contributions from the Employees' Retirement System of Georgia to the Georgia Judicial Retirement System; to provide for the repayment of any employee contributions withdrawn, together with interest thereon; to provide for the calculation of creditable service on an actuarial basis for any amount so transferred; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1.

Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, is amended by inserting immediately following Code Section 47-23-63 the following:

"47-23-64.

(a) (1) Any superior court judge or district attorney who was previously an active member of the Employees' Retirement System of Georgia may elect to have all contributions made by or on behalf of such member transferred from such retirement system to this retirement system. Any such member shall notify the board of trustees of each retirement system not later than December 31, 2000, or within 90 days after first becoming a member of this retirement system, whichever date is later.

(2) If the member subject to this subsection has not withdrawn his or her employee contributions from the Employees' Retirement System of Georgia, then upon receipt of the notice provided for in paragraph (1) of this subsection, the Board of Trustees of the Employees' Retirement System of Georgia shall transfer to the board of trustees of this retirement system all employer and employee contributions paid by or on behalf of the employee, together with regular interest thereon.

(3) If the member subject to this subsection has withdrawn his or her employee contributions from the Employees' Retirement System of Georgia, then at the time of giving the notice provided for in paragraph (1) of this subsection, the member shall pay to the board of trustees of this retirement system the total of such contributions, together with regular interest thereon. Upon receipt of such notice and payment of such amount, the Board of Trustees of the Employees' Retirement System of Georgia shall transfer to the board of trustees of this retirement system all employer contributions paid on behalf of the employee, together with regular interest thereon.

(4) The member subject to this subsection is authorized, but not required, to pay to the board of trustees such funds in addition to the amounts provided in paragraphs (2) and (3) of this subsection as the member desires.

(b) Upon receipt of the funds provided for in paragraphs (2), (3), and (4) of subsection (a) of this Code section, the board of trustees of this retirement system shall credit the member with only the number of years of creditable service, not to exceed the actual years of prior service, as the amount so transferred or paid will warrant without creating any accrued liability as to this retirement system, calculated as if the member had either elected or rejected spouse's survivor's benefits, at the election of the member.



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(c) No creditable service may be obtained pursuant to the provisions of this Code section for any period for which creditable service has been or may be obtained in any other state or local public retirement system."
SECTION 2.
This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.
SECTION 3.

All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 2000.

RETIREMENT AND PENSIONS - GEORGIA JUDICIAL RETIREMENT SYSTEM; MEMBERS APPOINTED TO STATE DEPARTMENT, AGENCY, BOARD, OR COMMISSION; ELECTION TO RETAIN OR TRANSFER
MEMBERSHIP.
Code Sections 47-2-73 and 47-2348 Enacted.
No. 939 (House Bill No. 764).
AN ACT
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that a member who was previously a member of the Georgia Judicial Retirement System who becomes the head of a state department or agency or who is appointed by the Governor to a fulltime salaried position on a state board or commission may elect membership in either retirement system; to provide that any such person who transfers membership may elect to have the contributions made by or on behalf of him or her transferred; to provide that such person shall be granted only such creditable service as will not create any accrued actuarial unfunded liability as to the retirement system; to provide for applicability; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:



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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1.

Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by inserting immediately following Code Section 47-2-72 the following:

"47-2-73.

(a) (1) Any provision of this chapter or Chapter 23 of this title to the contrary notwithstanding, any member of the Georgia Judicial Retirement System who is vested for a normal retirement benefit and who without a break in service becomes the head of a state department or agency or who is appointed by the Governor to a full-time salaried position on a state board or commission may make a one time irrevocable election to remain a member of the Georgia Judicial Retirement System or to become a member of this retirement system.

(2) If a person subject to this subsection elects to remain a member of the Georgia Judicial Retirement System, the employer and employee shall make all contributions to such retirement system and perform such other acts as are required by law or regulation.

(3) This subsection shall be applicable to each person who was a member of the Georgia Judicial Retirement System on July 1, 2000, and to any person who becomes a member after that date. Any person eligible to make the election provided for in this subsection shall do so in writing to the board of trustees of this retirement system and the Board of Trustees of the Georgia Judicial Retirement System not later than September 30, 2000, or within 60 days after the date he or she became subject to this Code section. Once made, the election is irrevocable.

(4) Any person subject to this subsection who elects to become a member of this retirement system may have accumulated contributions under the Georgia Judicial Retirement System transferred to this retirement system. The Board of Trustees of the Georgia Judicial Retirement System shall pay to the board of trustees of this retirement system all employer and employee contributions made by or on behalf of the member, together with regular interest. The member shall be granted only so much creditable service as such amount will warrant without creating any accrued actuarial unfunded liability as to this retirement system; provided, however, that such service credits shall not be used in determining the qualifications of a member for benefits other than vested rights or disability, death, or normal service retirement allowances.

(b) The provisions of this Code section shall not become a part of the employment contract and shall be subject to subsequent legislation; provided, however, that no person who has made the election provided by this Code section shall be affected by any subsequent legislation."

GEORGIA LAWS 2000 SESSION

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SECTION 2.

Said title is further amended by inserting immediately following Code Section 47-23-47 the following:

"47-23-48.

(a) (1) Any member of this retirement system who is vested for a normal retirement benefit who without a break in service becomes the head of a state department or agency or who is appointed by the Governor to a fulltime salaried position on a state board or commission may make a one time irrevocable election to remain a member of this retirement system, in which event the employer and employee shall make all contributions to this retirement system and perform such other acts as are required by law or regulation.

(2) This subsection shall be applicable to each person who was a member of this retirement system on July 1, 2000, and to any person who becomes a member after that date. Any person eligible to make the election provided for in this subsection shall do so in writing to the board of trustees of this retirement system and the Board of Trustees of the Employees' Retirement System of Georgia not later than September 30, 2000, or within 60 days after the date he or she became employed in a position which would otherwise obligate him or her to become a member of this retirement system, whichever date is later. Once made, the election is irrevocable.

(3) Any person subject to this subsection who elects to become a member of this retirement system may have accumulated contributions under the Employees' Retirement System of Georgia transferred to this retirement system. The board of trustees of the Employees' Retirement System of Georgia shall pay to the board of trustees of this retirement system all employer and employee contributions made by or on behalf of the member, together with regular interest. The member shall be granted only so much creditable service as such amount will warrant without creating any accrued actuarial unfunded liability as to this retirement system; provided, however, that such service credits shall not be used in determining the qualifications of a member for benefits other than vested rights or disability, death, or normal service retirement allowances.

(b) The provisions of this Code section shall not become a part of the employment contract and shall be subject to subsequent legislation; provided, however, that no person who has made the election provided by this Code section shall be affected by any subsequent legislation."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 3.

This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.

SECTION 4.

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

Approved May 1, 2000.

RETIREMENT AND PENSIONS - GEORGIA JUDICIAL RETIREMENT SYSTEM; MEMBERS OF EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA
IN COVERED POSITIONS; TRANSFERS OF MEMBERSHIP.
Code Section 47-2348 Enacted.
No. 940 (House Bill No. 919).
AN ACT
To amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to provide that certain persons who were serving in a position covered by such retirement system on July 1, 1998, may opt to become members of such retirement system; to provide for a transfer of funds; to provide for a grant of only such creditable service as the amount so transferred will warrant without creating any actuarial accrued unfunded liability to the retirement system; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, is amended by inserting at the end thereof the following:
"47-2348.
Any person who on July 1, 1998, was a member of the Employees' Retirement System of Georgia and was employed in a position otherwise covered by this retirement system but who was not eligible for membership in this retirement system on July 1, 1998, may make an irrevocable election to be-

GEORGIA LAWS 2000 SESSION

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come a member by so notifying the board of trustees not later than December 31, 2000. Any such person shall be credited with service in this retirement system only for actual service in such position. The Employees' Retirement System of Georgia shall transfer to this retirement system all employer and employee contributions paid by or on behalf of any such member with regular interest thereon. The member is authorized, but not required, to pay to the board of trustees such additional amount as the member desires, each payment to be made within 12 months of electing to become a member of this retirement system. Such member shall receive only such creditable service, not to exceed the actual years of service, as that amount will warrant without creating any actuarial accrued unfunded liability to this retirement system calculated as if the member had either elected or rejected spouse's survivor's benefits at the member's option."

SECTION 2.

This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.

SECTION 3.

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

Approved May 1, 2000.

RETIREMENT AND PENSIONS - GEORGIA JUDICIAL RETIREMENT SYSTEM; EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; CERTAIN
TRANSFERS BETWEEN SYSTEMS.
Code Sections 47-2-261 and 47-2346 Amended.
No. 941 (House Bill No. 1046).
AN ACT
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that certain members of the Georgia Judicial Retirement System may elect to transfer membership to the Employees' Retirement System of Georgia; to provide for creditable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1.

Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety Code Section 47-2-261, relating to the transfer of credits and funds from the District Attorneys Retirement Fund of Georgia, and inserting in lieu thereof the following:

"47-2-261.

(a) Anything in this chapter to the contrary notwithstanding, any member of the District Attorneys Retirement Fund of Georgia who without a break in service becomes an employee of an employer under the retirement system who desires to transfer his or her credits in the District Attorneys Retirement Fund of Georgia to the retirement system shall file an application for the transfer of such credits with the board of trustees. Upon transfer of funds pursuant to Code Section 47-1244, he or she shall be given all creditable service otherwise authorized by this chapter.

(b) Any person who is subject to the provisions of subsection (b) of Code Section 47-2346 and who elects to reestablish membership in this retirement system pursuant to such subsection shall receive such creditable service as the sum paid to this retirement system pursuant to such subsection will warrant without creating any unfunded actuarial accrued liability as to this retirement system."

SECTION 2.

Said title is further amended by striking in its entirety Code Section 47-2346, relating to the transfer of members' contributions from the Georgia Judicial Retirement System to the Employees' Retirement System of Georgia, and inserting in lieu thereof the following:

"47-2346.

(a) Any member who on June 30, 1998, was entitled to remain a member of the District Attorneys' Retirement System while employed in a position covered by Chapter 2 of this title pursuant to the provisions of Code Section 471340.1, as such Code section appeared on June 30, 1998, shall have the same privileges with regard to this retirement system. This Code section shall not apply to any other member of this retirement system.

(b) Any person who became a member of this retirement system pursuant to the operation of Code Section 47-2340 and who, prior to becoming a member of a predecessor retirement system, was a member of the Employees' Retirement System of Georgia may elect to transfer his or her membership from this retirement system to the Employees' Retirement System of Georgia. Any person desiring to transfer membership shall notify the board of this retirement system and the board of trustees of the Employees' Retirement System of Georgia not later than December 31, 2000. Upon receipt of

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such notice, the board of trustees of this retirement system shall transfer to the board of trustees of the Employees' Retirement System of Georgia all employer and employee contributions paid by or on behalf of such member, together with regular interest thereon."

SECTION 3.

This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.

SECTION 4.

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

Approved May 1, 2000.

PUBLIC UTILITIES AND PUBLIC TRANSPORTATION- DESIGNATED GEORGIA RAIL PASSENGER CORRIDORS.
Code Sections 46-9-290 and 46-9-291 Enacted.
No. 942 (House Bill No. 1348).
AN ACT
To amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to establish a comprehensive and coordinated system of railway passenger service corridors for, within, and throughout this state and to nearby states for purposes of state planning and development of service; to provide legislative findings and declarations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The General Assembly finds and declares as follows:
(1) The establishment of railway passenger service to the general public and connecting points within and throughout this state and to nearby states will develop and promote, for the public good and general welfare

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GENERAL ACTS AND RESOLUTIONS, VOL. I

of this state, trade, commerce, tourism, industry, and employment opportunities while alleviating highway traffic congestion and related air pollution.
(2) Any implementation of such railway passenger service which meets the needs and promotes the general welfare of this state as a whole while making the best and most efficient use of resources requires a system of railway passenger service corridors which is comprehensive and coordinated for purposes of state planning and development of service.
(3) It is therefore in the public interest and is vital to the public welfare of the people of Georgia, and it is declared to be the public purpose of this Act, to establish such a system of railway passenger service corridors provided by Code Section 46-9-290 as enacted by this Act.
SECTION 2.
Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, is amended by adding a new Article 9A to read as follows:
"ARTICLE 9A
46-9-290.

For purposes of state planning and development of service there is created a comprehensive and coordinated state-wide system of railway passenger service corridors for providing railway passenger service to the general public and connecting points within and throughout this state and to nearby states, which shall be known as the Designated Georgia Rail Passenger Corridors and shall include the following:
(1) Atlanta-Athens;
(2) Atlanta-Hartsfield International Airport-Macon;
(3) Macon:Jesup-Brunswick;
(4) Macon-Americus-Albany;
(5) Macon-Houston County-Valdosta;
(6) Macon-Douglas-Waycross:Jacksonville, Florida; (7) Macon-Savannah;
(8) Atlanta-Columbus;
(9) Atlanta-Augusta; (10) Atlanta-Gainesville;
(11) Atlanta-Bremen;

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(12) Atlanta-Canton;

(13) Atlanta-Cartersville;

(14) Jesup-Waycross:Jacksonville, Florida;

(15) Gainesville-Greenville, South Carolina;

(16) Albany-Tallahassee, Florida;

(17) Bremen-Birmingham, Alabama; and

(18) Atlanta-Chattanooga, Tennessee.

Nothing in this Code section shall preclude or delay state involvement in the planning and development of high speed rail for the Atlanta to Chattanooga, Tennessee, railway passenger service corridor, should federal or private funds be made available for such high speed rail.

For the purposes of this provision, 'high speed rail' is defined as involving trains traveling at maximum speeds in excess of 110 miles per hour.

46-9-291.

(a) Any and all railway passenger service plans or programs of any and all state departments, agencies, boards, bureaus, commissions, or authorities having responsibility for the same shall be conducted and coordinated so as to conform planning and development of service to the railway passenger service corridors of the program provided by this article. It is the intent of the General Assembly that planning and development of railway passenger service shall include every metropolitan statistical area of the state to the extent that revenues of the state for such planning or development are made available from either dedicated revenue sources or the general fund.

(b) Any state department, agency, board, bureau, commission, or authority having responsibility for any railway passenger service planning or programming may recommend any additional railway passenger service corridor or corridors to the General Assembly for inclusion in the Designated Georgia Rail Passenger Corridors after completion of a feasibility study for such proposed additional railway passenger service corridor or corridors, but no additional railway passenger service corridor shall be studied for inclusion unless federal or state funding is made available for such study. No railway passenger service corridor shall be a part of the Designated Georgia Rail Passenger Corridors unless and until it is included in the list provided by Code Section 46-9-290."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 3.

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

SECTION 4.

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

Approved May 1, 2000.

CRIMINAL PROCEDURE - WARRANTS; APPLICATIONS AND ISSUANCE.
Code Section 17-440 Amended.
No. 944 (Senate Bill No. 27).
AN ACT
To amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, so as to change provisions relating to issuance of warrants for arrest; to provide for issuance of a warrant based upon information from persons other than peace officers or law enforcement officers after attempted notice and hearing; to provide for exceptions; to provide for procedures and rules regarding evidence and cross-examination at the warrant application hearing; to provide that a warrant shall not be quashed and evidence shall not be suppressed in certain circumstances; to provide that a warrant for the arrest of a teacher or school administrator for an offense alleged to have been committed in the performance of his or her duties may be issued only by a judge of a specified court; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, is amended by striking in its entirety Code Section 17-440, relating to persons who may issue warrants for the arrest of offenders against penal laws and for the arrest of peace officers, and inserting in its place the following:
"17-440.
(a) Any judge of a superior, city, state, or magistrate court or any municipal officer clothed by law with the powers of a magistrate may issue a warrant for the arrest of any offender against the penal laws, based on probable cause either on the judge's or officer's own knowledge or on the information of others given to the judge or officer under oath. Any retired judge

GEORGIA lAWS 2000 SESSION

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or judge emeritus of a state court may likewise issue arrest warrants if authorized in writing to do so by an active judge of the state court of the county wherein the warrants are to be issued.

(b) (1) If application is made for a warrant by a person other than a peace officer or law enforcement officer and the application alleges the commission of an offense against the penal laws, the judge or other officer shall schedule a warrant application hearing as provided in this subsection unless the person accused has been taken into custody by a peace officer or law enforcement officer or except as provided in paragraph (6) of this subsection.

(2) Except as otherwise provided in paragraph (6) of this subsection, a warrant application hearing shall be conducted only after attempting to notifY the person whose arrest is sought by any means approved by the judge or other officer which is reasonably calculated to apprise such person of the date, time, and location of the hearing.

(3) If the person whose arrest is sought does not appear for the warrant application hearing, the judge or other officer shall proceed to hear the application and shall note on the warrant application that such person is not present.

(4) At the warrant application hearing, the rules regarding admission of evidence at a commitment hearing shall apply. The person seeking the warrant shall have the customary rights of presentation of evidence and cross-examination of witnesses. The person whose arrest is sought may cross-examine the person or persons applying for the warrant and any other witnesses testifYing in support of the application at the hearing. The person whose arrest is sought may present evidence that probable cause does not exist for his or her arrest. The judge or other officer shall have the right to limit the presentation of evidence and the cross-examination of witnesses to the issue of probable cause.

(5) At the warrant application hearing, a determination shall be made whether or not probable cause exists for the issuance of a warrant for the arrest of the person whose arrest is sought. If the judge or other officer finds that probable cause exists, the warrant may issue instanter.

(6) Nothing in this subsection shall be construed as prohibiting a judge or other officer from immediately issuing a warrant for the arrest of a person upon application of a person other than a peace officer or law enforcement officer if the judge or other officer determines from the application or other information available to the judge or other officer that:

(A) An immediate or continuing threat exists to the safety or well-being of the affiant or a third party;

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(B) The person whose arrest is sought will attempt to evade arrest or otherwise obstruct justice if notice is given;

(C) The person whose arrest is sought is incarcerated or otherwise in the custody of a local, state, or federal law enforcement agency;

(D) The person whose arrest is sought is a fugitive from justice;

(E) The offense for which application for a warrant is made is deposit account fraud under Code Section 16-9-20, and the person whose arrest is sought has previously been served with the ten-day notice as provided in paragraph (2) of subsection (a) of Code Section 16-9-20; or
(F) The offense for which application for the warrant is made consists of an act of family violence as defined in Code Section 19-13-1.
In the event that the judge or officer finds such circumstances justifying dispensing with the requirement of a warrant application hearing, the judge or officer shall note such circumstances on the face of the warrant application.

(7) No warrant shall be quashed nor evidence suppressed because of any irregularity in proceedings conducted pursuant to this subsection not affecting the substantial rights of the accused under the Constitution of this state or of the United States.
(c) Any warrant for the arrest of a peace officer, law enforcement officer, teacher, or school administrator for any offense alleged to have been committed while in the performance of his or her duties may be issued only by a judge of a superior court, a judge of a state court, or a judge of a probate court."

SECTION 2. This Act shall become effective July 1, 2000.

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

Approved May 1, 2000.

GEORGIA lAWS 2000 SESSION

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REVENUE AND TAXATION - AD VALOREM TAXES; TAX DIGESTS; APPROVAL BY STATE REVENUE COMMISSIONER.

Code Section 48-5-304 Amended.

No. 945 (Senate Bill No. 340).

AN ACT

To amend Code Section 48-5-304 of the Official Code of Georgia Annotated, relating to approval of tax digests when assessments are in arbitration or under appeal, so as to clarify the intent of the General Assembly that the state revenue commissioner shall not approve a county tax digest in any year when a complete revaluation or reappraisal program is implemented when 5 percent or more of the property by assessed value in dispute is in arbitration or on appeal and 5 percent or more of the number of properties is in arbitration or on appeal; to change the conditions under which the state revenue commissioner shall not approve tax digests when certain assessments are under appeal or arbitration; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 48-5-304 of the Official Code of Georgia Annotated, relating to approval of tax digests when assessments are in arbitration or under appeal, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:

"(a) The commissioner shall not be required to disapprove or withhold approval of the digest of any county solely because appeals have been filed or arbitrations demanded on the assessment of any property or number of properties in the county. In such cases, the assessment or assessments fixed by the board of tax assessors shall be listed together with the return value on the assessments and forwarded in a separate listing to the commissioner at the time the digest is filed for examination and approval. The commissioner shall not approve any digest when the assessed value that is in dispute for any property or properties on appeal or in arbitration exceeds 3 percent of the total assessed value of the total taxable tangible digest of the county for the same year. In any year when a complete revaluation or reappraisal program is implemented, the commissioner shall not approve a digest when 5 percent or more of the property by assessed value in dispute is in arbitration or on appeal and 5 percent or more of the number of properties is in arbitration or on appeal. When the assessed value in dispute on any one appeal or arbitration exceeds 1.5 percent of the total assessed value of the total taxable digest of the county for the same year, such appeal or arbitration

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GENERAL ACTS AND RESOLUTIONS, VOL. I

may be excluded by the commissioner in making his or her determination of whether the digest may be approved under the limitations of the Code section."

SECTION 2.

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

Approved May 1, 2000.

PROFESSIONS AND BUSINESSES- PROFESSIONAL LICENSING BOARDS DIVISION; SUCCESSOR TO JOINT SECRETARY OF STATE EXAMINING BOARDS.
Code Titles 43 and 12, 14, 26, and 48 Amended.
No. 947 (House Bill No. 734).
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the professional licensing boards division within the office of the Secretary of State as successor to the office of the joint-secretary of the state examining boards and provide for actions taken prior to such succession; to provide for continuing existence of certain rights, privileges, entitlements and duties of parties to certain contracts, leases, agreements, and other transactions and prohibit the impairment or diminishment thereof; to change the provisions relating to definitions; to provide for references in other statutes; to rename state examining boards as professional licensing boards; to provide for a director, deputy directors, and executive directors of that division and their appointment; to provide for the directors' and board members' compensation and terms of office; to provide for the powers, duties, and functions of such directors; to provide for funding and appropriations; to provide for investigators; to provide for venue and fees; to make conforming amendments to numerous other provisions of the Official Code of Georgia Annotated; to change certain references to the Superior Court of Fulton County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Code Section 43-1-1, relating to general provisions definitions, and inserting in its place the following:

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"43-1-1.

As used in this title, the term:

(1) 'Division' means the professional licensing boards division created under Code Section 43-1-2.

(2) 'Division director' means the individual appointed by the Secretary of State as director of the professional licensing boards division within the office of the Secretary of State.

(3) 'Professional licensing board' means any board, bureau, commission, or other agency of the executive branch of state government which is created for the purpose of licensing or otherwise regulating or controlling any profession, business, or trade and which is placed by law under the jurisdiction of the director of the professional licensing boards division within the office of the Secretary of State."

SECTION 2.

Said title is further amended by striking Code Section 43-1-2, relating to powers of the joint-secretary, and inserting in its place the following:

"43-1-2.

(a) (1) There is created within the office of the Secretary of State the professional licensing boards division as successor to the office of the jointsecretary of the state examining boards. The Secretary of State is authorized and directed to appoint a director of the professional licensing boards division.

(2) Any action of the joint-secretary taken with regard to any state examining board prior to July 1, 2000, shall thereafter be deemed to be action taken by the director of the professional licensing boards division and that division director shall thereafter act in the stead of such joint-secretary and succeed to the powers and duties of the joint-secretary with regard to those state examining boards. The rights, privileges, entitlements, or duties of parties to contracts, leases, agreements, or other transactions entered into by the joint-secretary prior to July 1, 2000, shall continue to exist and shall not be impaired or diminished by reason of the succession of the division director to the powers and duties of the joint-secretary.

(b) The salary of the division director shall be fixed by the Secretary of State, and he or she shall hold office at the pleasure of the Secretary of State.

(c) The Secretary of State, notwithstanding any other provlSlons of law to the contrary, shall employ personnel as deemed necessary to carry out this chapter and to provide for all services required by each of the professional

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licensing boards and shall establish within the guidelines provided by the laws and rules and regulations of the state merit system the qualifications of such personnel.

(d) The division director, with the approval of the Secretary of State, notwithstanding any other provisions of law to the contrary, shall enter into such contracts as are deemed necessary to carry out this chapter to provide for all services required by each of the professional licensing boards.

(e) The Secretary of State, notwithstanding any other provisions of law to the contrary, shall have the power to employ and shall set the qualifications and salary for a deputy division director and shall appoint executive directors as required who shall act in the absence of the division director and who shall perform such other functions of the division director under this chapter as the division director may designate. The deputy division director and executive directors as appointed shall be in the unclassified service and shall be excluded from the classified service as defined in Article 1 of Chapter 20 of Title 45.

(f) Notwithstanding any other provisions of law to the contrary, each member of the various professional licensing boards may receive the expense allowance as provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier within the state. Any board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a board member. For each day's service outside of the state as a board member, such member shall receive actual expenses as an expense allowance as well as the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by members of the various professional licensing boards are subject to approval of the president or chairperson of the respective board and the division director.

(g) All meetings and hearings of the respective professional licensing boards shall be held in the capitol, at the site of the office of the respective board, or at such other site as may be requested by the chairperson or president of a professional licensing board and approved by the division director.

(h) A majority of the appointed members of a professional licensing board shall constitute a quorum for the transaction of business by that board.

(i) A schedule of all meetings and hearings of the various professional licensing boards shall be maintained at the office of the division director and be available for public review.

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U) The division director shall establish administrative standards for the examination of applicants for licensure by the various professional licensing boards, notwithstanding any other provisions of law to the contrary. These administrative standards shall include the setting of date, time, and location of examinations, subject to the approval of the respective professional licensing boards. Notwithstanding any other provisions of law to the contrary, examination criteria, examination grading procedures, examination fees, examination passing score requirements, and other matters pertaining to the examination of applicants for licensure may be adopted by rules of the respective professional licensing boards as necessary to implement such examination standards. Examination standards, including examination criteria, grading procedures, and passing score requirements, developed in agreement or in conjunction with a national association of state boards or other related national association for the administration of a nationally recognized uniform examination may be adopted in lieu of state standards by the respective professional licensing boards.

(k) The division director shall prepare and maintain a roster containing the names and addresses of all current licensees for each of the various professional licensing boards. A copy of this roster shall be available to any person upon request at a fee prescribed by the division director sufficient to cover the cost of printing and distribution. The following shall be treated as confidential and need not be disclosed without the approval of the professional licensing board to which application is made:

(l) Applications and other personal information submitted by applicants, except to the applicant, staff, and the board;

(2) Information, favorable or unfavorable, submitted by a reference source concerning an applicant, except to the staff and the board;

(3) Examination questions and other examination materials, except to the staff and the board; and

(4) The deliberations of the board with respect to an application, an examination, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in official board minutes.

(l) Funding for the office of the division director and the various professional licensing boards served by such office shall be contained in a common budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act."'

SECTION 3.

Said title is further amended by striking Code Section 43-1-3, relating to duties of the joint-secretary, and inserting in its place the following:

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"43-1-3.

(a) It shall be the duty of the division director:

(1) To bring together and keep all records relating to the professional licensing boards;

(2) To receive all applications for licenses;

(3) With the consent of the board concerned, to schedule the time and place for examinations;

(4) To schedule the time and place for all hearings;

(5) To issue certificates upon authority of the professional licensing board concerned; and

(6) Except as otherwise provided by law, to collect all fees required by law in connection with the licensing of trades and professions under such boards and to remit the same to the director of the Office of Treasury and Fiscal Services for deposit into the general fund of the state. Notwithstanding any other provision of law, the division director is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter; provided, however, that nothing in this Code section shall be construed so as to allow the division director to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the division director shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such funds.

(b) All orders and processes of the professional licensing boards shall be signed and attested by the division director in the name of the particular professional licensing board, with the seal of such board attached. Any notice or legal process necessary to be served upon any of the state examining boards may be served upon the division director."

SECTION 4.

Said title is further amended by striking Code Section 43-1-5, relating to investigators, and inserting in its place the following:

"43-1-5.

(a) Persons hired for the purpose of conducting investigations for the professional licensing boards shall be designated as investigators and any person so designated shall have all the powers of a peace officer of this state when engaged in the enforcement of this title or of any of the laws creating or related to the professional licensing boards. Such investigators shall be au-

T

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thorized, upon the written approval of the division director, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129, to carry firearms of a caliber not greater than the standard police .38 handgun.

(b) Any person designated as an investigator within the meaning of this Code section shall be considered to be a peace officer."
SECTION 5.

Said title is further amended by striking Code Section 43-1-7, relating to fees, and inserting in its place the following:
"43-1-7.

Each professional licensing board is authorized to charge an examination fee, license fee, license renewal fee, or similar fee and may establish the amount of the fee to be charged. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged by the professional licensing board shall approximate the total of the direct and indirect costs to the state of the operations of the board. Fees may be refunded for good cause, as determined by the division director."

SECTION 6.

Said title is further amended by striking Code Section 43-1-19, relating to grounds for license sanctions, and inserting in its place the following:

"43-1-19.

(a) A professional licensing board shall have the authority to refuse to grant a license to an applicant therefor or to revoke the license of a person licensed by that board or to discipline a person licensed by that board, upon a finding by a majority of the entire board that the licensee or applicant has:

(1) Failed to demonstrate the qualifications or standards for a license contained in this Code section, or under the laws, rules, or regulations under which licensure is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires;

(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; or practiced fraud or de-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ceit or intentionally made any false statement in obtaining a license to practice the licensed business or profession; or made a false statement or deceptive registration with the board;
(3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or \n the courts of the United States; as used in this paragraph and paragraph (4) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;
(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
(A) First offender treatment without .adjudication of guilt pursuant to the charge was granted; or
(B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere.
The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime;
(5) Had his or her license to practice a business or profession licensed under this title revoked, suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against him or her by any such lawful licensing authority other than the board; or was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings;
(6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice a business or profession licensed under this title, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed business or profession but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional conduct shall

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also include any departure from, or the failure to conform to, the mm1mal reasonable standards of acceptable and prevailing practice of the business or profession licensed under this title;

(7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by a professional licensing board to practice a business or profession licensed under this title or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board;

(8) Violated a statute, law, or any rule or regulation of this state, any other state, the professional licensing board regulating the business or profession licensed under this title, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession licensed under this title, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement;

(9) Been adjudged mentally incompetent by a court of competent jurisdiction within or outside this state; any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect;

(10) Displayed an inability to practice a business or profession licensed under this title with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material;

(11) Failed to comply with an order for child support as defined by Code Section 19-11-9.3; it shall be incumbent upon the applicant or licensee to supply a notice of release to the board from the child support agency within the Department of Human Resources indicating that the applicant or licensee has come into compliance with an order for child support so that a license may issue or be granted if all other conditions for licensure are met; or

(12) Failed to enter into satisfactory repayment status and is a borrower in default as defined by Code Section 20-3-295; it shall be incumbent upon the applicant or licensee to supply a notice of release to the board from the Georgia Higher Education Assistance Corporation indicating that the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

applicant or licensee has entered into satisfactory repayment status so that a license may be issued or granted if all other conditions for licensure are met.
(b) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' with respect to emergency action by a professional licensing board and summary suspension of a license are adopted and incorporated by reference into this Code section.

(c) For purposes of this Code section, a professional licensing board may obtain, through subpoena by the division director, upon reasonable grounds, any and all records relating to the mental or physical condition of a licensee or applicant, and such records shall be admissible in any hearing before the board.

(d) When a professional licensing board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section or the laws, rules, or regulations relating to the business or profession licensed by the board, the board may take any one or more of the following actions:

(1) Refuse to grant or renew a license to an applicant;

(2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee;

(3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license;
(4) Limit or restrict any license as the board deems necessary for the protection of the public;
(5) Revoke any license;

(6) Condition the penalty upon, or withhold formal disposition pending, the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct;
(7) Impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the licensed business or profession; or
(8) Impose on a licensee or applicant fees or charges in an amount necessary to reimburse the professional licensing board for the administrative and legal costs incurred by the board in conducting an investigative or disciplinary proceeding.
(e) In addition to and in conjunction with the actions described in subsection (d) of this Code section, a professional licensing board may make a finding adverse to the licensee or applicant but withhold imposition of judg-

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ment and penalty; or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose.

(f) Initial judicial review of a final decision of a professional licensing board shall be had solely in the superior court of the county of domicile of the board. The court may assess reasonable and necessary attorney's fees and expenses of litigation in any such review if, upon the motion of any party or the court itself, it finds that an attorney or any party aggrieved by an action of the board appealed such action of the board or any part thereof when such appeal lacked substantial justification or when such appeal or any part thereof was interposed for delay or harassment or if it finds that an attorney or aggrieved party unnecessarily expanded the proceeding by other improper conduct. As used in this subsection, 'lacked substantial justification' means substantially frivolous, substantially groundless, or substantially vexatious.

(g) In its discretion, a professional licensing board may reinstate a license which has been revoked or issue a license which has been denied or refused, following such procedures as the board may prescribe by rule; and, as a condition thereof, it may impose any disciplinary or corrective method provided in this Code section or the laws relating to the licensed business or profession.
(h) (1) The division director is vested with the power and authority to make, or cause to be made through employees or agents of the division, such investigations as he or she or a respective board may deem necessary or proper for the enforcement of the provisions of this Code section and the laws relating to businesses and professions licensed by that board. Any person properly conducting an investigation on behalf of a professional licensing board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The division director or his or her appointed representative may issue subpoenas to compel access to any writing, document, or other material upon a determination that reasonable grounds exist for the belief that a violation of this Code section or any other law relating to the practice of the licensed business or profession subject to regulation or licensing by such board may have taken place.

(2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the division director, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than



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GENERAL ACTS AND RESOLUTIONS, VOL. I

a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority.

(3) If a licensee is the subject of a board inquiry, all records relating to any person who receives services rendered by that licensee in his or her capacity as licensee shall be admissible at any hearing held to determine whether a violation of this chapter has taken place, regardless of any statutory privilege; provided, however, that any documentary evidence relating to a person who received those services shall be reviewed in camera and shall not be disclosed to the public.

(4) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel of that licensee or applicant.

(i) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice a business or profession licensed under this title or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to a professional licensing board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding involving the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice the business or profession licensed by the board shall be immune from civil and criminal liability for so testifying.
(j) Neither the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a previously denied license shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; notice and hearing within the meaning of said chapter shall not be required, but the applicant or licensee shall be allowed to appear before the board if he or she so requests. A board may resolve a pending action by the issuance of a letter of concern. Such letter shall not be considered a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be disclosed to any person except the licensee or applicant.
(k) If any licensee or applicant after reasonable notice fails to appear at any hearing of the professional licensing board for that licensee or applicant, the board may proceed to hear the evidence against such licensee or appli-

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cant and take action as if such licensee or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served personally upon the licensee or applicant or served by certified mail, return receipt requested, to the last known address of record with the board. If such material is served by certified mail and is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the division director, or his or her designee, shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon that director, or that director's designee, shall be deemed to be service upon the licensee or applicant.

(I) The voluntary surrender of a license or the failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said license, subject to reinstatement in the discretion of a board. A board may restore and reissue a license to practice under the law relating to that board and, as a condition thereof, may impose any disciplinary sanction provided by this Code section or the law relating to that board.

(m) This Code section shall apply equally to all licensees or applicants whether individuals, partners, or members of any other incorporated or unincorporated associations, corporations, limited liability companies, or other associations of any kind whatsoever.

(n) Regulation by a professional licensing board of a business or profession licensed under this title shall not exempt that business or profession from regulation pursuant to any other applicable law, including but not limited to Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'

(o) Subsections (a), (d), and (e) of this Code section shall be supplemental to and shall not operate to prohibit any professional licensing board from acting pursuant to those provisions of law which may now or hereafter authorize other disciplinary grounds and actions for that particular board. In cases where those other provisions of law so authorize other disciplinary grounds and actions but subsection (a), (d), or (e) of this Code section limit such grounds or actions, those other provisions shall apply."

SECTION 7.

Said title is further amended by striking Code Section 43-1-21, relating to release of investigative information, and inserting in its place the following:

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"43-1-21.

The division director is authorized to provide to any lawful licensing authority of this or any other state, upon inquiry by such authority, information regarding a past or pending investigation of or disciplinary sanction against any applicant for licensure by that board or licensee of that board notwithstanding the provisions of subsection (h) of Code Section 43-1-19 or any other law to the contrary regarding the confidentiality of that information. Nothing in this Code section or chapter shall be construed to prohibit or limit the authority of that director to disclose to any person or entity information concerning the existence of any investigation for unlicensed practice being conducted against any person who is neither licensed nor an applicant for licensure by a state examining board."

SECTION 8.
Said title is further amended by striking Code Section 43-1-22, relating to inactive status, and inserting in its place the following:
"43-1-22.

The division director may provide for inactive status licenses for the various professional licensing boards."
SECTION 9.

Said title is further amended by striking paragraph (7) of Code Section 43-10A3, relating to definitions regarding licensing of professional counselors, social workers, and marriage and family therapists, and inserting in its place the following:

"(7) 'Division director' means the director of the professional licensing boards division. The division director shall serve as secretary to the board."

SECTION 10.
Said title is further amended by striking subsections (b), (c), (h), and (k) of Code Section 43-1 OA-17, relating to sanctions against persons licensed as professional counselors, social workers, or marriage and family therapists, and inserting in their respective places the following subsections:
"(b) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' with respect to emergency action by a professional licensing board and summary suspension of a license are adopted and incorporated by reference into this Code section.

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(c) For purposes of this Code section, the board may obtain, through subpoena by the division director, upon reasonable grounds, any and all records relating to the mental or physical condition of a licensee or applicant, and such records shall be admissible in any hearing before the board."

"(h) (1) The division director is vested with the power and authority to make, or cause to be made through employees or agents of the board, such investigations as he or she or the board may deem necessary or proper for the enforcement of the provisions of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The division director or his or her appointed representative may issue subpoenas to compel such access upon a determination that reasonable grounds exist for the belief that a violation of this chapter may have taken place.

(2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the division director, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority.
(3) If a licensee is the subject of a board inquiry, all records relating to any person who receives services rendered by that licensee in his or her capacity as licensee shall be admissible at any hearing held to determine whether a violation of this chapter has taken place, regardless of any statutory privilege; provided, however, that any documentary evidence relating to a person who received those services shall be reviewed in camera and shall not be disclosed to the public.

(4) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel of that licensee or applicant."

"(k) If any licensee or applicant after reasonable notice fails to appear at any hearing of the board, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served upon the licensee or applicant by certified mail, return receipt requested, to the last known address of record with the board. If such material is returned marked 'unclaimed' or 'refused' or is otherwise undeliver-

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able and if the licensee or applicant cannot, after diligent effort, be located, the division director shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the division director shall be deemed to be service upon the licensee or applicant."
SECTION 11.
Said title is further amended by striking subsection (b) of Code Section 43-1916, relating to sanctions against licenses of geologists, and inserting in its place the following:
"(b) The action by the board in granting or refusing to grant or renew a certificate under this chapter or in revoking or suspending or in refusing to revoke or suspend such a certificate may be appealed in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' to the superior court of the county of domicile of the board; provided that, if the findings of the board are supported by any evidence, such findings shall be accepted by the court."
SECTION 12.
Said title is further amended by striking Code Section 43-24-3, relating to powers of the joint-secretary regarding the State Board for the Certification of Librarians, and inserting in its place the following:
"43-24-3.

The same jurisdiction, duties, powers, and authority which the division director has with reference to other professional licensing boards is conferred upon that director with respect to the board."
SECTION 13.
Said title is further amended by striking subsection (b) of Code Section 43-265, relating to general powers of the Georgia Board of Nursing, and inserting in its place the following:
"(b) The board shall be the sole professional licensing board for determining if a registered professional nurse or any other person has engaged illegally in the practice of nursing. If a registered professional nurse is charged with the unauthorized practice of any other health profession by any other board, such board shall notify the Georgia Board of Nursing before conducting any hearing. Nothing contained in this article shall be construed to limit any powers of any other board."

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SECTION 14.

Said title is further amended by striking Code Section 43-34-24.1, relating to the status of the Composite State Board of Medical Examiners, and inserting in its place the following:

"43-34-24.1.

(a) The board shall not be under the jurisdiction of the Secretary of State but shall be an independent state agency attached to the Department of Community Health for administrative purposes only, as provided in Code Section 504-3, except that such department shall prepare and submit the budget for the board. The board shall not be a professional licensing board but shall have with respect to all matters within the jurisdiction of the Composite State Board of Medical Examiners as provided under this chapter the powers, duties, and functions of such licensing boards as provided in Chapter 1 of this title.

(b) The board shall appoint and fix the compensation of an executive director of such board who shall serve at the pleasure of the board. Any reference in this chapter to the executive director shall mean the executive director appointed pursuant to this subsection. The executive director shall have, with respect to the board, the same powers, duties, and functions granted to the division director with respect to professional licensing boards under Chapter l of this title but without being subject to any approval or other powers exercised by the Secretary of State.

(c) Meetings and hearings of the board shall be held at the site of the office of the board or at such other site as may be specified by the president of the board. A majority of the members of the board shall constitute a quorum for the transaction of business of the board.

(d) Licenses issued by the board which are subject to renewal shall be valid for up to two years and shall be renewable biennially on the renewal date established by the board.

(e) The board, through the executive director, may hire investigators for the purpose of conducting investigations for the board and those persons shall be designated as investigators and have the powers, duties, and status of investigators for professional licensing boards under Code Section 43-1-5.

(f) The venue of any action involving members of the board shall be governed by the laws of this state relating to venue. The executive director of the board shall not be considered a member of the board in determining the venue of any such action and no court shall have jurisdiction of any such action solely by virtue of the executive director residing or maintaining a residence within its jurisdiction.

1722

GENERAL ACTS AND RESOLUTIONS, VOL. I

(g) The board shall give point credit to veterans in the same manner as required for professional licensing boards under Code Sections 43-1-9 through 43-1-13.

(h) Persons appointed to the board shall be subject to Senate confirmation as provided in Code Section 43-1-16 and subject to removal as provided in Code Section 43-1-17.

(i) Initial judicial review of a final decision of the board shall be had solely in the superior court of the county of domicile of the board.
(j) The board, through the executive director, shall hire such personnel as it deems necessary to carry out its functions under this chapter and may appoint professionally qualified persons to serve as members of peer review committees; provided, however, that no licensing, investigative, or disciplinary duties or functions of the board may be delegated to any medical association or related entity by contract or otherwise.

(k) The board shall make a report no later than December 31 of each year covering the activities of the board for that calendar year, which report shall be submitted to the commissioner of community health, and shall be made available to any member of the General Assembly upon request."

SECTION 15.

Said title is further amended by striking paragraph (1) of Code Section 43-383, relating to definitions regarding the Georgia Board of Private Detective and Security Agencies, and inserting in it place the following:

"(1) 'Board' means the Georgia Board of Private Detective and Security Agencies, a professional licensing board."
SECTION 16.

Said title is further amended by striking subsection (a) of Code Section 43-395, relating to officers of the State Board of Examiners of Psychologists, and inserting in its place the following:

"(a) The board shall elect annually a president and a vice-president. The board shall operate under the terms of Chapter 1 of this title, providing for a division director for the professional licensing boards division; and the division director shall serve the board as provided by law."
SECTION 17.

Said title is further amended by striking subsection (g) of Code Section 43-402, relating to creation of the Georgia Real Estate Commission, and inserting in its place the following:

GEORGIA LAWS 2000 SESSION

1723

"(g) The commission shall be a budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act'; provided, however, that the commission shall be assigned for administrative purposes only to the office of the Secretary of State."
SECTION 18.

Said title is further amended by striking from the following Code sections "Superior Court of Fulton County" wherever it appears and inserting in its place "superior court of the county of domicile of the board":
(1) Code Section 43-29-13, relating to appeal of decisions of the State Board of Dispensing Opticians;
(2) Code Section 43-35-16, relating to judicial review of decisions of the State Board of Podiatry Examiners; and
(3) Code Section 43-38-11, relating to judicial review of decisions of the Georgia Board of Private Detective and Security Agencies.
SECTION 19.

The Official Code of Georgia Annotated is amended by striking from the following Code sections 'joint-secretary" wherever it appears and inserting in its place "division director" and by striking "state examining" wherever it appears and inserting in its place "professional licensing":
(1) Code Section 20-3-250.26, relating to examining board authority regarding certain educational institutions;
(2) Code Section 25-4-3, relating to organization of the Georgia Firefighter Standards and Training Council;
(3) Code Section 25-9-13, relating to penalties regarding blasting;
(4) Code Section 26-4-43, relating to temporary pharmacist licenses;
(5) Code Section 26-4-44, relating to pharmacist license renewal;
(6) Code Section 26-4-45, relating to pharmacist continuing education;

(7) Code Section 26-4-49, relating to drug researcher's permits; (8) Code Section 26-4-61, relating to temporary suspension of pharmacist licenses; (9) Code Section 26-4-115, relating to wholesale drug distributors;
(10) Code Section 31-5A-3, relating to powers of the Board of Community Health; (11) Code Section 43-1-4, relating to license expiration and renewal dates;

1724

GENERAL ACTS AND RESOLUTIONS, VOL. I

(12) Code Section 43-1-6, relating to venue of actions;

(13) Code Section 43-1-9, relating to veterans' credit;

(14) Code Section 43-1-10, relating to credit when examinations are given in parts;

(15) Code Section 43-1-11, relating to grading examinations;

(16) Code Section 43-1-12, relating to information regarding veterans' credits;

(17) Code Section 43-1-14, relating to Governor's appointments to certain boards;

(18) Code Section 43-1-16, relating to Senate confirmation of appointments;

(19) Code Section 43-1-17, relating to removal from office of members of examining boards;

(20) Code Section 43-1-18, relating to consumer members' voting eligibility on examining boards;

(21) Code Section 43-1-19.2, relating to application questions regarding sanctions;

(22) Code Section 43-1-20, relating to actions to enjoin unlicensed practice;

(23) Code Section 43-1-20.1, relating to cease and desist orders against practice;

(24) Code Section 43-1-23, relating to filing licenses with the clerk of the superior court;

(25) Code Section 43-1-24, relating to licensed professionals subject to examining boards;

(26) Code Section 43-1-25, relating to authority of examining boards to promulgate rules;

(27) Code Section 43-lB-3, relating to patient self-referral definitions;

(28) Code Section 43-24, relating to audits of regulatory agencies;

(29) Code Section 43-34, relating to organization of the State Board of Accountancy;

(30) Code Section 43-3-7, relating to examinations for certified public accountants;

GEORGIA LAWS 2000 SESSION

1725

(31) Code Section 43-3-9, relating to titles used by certified public accountants;
(32) Code Section 43-3-14, relating to examinations for registered accountants;
(33) Code Section 43-3-16, relating to titles used by registered public accountants;
(34) Code Section 43-3-24, relating to permits to engage in public accountancy;
(35) Code Section 43-4-5, relating to record of the State Board of Architects;
(36) Code Section 43-4-11, relating to exam qualifications for examinations for architects;
(37) Code Section 43-4-12, relating to filing of evidence of qualifications for examination for architects;
(38) Code Section 43-4A-3, relating to creation of the Georgia Athlete Agent Regulatory Commission;

(39) Code Section 43-4A-10, relating to temporary registration as athlete agents;
(40) Code Section 43-5-4, relating to records of the Georgia Board of Athletic Trainers;
(41) Code Section 43-5-11, relating to hearings upon sanctions against athletic trainers;
(42) Code Section 43-6-2, relating to creation of the Georgia Auctioneers Commission;
(43) Code Section 43-6-13, relating to license fees for auctioneers;
(44) Code Section 43-7-3, relating to definitions regarding licensing of barbers;
(45) Code Section 43-7-7, relating to meetings of the State Board of Barbers;
(46) Code Section 43-7-9, relating to powers of the State Board of Barbers;
(47) Code Section 43-7-18, relating to renewal of barbers' licenses;
(48) Code Section 43-8A-20, relating to continuation of the State Boxing Commission;

fl(fT

1726

GENERAL ACTS AND RESOLUTIONS, VOL. I

(49) Code Section 43-9-5, relating to reimbursement of members of Georgia Board of Chiropractic Examiners;

(50) Code Section 43-9-6.1, relating to authority of Georgia Board of Chiropractic Examiners;

(51) Code Section 43-9-7, relating to qualifications for license as chiropractor;

(52) Code Section 43-9-12, relating to sanctions against chiropractic licensees;

(53) Code Section 43-9-14, relating to records of revocation of chiropractor's license;

(54) Code Section 43-9-15, relating to reissuance of chiropractors' licenses;

(55) Code Section 43-10-5, relating to records of the State Board of Cosmetology;

(56) Code Section 43-10-6, relating to sanitary requirements of beauty shops;

(57) Code Section 43-10-7, relating to issuance of certificates of registration for cosmetologists;

(58) Code Section 43-10-8, relating to certificates required to practice cosmetology;

(59) Code Section 43-10-9, relating to application for certificates of registration for cosmetologists;

(60) Code Section 43-10-10, relating to display of cosmetologists' certificates of registration;

(61) Code Section 43-10-11, relating to registration of beauty shops;
(62) Code Section 43-10-12, relating to permits for schools of cosmetology;

(63) Code Section 43-10-14, relating to age for learning cosmetology;
(64) Code Section 43-10A-5, relating to oath for Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists;

(65) Code Section 43-10A-18, relating to injunctions to enforce laws re-
garding professional counselors, social workers, and marriage and family therapists;

GEORGIA LAWS 2000 SESSION

1727

(66) Code Section 43-11-5, relating to change of address of members of Georgia Board of Dentistry;

(67) Code Section 43-11-8, relating to powers of the Georgia Board of Dentistry;

(68) Code Section 43-11-12, relating to public inspection of records of the Georgia Board of Dentistry;

(69) Code Section 43-11-13, relating to service of orders of Georgia Board of Dentistry;

(70) Code Section 43-1140, relating to qualifications for license to practice dentistry;

(71) Code Section 43-1143, relating to fees for licenses to practice dentistry;

(72) Code Section 43-1146, relating to continuing education for dentists;

(73) Code Section 43-1147, relating to sanctions against dentist licensees;

(74) Code Section 43-1148, relating to proceedings of the Georgia Board of Dentistry;

(75) Code Section 43-11-70, relating to examination and licensing of dental hygienists;

(76) Code Section 43-11-73, relating to renewal of dental hygienist's licenses;

(77) Code Section 43-11A-15, relating to sanctions by the Georgia Board of Examiners of Licensed Dietitians;

(78) Code Section 43-14-3, relating to creation of the State Construction Industry Licensing Board;

(79) Code Section 43-14-6, relating to powers of the State Construction Industry Licensing Board;

(80) Code Section 43-14-7, relating to orders of the State Construction Industry Licensing Board;

(81) Code Section 43-154, relating to rules of the State Board of Registration for Professional Engineers and Land Surveyors;

(82) Code Section 43-15-17, relating to renewal of professional engineers' certificates;

(83) Code Section 43-15-18, relating to effect of professional engineers' certificates of registration;

1728

GENERAL ACTS AND RESOLUTIONS, VOL. I

(84) Code Section 43-18-22, relating to organization of the State Board of Funeral Service;

(85) Code Section 43-1840, relating to applications for embalmers' and funeral directors' licenses;

(86) Code Section 43-19-5, relating to organization of the State Board of Registration for Professional Geologists;

(87) Code Section 43-19-7, relating to appeals from decision of the State Board of Registration for Professional Geologists;

(88) Code Section 43-19-8, relating to records of the State Board of Registration for Professional Geologists;

(89) Code Section 43-19-15, relating to certificates of registration of geologists;

(90) Code Section 43-20-3, relating to definitions regarding hearing aid dealers and dispensers;

(91) Code Section 43-20-5, relating to meetings of the State Board of Hearing Aid Dealers and Dispensers;

(92) Code Section 43-20-6, relating to powers of the State Board of Hearing Aid Dealers and Dispensers;

(93) Code Section 43-20-7, relating to licenses of hearing aid dispensers;

(94) Code Section 43-20-9, relating to examinations for licensing as hearing aid dealer;

(95) Code Section 43-20-11, relating to apprentice dispensers' permits;

(96) Code Section 43-20-12, relating to notices by hearing aid dealers;

(97) Code Section 43-20-14, relating to renewal of licenses of hearing aid dealers;

(98) Code Section 43-23-2, relating to creation of Georgia Board of Landscape Architects;

(99) Code Section 43-23-8, relating to examination for licenses of landscape architects;

(100) Code Section 43-24-6, relating to applicants for librarians' certificates;

(101) Code Section 43-26-39, relating to renewal of licensed practical nurses' licenses;

(102) Code Section 43-27-3, relating to organization of State Board of Nursing Home Administrators;

GEORGIA LAWS 2000 SESSION

1729

(103) Code Section 43-27-8, relating to fees for nursing home administrators;

(104) Code Section 43-28-3, relating to definitions regarding occupational therapists;

(105) Code Section 43-28-5, relating to joint-secretary's duties regarding State Board of Occupational Therapy;

(106) Code Section 43-28-6, relating to records of the State Board of Occupational Therapy;

(107) Code Section 43-28-7, relating to powers of State Board of Occupational Therapy;

(108) Code Section 43-28-14, relating to renewal of licenses for occupational therapists;

(109) Code Section 43-29-3, relating to creation of the State Board of Dispensing Opticians;

(110) Code Section 43-29-4, relating to records of the State Board of Dispensing Opticians;

(111) Code Section 43-29-8, relating to fees and examinations of dispensing opticians;

(112) Code Section 43-29-10, relating to registration of dispensing opticians;

(113) Code Section 43-29-19, relating to advance fees of dispensing opticians;

(114) Code Section 43-30-7, relating to certificates of registration for optometrists;

(115) Code Section 43-30-8, relating to registration of optometrists;

(116) Code Section 43-30-11, relating to appeal of decisions of State Board of Optometry;

(117) Code Section 43-33-9, relating to the secretary of the State Board of Physical Therapy;

(118) Code Section 43-33-10, relating to powers of the State Board of Physical Therapy;

(119) Code Section 43-33-16, relating to expiration of physical therapists' licenses;

1730

GENERAL ACTS AND RESOLUTIONS, VOL. I

(120) Code Section 43-34-148, relating to sanctions against respiratory care professionals;
(121) Code Section 43-35-3, relating to definitions regarding podiatry practice;
(122) Code Section 43-35-8, relating to joint-secretary's duties with State Board of Podiatry Examiners;
(123) Code Section 43-35-9, relating to duties of the State Board of Podiatry Examiners;
(124) Code Section 43-35-15, relating to renewal of licenses to practice podiatry;
(125) Code Section 43-35-16, relating to sanctions of persons holding licenses to practice podiatry;
(126) Code Section 43-38-4, relating to creation of the Georgia Board of Private Detective and Security Agencies;
(127) Code Section 43-38-6, relating to licenses for private detective businesses;
(128) Code Section 43-38-7, relating to registration of employees of private detective businesses;
(129) Code Section 43-38-9, relating to fingerprints of applicants for private detective business licenses;
(130) Code Section 43-38-10, relating to permits to carry firearms for persons licensed as private detective businesses or security agencies;
(131) Code Section 43-39-6, relating to the code of conduct of State Board of Examiners of Psychologists;
(132) Code Section 43-39-8, relating to applications for license to practice psychology;
(133) Code Section 43-39-13, relating to sanctions of persons holding licenses to practice psychology;
(134) Code Section 43-44-6, relating to powers of State Board of Examiners for Speech Language Pathology and Audiology;
(135) Code Section 43-47-4, relating to secretary of the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers;
(136) Code Section 43-47-8, relating to license applications to the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers;

GEORGIA LAWS 2000 SESSION

1731

(137) Code Section 43-50-22, relating to license requirements for veterinarians;

(138) Code Section 43-50-24, relating to examinations for licenses to practice veterinary medicine;

(139) Code Section 43-50-26, relating to renewal of license to practice veterinary medicine;

(140) Code Section 43-50-27, relating to sanctions against persons licensed as veterinarians;
(141) Code Section 43-50-53, relating to examinations for certificates to practice as veterinary technicians;

(142) Code Section 43-50-54, relating to duties of veterinary technicians;
(143) Code Section 43-51-3, relating to creation of State Board of Examiners for Certification of Water and Wastewater and Treatment Plant Operators and Laboratory Analysts;

(144) Code Section 43-51-4, relating to administrative agent for State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts; and
(145) Code Section 47-17-1, relating to definitions regarding the Peace Officers' Annuity and Benefit Fund.
SECTION 20.
Part 2 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to professional forestry, is amended by striking from the following Code sections, wherever it appears, ~oint-secretary of the state examining boards" and inserting in its place "division director of the professional licensing boards division, as provided in Chapter 1 of Title 43":

(1) Code Section 12-6-46, relating to meetings of State Board of Registration for Foresters;
(2) Code Section 12-6-51, relating to examinations for licensing a registered forester; and

(3) Code Section 12-6-56, relating to licenses for registered foresters.
SECTION 21.
Code Section 14-10-2 of the official Code of Georgia Annotated, relating to definitions regarding professional associations, is amended by striking paragraph (2) and inserting in its place the following:

1732

GENERAL ACTS AND RESOLUTIONS, VOL. I

"(2) 'Professional service' means the personal services rendered by attorneys at law and any type of professional service which may be legally performed only pursuant to a license from a board pursuant to Title 43, for example, the personal services rendered by certified public accountants, chiropractors, dentists, osteopaths, physicians and surgeons, and podiatrists (chiropodists)."
SECTION 22.

Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by striking paragraph (20) of Code Section 26-4-5, relating to definitions regarding pharmacists and pharmacies, and inserting in its place the following:

"( 11.1) 'Division director' means the division director of the professional licensing boards division, as provided in Chapter 1 of Title 43."

SECTION 23.

Said chapter is further amended by striking Code Section 264-24, relating to Georgia State Board of Pharmacy meetings, and inserting in its place the following:

"26-4-24.

The board shall meet at least annually to organize and elect a president and a vice-president from its members. The division director shall be the secretary of the board and shall have all the power, duties, and authority with reference to such board as shall be prescribed by Chapter 1 of Title 43 and shall perform such other duties as may be prescribed by the board. All appeals from the decision of the board, all documents or applications required by law to be filed with the board, and any notice or legal process to be served upon the board may be filed with or served upon the division director at his or her office in the county of domicile of the professional licensing boards division."
SECTION 24.

Said chapter is further amended by striking subsection (e) of Code Section 264-130, relating to drug dispensing, and inserting in its place the following:

"(e) Any practitioner who desires to dispense drugs shall notifY, at the time of the renewal of that practitioner's license to practice, that practitioner's respective licensing board of that practitioner's intention to dispense drugs. That licensing board shall notifY the board regarding each practitioner concerning whom that board has received a notification of intention to dispense drugs. The licensing board's notification shall include the following information:

(1) The name and address of the practitioner;

GEORGIA LAWS 2000 SESSION

1733

(2) The state professional license number of the practitioner;

(3) The practitioner's Drug Enforcement Administration license number; and

(4) The name and address of the office or facility from which such drugs shall be dispensed and the address where all records pertaining to such drugs shall be maintained."
SECTION 25.

Code Section 48-2-11 of the Official Code of Georgia Annotated, relating to delegation of collection duties by the Department of Revenue, is amended by striking subsection (e) thereof, and inserting in its place the following:

"(e) This chapter shall not in any way affect the collection and administration activities of those regulatory, professional, or vocational bodies or boards operated under the division director of the professional licensing boards division appointed by the Secretary of State under Code Section 43-12 as provided by law or of those other regulatory bodies where a major portion of the license fees is collected by mail."
SECTION 26.

This Act shall become effective on July 1, 2000. SECTION 27.

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

Approved May 1, 2000.

STATE GOVERNMENT - APPROPRIATIONS; S.F.Y 2000 - 2001.
No. 948 (House Bill No. 1160).
AN ACT
To make and provide appropriations for the State Fiscal Year beginning July 1, 2000, and ending June 30, 2001; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

1734

GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2000, and ending June 30, 2001, 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 $13,457,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 2001.

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

$

Senate Functional Budgets

33,849,106 17,307,651 4,747,104 2,668,752
121,000 7,000 0 0
1,315,000 1,112,000
5,000 692,500 164,115 3,956,984 100,000 1,652,000 33,849,106 33,849,106

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the Senate's
Office Total

$

5,560,400

$

990,107

$

1,302,036

$ 7,852,543

House Functional Budgets

Total Funds

$

5,560,400

$

990,107

$

1,302,036

$ 7,852,543

State Funds

House of Representatives and Research Office

$ 12,713,690

$ 12,713,690

GEORGIA LAWS 2000 SESSION

Speaker of the House's Office Clerk of the House's
Office Total

$

480,753

$

1,703,289

$ 14,897,732

Joint Functional Budgets

Total Funds

1735

$

480,753

$

1,703,289

$ 14,897,732

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility
Oversight Committee Total

$

3,436,860

$

2,395,445

$

1,117,779

$

3,730,070

$

418,677

$ 11,098,831

$

3,436,860

$

2,395,445

$

1,117,779

$

3,730,070

$

418,677

$ 11,098,831

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.



1736

GENERAL ACTS AND RESOLUTIONS, VOL. I

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

$

27,645,099

$

23,516,499

$

768,200

$

601,000

$

49,000

$

20,000

$

1,072,400

$

87,000

$

1,194,000

$

337,000

$

27,645,099

$

27,645,099

PART II 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

$

Judicial Branch Functional Budgets

Total Funds

119,947,645 16,177,862
100,760,805 2,833,325 1,837,763 34,284 700,000 600,000
122,944,039 119,947,645
State Funds

Supreme Court Court of Appeals Superior Court -Judges

$

7,922,514

$ 10,698,953

$ 46,040,674

$

7,094,074

$ 10,602,953

$ 46,040,674

GEORGIA LAWS 2000 SESSION

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

$ 38,363,155

$

1,383,075

$

1,l13,081

$

8,272,330

$

215,197

$

5,909,388

$

2,682,982

$

342,690

$ 122,944,039

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

$

Payments to Golf Hall of Fame

$

Alternative Fuels Grant

$

State Self Insurance Fund

$

Payments to Georgia Net Authority

$

1737

$ 36,537,424

$

1,383,075

$

1,066,142

$

8,089,207

$

215,197

$

5,893,227

$

2,682,982

$

342,690

$ 119,947,645

45,521,481 66,957,697 12,437,406
483,471 744,834 1,880,328 1,414,412 4,214,593 381,031 9,949,273 11,180,018
0 0
0
563,793 53,858,325
433,484 15,939,840
496,375 35,000 48,500 75,000
500,000 0
5,000,000

1738

GENERAL ACTS AND RESOLUTIONS, VOL. I

Total Funds Budgeted State Funds Budgeted

$

186,593,380

$

45,521,481

Departmental Functional Budgets

Total Funds

State Funds

Administration Support Services Materials Management Information Technology Risk Management State Properties Commission Office of the Treasury State Office of Administrative
Hearings Total

$ 22,350,298

$ 12,538,010

$ 20,934,769

$ 119,760,452

$

3,951,132

$

736,486

$

1,714,927

$

4,607,306

$ 186,593,380

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

Total Funds

$

8,087,405

$

4,124,738

$

0

$ 27,493,865

$

496,375

$

736,486

$

279,230

$

4,303,382

$ 45,521,481

0 19,913,392 15,468,544
13,000 200,000
90,000 322,000
15,071 261,916 767,389
0 0 0 0 37,051,312 0

State Funds

Administration Facilities Program Operations Security Sales Van Pool Total

$ 13,183,366

$

0

$

0

$

0

$ 12,422,856

$

0

$

6,487,113

$

0

$

4,558,445

$

0

$

399,532

$

0

$ 37,051,312

$

0

GEORGIA LAWS 2000 SESSION

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

Total Funds

1739
41,973,138 34,471,818 4,221,159
1,028,145 291,536 462,673 667,341 814,475 406,380
1,634,741 983,240
3,421,158
3,122,613 265,000 30,000 425,000
884,718 0
650,000 0
40,000 0
53,819,997 41,973,138
State Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology

$ 9,146,570

$ 16,563,622

$

7,233,728

$

7,872,525

$

3,872,480

$

8,433,268

$

697,804

$

8,365,570

$ 13,431,487

$

3,558,728

$

7,685,525

$

3,742,780

$

5,189,048

$

0

1740

GENERAL ACTS AND RESOLUTIONS, VOL. I

Total

$ 53,819,997

$ 41,973,138

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

$

0 1,153,218
197,000 3,000 0 5,000 9,500 0 7,500 96,500
125,000 120,000 1,716,718
0

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

$

11,171,827

$

9,203,028

$

471,206

$

475,103

$

112,380

$

34,422

$

309,790

$

458,071

$

94,392

$

13,435

$

11,171,827

$

11,171,827

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 Felony Expense

$

Contracts for Regional Planning and Development $

67,867,342 20,426,876
2,505,576 504,723 0 384,085
1,451,218 2,260,060
693,735 517,228 500,000 2,204,851

GEORGIA lAWS 2000 SESSION

1741

Local Assistance Grants

$

Appalachian Regional Commission Assessment

$

HUD-Community Development Block Pass thru Grants$

Payment to Georgia Environmental Facilities

Authority

$

Community Service Grants

$

Home Program

$

ARC-Revolving Loan Fund

$

Local Development Fund

$

Payment to State Housing Trust Fund

$

Payments to Sports Hall of Fame

$

Regional Economic Business Assistance Grants

$

State Commission on National and Community

~~

$

EZ/EC Administration

$

29,318,600 133,355
30,000,000
5,315,000 5,000,000 3,165,581
0 617,500 3,281,250 915,888 2,847,147
0 189,073

EZ/EC Grants

$

0

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

$

4,971,497

State Community Development Block Grant

$

1,500,000

Total Funds Budgeted Tobacco Funds Budgeted

7$$_ ___c:;l...:...7c:1:..e,l,'0-=-70080I:"-,'-,0-:-306:-=0-8

State Funds Budgeted

-"-$_ _ _ _6::...:6'-'-,8.::...6::...:7'-'-,3.::...4=2

Departmental Functional Budgets

Total Funds

State Funds

Executive Division Planning and Management Division Business and Financial Assistance
Division Housing and Finance Division Accounting, Budgeting and Personnel
Division Rental Assistance Division Administrative and Computer Support
Division

$ 36,064,711

$

5,251,424

$ 36,717,459

$

8,192,933

$

9,770,875

$ 55,241,304

$

2,921,675

$ 35,700,890

$

4,983,922

$

5,141,421

$

3,165,581

$

8,397,826

$

0

$

1,602,684

1742

GENERAL ACTS AND RESOLUTIONS, VOL. I

Georgia Music Hall of Fame Division Community Service Division External Mfairs Division Total

$

1,874,857

$ 10,715,600

$

4,330,529

$ 171,081,368

Section 8. Department of Community Health.

A. Budget Unit: Medicaid Services

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

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

$

Tobacco Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

$

931,779

$

3,742,995

$

4,200,243

$ 67,867,342

1,338,495,629 30,594,722 7,044,645 281,140 0 77,292
1,050,732,796 1,299,733 807,876
376,362,142 3,367,543,983
1,097,500 64,732 83,244 764,826 0 27,000 400,000 762,000
4,137,000 2,202,803
175,000 14,979,698 7,394,890
488,700 474,240 120,000 4,867,915,962 18,463,913 1,320,031,716

State Funds

Commissioner's Office Medicaid Benefits, Penalties
and Disallowances

$

1,772,243

$ 3,367,543,983

$

892,197

$ 1,230,166,467

GEORGIA LAWS 2000 SESSION

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

$ 40,905,852

$ 48,323,258

$ 53,182,770

$

259,210

$

353,518

$ 1,314,936,605

$

1,702,495

$ 30,537,627

$

1,394,539

$

1,527,448

$

5,476,414

$ 4,867,915,962

B. Budget Unit: Indigent Trust Fund

$

Per Diem, Fees and Contracts

$

Benefits

$

Total Funds Budgeted

$

State Funds Budgeted

$

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

$

Tobacco Funds Budgeted

$

State Funds Budgeted

$

Section 9. Department of Corrections.

A. Budget Unit: Administration, Institutions and

Probation

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

1743

$ 16,761,152

$ 12,080,815

$

3,549,713

$

259,210

$

353,518

$ 34,000,000

$

1,602,495

$ 30,537,627

$

1,394,539

$

1,527,448

$

5,370,448

$ 1,338,495,629

148,828,880 8,200,000
360,067,504 368,267,504 148,828,880

19,929,611 363,061 120,254 50,000 0 1,155 250,000 0 12,350
5,325,376

65,275,830 71,398,026
2,756,037 17,173,574

893,313,467 572,080,764 66,269,462
2,650,534 723,140

1744

GENERAL ACTS AND RESOLUTIONS, VOL. I

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 Health Services Purchases University of Georgia- College of
Veterinary Medicine Contracts Minor Construction Fund
Total Funds Budgeted Indirect DOAS Funding Georgia Correctional Industries State Funds Budgeted

$

3,496,485

$

5,918,394

$

7,413,819

$

7,866,404

$

73,082,967

$

38,000

$

24,098,237

$

1,300,000

$

31,512,595

$

5,550,695

$

0

$

1,093,624

$

4,568,025

$

1,627,150

$

577,160

$

1,527,120

$

103,388,752

$

438,944

$

856,000

$

916,078,271

$

450,000

$

0

$

893,313,467

Departmental Functional Budgets

Total Funds

State Funds

Executive Operations Administration Human Resources Field Probation Facilities Total

$ 34,171,308 $ 16,512,895 $ 129,020,513 $ 70,692,605 $ 665,680,950 $ 916,078,271

$ 33,664,308 $ 16,212,895 $ 120,556,304 $ 70,212,605 $ 652,667,355 $ 893,313,467

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

$

6,904,850

$

12,128,918

$

12,162,322

$

50,375

$

0

$

22,000

$

75,625

$

31,400

GEORGIA lAWS 2000 SESSION

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

1745
419,973 584,768
0 25,475,381
6,904,850
State Funds

Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total

$

2,304,454

$

6,156,844

$ 17,014,083

$ 25,475,381

Section 11. State Board of Education

Department of Education.

A. Budget Unit: Department of Education

$

Operations:

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Real Estate Rentals

$

Per Diem, Fees and Contracts

$

Computer Charges

$

Telecommunications

$

Utilities

$

Capital Outlay

$

QBE Formula Grants:

Kindergarten/Grades 1 - 3

$

Grades 4- 8

$

Grades 9 - 12

$

Limited English-Speaking Students Program

$

Alternative Programs

$

Vocational Education Laboratories

$

Special Education

$

Gifted

$

Remedial Education

$

Staff Development and Professional Development

$

Media

$

Indirect Cost

$

Pupil Transportation

$

Local Fair Share

$

$

2,101,288

$

731,144

$

4,072,418

$ 6,904,850

5,497,325,427
39,335,542 6,261,937 1,393,112
0 317,592 1,643,484 70,398,231 10,630,903 2,198,230 808,452 50,000
1,470, 763,243 1,230,282,244
640,572,767 36,306,945 58,091,662 165,558,340
578,624,415 110,909,798 63,232,671 37,621,355 138,948,965 808,643,440 152,606,489 (932,307 ,605)

1746

GENERAL ACTS AND RESOLUTIONS, VOL. I

Mid-Term Adjustment Reserve

$

Teacher Salary Schedule Adjustment

$

Other Categorical Grants:

Equalization Formula

$

Sparsity Grants

$

Special Education Low - Incidence Grants

$

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

$

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

$

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

$

Health Insurance - Non-Cert. Personnel

and Retired Teachers

$

Governor's Scholarships

$

Innovative Programs

$

Title II Math/Science Grant (Federal)

$

Migrant Education

$

Regional Education Service Agencies

$

Severely Emotionally Disturbed

$

0 121,495,719
221,584,668 3,158,000 620,134
500,000 4,340,000 49,368,917
27,650,639 293,520
236,086,129 3,190,097
75,415,428 5,508,750 1,900,000 756,500
188,375,722 267,333 749,301
8,000,000 1,689,931 20,102,195 1,250,000
100,000 1,608,000 1,042,976 11,625,943 35,282,461
500,000 1,289,604 2,481,927 9,913,513 24,962,356
107,826,070 3,693,967 1,690,215 5,042,895 274,395 10,771,889
60,128,000

r

GEORGIA lAWS 2000 SESSION

Georgia Learning Resources System

$

Special Education in State Institutions

$

At Risk Summer School Program

$

Robert C. Byrd Scholarship (Federal)

$

Troops To Teachers

$

Comprehensive School Reform

$

Character Education

$

National Teacher Certification

$

Health Insurance Adjustment

$

Principal Supplements

$

Grants For School Nurses

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

Tobacco Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

1747
3,691,073 3,884,639 2,077,344 1,059,000
111,930 3,803,865
350,000 476,580 155,299,707 5,760,000 30,000,000 6,149,943,544
0 30,000,000 5,467, 723,325
State Funds

State Administration Student Learning and Assessment Governor's Honors Program Quality and School Support Federal Programs Technology Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for
the Deaf Total

$ 11,349,773

$ 59,222,717

$

1,342,465

$ 14,529,400

$

8,138,401

$ 20,460,788

$ 6,017,306,061

$

5,987,271

$

5,288,604

$

6,318,064

$ 6,149,943,544

B. Budget Unit: Lottery for Education

$

J
r.i !~

Computers in the Classroom Bistance beat ning - Satellite Bishes Post Secondary Options Educational Technology Centers

s~
h

Assistive Technology

$ $ $ $ $

Applied Technology Labs

$

Financial and Management Equipment

$

Alternative Programs

$

Fort Discovery National Science Center

$

Capital Outlay

$

$

9,028,284

$ 49,728,645

$

1,264,876

$ 11,061,889

$

544,407

$ 18,146,282

$ 5,391,734,261

$

5,452,912

$

4,925,167

$

5,836,602

$ 5,497,723,325

47,024,375 29,485,875
l,95e,eee
4,500,000 0 0 0 0 0 0
11,288,500

1748

GENERAL ACTS AND RESOLUTIONS, VOL. I

Learning Logic Sites Student Information System
Total Funds Budgeted Lottery Funds Budgeted
C. Budget Unit: Office of School Readiness Pre-Kindergarten - Grants Pre-Kindergarten - Personal Services Pre-Kindergarten - Operations Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Utilities Capital Outlay Federal Nutrition Grants Standards of Care Total Funds Budgeted Lottery Funds Budgeted State Funds Budgeted
Section 12. Employees' Retirement System. 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

$

0

$

0

$

47,024,375

$

47,024,375

$

1,269,256

$

225,194,380

$

2,235,591

$

5,215,957

$

3,642,166

$

180,283

$

181,959

$

0

$

11,528

$

130,500

$

1,186,947

$

225,693

$

31,724

$

0

$

0

$

129,817,711

$

134,500

$

368,188,939

$

232,645,928

$

1,269,256

$

2,992,000

$

2,649,178

$

435,100

$

29,000

$

0

$

1,450

$

1,269,708

$

340,740

$

70,002

$

2,557,000

$

2,992,000

$

10,344,178

$

2,992,000

$

37,428,116

$

30,824,082

$

5,707,411

$

179,793

GEORGIA LAWS 2000 SESSION

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

Total Funds

1749
1,296,822 2,091,933
358,525 7,736
1,191,041 1,047,903
28,500 60,000
0 0 42,793,746 37,428,116
State Funds

Reforestation Field Services General Administration and
Support Total

$

2,167,586

$ 36,686,568

$

3,939,592

$ 42,793,746

Section 14. Georgia Bureau of Investigation.

Budget Unit: Georgia Bureau of Investigation

$

Personal Services

$

Regular Operating Expenses

$

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

$

Departmental Functional Budgets

Total Funds

$

0

$ 33,656,679

$

3,771,437

$ 37,428,116

61,790,274 46,347,930
6,371,747 527,379 437,010
1,650,395 597,960 418,425
1,059,319 3,956,442
423,667 0
61,790,274 61,790,274

State Funds

Administration Investigative

$

5,169,256

$ 26,449,610

$

5,169,256

$ 26,449,610

1750

GENERAL ACTS AND RESOLUTIONS, VOL. I

Georgia Crime Information Center Forensic Sciences Total

$ 10,460,386
$ 19,711,022 $ 61,790,274

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

$

Grants - Civil Air Patrol

$

Transition Fund

$

Flood - Contingency

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

$ 10,460,386 $ 19,711,022 $ 61,790,274
44,978,546 21,281,720
1,434,197 365,400 60,000 210,009 530,122
1,469,608 572,056
10,981,674 4,670,081
40,000 3,815,000
198,913 4,047,581
274,194 275,000
0 250,000 1,697,750 1,500,000 684,400 1,085,000
0 57,000
0 0 55,499,705 44,978,546
State Funds

Governor's Office Office of Equal Opportunity Office of Planning and Budget Council for the Arts Office of Consumer Affairs Georgia Information

$

8,723,994

$

1,151,969

$ 16,291,462

$

5,403,176

$

4,756,642

$

8,673,994

$

848,998

$ 16,291,462

$

4,735,331

$

4,558,642

GEORGIA LAWS 2000 SESSION

1751

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

$

708,527

$

3,647,732

$

2,498,990

$

330,358

$ 5,641,618

$

6,345,237

$

0

$ 55,499,705

$

708,527

$

399,756

$

576,990

$

330,358

$ 5,641,618

$

2,212,870

$

0

$ 44,978,546

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 Major Maintenance and Construction Postage Payments to DCH-Medicaid Benefits Grants to County DFACS- Operations
Operating Expenses Total Funds Budgeted Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

_:!:$_ _---=1.1~,-3=:!1..:4:.=,:.2..:3:z.6:.,..7.::1.:.5::

$

80,122,534

$

2,986,389

$

1,756,326

$

0

$

161,457

$

4,733,660

$

16,105,423

$

54,099,825

$

15,527,517

$

0

$

49,063,157

$

71,858,007

$

123,714

$

823,133

$

29,607,957

$

0

77$$________:-3::-=:2:.-=6---,-::9::-:6:~--9---:,=-0.::.-9:-:=90.-

$

3,982,840

$

7,999,172

.::!:_$_ _ _=1-8=-5::.,z0..:4..=2-=,0-=0-=8-

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office

$

1,409,629

$

1,409,629

1752

GENERAL ACTS AND RESOLUTIONS, VOL. I

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

$

4,350,125

$ 12,591,245

$ 10,506,906

$ 49,063,157

$

1,370,936

$ 101,198,872

$

5,669,778

$

714,862

$

3,428,310

$ 11,244,071

$

6,776,459

$ 10,119,788

$

2,452,515

$

7,115,868

$ 12,103,590

$

0

$

874,926

$ 84,382,730

$

1,595,332

$ 326,969,099

2. Public Health 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

$

Purchase of Service Contracts

$

Grant-In-Aid to Counties

$

M<Uor Maintenance and Construction

$

Postage

$

Medical Benefits

$

Total Funds Budgeted

$

$

4,350,125

$

6,600,424

$ 10,231,757

$ 35,585,726

$

1,370,936

$ 60,478,586

$

4,420,282

$

704,862

$

3,415,748

$

5,586,156

$

2,321,857

$

5,740,155

$

2,452,515

$

7,115,868

$

1,898,996

$ ( 14,925,447)

$

878,507

$ 53,386,661

$

17,837

$ 193,041,180

52,335,049 77,888,376
939,752 0
195,367 1,334,062 16,612,517
217,356 1,010,667
574,000 21,652,591 151,694,644
0 190,927 4,222,222 328,867,530

GEORGIA LAWS 2000 SESSION

Indirect DOAS Services Funding

$

Tobacco Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

1753 324,160 21,942,557 163,878,269
State Funds

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

$ 13,065,305

$

1,309,276

$ 2,749,155

$

2,036,524

$ 6,599,692

$ 4,794,149

$

3,189,205

$ 14,003,591

$ 84,516,733

$ 73,752,577

$ 13,267,331

$

4,072,839

$

2,164,928

$

1,634,400

$ 6,132,846

$

1,474,046

$

1,099,776

$

2,889,701

$

1,576,850

$

163,524

$ 5,820,806

$

2,627,143

$

436,944

$

2,056,339

$

584,474

$

2,033,322

$ 6,981,823

$

202,226

$ 15,503,875

$ 12,938,370

$

1,095,445

$

2,423,980

$

923,912

$

5,832,873

$

4,794,149

$

1,031,192

$

5,992,275

$

0

$ 72,828,928

$

6,437,819

$

2,697,126

$

1,586,049

$

5,000

$ 4,624,329

$

827,186

$

890,925

$

1,247,481

$

1,576,850

$

163,524

$

5,820,806

$

2,349,550

$

294,306

$

1,789,476

$

584,474

$

1,521,449

$

6,711,823

$

202,226

$

8,404,829

1754

GENERAL ACTS AND RESOLUTIONS, VOL. I

Drug and Clinic Supplies Adolescent Health Public Health -
Planning Councils Early Intervention Smoking Prevention and Cessation School Nurses Public Health - Division
Indirect Cost Total

$ 10,713,458 $ 12,576,518

$

115,041

$ 12,957,223

$ 15,765,890

$

0

$

0

$ 328,867,530

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

$

Departmental Functional Budgets

$

2,640,380

$

2,978,650

$

97,544

$ 10,466,909

$ 15,765,890

$

0

$ (1'724,899) $ 185,820,825

87,902,454 12,057,074
1,814,584 50,582
1,616,277 5,225,022 11,430,988
463,541 2,491,137 41,304,191
885,245 12,313,883
305,000 909,650 747,878 179,517,506 100,000 26,739,415

Total Funds

State Funds

Vocational Rehabilitation Services
Independent Living Employability Services Community Facilities Program Direction and
Support Grants Management Disability Adjudication Georgia Factory for Blind

$ 69,757,512

$

948,949

$

511,903

$ 10,721,695

$

2,034,196

$

894,540

$ 54,148,315

$ 11,731,139

$ 13,725,096

$

513,969

$

511,903

$

3,101,205

$

608,421

$

894,540

$

0

$

674,899

GEORGIA LAWS 2000 SESSION

1755

Roosevelt Warm Springs Institute
Total

$ 28,769,257 $ 179,517,506

4. Family and Children Services Budget:

Personal Services

$

Regular Operating Expenses

$

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

$

Tobacco Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

$

6,709,382

$ 26,739,415

23,313,785 3,601,014 884,107 0 510,512 3,695,697 30,648,035 0 1,596,679 4,627,403
124,425,510 7,087,433
331,699,676 41,776,463
2,037,559 367,529,485 943,433,358
0 3,341,218 385,959,688

State Funds

Director's Office Social Services Administrative Support Quality Assurance 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 -

$

696,762

$

4,839,988

$

2,708,701

$

3,979,883

$ 14,434,852

$

2,212,436

$

2,542,239

$

3,831,624

$ 44,553,452

$ 114,134,948

$

1,122,012

$

2,795,420

$

7,223,130

$

696,762

$

4,327,947

$

2,429,398

$

3,979,883

$

1,933,369

$

2,212,436

$

1,536,448

$

3,831,624

$

5,468,055

$ 48,247,444

$

1,122,012

$

0

$

0

1756

GENERAL ACTS AND RESOLUTIONS, VOL. I

Eligibility County DFACS Operations -
Social Services Food Stamp Issuance County DFACS Operations-
Homemakers Services County DFACS Operations -
Joint and Administration County DFACS Operations -
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

$ 122,506,799

$ 112,065,712

$

3,190,752

$

9,102,536

$ 73,934,329

$ 24,124,325

$ 25,995,784

$ 50,513,118

$

4,290,503

$ 34,184,289

$ 29,166,210

$

7,849,656

$ 36,881,820

$ 21,186,495

$ 174,820,622

$

3,911,923

$

4,633,038

$

0

$ 943,433,358

5. Community Mental Health/Mental Retardation

and Institutions:

Personal Services

$

Operating Expenses

$

Motor Vehicle Equipment Purchases

$

Utilities

$

Major Maintenance and Construction

$

Community Services

$

Total Funds Budgeted

$

Indirect DOAS Services Funding

$

Tobacco Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

$ 60,774,634

$ 47,233,961

$

0

$

2,983,382

$ 37,757,959

$

9,502,900

$

9,063,311

$ 15,861,742

$

2,520,990

$ 20,534,195

$ 23,370,978

$

4,891,413

$ 22,122,444

$

7,090,170

$ 51,686,937

$

3,871,923

$

4,633,038

$ (10,384,449)

$ 389,300,906

287,843,897 55,444,678 200,000 9,483,000 1,991,161 374,311,435
729,274,171 1,313,100 2,414,890
516,919,498

Total - Fun- ds

State Funds

Southwestern State Hospital Augusta Regional Hospital Northwest Regional Hospital
at Rome

$ 33,775,114 $ 17,070,438
$ 28,390,269

$ 20,237,740 $ 15,305,144
$ 19,046,102

GEORGIA LAWS 2000 SESSION

1757

Georgia Regional Hospital at Atlanta
Central State Hospital Georgia Regional Hospital
at Savannah Gracewood State School
and Hospital West Central Regional Hospital Outdoor Therapeutic Programs Metro Drug Abuse Centers Substance Abuse Residential Services Community Mental Health
Services Community Mental Retardation
Services Community Substance Abuse
Services State Administration Regional Administration Total

$ 39,703,160 $ 117,984,404

$ 17,840,089

$ 52,995,935

$ 20,023,473

$

4,060,743

$

0

$

0

$ 185,004,199

$ 97,686,557

$ 94,308,718

$ 14,063,416

$

6,367,656

$ 729,274,171

$ 31,571,520 $ 72,580,974

$ 16,921,101

$ 23,836,901

$ 17,863,731

$

3,121,173

$

0

$

0

$ 177,873,875

$ 62,335,078

$ 44,252,651

$

8,952,015

$

5,436,383

$ 519,334,388

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

$

531,517,718

$

96,532,853

$

5,394,769

$

250,582

$

2,483,613

$

14,988,441

$

74,796,963

$

54,780,722

$

20,626,000

$

55,444,678

$

374,311,435

$

41,304,191

$

4,627,403

$

124,425,510

$

8,546,678

$

380,762,833

$

147,600,944

$

151,694,644

$

2,419,875

$

10,392,650

1758

GENERAL ACTS AND RESOLUTIONS, VOL. I

Postage

$

Payments to DCH-Medicaid Benefits

$

Grants to County DFACS - Operations

$

Medical Benefits

$

Total Funds Budgeted

$

Section 17. Department of Industry, Trade and Tourism.

Budget Unit: Department of Industry, Trade

and Tourism

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

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

$

One Georgia Fund

$

Total Funds Budgeted

$

Tobacco Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

3,799,497 29,607,957 367,529,485 4,222,222 2,508,061,664
92,559,632 12,598,152
1,311,323 605,806 20,000 93,724 391,336 818,323 422,215
2,561,387 250,600
11,354,553 0 0
50,000 0 0
62,082,213 92,559,632 62,082,213 30,477,419

Total Funds

State Funds

Administration Economic Development Trade Tourism Georgia Legacy Strategic Planning and
Research Total

$ 76,495,154

$

4,470,933

$

2,604,368

$

4,413,412

$

824,516

$

3,751,249

$ 92,559,632

$ 76,495,154

$

4,470,933

$

2,604,368

$

4,413,412

$

824,516

$

3,751,249

$ 92,559,632

Section 18. Department of Insurance. Budget Unit: Department of Insurance
Personal Services

$

15,444,531

$

14,635,404

GEORGIA LAWS 2000 SESSION

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

Total Funds

1759
680,784 373,713 100,700
32,327 110,968 793,256 405,207 96,658
0 17,229,017 15,444,531
State Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Special Insurance Fraud Fund Total

$

5,098,884

$

5,625,024

$

538,124

$

5,401,269

$

565,716

$ 17,229,017

$

5,098,884

$

5,625,024

$

538,124

$

3,616,783

$

565,716

$ 15,444,531

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

$

271,907,321

$

164,608,517

$

15,294,667

$

2,756,260

$

228,444

$

1,039,874

$

2,802,748

$

2,377,856

$

2,141,205

$

18,655,394

$

3,490,764

$

697,800

$

0

$

31,848,772

$

32,274,441

$

0

$

0

$

278,216,742

$

271,907,321

1760

GENERAL ACTS AND RESOLUTIONS, VOL. I

Departmental Functional Budgets

Total Funds

State Funds

Regional Youth Development Centers
Youth Development Centers YDC Purchased Services Court Services Day Centers Group Homes CYS Purchased Services Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services Administration Office of Training Total

$ 64,249,985

$ 83,602,727

$ 28,945,797

$ 27,843,695

$

527,095

$

1,148,508

$ 38,440,371

$

2,703,120

$

740,493

$

4,056,561

$ 22,721,295

$

3,237,095

$ 278,216,742

$ 62,780,185

$ 81,008,373

$ 28,206,399

$ 27,581,200

$

527,095

$

1,148,508

$ 37,307,595

$

2,703,120

$

740,493

$

3,966,561

$ 22,700,697

$

3,237,095

$ 271,907,321

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 QTPA) Per Diem, Fees and Contracts W.I.N. Grants Payments to State Treasury Capital Outlay
Total Funds Budgeted State Funds Budgeted

$

13,481,779

$

88,434,073

$

6,821,420

$

1,422,917

$

0

$

434,662

$

2,301,374

$

2,477,791

$

2,017,240

$

54,500,000

$

4,188,174

$

0

$

1,287,478

$

0

$

163,885,129

$

13,481,779

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

$

15,398,545

$

14,679,711

$

724,211

$

199,322

$

0

$

14,375

$

304,337

$

825,793

GEORGIA LAWS 2000 SESSION

Telecommunications

$

Per Diem, Fees and Contracts

$

Books for State Library

$

Total Funds Budgeted

$

State Funds Budgeted

$

Section 22. Merit System of Personnel Administration.

Budget Unit: Merit System of Personnel

Administration

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Equipment

$

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

Total Funds

1761
196,787 19,500,000
147,000 36,591,536 15,398,545
0 7,495,132
992,269 95,263 23,127
767,856 1,213,574 2,124,165
214,277 12,925,663
0 1,437,184 10,975,106
0 513,373
0
State Funds

Executive Office Human Resource Administration Employee Benefits Internal Administration Total

$

1,418,284

$

4,551,737

$

2,075,670

$

4,879,972

$ 12,925,663

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

$

$

0

$

0

$

0

$

0

$

0

142,976,287 84,275,102 14,639,902 718,983 1,590,997 3,053,198 2,691,333 10,519,719

1762

GENERAL ACTS AND RESOLUTIONS, VOL. I

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:

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

$

Community Green Space Grants

$

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

889,418 1,381,799
0 675,000 1,290,056
860,176 3,106,663
243,750 982,330 350,000 1,300,000
74,250 0
500,000
800,000 341,000 300,000
0
0 0 170,047 212,646
300,000
0 66,000 7,595,077 6,132,574
2,107,309 100,000 0
30,000,000 177,267,329
840,190 0
1,331,931

GEORGIA LAWS 2000 SESSION

Authority

$

Indirect DOAS Funding

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

1763 1,434,982
200,000 142,976,287
State Funds

Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic
Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention
Assistance Total

$ 35,861,162

$

6,094,002

$

3,112,880

$ 39,621,349

$

2,481,149

$ 38,494,668

$ 50,719,798

$

882,321

$ 177,267,329

B. Budget Unit: Georgia Agricultural Exposition

Authority

$

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

Total Funds

$ 35,846,162

$

6,094,002

$

2,622,880

$ 21,493,578

$

2,310,287

$ 33,218,697

$ 40,508,360

$

882,321

$ 142,976,287

0 3,126,228 2,024,181
25,000 10,000 95,000 15,000
0 80,000 840,000
0 6,215,409
0

State Funds

Georgia Agricultural Exposition

Authority

$ 6,215,409

$

0

Section 24. State Board of Pardons and Parole.

Budget Unit: Board of Pardons and Paroles

$

49,808,029

Personal Services

$

39,769,564

Regular Operating Expenses

$

1,697,625

--

1764

GENERAL ACTS AND RESOLUTIONS, VOL. I

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 Per Diem, Fees and Contracts State Patrol Posts Repairs and Maintenance Capital Outlay Conviction Reports
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

$

530,000

$

230,199

$

190,000

$

591,200

$

3,038,958

$

1,065,000

$

2,014,983

$

660,500

$

20,000

$

49,808,029

$

49,808,029

$

112,978,77 5

$

68,318,242

$

8,722,257

$

146,036

$

4,632,350

$

356,690

$

3,156,710

$

28,962

$

2,744,147

$

1,329,300

$

145,100

$

0

$

0

$

89,579,794

$

1,650,000

$

87,929,794

$

20,402,178

$

1,112,113

$

20,000

$

0

$

62,343

$

0

$

47,262

$

273,300

$

59,000

$

0

$

303,651

$

34,900

$

2,734,234

GEORGIA LAWS 2000 SESSION

Total Funds Budgeted

$

Indirect DOAS Service Funding

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

1765 25,048,981
0 25,048,981
State Funds

Administration Driver Services Field Operations Total

$ 23,614,681 $ 25,048,981
$ 65,965,113 $ 114,628,775

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

$

Per Diem, Fees and Contracts

$

Highway Safety Grants

$

Peace Officers Training Grants

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

$ 22,114,681 $ 25,048,981 $ 65,815,113
$ 112,978,775
15,485,362
9,752,164 2,668,486
99,389 78,020 197,746 244,185 323,927 306,573 321,062 2,425,200 2,972,908 300,000 19,689,660
15,485,36~
State Funds

Office of Highway Safety Georgia Peace Officers
Standards and Training Police Academy Fire Academy Georgia Firefighters Standards
and Training Council Georgia Public Safety
Training Facility Total

$

3,518,781

$

1,562,540

$

1,216,022

$

1,253,988

$

485,161

$ 11,653,168 $ 19,689,660

$

588,483

$

1,562,540

$

1,126,022

$

1,143,988

$

485,161

$ 10,579,168
$ 15,485,362

1766

GENERAL ACTS AND RESOLUTIONS, VOL. I

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

$

17,642,000 625,000
17,017,000 17,642,000 17,642,000

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

$

Departmental Functional Budgets

Total Funds

9,231,013 9,124,706
594,856 263,062 207,184
61,236 378,286 327,795 220,072 894,291 12,071,488 9,231,013
State Funds

Administration Transportation Utilities Total

$

2,714,035

$

4,321,542

$

5,035,911

$ 12,071,488

$

2,714,035

$

1,754,378

$

4,762,600

$ 9,231,013

Section 28. Board of Regents, University System of Georgia.
A. Budget Unit: Resident Instruction Personal Services:
Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Special Funding Initiative Office of Minority Business Enterprise Student Education Enrichment Program Forestry Research Research Consortium Capital Outlay

$

1,434,370,525

$

1,516,828,682

$

215,731,047

$

373,145,021

$

637,169,805

$

52,579,707

$

1,147,473

$

370,842

$

1,009,322

$

14,296,890

$

550,000

GEORGIA lAWS 2000 SESSION

1767

Total Funds Budgeted Departmental Income Sponsored Income Other Funds Indirect DOAS Services Funding State Funds Budgeted

$

2,812,828,789

$

103,648,940

$

852,900,852

$

418,868,972

$

3,039,500

$

1,434,370,525

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

$

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 $

Public Libraries Salaries and Operations

$

Student Information System

$

Total Funds Budgeted

$

Departmental Income

$

Sponsored Income

$

Other Funds

$

Indirect DOAS Services Funding

$

State Funds Budgeted

$

247' 172,285
317,957,396 119,541,146
144,992,577 61,560,179
0 2,784,785
18,796,405 0 0
6,016,213 897,525 600,000 0
1,390,021
0
20,923,243 32,375,807 30,000,000 757,835,297 4,361,597 192,537,069 313,220,846
543,500 247,172,285

Regents Central Office and Other Organized Activities

Total Funds

State Funds

Marine Resources Extension Center

$

2,516,306

$

1,646,559

1768

GENERAL ACTS AND RESOLUTIONS, VOL. I

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 Public Libraries State Data Center Total

$

5,439,677

$

1,878,491

$ 112,517,680

$ 18,796,405
$ 73,440,974 $ 60,527,405
$ 364,012,529

$

3,569,225

$

5,353,607

$

3,696,513

$

3,443,781

$ 32,914,113

$ 35,628,283

$ 34,100,308

$ 757,835,297

$

1,853,484

$

1,110,858

$ 10,248,495

$

9,280,323

$ 45,300,255 $ 37,511,168

$ 35,961,155

$

3,569,225

$

576,097

$

0

$

89,811

$ 32,805,472

$ 33,119,075

$ 34,100,308

$ 247,172,285

C. Budget Unit: Georgia Public Telecommunications

Commission

$

Personal Services

$

Operating Expenses

$

General Programming

$

Distance Learning Programming

$

Total Funds Budgeted

$

Other Funds

$

State Funds Budgeted

!

D. Budget Unit: Lottery for Education

$

Equipment, Technology and Construction Trust Fund $

Georgia Public Telecommunications Commission

$

Internet Connection Initiative

$

Special Funding Initiatives

$

Research Consortium - Georgia Research Alliance

$

0 10,661,987 14,875,994 4,040,278 4,855,685 34,433,944 34,433,944
0
31,947,000 0
2,071,000 1,500,000 7,466,000
0

GEORGIA LAWS 2000 SESSION

Capital Outlay

$

Student Information System

$

Educational Technology Center

$

Total Funds Budgeted

$

Lottery Funds Budgeted

$

Section 29. Department of Revenue.

Budget Unit: Department of 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

$

Departmental Functional Budgets

Total Funds

1769
0 20,000,000
910,000 31,947,000 31,947,000
267,940,827 66,737,605 5,192,424 1,170,983 293,267 312,814 11,256,572 2,914,564 3,172,830 1,201,600 4,272,795 0 2,404,350 3,486,810 4,902,668 166,000,000
273,319,282 3,845,000
267,940,827
State Funds

Departmental Administration Internal Administration Information Systems Compliance Division Income Tax Unit Motor Vehicle Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Alcohol and Tobacco Total
Section 30. Secretary of State.

$ 21,483,041

$

4,475,420

$ 10,869,156

$ 25,944,703

$

8,637,225

$ 17,181,952

$ 170,196,762

$

5,179,715

$

20,000

$

6,373,839

$

2,957,469

$ 273,319,282

$ 21,483,041

$

4,325,420

$

9,853,956

$ 25,804,703

$

8,337,225

$ 15,881,952

$ 168,663,307

$

5,079,715

$

20,000

$

5,534,039

$

2,957,469

$ 267,940,827

1770

GENERAL ACTS AND RESOLUTIONS, VOL. I

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 Capital Outlay Total Funds Budgeted State Funds Budgeted

$

31,622,959

$

18,898,149

$

3,053,486

$

234,150

$

191,357

$

73,491

$

2,915,446

$

3,020,829

$

857,385

$

1,792,766

$

640,900

$

990,000

$

32,667,959

$

31,622,959

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration

$

4,835,489

$

Archives and Records

$

5,109,479

$

Business Services - Corpora-

tions

$

2,532,021

$

Business Services - Securities

$

2,312,818

$

Elections and Campaign Disclo-

sure

$

4,596,638

$

Drugs and Narcotics

$

1,353,596

$

State Ethics Commission

$

588,821

$

State Examining Boards

$ 11,098,202

$

Holocaust Commission

$

240,895

$

Total

$ 32,667,959

$

B. Budget Unit: Real Estate 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

$

4,805,489 5,034,479
1,812,021 2,262,818
4,576,638 1,353,596
588,821 10,948,202
240,895 31,622,959
2,336,433 1,431,003
175,000 18,000 0 10,000
318,945 170,085 69,400 144,000 2,336,433 2,336,433

,---

!

GEORGIA lAWS 2000 SESSION

1771

Departmental Functional Budgets

State Funds

Cost of Operations

Real Estate Commission

$ 2,336,433

$ 2,376,433

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

$

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

$

North Georgia College Graduates Scholarship

$

Osteopathic Medical Loans

$

Georgia Military Scholarship Grants

$

2,367,699 1,542,670
301,124 41,285 64,741 14,033 12,128 123,852 27,457 857,202 87,000 3,071,492 2,367,699
35,041,906 542,191 26,355 21,257 0 6,300 20,233 50,438 13,691 46,706 0
4,669,455 27,886,156
0 68,000 337,500 60,500 40,000 739,412

1772

GENERAL ACTS AND RESOLUTIONS, VOL. I

Paul Douglas Teacher Scholarship Loans Work Incentive for Students
Total Funds Budgeted State Funds Budgeted

$

0

$

513,712

$

35,041,906

$

35,041,906

Departmental Functional Budgets

Total Funds

State Funds

Georgia Student Finance Authority
Georgia Nonpublic Postsecondary
Education Commission Total

$ 34,314,735

$

727,171

$ 35,041,906

$ 34,314,735

$

727,171

$ 35,041,906

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 Pell Grant Offset Total Funds Budgeted Lottery Funds Budgeted

$

225,882,697

$

112,874,779

$

31,591,018

$

18,958,716

$

0

$

33,311,070

$

839,784

$

232,330

$

3,500,000

$

975,000

$

600,000

$

23,000,000

$

225,882,697

$

225,882,697

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

$

3,270,000

$

7,287,093

$

350,300

$

20,500

$

0

$

6,000

$

967,909

$

622,335

$

219,698

$

333,500

$

0

$

3,100,000

$

170,000

$

0

GEORGIA LAWS 2000 SESSION

Total Funds Budgeted

$

State Funds Budgeted

$

1773
13,077,335 3,270,000

Section 34. Department of Technical and

Adult Education.

A. Budget Unit: Department of Technical

and Adult Education

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Real Estate Rentals

$

Per Diem, Fees and Contracts

$

Computer Charges

$

Telecommunications

$

Salaries and Travel of Public Librarians

$

Public Library Materials

$

Talking Book Centers

$

Public Library Maintenance and Operation

$

Capital Outlay

$

Personal Services-Institutions

$

Operating Expenses-Institutions

$

Area School Program

$

Adult Literacy Grants

$

Regents Program

$

Quick Start Program

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

251,594,994 6,275,876 413,890 132,000 0 57,741 550,846 392,265 836,328 115,980 0 0 0 0 5,783,907
211,634,640 61,499,037 6,454,757 19,888,214 3,698,828 9,607,802
327,342,111 251,594,994
State Funds

Administration Institutional Programs Total

$

8,774,926

$ 318,567,185

$ 327,342,111

B. Budget Unit: Lottery for Education

$

Computer Laboratories and Satellite Dishes-

Adult Literacy

$

Capital Outlay

$

Capital Outlay - Technical Institute

Satellite Facilities

$

Equipment-Technical Institutes

$

$

6,715,138

$ 244,879,856

$ 251,594,994

12,500,000

0 0

0 12,500,000

1774

GENERAL ACTS AND RESOLUTIONS, VOL. I

Repairs and Renovations - Technical Institutes

$

0

Total Funds Budgeted

$

12,500,000

Lottery Funds Budgeted

$

12,500,000

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

$

591,784,309

$

273,822,814

$

63,813,492

$

2,188,931

$

2,000,000

$

10,345,685

$

12,829,146

$

1,335,963

$

4,492,508

$

94,621,742

$

995,934,436

$

3,841,866

$

12,451,793

$

710,855

$

555,666

$

1,478,944,897

$

591,784,309

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total
General Funds Budget

$ 1,169,512,682
$ 231,330,640 $ 19,606,694 $ 33,121,405 $ 1,453,571,421

$ 314,456,316 $ 214,347,585 $ 18,874,694 $ 32,321,405 $ 580,000,000

Planning and Construction Maintenance and Betterments Administration Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal
Waterways Activities Total

$

191,154

$

0

$

22,753

$

3,615,535

$ 20,833,179

$

710,855

$ 25,373,476

Section 36. Department of Veterans Service.

$

191,154

$

0

$

22,753

$

3,078,324

$

7,781,223

$

710,855

$ 11,784,309

GEORGIA lAWS 2000 SESSION

Budget Unit: Department of Veterans Service

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Operating Expense/Payments to

Medical College of Georgia

$

Capital Outlay

$

WWli Veterans Memorial

$

Regular Operating Expenses for Projects

and Insurance

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets

Total Funds

1775
20,249,916 5,732,166 297,803 100,000 0 163,057 27,080 264,941 83,660 14,810,500
7,840,660 0
196,373
436,000 29,952,240 20,249,916
State Funds

Veterans Assistance Education and Training Veterans Nursing Home-
Augusta Total

$ 21,808,580

$

$

0

$

$

8,143,660

$

$ 29,952,240

$

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

15,728,920 0
4,520,996 20,249,916
11,949,645 9,847,042 434,815 140,600 0 9,288 220,320 1,206,524 251,656 99,400 0
12,209,645 11,949,645

1776

GENERAL ACTS AND RESOLUTIONS, VOL. I

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

State General Funds (New)

$

Motor Fuel Tax Funds (New)

$

$

Section 39. Provisions Relative to Section 3, Judicial Branch.

501,706,729 25,000,000
526,706,728
0 0 0

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.

GEORGIA LAWS 2000 SESSION

1777

Section 40. Provisions Relative to Section 4, Department of Administrative
e Services.
~ It is the intent of the General Assembly that all futttte ptnchases of tadio
~~ and tdated eqnipment nmst be compatible ~vith the 800 mhz system.
~.: Pm chases mnst be appt med by the Office of Planning and Bndgct and the
~H;:oeepat tment ofr~dtmmstt at neso vtces.

Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 2000 of all vehicles purchased or newly leased during Fiscal Year 2000.

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 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

DESCRIPTION

AMOUNT

Pierce County Sumter County City of Atlanta Lowndes County City of Dawsonville City of Hartwell

Lee Street Resource Center Continue restoration effort at the Ry-
lander Theater in Americus Martin Luther King, Jr. Boulevard revi-
talization Construct Valdosta/Lowndes County
Conference Center Thunder Road/NASCAR Hall of Fame,
Dawsonville Hartwell Conference Center and neces-
sary wastewater treatment facilities

$ 125,00 $ 450,000 $ 100,000 $ 1,000,000 $ 150,000 $ 1,000,000

1778

GENERAL ACTS AND RESOLUTIONS, VOL. I

DeKalb County
Pulaski County Cobb County
City of Albany Forsyth County Clayton County
Columbia County Library Trustees
Gwinnett County Wayne County
Board of Education Wayne County City of Smyrna Bibb County Clayton County City of Albany
Banks County City of Tifton Stephens County
Board of Education City of Cairo
City of Augusta

Feasibility study for planning and design

for DeKalb County Convention and

Visitor's Bureau cultural center

$ 50,000

Restoration of the Pulaski County Court-

house

$ 400,000

Feasibility study and implementation of

the South Cobb redevelopment initia-

tive

$ 1,000,000

Civil Rights Museums in Albany

$ 75,000

Feasibility study for Lake Lanier water

quality council

$ 32,000

Preservation/renovation of first brick

house in historic Jonesboro in Clayton

County

$ 50,000

Feasibility study for planning and design

of the Columbia County library

$ 50,000

Train and rehabilitate workers in Gwin-

nett County

$ 50,000

Purchase additional seating and equip-

ment for the Wayne County High

School Auditorium

$ 50,000

Provide funds for Historical Chattahoo-

chee Commission

$ 4,500

Construction and land improvements for

Cobb Veterans' Memorial in Smyrna $ 250,000

Contract for services with Harriet Tub-

man Museum in Bibb County

$ 150,000

Contract for services with Clayton

County Greenway Council

$ 68,000

Conduct a feasibility study on water us-

age planning for South Georgia at AI-

bany State

$ 750,000

Construct a multi-purpose agricultural

building in Banks County

$ 200,000

To provide funds for an agricultural fa-

cility in Tifton

$ 100,000

Provide funds for a high school cannery

in Stephens County

$ 200,000

Contract with Southwest Georgia Com-

munity Foundation for Performing

Arts Center in Cairo

$ 190,000

Contract for services with National Leg-

acy Foundation in Augusta

$ 150,000

GEORGIA lAWS 2000 SESSION

Alcovy Shores Water and Sewerage Authority (Jasper County)
Appling County
Athens-Clarke County
Athens-Clarke County
Athens-Clarke County Library Trustees
Athens-Clarke County
Athens-Clarke County
Atkinson County
Atkinson County
Atkinson County Board of Education
Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County

Improvements to Alcovy Shores Public Water System in Jasper County

$

Improvements to the Long Branch Com-

munity Center building in Appling

County

$

Contract for services with Northeast

Georgia Health Center for the Patient

Cardiovascular Disease Prevention Pro-

ject in East Athens- Clarke County

$

Contract for services with Food Bank of

Northeast Georgia in Athens-Clarke

County

$

Purchase van for the Athens Regional

Library System in Athens-Clarke

County

$

Contract for services with Athens Child

Development, Inc. for emergency

child care

$

Upgrade computers and expand services

at the Athens Neighborhood Health

Center

$

Improvements to jail including safety

and security in Atkinson County

$

Playground equipment, tractor and fin-

ishing mower for Axson and Legion

Parks in Atkinson County

$

Repairing high school bleachers at foot-

ball field and repairing roof at Pear-

son Elementary and Atkinson County

High

$

Contract for services with the Shiloh

Comprehensive Community Center in

Augusta/Richmond County

$

Contract for services with the Lucy C.

Laney Museum in Augusta/Richmond

County

$

Contract for services with Beulah Grove

Resources in Augusta/Richmond

County

$

1779
15,000 5,000
25,000 25,000 25,000 30,000 20,000 10,000 15,000
20,000 2,500 2,500 2,500

1780

GENERAL ACTS AND RESOLUTIONS, VOL. I

Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County Board of Education
Augusta/Richmond County Board of Education
Augusta/Richmond County Board of Education
Augusta/Richmond County Board of Education
Augusta/Richmond County Board of Education

Contract for services with the CSRA

Transitional Center, Inc. in Augusta/

Richmond County

$

Repair and purchase/install new seating

for the Imperial Theater in Augusta/

Richmond County

$

Landscaping and flowers for Augusta/

Richmond County

$

Contract for services with Belle-Terrace

Community Center for summer pro-

grams in Augusta/Richmond County $

Technology improvements for East Geor-

gia Easter Seals in Augusta/Richmond

County

$

Contract for services with the Neighbor-

hood Improvement Project, Inc. in

Augusta/Richmond County

$

Contract for services with the Augusta/

Richmond Opportunities Center, Inc. $

Contract for services with Good Hope

Social Services summer school pro-

gram in Augusta/Richmond County $

Improvements to a recreation facility

and adjacent facilities in Augusta/

Richmond County

$

Contract for services with Augusta Arse-

nal and Carriage Works Museum

$

Purchase band equipment for Richmond

Academy High School

$

Improvements to baseball field fence

and dugout for girls softball team at

Westside Comprehensive High School

in Augusta/Richmond County

$

Purchase equipment for Terrace Manor

Elementary School in Augusta/Rich-

mond County

$

Purchase equipment for Wilkinson Gar-

dens Elementary School in Augusta/

Richmond County

$

Purchase equipment and furnishings for

the technical program at Glenn Hills

High School in Augusta/Richmond

County

$

12,500 25,000 25,000
5,000 5,000 10,000 10,000 20,000 45,000 40,000 5,000
15,000 7,500 2,500
7,500

GEORGIA lAWS 2000 SESSION

1781

Augusta/Richmond County Board of Education
Augusta/Richmond County Board of Education
Bacon County
Baldwin County
Baldwin County
Baldwin County
Baldwin County
Baldwin County Board of Education
Banks County
Ben Hill County
Ben Hill County
Ben Hill County
Berrien County
Berrien County
Berrien County
Bibb County
Bibb County
Bibb County

Purchase technology improvements for

Tutt Middle School in Augusta/Rich-

mond County

$

Purchase athletic equipment and

uniforms for the Glenn Hills High

School in Augusta/Richmond County $

Purchase equipment for Bacon County

Extension Service

$

Safety improvements to a county road in

Baldwin County

$

Pave a parking lot at Walter B. Williams,

Jr. Park in Baldwin County

$

Purchase equipment for East Baldwin

Fire Station

$

Develop a countywide prioritized trans-

portation plan in Baldwin County

$

Installation of lighting project including

scoreboard control cables for high

school baseball field in Baldwin

County

$

Upgrade computers for foster homes'

programs in Banks County

$

Construct a new facility for the Fire Sta-

tion #5 in Ben Hill County

$

Purchase/install lighting for new

ballfield in Ben Hill County

$

Contract for services for monitoring En-

richment Program in Ben Hill County $

Purchase/install road identification traf-

fie signs in Berrien County

$

Purchase life saving emergency equip-

ment for the West Berrien Volunteer

Fire Department

$

Purchase fire fighting emergency equip-

ment in Berrien County

$

Planting and beautification of southern

gateway in Bibb County

$

Operation and staff development of the

Douglas Theater in Bibb County

$

Contract for services and purchase medi-

cal assistance for indigent HIV pa-

tients at Bibb County Health Clinic $

20,000
10,000 3,000 10,000 40,000 15,000 10,000
25,000 2,000 5,000 10,000 20,000 5,000
10,000 10,000 30,000 10,000
15,000

1782

GENERAL ACTS AND RESOLUTIONS, VOL. I

Bibb County Bibb County Bibb County
Bleckley County Board of Education
Bleckley County Bleckley County Brantley County
Brantley County Brooks County
Bryan County
Bryan County Bryan County Bryan County
Board of Education Bryan County Board of Education Bulloch County
Bulloch County Bulloch County

Contract for services with the Hope initi-

ative in Bibb County

$

Contract for services with Disabilities

Connections in Bibb County

$

Purchase/install lighting for soccer field

for Middle Georgia Soccer Association,

Inc. in Bibb County

$

Purchase/install lighting for Bleckley

County Schools

$

Purchase technology equipment for

Bleckley County public safety

$

Bleckley County Fire Department

$

Operating expenses for Department of

Intergovernmental Relations in Brant-

ley County

$

Purchase equipment for Brantley County

volunteer fire departments

$

Purchase firefighting equipment for the

Talloakes Road Volunteer Fire Depart-

ment

$

Renovate pier and bathroom facilities

and purchase/install picnic tables at

the Tivoli River recreation area in

Bryan County

$

Renovate/expand the Black Creek

School building in Bryan County

$

Purchase emergency fire equipment for

Bryan County Fire Department

$

Purchase playground equipment for

Bryan County Elementary

$

Purchase/install stand for the Bryan

County High School Football field

$

Improvements to picnic pavilion in

Brooklet Park for the Statesboro/Bul-

loch County Recreation Department $

Renovate and rewire Brooklet Elemen-

tary School in Bullock County

$

Remodel and renovate livestock center

in Bulloch County

$

20,000 20,000
25,000
10,000 10,000 10,000
10,000 5,000
3,000
3,000 5,000 5,000
10,000
10,000
10,000 25,000 50,000

GEORGIA LAWS 2000 SESSION

Burke County Board of Education
Burke County Board of Education
Butts County
Calhoun County Board of Education
Candler County Board of Education
Carroll County Board of Education
Carroll County Board of Education
Charlton County Board of Education
Charlton County
Chatham County
Chatham County
Chattahoochee County
Chattahoochee Board of Education
Chattooga County
Clayton County
Clayton County

Installation, site set up and training fees

for distance learning classes in Burke

County

$

Purchase a computerized reading pro-

gram (Waterford Program) for pri-

mary schools in Burke County

$

Construct and operate animal shelter in

Butts County

$

Purchase athletic equipment for Cal-

houn County schools

$

Purchase furniture for a new high

school in the City of Metter, Candler

County

$

Upgrade athletic facilities at Central

High School in Carroll County

$

Improvements to Temple High School

Athletic facilities in Carroll County

$

Purchase playground equipment for

Folkston Elementary School in Chad-

ton County

$

Purchase equipment for Charlton

County volunteer fire departments

$

Contract for services with Senior Citi-

zens, Inc. in Chatham County

$

Contract for services from Savannah/

Chatham Humane Society requiring

repairs, renovation and new cages

$

Drill groundwater well and replace

pump in Chattahoochee County

$

Renovate classrooms for in Chattahoo-

chee County schools

$

Purchase automatic defibrillators for the

Chattooga County Mutual Aid Associa-

tion

$

Contract for services from the Rainbow

House, Inc.requiring facility improve-

ments in Clayton County

$

Landscaping for the Clayton County De-

partment of Transportation

$

1783
15,000 50,000 15,000 10,000 20,000 15,000 15,000 25,000
5,000 15,000 5,000 40,000 30,000 10,000 50,000 10,000

1784

GENERAL ACTS AND RESOLUTIONS, VOL. I

Clayton County
Clayton County
Clayton County
Clayton County
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education

Purchase new furniture and laptop com-

puter for the Clayton County Aging

Program Advisory Board

$

Contract for services with the Calvary

Refuge Center shelter for the home-

less in Clayton County

$

Restore the Old Mundy Mill in Clayton

County

$

Contract for services with Clayton Clean

and Beautiful program for educational

information

$

Repair/renovate P.E. Athletic Field and

purchase uniforms and athletic equip-

ment for Lovejoy Middle School in

Clayton County

$

Improvements to the marching band

practice field at Lovejoy High School

in Clayton County

$

Construct an outdoor pavilion at Lee

Street Elementary in Clayton County

$

Purchase projection device for the M.D.

Roberts Middle School technology ad-

dition in Clayton County

$

Complete student services for M.D. Rob-

erts Middle School in Clayton County

$

Purchase audio/visual equipment for

computer technology instruction at

Jonesboro Middle School in Clayton

County

$

Purchase books for the Jonesboro Mid-

die School library in Clayton County

$

Purchase playground equipment for

Northcutt Elementary School in Clay-

ton County

$

Purchase equipment for the athletic,

fine arts and band programs at North

Clayton Middle School in Clayton

County

$

Purchase equipment for fine arts and

band programs at North Clayton High

School in Clayton County

$

10,000 50,000
5,000 15,000
2,500 3,000 10,000 4,800 8,000
2,500 4,800 5,000
10,000 10,000

GEORGIA lAWS 2000 SESSION

1785

Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clinch County
Cobb County

Purchase equipment for the athletic pro-

gram at North Clayton High School in

Clayton County

$

Athletic program, fine arts and band

programs at Riverdale Middle School

in Clayton County

$

Purchase playground equipment at

Riverdale Elementary School in Clay-

ton County

$

Purchase equipment for the athletic,

fine arts and band programs at

Riverdale High School in Clayton

County

$

Purchase equipment for the athletic pro-

gram at Riverdale High School in

Clayton County

$

Purchase playground equipment for

West Clayton Elementary School in

Clayton County

$

Construct a black top area for P.E. in-

struction at Pointe South Elementary

in Clayton County

$

Purchase equipment and security

monitors for Pointe South Middle

School in Clayton County

$

Purchase playground and outdoor fitness

equipment for the new Hawthorne El-

ementary School in Clayton County $

Purchase playground equipment for E.

W. Oliver Elementary School in Clay-

ton County

$

Complete a walking track for the stu-

dents at Brown Elementary School in

Clayton County

$

Purchase playground equipment for

Church Street Elementary School in

Clayton County

$

Improvements to Clinch County recrea-

tion park

$

Repair and renovate South Cobb Com-

munity Center

$

10,000 5,000 5,000
10,000 10,000 5,000 9,000 10,000
7,500 5,000 2,500 5,000 15,000 30,000

1786

GENERAL ACTS AND RESOLUTIONS, VOL. I

Cobb County
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Colquitt County
Columbia County
Columbia County Board of Education
Columbia County Board of Education

Purchase van for Cobb/Douglas Re-

gional Board and Service Board in

Cobb County

$

Expand Pebblebrook High School foot-

ball stadium in Cobb County

$

King Springs Elementary School Lan-

guage Development Program in Cobb

County

$

Purchase/install educational class sound

system at Nickajack Elementary School

in Cobb County

$

Purchase/install technology connections,

wiring, security systems at Powers

Ferry Elementary School in Cobb

County

$

Improvements to the Campbell High

School storage restroom facility in

Cobb County

$

Purchase/install fencing to enclose a

playground area at Bells Ferry Ele-

mentary School in Cobb County

$

Purchase lockers and basic furnishings

for the Sprayberry High School field

house in Cobb County

$

Environmental class improvements for

Addison Elementary School in Cobb

County

$

Upgrade lab and equipment for Cobb

County Schools

$

Construct a building and purchase

equipment for the Crossland Fire De-

partment in Colquitt County

$

Beautify five entrances of Harlem with

trees and shrubs in Columbia County $

Purchase classroom computers for Ste-

vens Creek Elementary in Columbia

County

$

Purchase classroom computers for Blue

Ridge Elementary in Columbia County

$

10,000 30,000
5,000 5,000
25,000 25,000 15,000 40,000
5,000 14,000 10,000 6,000 5,000 5,000

GEORGIA LAWS 2000 SESSION

1787

Columbia County Board of Education
Columbia County Board of Education
Columbia County Board of Education
Columbia County Board of Education
Columbia County Board of Education
Columbia County Board of Education
Columbia County Board of Education
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County

Create a nature learning trail for Marti-

nez Elementary in Columbia County

$

Athletic improvements at Lakeside High

School in Columbia County

$

Purchase classroom computers for River-

side Elementary School in Columbia

County

$

Purchase/install lighting for softball

fields at Harlem, Lakeside, and Green-

brier High Schools in Columbia

County

$

Improve landscaping and install an irri-

gation system at Evans Elementary

School in Columbia County

$

Refurbish football stadium and field

houses at Evans Middle School in Co-

lumbia County

$

Improvements to band room at Evans

High in Columbia County

$

Health Center in South Columbus

$

Contract for services with the Urban

League of Greater Columbus for

"Youth Alive 2000"

$

Renovation, maintenance and operation

of Memorial Stadium for the Adahalia

Mack Park Community Center

$

Play and Learn Together program for

Columbus Extension Service

$

Contract for services with Outreach Pro-

grams at Boys and Girls Clubs of Co-

lumbus, Inc.

$

Contract for services with Two Thousand

Opportunities, Inc. in Columbus/Mus-

cogee County

$

Contract for services with Project Re-

bound/Family Institute in Columbus/

Muscogee County

$

5,000 25,000 5,000
30,000 4,000 10,000 25,000 25,000 25,000 50,000 25,000 120,000 50,000 25,000

.,__________________________________

-

1788

GENERAL ACTS AND RESOLUTIONS, VOL. I

Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Cook County
Crawford County
Crawford County Board of Education
Crawford County Board of Education
Crisp County
Dawson Downtown Development Authority
DeKalb County
DeKalb County
DeKalb County

Contract for services with the Easter

Seals of West Georgia, Inc. day care

center in Columbus/Muscogee County $

Match challenge grants for the Human

Experience Theater in Columbus/

Muscogee County

$

Columbus Community Center Outreach

tutoring and outreach programs

$

Contract for services with Metropolitan

Columbus Task Force for the Home-

less

$

Purchase a shelter facility for the Chil-

dren's Emergency Shelter and Assess-

ment Center in Columbus

$

Contract for services with the Combined

Communities of Southeast Columbus

for a summer tutorial program

$

Purchase fire fighter emergency equip-

ment in Cook County

$

Purchase equipment and operation of

the Crawford County Chamber of

Commerce

$

Construct a covered pavilion at Crawford

County High School

$

Expansion and improvements to athletic

facilities for Crawford County High

School

$

Operating and maintenance funds for

Crisp Area Art Alliance

$

Creation of park area for Main Street

for the Dawson Downtown Develop-

ment Authority

$

Renovations at the Art Station Inc. in

DeKalb County

$

Renovate/repair entrances, beautification

and maintenance of community com-

mon areas and landscaping in DeKalb

County

$

Contract for services with Art Station,

Inc. after school and summer pro-

grams in DeKalb County

$

40,000 25,000 20,000 25,000 100,000 20,000 15,000 20,000 20,000 35,000 20,000 30,000 30,000
28,000 25,000

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 DeKalb County

GEORGIA lAWS 2000 SESSION

Purchase music education and work-

shops for the South DeKalb Youth

Choir in DeKalb County

$

Contract for services Mr. Kenyada's

Neighborhood, Inc. for computer liter-

acy programs in DeKalb County

$

Contract for services with Black Women

Coalition of Atlanta for tutorial pro-

gram and scholarships in DeKalb

County

$

Improvements and purchase equipment

for the Central DeKalb Youth Football

program

$

Construct additional fields for Central

DeKalb Sports Association

$

Purchase van, insurance and mainte-

nance for Scottdale Child Develop-

ment and Family Resource Center,

Inc. DeKalb County

$

Contract for services lam, Inc. for tuto-

rial program and leadership academy

in DeKalb County

$

Purchase signs for the Glenwood Little

League Program in DeKalb County $

SlAM (Students Learning and Advanc-

ing in Math) Plus Reading program in

DeKalb County

$

Expand and renovate Exchange Park for

the Glenwood Hills Youth Association

in DeKalb County

$

Redan High Touchdown Club for ath-

letic field house

$

Contract for services with DeKalb Clean

and Beautiful projects

$

Maintenance of Lithonia Women's Club

in DeKalb County

$

Contract for services for athletic activi-

ties for Browns Mill Park in DeKalb

County

$

Development of Wonderland Gardens in

South DeKalb County

$

1789
10,000 7,500
10,000 25,000 25,000
40,000 15,000 7,500 5,000 50,000
1,000 19,000 5,000 20,000 25,000

'111!'

1790

GENERAL ACTS AND RESOLUTIONS, VOL. I

DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County Board of Education
DeKalb County Board of Education
DeKalb County Board of Education
DeKalb County Board of Education
DeKalb County Board of Education
DeKalb County Board of Education
DeKalb County Board of Education
Dodge County
Dodge County

Construct picnic pavilion and repave

main service drive at the Gresham

Park Baseball and Youth Football

fields in DeKalb County

$

Contract for services with Clarkston

Community Center in DeKalb County $

Construct a facility for Senior Connec-

tions in DeKalb County

$

Purchase/implement youth programs

and services in DeKalb

$

Contract for services with Push Push

Theater in DeKalb County

$

Contract for services Green Forest Com-

munity Development Corp. for after

school and computer literacy pro-

grams in DeKalb County

$

Purchase equipment, uniforms and sup-

plies for Lithonia High School in

DeKalb County

$

Implementation of brain-based layered

curriculum at Shamrock Middle

School in DeKalb County

$

Purchase materials and equipment, con-

struct an indoor habitat and fund

field trips for Cedar Grove Middle

School in DeKalb County

$

Purchase/install school sign at the

Hooper-Alexander Elementary School

in DeKalb County

$

Programs complimenting elementary

school PTA activities in DeKalb

County

$

Contract for services for an accelerated

reading program at Forest Hills Ele-

mentary School in DeKalb County

$

Purchase band uniforms and instru-

ments for each DeKalb County High

School

$

Repair Dodge County courthouse and

purchase computers

$

Contract for services with the Dodge

County Recreation Commission

$

30,000 20,000 60,000 20,000 40,000
21,000 5,000 10,000
10,000 6,000 9,000 8,000 18,000 55,000 10,000

GEORGIA LAWS 2000 SESSION

1791

Dougherty County
Dougherty County
Dougherty County
Douglas County
Douglas County Board of Education
Echols County
Effingham County
Effingham County
Effingham County Board of Education
Elbert County
Elbert County Board of Education
Elbert County Board of Education
Emanuel County
Emanuel County Library Trustees
Emanuel County

Construct a memorial to Confederate

soldiers including landscaping of a

one acre park in Dougherty County $

Contract for services with River Rd Inc.,

d/b/a SAFEC-South Albany Family En-

richment Collaborative in Dougherty

County

$

Contract for services with the Dougherty

County Community Coalition

$

Improvements to the emergency 911 dis-

patch system in Douglas County

$

Purchase/install integrated information

systems technology lab at Alexander

High School in Douglas County

$

Construct a building for Echols County

Volunteer Fire Department

$

Purchase Jaws of Life and additional

fire-fighting equipment for Faulkville

Volunteer Fire Department in Effing-

ham County

$

Construct a pavilion at the Meldrim

Community Park in Effingham County $

Purchase playground equipment for

Springfield Central Elementary in Ef-

fingham County

$

Purchase building and equipment for

the Petersburg Fire Department in

Elbert County

$

Purchase equipment for Elbert County

High Band

$

Purchase playground equipment for

Bowman Elementary School in Elbert

County

$

Renovate and purchase equipment for

the Emanuel County volunteer fire de-

partrnents

$

Purchase equipment for Emanuel

County Library

$

Downtown development including re-

pair/renovation to county park in

Emanuel County

$

25,000
10,000 25,000 40,000
5,000 50,000
5,000 5,000 10,000 15,000 3,500 2,500 15,000 10,000 50,000

1792

GENERAL ACTS AND RESOLUTIONS, VOL. I

Emanuel County Fannin County Fannin County Floyd County Floyd County
Board of Education Franklin County Franklin County Board of Education Fulton County Fulton County
Fulton County
Fulton County Fulton County
Fulton County Fulton County
Fulton County
Fulton County

Planning and repairs for Emanuel

County Airport

$

Renovations/repairs to Fannin County

courthouse

$

Renovations/repairs to the Epworth

Community Club in Fannin County $

Contract for services with Rome/Floyd

Recreation Authority

$

Purchase equipment for technology pro-

grams for Coosa High School Techno!-

ogy Education Center in Floyd County $

Gum Log Fire Department in Franklin

County

$

Complete interior and furnish new Agri-

culture Center at the Franklin County

High School Ag Department

$

Contract for services with Holistic Stress

Control, Inc. in Fulton County

$

Implement/improve Senior Citizens Ser-

vices of Metropolitan Atlanta Adult

Day Care Center in Fulton County

$

Implement/improve programs and ser-

vices at the Dogwood Senior Center in

Fulton County

$

Inter-generational Resources Center in

Fulton County

$

Improvements to a multipurpose facility

for Harriett G. Darnell, Senior Center

in Fulton County

$

Fulton County Sheriffs Department for

a jobs programs

$

Contract for services with the Concerned

Citizens of Atlanta, Inc. in Fulton

County

$

Purchase equipment for the Georgia As-

sociation of Homes and Services for

Children for Information Management

Systems in Fulton County

$

Contract for services with the Old Na-

tional Merchants Association/ Wrap-

Around Collaborative for an after

school program in Fulton County

$

10,000 25,000 35,000 10,000 30,000 5,000 20,000 25,000 20,000 20,000 30,000 100,000 25,000 30,000
25,000
50,000



GEORGIA LAWS 2000 SESSION

Fulton County
Fulton County Board of Education
Fulton County Board of Education
Fulton County Board of Education
Georgia Mountains RDC
Gilmer County Glascock County
Glynn County Glynn County Glynn County Gordon County
Grady County
Greene County Greene County Gwinnett County Gwinnett County

Contract for services with Straight Talk

Counseling Services, Inc. in Fulton

County

$

Purchase technology and equipment for

Spalding, Woodland, Roberts Road,

Heards Ferry, and High Point Elemen-

tary Schools in Fulton County

$

Contract for services with the "Georgia

Garden of Opportunity" outdoor class-

room at Webb Bridge Middle School

in Fulton County

$

Construction and purchase supplies for

the "Science Fair Project" classroom at

Medlock Bridge Elementary School $

Contract for services with the Elachee

Nature Science Center for the Georgia

Mountains RDC

$

Renovate Civic CenterI ambulance ser-

vice quarters in Gilmer County

$

Renovate courthouse annex and

purchase fire equipment for Glascock

County

$

Construct a county owned basketball

court in Glynn County

$

Purchase/install lights for the North

Glynn Recreation Park Ballfield

$

Purchase/install playground equipment

at Massengale Park in Glynn County $

Purchase playground equipment and re-

pairs at Salacoa Park in Gordon

County

$

Purchase/install computer systems for

the Grady County "All" Volunteer Fire

Department in each fire station

$

Contract for services with the Greene

County Child Development Center

$

Renovate Historic Greene County Jail $

Purchase equipment for Creative Enter-

prises, Inc. in Gwinnett County

$

Restore the Lawrenceville-Gwinnett His-

torical Cemetery

$

1793
15,000
50,000
10,000 40,000 25,000 25,000 10,000 10,000 25,000 20,000 25,000 10,000 10,000 40,000 50,000 25,000

1794

GENERAL ACTS AND RESOLUTIONS, VOL. I

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 Board of Education
Hancock County
Hancock County
Hancock County Board of Education
Haralson County Haralson County Hart County Board
of Education Heard County De-
velopment Authority
Henry County
Henry County Board of Education
Henry County Board of Education

Purchase educational material and gym

enhancements for Rockbridge Elemen-

tary School in Gwinnett County

$

Improvements for athletic facilities at

Shiloh High School in Gwinnett

County

$

Improvements to the Duluth Youth Soft-

ball field at Duluth High School in

Gwinnett County

$

Renovate stadium at Central Gwinnett

High School

$

Purchase communications and electronic

equipment for Nesbit Elementary

School in Gwinnnett County

$

Contract for services with Meadowcreek

High School in Gwinnett County

$

Purchase turn-out gear and equipment

for Hancock County Volunteer Fire

Department

$

Purchase uniforms, tools, and equipment

for the Hancock Emergency Manage-

ment Agency

$

Expand Summer Science Camp and

Band Program in Hancock County

$

Haralson recreation department

$

Renovate Haralson County Courthouse $

Repair and replace stadium seating at

Hart County High School

$

Develop master plan for the Heard

County River Commission for a passive

recreational greenway system along

the Chattahoochee River

$

Provide maintenance for the Flint Cir-

cuit Council on Family Violence in

Henry County

$

Purchase equipment for Stockbridge

Middle School Technology Team in

Henry County

$

Purchase/install lighting for the girl's

softball field at Stockbridge High

School in Henry County

$

20,000 50,000 100,000 50,000 20,000 20,000
5,000 5,000 10,000 15,000 50,000 15,000
25,000 10,000 10,000 10,000

GEORGIA LAWS 2000 SESSION

1795

Houston County Board of Education
Houston County Board of Education
Houston County. Library Board
Irwin County
Irwin County
Jackson County
Jasper County Board of Education
Jasper County
Jeff Davis County Board of Education
Jeff Davis County
Jeff Davis County Development Authority
Jeff Davis County
Jefferson County
Jenkins County
Johnson County
Jones County

Establishment of "Seamless" Education

program with Houston County Board

of Education and Macon State College $

Lighting and improvements to Perry

High School football field in Houston

County

$

Repair/replace roof at Perry Library and

Centerville Library in Houston County $

Renovation and lighting for the Irwin

County girl's softball field

$

Purchase equipment and start-up for the

new Pleasure Lake Fire Department in

Irwin County

$

Standardize and replace 10 SCBA's for

the North Jackson Fire Department $

Purchase band/music program uniforms

at Jasper County schools

$

Improvements to athletic field/commu-

nity amphitheater in Jasper County $

Improvements to the Jeff Davis High

School Tennis Court

$

Provide for after school program special-

izing in the arts for Jeff Davis Arts

Council

$

Completion of structural study of his-

toric residence for use as tourism

complex for the Jeff Davis County De-

velopment Authority

$

Public Safety Park for the Jeff Davis

County EMS

$

Remodel building for Chamber of Com-

merce and Economic Development of-

fice in Jefferson County

$

Purchase equipment for the Jenkins

County Hospital

$

Equip and renovate the Johnson County

volunteer fire department

$

Study and plan for sewerage system im-

provements in Jones County

$

50,000 100,000 95,000
10,000 5,000 10,000
10,000 20,000
25,000
10,000
5,000 5,000
25,000 20,000 11,000 15,000

1796

GENERAL ACTS AND RESOLUTIONS, VOL. I

Jones County Library Trustees
Jones County Jones County
Lamar County Board of Education
Lamar County Lanier County
Board of Education Laurens County
Laurens County
Liberty County
Liberty County
Lincoln County Lincoln County Lincoln County Lincoln County
Long County Lowndes County
Lumpkin County

Purchase materials and labor for restora-

tion and repair of the Jones County

Public Library

$

Purchase van for the 4-H Club Program

in Jones County

$

Develop a feasibility study and compre-

hensive plan for sewer system improve-

ments in Gray and Jones County

$

Construct athletic field for Lamar

County Middle School

$

Plan and construct an Agricultural Expo-

sition Building in Lamar County

$

Improvements to Lanier County com-

puter lab

$

Contract for services with the Stepping

Stone, Inc. Child Advocacy Center in

Laurens County

$

Improve and purchase property for the

Dublin-Laurens County Recreation Au-

thority for Springdale Park

$

Construct an outdoor classroom and

restroom at the LeConte- Woodman-

ston Foundation, Inc. Plantation

$

Construct and equip swimming pool for

the Liberty County Recreation Depart-

ment

$

Repairs to Lincolnton Clubhouse

$

Construct a group pavilion at Lincoln

County Historical Park

$

Purchase cardiac monitors for EMS in

Lincoln County

$

Contract for services with the Midway

volunteer fire department building in

Lincoln County

$

Modify courthouse to increase records

storage space in Long County

$

Contract for services from Boy's and

Girl's Club of Valdosta, Inc. for an af-

ter school learning lab

$

Purchase computer equipment for

Lumpkin County Emergency Services $

8,000 28,000
25,000
15,000 50,000
15,000
20,000
25,000
25,000
20,000 5,000 5,000 10,000
10,000 20,000
15,000 25,000

GEORGIA lAWS 2000 SESSION

Marion County
McDuffie County Board of Education
Miller County
Mitchell County
Monroe County
Montgomery County
Murray County
Newton County
Newton County Board of Education
Newton County
Oglethorpe County
Peach County Board of Education
Pierce County
Pierce County
Polk County
Pulaski County Board of Education
Quitman County

Recreation improvements and expan-

sions in Marion County

$

Planning funds for McDuffie County En-

vironmental Education Center

$

Renovate Miller County Extension Build-

ing

$

Purchase equipment for seven Mitchell

County volunteer fire departments

$

Improvements to Monroe County court-

house electrical systems

$

Renovate a county-owned recreation de-

partment softball field in Montgomery

County

$

Purchase furniture, equipment, and

transportation for Murray County Se-

nior Center

$

Develop a park located in Covington in

Newton County

$

Outdoor centers, counseling project, and

DARE program in Newton County

$

Covington Senior Center in Newton

County

$

Renovate the Crawford Clubhouse at the

Oglethorpe County Recreation Depart-

ment

$

Replace current heating and air-condi-

tioning system in the Spruce Street

School Complex in Peach County

$

Promote membership, economic devel-

opment and tourism in Pierce County $

Completion of Lakeview Community

Center in Pierce County

$

Purchase equipment and training for

Polk County Fire Department

$

Purchase uniforms and equipment for

Hawkinsville High School Band in Pu-

Iaski County

$

Prepare site for Welcome Center in

Quitman County

$

1797 15,000
10,000 25,000 14,000 15,000
10,000
40,000 10,000
25,000 25,000
20,000
35,000 2,000 15,000 30,000
40,000 25,000

1798

GENERAL ACTS AND RESOLUTIONS, VOL. I

Randolph County Board of Education
Richmond County
Richmond County
Richmond County
Richmond County
Rockdale County Screven County Seminole County
Board of Education Stephens County Stephens County Stewart County Board of Education Stewart County Sumter County
Talbot County Library Trustees
Taliaferro County Board of Education

Carpet and floor replacement in flooded

areas at Randolph County Elementary

$

Food for the poor by Harrisburg West

End Neighborhood Association, Inc.

in Richmond County

$

Restoration of the Boyhood home of

President Woodrow Wilson and the

Boyhood home of U.S. Supreme

Court Justice Joseph Rucker Lamar by

Historic Augusta, Inc.

$

Continue hazardous materials investiga-

tion of illegal dumping with the Mar-

shal's Department in Richmond

County

$

Promote collection and management ef-

forts of the Augusta/Richmond

County Museum

$

Renovate and repair the Olde Town

Conyers Arts Center

$

Furnish additional jail beds for the

Screven County Sheriffs Department $

Construct and furnish weight room and

field house for Seminole County High

School and Middle School

$

Contract for services with the Civil De-

fense ATV in Stephens County

$

Contract for services with Stephens

County Volunteer Fire Departments $

Purchase uniforms, instruments, and

equipment for the Stewart County

School for the Arts

$

Purchase a rescue truck and equipment

for the Stewart County EMS

$

Purchase firefighting and related equip-

ment for the Lake Blackshear Volun-

teer Fire Department

$

Train school-age to college youths in ba-

sic computer skills in Talbot County $

Funds for land clearing/facilities for new

Taliaferro County school

$

35,000 25,000
25,000
30,000 25,000 15,000 25,000 25,000
7,000 25,000 15,000 20,000 50,000 15,000 10,000

____..

GEORGIA LAWS 2000 SESSION

Tattnall County
Tattnall County Board of Education
Taylor County
Telfair County Board of Education
Telfair County
Thomas County
Thomas County
Tift County
Tift County
Toccoa/Stephens County Airport Authority
Town of Mitchell
Towns County
Towns County Troup County
Twiggs County Union County
Upson County
Walker County Board of Education

Contract for services with the East Col-

lins Community Center for an after

school program in Tattnall County

$

Expand/improve the canning plant at

Tattnall County High School

$

Purchase and install tornado warning si-

rens in Taylor County

$

Telfair County athletic program

$

Contract for services with the Telfair

County Development Authority

$

Renovation and repairs to the Thomas

County courthouse clock and tower $

Purchase/install an acoustical ceiling

and purchase furniture and equip-

ment at the Marguerite Neel Williams

Boys and Girls Club of Thomas

County

$

Development of teen court program at

the Tift County YMCA

$

Contract for services with the Red Cross

in Tift County

$

Planning of an airport terminal in Toe-

coa/Stephens County

$

Renovate and upgrade downtown side-

walk in the Town of Mitchell

$

Construction and purchase equipment

for the new Towns County Jail

$

Purchase fire vehicle for Towns County $

Purchase fixtures, furniture and equip-
ment for the W. J. Griggs recreation

center in Troup County

$

Renovate courthouse in Twiggs County $

Purchase a Fire and Rescue A.T.V. vehi-

de in Union County

$

Improvements to the recreation facility

in Upson County

$

Purchase equipment for LaFayette High

School in Walker County

$

1799
10,000
25,000 25,000
20,000 25,000 10,000
30,000 5,000 10,000
25,000 10,000 50,000 15,000
20,000 19,000 10,000 25,000
5,000

1800

GENERAL ACTS AND RESOLUTIONS, VOL. I

Walker County Walton County
Board of Education Ware County Ware County Ware County
Ware County Board of Education
Warren County Wayne County Wheeler County White County White County Wilcox County
City of Abbeville City of Acworth City of Acworth City of Adairsville City of Adel City of Ailey City of Albany

Preservation projects for Walker County

Historic

$

Purchase uniforms and equipment for

the Monroe Area Comprehensive

High School Band in Walton County $

Improvements at the Ware County Rec-

reation Department

$

Joint Tourism Program for Ware and

Pierce Counties

$

Drain tile installation at Pierce County

Industrial Park and site preparation

for Ware County Industrial Park

$

Mobile classroom unit for Ware County

Magnet School and acoustical im-

provements at Ware County High Gym $

Purchase furniture/fixtures for new War-

ren County Courthouse

$

Renovate Wayne County recreation and

voting precinct building

$

Upgrade equipment for the Recreation

Department of Wheeler County

$

Purchase equipment for Evening Star

Music Series in White County

$

Purchase equipment for Station 5 Shoal

Creek in White County

$

Construction of volunteer fire depart-

ment for the Cedar Creek Fire De-

partment in Wilcox County

$

Completion of construction of Abbeville

Fire Department Building

$

Purchase playground equipment for

Cauble Park in the City of Acworth $

Improvements/repairs to the Mustang

Baseball Field in the City of Acworth $

Renovate the fire hall in the City of

Adairsville

$

Construction of Union Rd Veterans Park

in the City of Adel

$

Renovate the historic Ailey Rosenwald

School

$

Provide transportation for the Slater

King Adult Rehab Day Center in the

City of Albany

$

7,500
13,000 25,000 10,000
25,000
50,000 15,000 25,000 10,000 5,000 5,000
5,000 5,000 10,000 10,000 40,000 5,000 15,000
30,000

GEORGIA lAWS 2000 SESSION

1801

City of Albany
City of Albany
City of Allentown City of Alma City of Ambrose
City of Aragon City of Ashburn
City of Atlanta
City of Atlanta City of Atlanta City of Atlanta
City of Atlanta
City of Atlanta City of Atlanta
City of Atlanta Board of Education

Contract for services with the Lamb

Shelter Day Care Center, Inc. in AI-

bany

$

Provide after school hour studies for the

East Albany area through the Greater

Mt. Olive Outreach Center, Inc.

$

Purchase a hitch tractor for the City of

Allentown

$

Purchase/install lighting for Linear Park

in the City of Alma

$

Purchase of lighting, playground equip-

ment and softball field/tennis court

improvements

$

Recreational and parks improvements

for the City of Aragon

$

Renovation and improvements to Old

City recreation department park area

in Ashburn

$

Contract for services with for Paradise

Mter School Program in the City of

Atlanta

$

Support a Southwest YMCA program in

the City of Atlanta

$

Washington Park Ballfield Improvements

in Atlanta

$

Enhance public safety for Martin Luther

King, Jr. Community Development in

the City of Atlanta

$

Provide housing residential improvement

and economic development for Pitts-

burgh Community Improvement Asso-

ciation in the City of Atlanta

$

Contract for services with the Sickle Cell

Foundation of Georgia in Atlanta

$

Contract for services with the Simpson

Road House of Hope in the City of

Atlanta

$

Kennedy Middle School Mter School Tu-

torial Program in Atlanta

$

20,000 20,000 20,000 10,000 5,000 20,000 15,000 15,000 25,000 10,000 50,000
50,000 100,000 40,000 60,000

1802

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Atlanta
City of Baldwin City of Baldwin City of Barnesville City of Baxley City of Baxley City of Blackshear City of Blooming-
dale City of Bowdon
City of Bremen Board of Education
City of Buchanan City of Byron City of Camilla
City of Canon City of Carrollton
Board of Education City of Cartersville City of Cave Springs City of Cedartown

Pilot program for the Awareness of Pre-

vention of Substance Abuse for the

Fulton Atlanta Community Action Au-

thority, Inc. in Atlanta

$

Purchase turn-out gear and fire fighting

equipment in the City of Baldwin

$

Purchase duty weapons and gear for the

Baldwin Police Department

$

Repairs and improvements to City of

Barnesville Fire Department

$

Rebuild and upgrade the picnic pavilion

at Ernest J. Parker park in Baxley

$

Purchase breathing equipment for each

fire department in the City of Baxley $

Purchase/install lighting and other im-

provements in Blackshear City Park $

Purchase emergency equipment and a

used fire pumper truck for the City of

Bloomingdale

$

Construct/improvements to a multi-pur-

pose recreation facility, auditorium

and gymnasium in City of Bowdon

$

Purchase band equipment for the Sewell

Middle School in the City of Bremen

$

Buchanan recreation department

$

Renovate Gymnasium and Auditorium at

Old Byron High School

$

Restoration of CSX train depot in Ca-

milia for use as Welcome/Tourist

Center

$

Improvements to the City of Canon pub-

lie works water system

$

Upgrading athletic facilities for boys and

girls in the City of Carrollton

$

Improvements to the firing range at the

Cartersville Police Department

$

Repair/replace roof for the city building

and purchase fire equipment for the

City of Cave Springs

$

Recreational improvements for the City

of Cedartown at Northwest Field and

Little League

$

10,000 10,000 7,000 10,000 5,000 10,000 10,000
50,000
60,000
32,000 15,000 25,000
25,000 25,000
15,000 5,000
45,000
30,000

GEORGIA lAWS 2000 SESSION

City of Chickamauga
City of Claxton City of Cleveland City of Cochran City of Cochran City of Coleman City of Colquitt City of Commerce
Board of Education City of Concord City of Conyers
City of Culloden City of Dalton
City of Darien City of Dawson Li-
brary Trustees City of Decatur City of Denton City of Dillard City of Doerun City of Douglas

Purchase filtration equipment for City of

Chickamauga water treatment plant $

Purchase equipment for Claxton Police

Department

$

Extend the County Sewer Line to a new

school in the City of Cleveland

$

Recreation facility planning and renova-

tion in the City of Cochran

$

Develop a master plan for the Cochran

Airport

$

Replace/repair termite infestation dam-

age at Coleman City Hall

$

Construct a new baseball/softball facility

on Milford Road in Colquitt

$

Replace cabinets and purchase lab

equipment for Commerce High

School

$

Upgrade the City of Concord municipal

water system

$

Construct a Field of Dreams for the Mir-

acle League Located in the City of

Conyers

$

Purchase fire truck and equipment for

the City of Culloden

$

Establishment of official visitors center

through the Dalton Convention and

Visitors Bureau

$

Purchase sewer vacuum truck for the

City of Darien

$

Restore Carnegie Library in the City of

Dawson

$

Contract for services with Young Life

South DeKalb mentoring program

$

Purchase/install lights for the recrea-

tional center in the City of Denton

$

Renovate and repair Dillard Farmer's

Market

$

Renovate building for use as a commu-

nity center in the City of Doerun

$

Construction of Historic Bell Tower,

Eastside Park and Roundtree Park in

the City of Douglas

$

1803
25,000 40,000 10,000 15,000 10,000
5,000 5,000
15,000 25,000
75,000 15,000
2,500 25,000 40,000 15,000 10,000 25,000 20,000
15,000

1804

GENERAL ACTS AND RESOLUTIONS, VOL. I

Dublin City Schools City of Dudley City of East Ellijay City of East Point City of East Dublin
City of Eatonton
City of Euharlee City of Fargo City of Fayetteville City of Folkston City of Folkston City of Folkston City of Fort Valley
City of Franklin Springs
City of Ft. Oglethorpe
City of Gainesville
City of Gillsville City of Guyton City of Hahira

Purchase computers and equipment for

Dublin City Schools

$

Purchase equipment for Dudley Volun-

teer Fire Department

$

Renovation and repairs to City Hall in

East Ellijay

$

Start Up and Operations of Atlanta

Fulton Council on Youth

$

Improvements to the Water & Sewer,

Right-of-Way and Road Construction

in East Dublin

$

Development and construction/improve-

ment for the Historic Madison Avenue

School Project in the City of Eatonton $

Recreation and parks improvements for

the City of Euharlee

$

Purchase and install steam serving table

in the City of Fargo

$

Restore the historic Hollingsworth

House in the City of Fayetteville

$

Purchase/install promotional signs for

the City of Folkston

$

Improvements to the electrical system at

the historic Mizell House in Folkston $

Planning and design of Okefenokee Re-

search Center in City of Folkston

$

Improvements to Boys and Girls Club of

Peach County facility in the City of

Fort Valley

$

Purchase/install public works lift station

for sewer system in the City of Frank-

lin Springs

$

Improve sidewalk and road improve-

ments and Calvary museum in City of

Ft. Oglethorpe

$

Restore water/soil sedimentation in the

city park area for Friends of the Parks

in Gainesville

$

Construct and rebuild sidewalks in the

City of Gillsville

$

Purchase/install air conditioning and

acoustics for City of Guyton gym

$

Replace Hahira Main Street sidewalk

$

5,000 25,000 15,000 50,000
15,000
40,000 30,000 15,000 10,000
5,000 20,000 10,000
60,000
25,000
10,000
50,000 10,000 10,000 30,000

GEORGIA LAWS 2000 SESSION

City of Harrison City of Hazelhurst City of Helen City of Hinesville City of Hoboken City of Homeland City of Jenkinsburg City of Jesup City of Kingsland City of Kingston City of Kite City of LaFayette City of LaFayette
City of LaFayette City of Ludowici City of Luthersville City of Lyons City of Macon
City of Macon City of Madison

Renovate old building and construct

new City Hall for the City of Harrison $

Purchase property for Hazelhurst Com-

munity Center

$

Contract for services with the River Walk

in the City of Helen

$

Equip fire station in the City of Hines-

ville

$

Improvements to the walking track in

the City of Hoboken

$

Improvements to the outdoor walking

track in the City of Homeland

$

Develop a city park in the City of

Jenkinsburg

$

Improvements to a city recycling area

fence and shelter in City of Jesup

$

Purchase emergency equipment for the

Kingsland Volunteer Fire Department $

Contract for services with the museum

in the City of Kingston

$

Renovate and repair community center

in the City of Kite

$

Purchase/install playground equipment

for the LaFayette Housing Authority $

Purchase additional playground equip-

ment at the Linwood Memorial park

in LaFayette

$

Improvements to the walking trail at the

City of LaFayette Recreation Center $

Install water meter and repair station for

the City of Ludowici

$

Repairs and renovations to the old

Luthersville Elementary School

$

Purchase and pave a lot at the Lyons

Recreation Department

$

Replace/repair roof of the Booker T.

Washington Community Center facility

in Macon

$

Contract for services with the Macon Po-

lice Athletic League youth program $

Construct wheelchair accessible paved
area for the J.E. Owen Memorial Ar-

boretum, Inc. in the City of Madison $

1805
75,000 25,000 20,000 20,000
5,000 5,000 10,000 10,000 25,000 10,000 5,000 5,000
2,500 5,000 10,000 30,000 5,000
15,000 10,000
9,000

1806

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Manchester
City of Marietta Board of Education
City of Marshallville City of McDonough
City of Menlo City of Montrose City of Moultrie City of Mount Zion City of Nahunta City of Nashville City of Newnan City of Odum City of Offerman City of Patterson City of Patterson
City of Pearson City of Pelham City of Pine Lake City of Pinehurst

Renovate and expand the capacity of the

public day care center for day care

slots in the City of Manchester

$

Purchase of elementary school music

keyboarding labs in City of Marietta

schools

$

Construct a sewer service for the pro-

posed Post Office in Marshallville

$

Purchase/install lighting for recreation

ballfields at Alexander Park in the

City of McDonough

$

Construct a community center for the

Menlo Housing Authority

$

Improvements to City of Montrose water

system

$

Construction of community center to

serve Northwest Moultrie

$

Renovate of City of Mt. Zion Activity

Center

$

Complete the City Volunteer Fire De-

partment Building in Nahunta

$

Renovation project for multi- purpose

building in the City of Nashville

$

Remodel the Newnan Community Thea-

ter County, Inc. building

$

Repair and renovate Odum City Hall

$

Purchase equipment for City of Offer-

man

$

Patterson Recreation Department in Pat-

terson

$

Renovate and purchase equipment for

the Edward (Bud) Newton Recreation

Community Center in the City of Pat-

terson

$

Recreation and utility needs for the City

of Pearson

$

Purchase composting equipment in the

City of Pelham

$

Safety and maintenance of public build-

ings in the City of Pine Lake

$

Renovate the Old Depot in City of Pine-

hurst for Community Gathering

Center

$

25,000
50,000 15,000
10,000 10,000 10,000 25,000 15,000 10,000 20,000 10,000
5,000 5,000 5,000
5,000 10,000 25,000 20,000
15,000

City of Pineview
City of Pitts City of Pitts City of Plains City of Quitman City of Quitman City of Ray City City of Rayle City of Rebecca
City of Riverdale
City of Rochelle City of Rockmart City of Rome
City of Rome
City of Rome City of Roswell
City of Savannah

GEORGIA LAWS 2000 SESSION

Expansion of building occupied by the

Clerk's office, Council, Chamber, Mu-

nicipal Courtroom and Police Head-

quarters in the City of Pineview

$

Construction of a spec building for the

Industrial Park in the City of Pitts

$

Planning of Industrial Complex in Wil-

cox County

$

Purchase/install emergency water well

for City of Plains

$

Repairing and upgrading of Humane So-

ciety Animal Shelter in Quitman

$

Repair to the former City Hall of Quit-

man

$

Construct a multi-purpose recreation fa-

cility in Ray City

$

Repair water system and purchase equip-

ment for fire department in Rayle

$

Construction, equipment and supplies

for the City of Rebecca recreation

area

$

Improvements for city park including re-

pairs and purchasing equipment in

the City of Riverdale

$

Renovation and repair to City Hall in

the City of Rochelle

$

Provide recreational funds for the City

of Rockmart

$

Purchase automatic defibrillators and

train personnel at the Rome Floyd

County Fire Department

$

Contract for services with the National

Creative Society for "Children Helping

Children" in the City of Rome

$

Renovate Rome Area History Museum to

meet ADA requirements

$

Promote the Chattahoochee River Trail

System for the Roswell Convention

and Visitors Center

$

Rebuild existing bathrooms in the W.W.

Law Regional Center, a multi-recrea-

tional center.

$

1807
10,000 25,000 10,000 34,000 10,000 40,000 10,000 14,000
7,500
10,000 10,000 30,000
15,000
30,000 20,000
10,000
10,000

..

1808

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Savannah City of Savannah
City of Savannah
City of Savannah
City of Screven City of Smyrna City of Smyrna City of Social Cir-
de City of Soperton City of Sparta
City of Sumner City of Sycamore
City of Sylvester Library Trustees
City of Sylvester City of Talbotton City of Tallapoosa City of Thomasville City of Thunder-
bolt City of Tiger

Improvements to the Cultural Affairs

Commission building in Savannah

$

Purchase equipment and medical sup-

plies for Savannah Health Mission

clinic

$

Construct a multi-purpose facility at the

Tom Austin House in the City of Sa-

vannah

$

Purchase green space/park for Liberty

City Community in the City of Savan-

nah

$

Construct tennis court and purchase

defibrillators for the City of Screven $

Construct an arboretum walking trail for

the Keep Smyrna Beautiful, Inc.

$

Promote the Smyrna Revitalization Au-

thority Project

$

Repair of sewer line in the City of Social

Circle

$

Renovation/repair City of Soperton fire

department

$

Revitalization of downtown business dis-

trict and sidewalks in the City of

Sparta

$

Renovate the sprinkler system in the

Old Sumner School auditorium

$

Improvements to City Park and purchase

recreation equipment in the City of

Sycamore

$

Improvements and purchases for the

Margaret Jones Public Library

$

Renovation and improvements to his-

toric Jeffords park in Sylvester

$

Improvements to the Kiddie Park in the

City of Talbotton

$

Contract for services with the City of

Tallapoosa recreation department

$

Contract for the services for the Genesis

Food Park

$

Operating expenses for the Thunderbolt

Council for assistance for two major

drinking water projects

$

Purchase fire and rescue equipment for

the City of Tiger

$

10,000
15,000
75,000
50,000 10,000 5,000 10,000 30,000 17,000
10,000 10,000
10,000 10,000 20,000 35,000 15,000 50,000
45,000 10,000

GEORGIA LAWS 2000 SESSION

1809

City of Toccoa
City of Toccoa City of Tybee Is-
land City of Tybee Is-
land City of TyTy
City of Valdosta City of Valdosta City of Valdosta City of Vidalia
City of Villa Rica City of
Walthourville City of Warner
Robins City of Warner
Robins City of Watkinsville
City of Whigham City of Woodland City of Wrightsville Appling County

Initiate purchase of a 92 acre tract of

land along the Tugalo River and re-

construct a heritage village

$

Repair Toccoa Little League fields

$

Funds for educational beach walks and

ecosystem tours for school children

for the City of Tybee Island

$

Purchase/install snow fencing for Tybee

Island beach work

$

Improvements to the Central park walk-

ing area and recreation equipment

purchase for the City of TyTy

$

Contract for services with the Valdosta

Food Bank

$

Repair Lowndes County Historical Soci-

ety and Museum building

$

Maintenance and repairs for Valdosta/

Lowndes Arts Commission

$

Construct a walking trail and resurface

tennis courts at the Vidalia Recreation

Department

$

Develop ballfields and soccer fields for

the City of Villa Rica

$

Purchase equipment for the City of

Walthourville

$

Operating expenses for Warner Robins

Convention and Visitors Bureau

$

Acquisition and development of green-

way corridor in the City of Warner

Robins

$

Renovate the old school building into

arts facility for the Oconee County

Arts Foundation, Inc. in the City of

Watkinsville

$

Renovate Voting Precinct I Court Room

in the City of Whigham

$

Purchase/install lighting for Woodland

Community Park

$

Repair and renovate the City of Wrights-

ville Fire Department

$

Construct two buildings for the Appling

County Fire Department

$

15,000 29,000
25,000 50,000
7,500 35,000
5,000 5,000
20,000 15,000 10,000 25,000
25,000
15,000 10,000 10,000 28,000 16,000

1810

GENERAL ACTS AND RESOLUTIONS, VOL. I

Athens-Clarke County
Athens-Clarke County
Baker County Board of Education
Baldwin County Board of Education
Barrow County
Bartow County
Bartow County
Bartow County
Bartow County
Bartow County
Bartow County
Berrien County
Bryan County
Bryan County
Camden County
Chatham County
Chatham County Library Trustees
Chattahoochee County

Improvements to the Clarke County rec-

reational facilities

$

Pave parking lot for the Athens Boys

and Girls Club

$

Pave lot and construct playground for

Baker County Schools

$

Purchase/install lighting for Baldwin

High School ball field

$

Improvements to the Barrow County rec-

reational facilities

$

Develop feasibility study and plan for

the Kingston City Road Project in Bar-

tow County

$

Improvements to baseball field for Bar-

tow County Recreation Department $

Upgrade Pine Log Fire Department in

Bartow County

$

Purchase equipment for Folsom Fire De-

partment in Bartow County

$

Renovate/construct Kingston Elementary

School Outdoor Campus in Bartow

County

$

Purchase equipment for Bartow County

Fire Department

$

Maintain Connell Confederate Cemetery

in Berrien County

$

Purchase equipment and trucks for the

Baconton Fire Station in Bryan

County

$

Purchase equipment and trucks for the

Mill Creek Fire Station in Bryan

County

$

Upgrade the Fire Safety House in Cam-

den County

$

Purchase outdoor equipment for Chat-

ham County Recreation Department

for Lake Mayer, Scott Stell, and Tom

Tripplett Parks

$

Purchase books and materials for Chat-

ham County main library

$

Drill groundwater well and replace

pump in Chattahoochee County

$

8,000 21,000
20,000
20,000 8,000
28,000 35,000
8,000 8,000
9,000 7,000 15,000
12,000
12,000 32,000
24,000 40,000 60,000

GEORGIA lAWS 2000 SESSION

1811

Chattahoochee County Board of Education
Chickamauga City Board of Education
Clarke County
Clay County Development Authority
Clayton County
Clayton County
Clayton County
Clayton County
Clayton County Board of Education
Cobb County
Cobb County
Coffee County
Columbia County
Cook County Library Trustees
Crisp County Board of Education
Dade County
Dawson County
Decatur County

Renovate classrooms for in Chattahoo-

chee County schools

$

Resurface Gordon Lee High School

track in Chickamauga

$

Contract for services with the Food Bank

of Northeast Georgia in Clarke County $

Develop feasibility study and plan for

proposed Clay County retirement facil-

ity

$

Purchase playground equipment for In-

ternational Park in Clayton County $

Construct/repair sidewalks and drainage

system for the City of Forest Park

$

Purchase equipment for the Forest Park

Athletic Association in the City of For-

est Park

$

Contract for services with the Economic

Development and Training Program,

Inc. in Clayton County

$

Purchase/install lighting for Lovejoy

High School softball field in Clayton

County

$

Contract for services for Sweetwater Val-

ley Camp in Cobb County

$

Improvements to Fuller Park Recrea-

tional Facility in Cobb County

$

Construct activity room for Concerted

Services, Inc. in Coffee County

$

Replace radio communications for Co-

lumbia County Sheriff's Office

$

Replace roof of Cook County Library

$

Purchase equipment for the Crisp

County High School JROTC

$

Improvements to recreational facilities in

Dade County

$

Construct the Dawson County High

School stadium facility

$

Contract for services with Albany ARC in

Decatur County

$

60,000
24,000 20,000
90,000 30,000 100,000
25,000
8,000
33,000 100,000 20,000 40,000
15,000 65,000
4,000 48,000 40,000 34,000

I I I

1812

GENERAL ACTS AND RESOLUTIONS, VOL. I

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 DeKalb County DeKalb County
DeKalb County
DeKalb County

Contract for services with The Legacy

Program in DeKalb County

$

Furnish rooms at the Women's Resource

Center in DeKalb County

$

Expand services provided by Mary Lin

Mentoring Program in DeKalb County $

Contract for services with Project Impact

Atlanta/DeKalb, Inc.

$

Purchase an emergency lift for the City

of Chamblee Public Works Depart-

ment

$

Contract for services with Operation

Peace in DeKalb County

$

Contract for services with the DeKalb

Teen Pregnancy Program

$

Expand/renovate Leigh Cottage of the

Children's Home in DeKalb County $

Purchase a van in DeKalb County

$

Purchase/install computers and software

for the Neighborhood Playhouse in

DeKalb County

$

Expand public awareness campaign for

the Georgia Association for Prader-

Willi Syndrome, Inc. in DeKalb

County

$

Contract for services with the Building

Young Families in DeKalb County

$

Construct a senior service facility for Se-

nior Connections, Inc. in DeKalb

County

$

Contract for services with Georgia Gives

Back, Inc. in DeKalb County

$

Contract for services with the AIDS Epi-

demic program in DeKalb County

$

Purchase and renovate Transitional

Home for Women and Girls facility in

DeKalb County

$

Purchase van and maintenance for

Scottsdale Child Development and

Family Resource Center in DeKalb

County

$

Contract for services with the Positive

Growth Youth Home for Boys in

DeKalb County

$

40,000 8,000 4,000
40,000
13,000 40,000 120,000 72,000 20,000
8,000
20,000 32,000
48,000 75,000 64,000
80,000
20,000
20,000

GEORGIA LAWS 2000 SESSION

DeKalb County
DeKalb County
DeKalb County Board of Education
Dodge County Albany/Dougherty
County Payroll Development Authority Dougherty County
Douglas County
Douglas County Board of Education
Douglas County Board of Education
Effingham County
Effingham County
Elbert County
Elbert County
Evans County
Evans County Board of Education
Fayette County Board of Education

Contract for services with the Scottdale

Community Planning Council for im-

proved housing and programs

$

Contract for services with the "Shop

With A Cop" program in DeKalb

County

$

Purchase/install computers and software

for the DeKalb Board of Education

$

Upgrade Dodge County fire stations

$

E-commerce study for Albany/Dougherty

County Payroll Development Authority

$

Contract for services for early interven-

tion programs for preschool at Albany

ARC in Dougherty County

$

Purchase playground equipment for

park in City of Palmetto in Douglas

County

$

Purchase equipment for Lithia Springs

High School College and Career

Center in Douglas County

$

Purchase/install computers and software

for the Douglas County schools

$

Construct shelter in community park in

Effingham County

$

Purchase/install communications system

for Effingham County Fire Depart-

ment

$

Construct a softball field at Elbert

County High School

$

Renovate the Elbert Theater in the City

of Elberton

$

Purchase equipment for Evans County

Fire Department

$

Repair/replace roof for Clayton Head

Start for Evans County Board of Edu-

cation

$

Joseph Sams School in Fayette County

$

1813
40,000 8,000 4,000 8,000
50,000 33,000 20,000 16,000 38,000 12,000 24,000
8,000 40,000 12,000
8,000 80,000

1814

GENERAL ACTS AND RESOLUTIONS, VOL. I

Floyd County Floyd County Floyd County
Floyd County Franklin County Fulton County
Fulton County Fulton County Fulton County
Fulton County Fulton County
Fulton County Fulton County Fulton County Fulton County
Fulton County Fulton County
Board of Education Gilmer County

Construct ballfield for Horace Anthony

Recreation Center in Floyd County

$

Restoration of Chieftain's Museum in

Rome

$

Contract for services with the 100 Black

Men mentoring program in Floyd

County

$

Contract for services with the Rome

Area History Museum in Floyd County $

Construct a little League Ballpark in

Lavonia in Franklin County

$

Purchase equipment and furniture for

Tuskegee Airmen, Inc. in Fulton

County

$

Revitalize the Martin Luther King, Jr.

Corridor in Fulton County

$

Contract for services with South Fulton

Clean and Beautiful

$

Repair/replace plumbing in Foundation

Facility and Program Operations in

Fulton County

$

Contract for services with AUDIENCE,

Inc. in Fulton County

$

Contract for services with the Old Na-

tiona! Wrap-Around Collaborative in

Fulton County

$

Contract for services with Nonprofits for

Nonprofits, Inc. in Fulton County

$

Contract for services with The Metro

Life Center, Inc. in Fulton County

$

Contract for services with KidsGym USA

in Fulton County

$

Improve structure and purchase equip-

ment for The Connector, Inc. in

Fulton County

$

Contract for services with Alternative

Choices Corporation in Fulton County $

Purchase/install lighting for Tri-Cities

High School ball field in Fulton

County

$

Restore/repair court and real estate

records of Gilmer County

$

50,000 20,000
20,000 20,000 20,000
10,000 60,000 24,000
100,000 40,000
40,000 20,000 24,000 40,000
36,000 36,000
53,000 12,000

GEORGIA LAWS 2000 SESSION

Glascock County
Glynn County
Glynn County
Glynn County
Grady County Gwinnett County
Board of Education Gwinnett County Board of Education Gwinnett County Board of Education Habersham County
Habersham County
Habersham County
Hall County Board of Education
Hall County Board of Education
Hancock County Board of Education
Heard County
Jackson County Board of Education

Renovate the People's House and

purchase equipment for Glascock

County Fire Department

$

Construct/renovate entrance and park-

ing lot of Glynn County Animal Con-

trol Building

$

Implement plan for development of AI-

tamaha Regional Park in Glynn

County

$

Purchase/install lighting for North

Glynn Recreation Park

$

Purchase fire house for Grady County $

Improvements to the Brookwood High

School Athletic Complex including re-

finishing the gym floor

$

Improvements to the Shiloh High

School Athletic Complex in Gwinnett

County

$

Renovate the Physical Education and

Athletic facilities in Gwinnett County

$

Purchase equipment for Habersham

County Volunteer Fire Department

$

Purchase building for the Habersham

Soup Kitchen

$

Develop feasibility study and plan to pre-

serve and protect the land and water

known as Habersham Mills in Haber-

sham County

$

Improvements to Johnson High School

in Hall County

$

Restoration of North Hall High School

athletic field in Hall County

$

Expand Summer Science and Summer

Band programs in Hancock County

schools

$

Construct and pave the parking lot for

the Heard County Mental Health

Center

$

Construct an Agricultural Building at

Jackson County High School

$

1815
26,000 24,000
8,000 20,000 16,000 40,000 40,000 80,000 12,000 20,000
40,000 25,000 60,000
8,000 32,000 40,000

GEORGIA lAWS 2000 SESSION

Glascock County
Glynn County
Glynn County
Glynn County
Grady County Gwinnett County
Board of Education Gwinnett County Board of Education Gwinnett County Board of Education Habersham County
Habersham County
Habersham County
Hall County Board of Education
Hall County Board of Education
Hancock County Board of Education
Heard County
Jackson County Board of Education

Renovate the People's House and

purchase equipment for Glascock

County Fire Department

$

Construct/renovate entrance and park-

ing lot of Glynn County Animal Con-

trol Building

$

Implement plan for development of AI-

tamaha Regional Park in Glynn

County

$

Purchase/install lighting for North

Glynn Recreation Park

$

Purchase fire house for Grady County $

Improvements to the Brookwood High

School Athletic Complex including re-

finishing the gym floor

$

Improvements to the Shiloh High

School Athletic Complex in Gwinnett

County

$

Renovate the Physical Education and

Athletic facilities in Gwinnett County

$

Purchase equipment for Habersham

County Volunteer Fire Department

$

Purchase building for the Habersham

Soup Kitchen

$

Develop feasibility study and plan to pre-

serve and protect the land and water

known as Habersham Mills in Haber-

sham County

$

Improvements to Johnson High School

in Hall County

$

Restoration of North Hall High School

athletic field in Hall County

$

Expand Summer Science and Summer

Band programs in Hancock County

schools

$

Construct and pave the parking lot for

the Heard County Mental Health

Center

$

Construct an Agricultural Building at

Jackson County High School

$

1815
26,000 24,000 8,000 20,000 16,000 40,000 40,000 80,000 12,000 20,000
40,000 25,000 60,000 8,000 32,000 40,000

1816

GENERAL ACTS AND RESOLUTIONS, VOL. I

Jefferson County
Jenkins County
Jenkins County
Jenkins County Hospital Authority
Jones County
Liberty County
Liberty County
Liberty County
Lincoln County
Lincoln County
Lowndes County
Lowndes County Board of Education
Lowndes County Board of Education
Lumpkin County
Lumpkin County
Lumpkin County
Meriwether County
Meriwether County Board of Education

Contract for services with Jefferson

County Economical Development to

attract, retain and expand businesses

withing the community

$

Install ADF network for the Jenkins

County Airport

$

Expand Extension Education Center in

Jenkins County

$

Purchase equipment for Jenkins County

Hospital Authority

$

Develop feasibility study and plan for

Jones County water system

$

Construct a multi-purpose education fa-

cility in Liberty County

$

Improvements to recreational facilities in

Liberty County

$

Contract for services with the Eleven

Black Men of Liberty County

$

Resurface parking lot of the Lincolnton

Clubhouse in Lincoln County

$

Purchase/install lighting and fencing for

Lincoln County Recreation Depart-

ment

$

Construct a Youth and Teen Center for

the YMCA in Lowndes County

$

Repair/restore Lake Park Elementary

School gym in Lowndes County

$

Resurface the track at Lowndes County

High School

$

Purchase/install lighting for youth soft-

ball field in Lumpkin County

$

Purchase equipment for Lumpkin

County Volunteer Fire Department

$

Contract for services for Community

Care Shelter in Lumpkin County

$

Renovate the WPA Building in Mer-

iwether County

$

Construct and purchase equipment for

two elementary schools in Meriwether

County

$

40,000 16,000 4,000
16,000 20,000 20,000 40,000 16,000
6,500
8,000 60,000
22,000
24,000 8,000 4,000 8,000
40,000
51,000

GEORGIA LAWS 2000 SESSION

1817

Miller County Montgomery
County Board of Education Morgan County
Oconee County Oconee County Paulding County
Board of Education Polk County Quitman County Rabun County Rabun County Hospital Authority Richmond County Richmond County
Richmond County
Richmond County Richmond County
Richmond County
Richmond County

Restore/refurbish agricultural "show

barn" located in Miller County

$

Improvements to the Montgomery

County Middle/High School sports fa-

cilities

$

Contract for services for the Morgan

County Mrican American Cultural

Center

$

Improvements to the Oconee County

recreational facilities

$

Renovate/restore the William Daniel

House in Oconee County

$

Purchase band uniforms and equipment

for the Paulding County Board of Ed-

ucation

$

Purchase equipment for the Polk County

Fire Department

$

Develop feasibility study and plan for

marina in Quitman County

$

Purchase equipment for Rabun County

Volunteer Fire Department

$

Develop feasibility study and plan for a

rural hospital in Rabun County

$

Construct ball field for Master City Little

League in Richmond County

$

Contract for services with the Delta

House, Lucy Craft Laney Museum in

Richmond County

$

Contract for services with Southeastern

Firefighters' Burn Foundation in Rich-

mond County

$

Purchase equipment for Boxing Club in

Richmond County

$

Contract for services with the CSRA Eco-

nomic Opportunity Authority in Rich-

mond County

$

Improvements/construction for the

Eastview Recreation Center in Rich-

mond County

$

Contract for services with the Safe Com-

munities Coalition of Augusta in Rich-

mond County

$

52,000
8,000
8,000 8,000 16,000
57,000 25,000 40,000 12,000 32,000 24,000
20,000
44,000 24,000
40,000
75,000
20,000

1818

GENERAL ACTS AND RESOLUTIONS, VOL. I

Richmond County
Richmond County
Richmond County Board of Education
Richmond County Board of Education
Richmond County
Schley County Board of Education
Screven County
Screven County Library Trustees
Seminole County Board of Education
Spalding County
Stephens County
Stewart County Board of Education
Taliaferro County Board of Education
Tattnall County
Tattnall County
Tattnall County Board of Education

Contract for services with the Southside

Tutorial Program in Richmond County $

Contract for services with the Delta

Leadership Training Program in Rich-

mond County

$

Purchase equipment for Lucy Laney

High School in Richmond County

$

Purchase equipment for Davidson

School of Fine Arts in Richmond

County

$

Contract for services with the Augusta

Ballet in Richmond County

$

Construct Schley County High School

$

Purchase/install equipment and fixtures

for Screven County Technical and

Adult Education Center

$

Repair/replace roof and building at

Screven- Jenkins Regional Library

$

Construct weight facility for Seminole

County Board of Education

$

Expand Griffin Tech Literacy Program

in Spalding County

$

Purchase monitoring and security equip-

ment for new courthouse in Stephens

county

$

Construct relay tower to provide internet

access to Stewart County Schools

$

Purchase land for Taliaferro schools

$

Expand meeting room for Tattnall

County

$

Contract for services with the Tattnall

County Hospital Authority

$

Construct teaching and canning facility

for Tattnall County Schools

$

32,000 16,000 8,000 50,000 20,000 80,000 20,000 16,000 20,000 40,000 20,000 10,000
8,000 16,000 40,000 20,000

GEORGIA LAWS 2000 SESSION

1819

Terrell County
Terrell County
Thomas County
Thomas County Board of Education
Tift County Board of Commissioners
Town of Mitchell
Town of Tyrone Towns County
Treutlen County Treutlen County Twiggs County
Union County
Union County
Walker County Ware County
Warm Springs Downtown Development Authority
Warren County
Wayne County
Wheeler County

Repair/replace roof at Historic Hill &

Hill Preservation Society in Dawson in

Terrell County

$

Construct/paint building at the Dawson-

Terrell County Airport

$

Restore clock and clock tower for

Thomas County Courthouse

$

Asphalt area at Thomas County High

School
$

Purchase rail car for the Tifton Terminal

Railway Museum

$

Renovate/upgrade downtown sidewalks

in Town of Mitchell

$

Construct ball field for Town of Tyrone $

Purchase equipment for Towns County

Volunteer Fire Department

$

Easter Seals in Treutlen County

$

Repair Treutlen County DFCS offices

$

Purchase furnishings for the Twiggs

County Courthouse

$

Purchase equipment for Union County

Volunteer Fire Department

$

Develop feasibility study and plan for

Farmer's Market in Union County

$

Renovate Walker County courthouse

$

Purchase Fire Safety House and towing

vehicle for Ware County/City of Way-

cross Fire Department

$

Construct the Warm Springs Welcome

Center

20,000 64,000 28,000
12,000
64,000 8,000
20,000 4,000 15,000 12,000 80,000 4,000 12,000 60,000
32,000

$

Purchase equipment and furnishings for

Warren County Courthouse

$

Purchase materials and construct fire sta-

tion for Madray Springs Volunteer

Fire Department in Wayne County

$

Purchase equipment and maintenance

for Wheeler County recreation facili-

ties

$

35,000 80,000 16,000
8,000

1820

GENERAL ACTS AND RESOLUTIONS, VOL. I

White County White County
White County White County White County
Whitfield County Whitfield County Whitfield County
Board of Education Wilkinson County
City of Acworth City of Acworth City of Acworth City of Alamo City of Alma City of Aragon City of Atlanta City of Atlanta
City of Atlanta City of Atlanta
City of Atlanta

Contract for services with White County

Homework Centers

$

Repair drainage problems and apply sod

to White County High School baseball

field

$

Develop feasibility study and plan for ec-

onomic development in White County $

Renovate White County Courthouse

$

Purchase equipment, computers, books

and supplies to establish a Boys and

Girls Club in White County

$

Construct parks and recreation area on

Cleveland Highway

$

Purchase the Hamilton House for Whit-

field/Murray Historical Society

$

Purchase of band uniforms for Whitfield

High School Band

$

Develop feasibility study and plan for

Balls Ferry Park on the Oconee River

in Wilkinson County

$

Pave parking lot for City of Acworth

Parks and Recreation Department

$

Construct multi-purpose court for the

City of Acworth Parks and Recreation $

Purchase police vehicle for the City of

Acworth Police Department

$

Purchase/install HVAC system at the

Alamo Civic Center

$

Improvements to two inner city parks in

the City of Alma

$

Develop/construct city park in Aragon $

Contract for services with Apex Museum

in the City of Atlanta

$

Contract for services with the United

Community Association, Inc. in At-

lanta

$

Improvements to Adams and John H.

White Park ballfields in Atlanta

$

Repair homes of Senior Citizens in

Washington Park and Washington

High Neighborhoods in Atlanta

$

Develop feasibility study and plan for

Morningside neighborhood in Atlanta $

8,000
12,000 20,000 40,000
20,000 40,000 104,000
16,000
27,000 12,000 8,000 16,000 8,000 8,000 16,000 100,000
40,000 38,000
40,000 32,000

GEORGIA LAWS 2000 SESSION

1821

City of Atlanta City of Atlanta
City of Atlanta City of Bartow City of Blakely City of Broxton City of Buena Vista City of Cartersville City of Cedartown City of Chester City of Clarkston City of Cleveland City of Cleveland City of Climax City of Colquitt
City of Columbus
City of Columbus City of Columbus City of Columbus City of Columbus

Develop feasibility study and plan for

Ansley Park Neighborhood in Atlanta $

Contract for services with the Albert].

Edmonds Leadership Development

Program in the City of Atlanta

$

Contract for services with Atlanta Public

Schools for a parent task force

$

Purchase equipment and improve City

of Bartow park

$

Extend the water lines in the City of

Blakely

$

Construct memorial for the Broxton Po-

lice Department

$

Purchase breathing apparatus for the

City of Buena Vista Fire Department $

Renovate/upgrade recreational facilities

in Cartersville

$

Construct multi-purpose facility for the

City of Cedartown

$

Replace windows at Chester City Hall

$

Purchase sanitation truck and A-300 E-Z

Pack for City of Clarkston

$

Purchase/install water line for new

school in City of Cleveland

$

Purchase equipment for Cleveland Vol-

unteer Fire Department

$

Construct a new gym for the City of Cli-

max

$

Establish the Community Development

Corporation of Southwest Georgia in

the City of Colquitt

$

Contract for services with the Veterans'

Life Action Center, Inc. in the City of

Columbus

$

Contract for services with the Drug

Fighters of Columbus

$

Contract for services with Southwest

Against Drugs in Columbus

$

Contract for services with Rediscovery

for retraining in Columbus

$

Contract for services with the Columbus

Literate Community Program, Inc.

$

32,000
96,000 20,000
2,500 12,000 4,000 12,000 32,000 56,000
4,000 61,000
4,000 4,000 12,000
8,000
8,000 15,000 12,000 12,000 16,000

1822

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Columbus City of Columbus City of Columbus
City of Columbus City of Columbus City of Commerce City of Cordele City of Cusseta
City of Cuthbert
City of Cuthbert City of Dallas City of Dalton City of Darien City of Donal-
sonville City of Dublin City of Eatonton City of Eatonton
City of Euharlee City of Fargo City of Fayetteville City of Flowery
Branch

Contract for services with Peabody in

Columbus

$

Contract for services with the Columbus

Teen Parenting Center

$

Contract for services with the Columbus

Housing Authority for Welfare to

Work

$

Contract for services with the Columbus

Youth Network

$

Contract for services with the Columbus

Police Department for training

$

Improvements to the Commerce Civic

Center

$

Construct new Cordele animal shelter $

Construct facility and purchase truck

and generator for the Cusseta City

Pound

$

Design/construct community band shell

in the Iris Garden in the City of

Cuthbert

$

Landscape the Music Mile Fletcher Hen-

derson Jazz Festival

$

Remodel Dallas City Hall complex

$

Contract for services with the Northwest

Georgia Girl's Home in Dalton

$

Purchase sewer vacuum truck for the

City of Darien

$

Beautify downtown Donalsonville includ-

ing construction of a pavilion and

purchase of entrance signs

$

Construct domestic violence shelter for

WINGS in Dublin

$

Purchase/install lighting on Highway 16

for the City of Eatonton

$

Develop feasibility study and plan for

city of Eatonton/Putnam County Pro-

ject

$

Remodel Euharlee City Hall complex

$

Restore ballfields for the City of Fargo

Recreation Departments

$

Restore Holliday-Dorsey-Fife House in

City of Fayetteville

$

Improvements to the City of Flowery

Branch

$

12,000 28,000
8,000 15,000 12,000 40,000 40,000
18,000
20,000 5,000 56,000 40,000 20,000
16,000 28,000 3,500
8,000 52,000 17,000 20,000 40,000

GEORGIA LAWS 2000 SESSION

1823

City of Fort Valley City of Gainesville
City of Glennville City of Glennville City of Hephzibah City of Helena City of Hiram City of Hoboken
City of Hogansville City of Ideal City of Jacksonville City of Jesup
City of Jonesboro City of Lake City City of Lafayette
City of Leary City of Ludowici City of Ludowici City of Macon City of Macon City of Macon

Renovate the Groutman House in City

of Fort Valley

$

Develop and construct storm water re-

tention projects for Gainesville Parks

and Recreation Agency

$

Purchase equipment for Glennville Fire

Department

$

Purchase/install lighting for Glennville

Recreation Department

$

Contract for services with Unlocking the

Mind in Hephzibah

$

Upgrade the Helena Fire Department $

Renovate/upgrade recreational facilities

in City of Hiram

$

Purchase computer software for Brantley

County police and recreation depart-

ments

$

Repair/replace the electricity service

lines in Hogansville

$

Renovate the City of Ideal police depart-

ment

$

Upgrade the Jacksonville Police Depart-

ment

$

Purchase vehicle and establish fire pre-

vention program for City of Jesup Fire

Department

$

Develop family park in the City of Jones-

boro

$

Purchase equipment for Lake City Police

Department

$

Develop feasibility study and plan for

water distribution evaluation in Lafay-

ette

$

Repair water system in the City of Leary $

Repair the Old Depot in Ludowici

$

Purchase/install water meters for the

City of Ludowici

$

Repair Booker T. Washington Center in

Macon

$

Contract for services with the Adult Lit-

eracy Program in Macon

$

Promote movie making and recording

industry in Macon

$

60,000
40,000 12,000 12,000 25,000
8,000 16,000
4,000 40,000 12,000
4,000
4,000 20,000 10,000
34,000 3,500 16,000 8,000 80,000 40,000 40,000

1824

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Metter City of Milan City of Milledge-
ville City of Millen City of Monticello
City of Monticello City of Morrow City of Morven City of Ocilla City of Odum City of Oglethorpe City of Patterson City of Pavo City of Pembroke City of Pine Lake City of Pineview City of Pooler City of Powder
Springs City of Reidsville City of Reidsville City of Remerton City of Rhine

Purchase equipment for City of Metter

Police Department

$

Purchase trash truck for City of Milan $

Contract for services with the Oconee

Family Crisis Center, Inc. in Milledge-

ville

$

Improvements to City of Millen Ceme-

tery

$

Develop feasibility study and plan for

Jasper County Farmer's Market Park

in Monticello

$

Construct multi-purpose playing field for

Funderburg Park in Monticello

$

Contract for senices with Prevention

Plus Teen Center in Morrow

$

Renovate the former Morven High

School building for office use

$

Upgrade City of Ocilla recreational facil-

ities

$

Purchase land for parking lot for Odum

Community Center

$

Restore Flint River Ferry in the City of

Oglethorpe

$

Renovate and upgrade playground at

Patterson Recreation Department

$

Repair/replace lunchroom roof for the

Pavo Recreation Center

$

Construction/improvements to the City

of Pembroke recreational facilities

$

Maintenance of existing generator and

purchase of a generator

$

Expand Pineview city hall

$

Purchase 'Jaws of Life" for Pooler Fire

Department

$

Contract for services with the George

Ford Center in Powder Springs

$

Pave parking lot for Reidsville Recrea-

tion Department

$

Pave parking lot for Reidsville Airport

Authority

$

Purchase/install culverts and gutters in

the City of Remerton

$

Pave parking lot for Rhine Community

Center

$

8,000 8,000
12,000 8,000
32,000 32,000 13,000 16,000 4,000 12,000 16,000 8,000 12,000 12,000 20,000 40,000 25,000 150,000 12,000 20,000 40,000 4,000

GEORGIA LAWS 2000 SESSION

City of Richland City of Rockmart City of Rossville
City of Sandersville City of Savannah
City of Screven City of Smyrna City of Soperton City of Sparks City of Sparta City of Stapleton City of Stone
Mountain City of Summerville
City of Swainsboro City of Thomasville City of Thomasville
Board of Education City of Thomson City of Thunderbolt City of Thunderbolt

Renovate the old Railroad Depot in City

of Richland

$

Construct multi-purpose facility for the

City of Rockmart

$

Construct handicapped accessible

restrooms for the City of Rossville's

recreation area

$

Revitalize downtown Sandersville city

park and monument

$

Purchase/install air conditioner at Frank

Callen Boys and Girls Club gym in Sa-

vannah

$

Purchase police car for Screven Police

Department

$

Construction and land improvements for

Cobb Veterans' Memorial in Smyrna $

Purchase/install lighting for ball field in

Soperton

$

Purchase materials for Project Turn

Around in City of Sparks

$

Revitalize downtown Sparta business dis-

tricts and sidewalks

$

Repair erosion problems for the City of

Stapleton

$

Install HVAC system in gymnasium for

City of Stone Mountain

$

Develop feasibility study to determine

long range water needs in the City of

Summerville

$

Upgrade facilities at the Swainsboro rec-

reation complex

$

Contract for services with the Genesis

Food Park in the City of Thomasville $

Construct track at Thomasville High

School

$

Purchase multi-purpose vehicle for

Thomson Fire Department

$

Purchase/install lawn sprinkler system

for the Thunderbolt Community Im-

provement Association

$

Restore water well and upgrade water

lines in the City of Thunderbolt

$

1825 24,000 68,000
24,000 11,000
56,000 8,000
50,000 8,000 24,000 8,000 40,000 20,000
28,000 12,000 62,000
12,000 24,000
1,500 52,000

1826

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Thunderbolt
City of Twin City City of Tybee Is-
land City of Vienna
City of Warrenton City of Warrenton City of Wil-
lahoochee City of Williamson City of Woodbury City of Wrightsville City of Yatesville Li-
brary Trustees City of Warner
Robins Clayton County City of Morrow
City of Lake City
Bleckley County City of Hawkinsville City of Savannah Buchanan County

Refurbish museum in Thunderbolt

$

Renovate recreation complex in Twin

City

$

Contract for services with Tybee Island

Marine Science Center for educational

tours for children

$

Contract for services for a day program

for older adults with disabilities at the

Albany ARC through the City of Vi-

enna

$

Renovate the City of Warrenton sports

complex and tennis courts

$

Purchase two emergency generators for

City of Warrenton

$

Purchase playground equipment for Wil-

lahoochee City Parks

$

Upgrade the City of Williamson water

system

$

Improvements to the Woodbury sewer

system

$

Renovate/repair downtown sidewalks in

Wrightsville

$

Construct Yatesville Community Library

$

Contract for services from the Aviation

Museum in Warner Robins

$

Purchase/install playground system in

Clayton County

$

Purchase supplies and equipment for

the Prevention Plus Teen Center in

the City of Morrow

$

Purchase voice analyzer and hire an op-

erator to assist in criminal investiga-

tions in the City of Lake City

$

Bleckley County Cochran Recreation

Commission

$

Contract for services with the Arts Coun-

cil in Hawkinsville

$

Economic development study for Savan-

nah

$

Renovation/repair of Buchanan Historic

County Courthouse

$

16,000 12,000
20,000
33,000 12,000 32,000 4,000 12,000 40,000 8,000 40,000 80,000 30,000
13,000
10,000 25,000 15,000 65,000 450,000

GEORGIA LAWS 2000 SESSION

1827

Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
City of Fargo Effingham County DeKalb County
Southwest Georgia Railroad Authority
City of St. George City of Leslie City of Homerville City of Chaserville
City of Thomson Glascock County Camden County
Waycross Count
Hancock County Hancock County Burke County City of Chadsworth

Contract for services with Springer Op-

era House in Columbus

$

Contract for services with Woodruff Civil

War Museum in Columbus/Muscogee

County

$

Contract for services with Liberty Thea-

ter in Columbus/Muscogee County $

Purchase/install playground equipment

for the City of Fargo

$

Contract for services with the STARR

Program in Effingham County

$

Contract for services with the Student

Learning and Achieving in Math pro-

gram in DeKalb County

$

Purchase equipment for the Southwest

Georgia Railroad Excursion Authority

$

Purchase fire knocker truck for St.

George Volunteer Fire Department

$

Purchase fire knocker truck for Leslie

Volunteer Fire Department

$

Purchase fire knocker truck for

Homerville Volunteer Fire Department $

Purchase fire knocker truck for

Chaserville-Massee Volunteer Fire De-

partment

$

Purchase fire knocker truck for Thorn-

son Volunteer Fire Department

$

Purchase fire knocker truck for Glascock

Volunteer Fire Department

$

Convert 2 military surplus trucks to fire

trucks for Camden County Volunteer

Fire Department

$

Completion of Fire Safety House for

Waycross-Ware County Fire Depart-

ment

$

Purchase ambulance for Hancock

County

$

Purchase fire truck for Hancock County $

Construct/operate a public fishing area

in Burke County

$

Expand/repair the City of Chatsworth

waterI sewer system

$

125,000
100,000 125,000 20,000
10,000
40,000
150,000 60,000 70,000 60,000
60,000 25,000 15,000
30,000
30,000 75,000 50,000 250,000 280,000

1828

GENERAL ACTS AND RESOLUTIONS, VOL. I

City of Concord
Fulton County
DeKalb County
City of Columbus
City of Lithia Springs
Fayette County
Miller County
Laurens County
Cobb County
Greene County
Ocmulgee Regional Library Trustees
Mitchell County Board of Education

Conduct a water supply study in the City

of Concord

$

Contract for services with High Plains

Center in Fulton County

$

Contract for services with Project Im-

pact, Atlanta/DeKalb County

$

Feasibility study and planning for a

trade center in Columbus

$

Construct Student Learning Center in

Lithia Springs

$

Construct a recreation center in Fayette

County

$

Construct an agricultural facility in

Miller County

$

Purchase right-of -way and construct

roads for Laurens County

$

Repair/renovate roof for Cobb Senior

Center

$

Greene County right of way beautifica-

tion project

$

Purchase bookmobile for Ocmulgee Re-

gional Library

$

Operation and storm repairs for Mitch-

ell County Schools

$

25,000 100,000 150,000 265,000 450,000 350,000 65,000 800,000
25,000 25,000 100,000
250,000

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.

GEORGIA LAWS 2000 SESSION

1829

Section 42. 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 43. Provisions Relative to Section 10, State Board of Education Department of Education.

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2, 153.11. 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 44. Provisions Relative to Section 11, Employees' Retirement System.

It is the intent of the General Assembly that the 2% factor for new plan retirement (1982) is funded.
It is the intent of this General Assembly that the employer contribution rate for term life insurance for state employees who are members of the new retirement benefit plan shall not exceed .25%.

Funds are provided in this appropriation act for H.B. 654, H.B. 988, H.B. 1046, H.B. 543, H.B. 764, H.B. 767, H.B. 919, H.B. 859, H.B. 1031, and S.B. 45.

Section 45. Provisions Relative to Section 15, 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:

1830

GENERAL ACTS AND RESOLUTIONS, VOL. I

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$ 235

$ 155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, the Department of Human Resources is authorized to 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 betv.'een 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 $79,939,939, 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; 2.) To end the dependence of needy parents on government benefits by promoting job preparation, work and marriage; 3.) To prevent and reduce the incidence of out-of-wedlock pregnancies; and 4.) To encourage the formation and maintenance of two-parent families.

Section 46. Provisions Relative to Section 22, Merit System of Personnel Administration.

GEORGIA LAWS 2000 SESSION

1831

The Department is authorized to assess no more than $137.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year.

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 2001 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 2001 shall not exceed 13.1 %.

Section 47. 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 48. Provisions Relative to Section 26, Public School Employees' Retirement System.

It is the intent of this General Assembly that the employer contribution rate for members of the Public School Employees' Retirement System shall increase from $10.50 to $12.00.

Section 49. Provisions Relative to Section 29, Department of Revenue.

For purposes of homeowner tax relief grants to counties and local school districts, the elig~ble assessed value of each qualified homestead in the state shall be $4,000 fo'r the taxable year beginning January 1, 2000.

1832

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 2001.

Funds are provided in this appropriation act for H.B. 999 and H.B. 908.

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 appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.

f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.

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GEORGIA lAWS 2000 SESSION

1833

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, 2001, 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

1834

GENERAL ACTS AND RESOLUTIONS, VOL. I

provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.

Section 54.
Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 55.
In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 56.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 57.
In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is 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 appropri-

GEORGIA lAWS 2000 SESSION

1835

ated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

Section 58.

(a.) All e"penditures and appropnatwns 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 2000 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 violaLion of any amendments properly approved by the Director of the Budget.

(b.) ( l.) For purposes of this Section, the term "common object classes" shall includ~ 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 approptiations 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

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Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.

For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 60.

Section 61. Salary Adjustments.
The General Assembly has distributed and included in the agency appropriations listed above State funds for the following purposes: 1.) To provide a general salary adjustment at a 3% funding level, for merit increases of 0% to 6% for individual employees of the Executive Branch, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2000. The proposed salary adjustments are also calculated in conformance with the Georgia Gain pay for performance system. For Executive Branch employees who receive at least meets expectations on their annual performance appraisal, the appropriation for this purpose is also calculated to permit the warranted merit raise, even if the resulting salary will exceed the present maximum annual salary for the pay grade. 2.) To provide a general salary adjustment of 3 % for employees of the Judicial and Legislative branches with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2000, and with proposed salary adjustments contingent on an employee receiving at least "satisfactory" or "meets expectations" on their annual performance appraisal. 3.) To provide for a cost of living adjustment of 3% for each state official excluding members of the General Assembly whose salary is set by Act 755 (H.B. 262) of the 1978 General Assembly, as amended, as authorized in said act, Code Section 45-74, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2000. 4.) To provide for a 3% increase in the state base salary on the local teacher salary schedule of the State Board of Education with the amount of the appropriation for this purpose calculated according to an effective date of September 1, 2000. 5.) To provide for a 3% increase for local school bus drivers and lunchroom workers with the amount of the appropria-

GEORGIA lAWS 2000 SESSION

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tion for this purpose calculated according to an effective date of July 1, 2000. 6.) In lieu of item 1 above, to provide for a 3% salary increase for teachers with the Department of Technical and Adult Education with the amount of the appropriation for this purpose calculated according to an effective date of September 1, 2000. 7.) In lieu of item 1 above, to provide a 3% funding level for merit increases for individual Regents faculty and support personnel with the amount of the appropriation for this purpose calculated to commence with the fall semester for contract academic personnel and calculated to commence October 1, 2000 for all other personnel. 8.) In addition to any raises under item 1 above, to provide a general adjustment for employees of the Executive Branch earning below the GeorgiaGain target hire rate for their respective job classifications, excluding the job classifications specifically addressed in other provisions of this section. The appropriation for these raises is calculated as follows: Increase the annual salaries by one-third of the difference between their current annual salary and the GeorgiaGain target hire rate for the applicable job classification, with an effective date of October 1, 2000.

9.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Board of Pardons and Paroles employees earning below the Georgia Gain established target salary levels in the Parole Officer, Senior Parole Officer, Assistant Chief Parole Officer, Chief Parole Officer and Parole Center Administrator job classifications or award a 3% salary adjustment, whichever is greater, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2000. 10.) In addition to the general salary adjustment in item 1 above, to provide a 3% funding level for supplemental salary adjustments for Board of Pardons and Paroles employees earning at or above the GeorgiaGain established target salary levels in the Parole Officer, Senior Parole Officer, Assistant Chief Parole Officer, Chief Parole Officer and Parole Center Administrator job classifications with the amount of the appropriation for this purpose calculated according to and effective date of October 1, 2000. 11.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Department of Corrections employees earning below the GeorgiaGain target salary level for the Probation Officer I, Probation Officer II, Probation Officer III, Chief Probation Officer, Supervisor Officer and Center Probation Officer job classifications, or award a 3% salary adjustment, whichever is greater with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2000. 12.) In addition to the general salary adjustment in item 1 above, to provide a 3% funding level for supplemental salary adjustments for Department of Corrections employees earning at or above the GeorgiaGain target salary level for the Probation Officer I, Probation Officer II, Probation Officer III, Chief Probation Officer, Supervisor Officer and Center Probation Officer job classifications, with the amount of the appropriation for this purpose calculated accord-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ing to an effective date of October 1, 2000. 13.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Department of Human Resources employees earning below the GeorgiaGain target salary level for the Social Services Case Manager, Social Services Case Manager Associate, Family Independence Case Manager I and Family Independence Case Manager II job classifications with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2000. 14.) In addition to the general salary adjustment in item 1 above, to provide a 3% funding level for supplemental salary adjustments for Department of Human Resources employees earning at or above the GeorgiaGain target salary level for the Social Services Case Manager, Social Services Case Manager Associate, Family Independence Case Manager I and Family Independence Case Manager II job classifications with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2000. 15.) In addition to the general salary adjustment in item 1 above, to provide a 3% funding level for supplemental salary adjustments for Department of Natural Resources Peace Officer Standards Training certified personnel, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2000. 16.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for employees successfully completing the primary accounting series of courses offered through the State Financial Management Certificate Program with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2000.

Section 62. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 2001

$ 14,471,828,880

Section 63.

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

Section 64.

GEORGIA lAWS 2000 SESSION

1839

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

Approved May 1, 2000.

JOHN A. TRASK HIGHWAY- DESIGNATED.
No. 49 (House Resolution No. 436).
A RESOLUTION
Designating that portion of State Highway Route 49 in Macon County, Georgia, from the entrance of the Andersonville National Historic Site to the intersection of Highway 49 and Highway 26 as the 'John A. Trask Highway"; and for other purposes.
WHEREAS, John Alvin Trask was born in Willard, New York, on August 23, 1918. He began his first career within one month of his graduation from New York's Syracuse University, when he was drafted into the United States Army. He later served in the United States Air Force and attained a Master's degree in business administration from George Washington University. During his career in the Air Force, he rose to the rank of colonel and retired therefrom on March 1, 1971, after serving his country in the military for 30 years; and
WHEREAS, during this meritorious service of his country, covering a span of World Word II, the Korean War, and the Vietnam War, John A. Trask had numerous overseas assignments and a tour of duty in the Pentagon. His highest award decorations include the Bronze Star and the Legion of Merit with two oak leaf clusters. During a tour of duty in 1942, at what is now (Warner) Robins Air Force Base, he met and married the former Sara Head of Oglethorpe, Georgia; and
WHEREAS, upon his retirement from the Air Force, he began his second career with the State of Georgia as a parole officer. He became a district director of the Georgia Department of Corrections in 1974, serving in that capacity until June of 1992, when he became a special assistant to the Deputy Commissioner of Corrections. During this time, he received the Lee Broome Award for Excellence in 1989, the GDC Corrections Manager of the Year Award in 1988, and the Commissioner's Award in 1991; and
WHEREAS, he was highly influential and instrumental in working with local and state officials to locate the Macon State Prison to Georgia State Highway Route 49 in Oglethorpe, Georgia, in 1993. His untiring dedication and hard work on this economic development project resulted in providing much needed job opportunities to the rural community area experiencing high unemployment; and

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WHEREAS, he served as Commander of the Veterans of Foreign Wars, Post 6442, Macon County, Georgia, during 1972 and 1973 and served as Quartermaster from 1977 until the present time. He has been a diligent supporter of the Andersonville National Historic Site and the newly opened Prisoner of War/Missing in Action Museum located in Macon County on State Highway Route 49; and
WHEREAS, he was the Macon County Veterans of Foreign Wars Chairman of the "Parade of Flags" community project involving cities, civic groups, state departments and local citizens with the goal to honor military veterans and traditions of patriotism, reverence and love of the United States of America Flag. His total dedication and deep devotion of the "Parade of Flags" resulted in a stark and impressive patriotic reminder to those passing through the corridor of 95 flags, along a nine mile stretch on Georgia State Highway Route 49, on six national holidays, to never forget the sacrifices of America's soldiers and prisoners of war; many who paid the ultimate sacrifice of their lives for America's freedom; and

WHEREAS, John Alvin Trask has devoted his life to "DUTY, HONOR, AND COUNTRY' as a "point of light" in building and improving his nation, his community and his church, which he dearly loves. He maintains a strong Christian faith and gives all glory for his accomplishments to his Lord and Saviour, Jesus Christ.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that that portion of State Highway Route 49 in Macon County, from the entrance of the Andersonville National Historic Site to the intersection of Highway 49 and Highway 26, is designated the "John A. Trask Highway."

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating said highway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to John A. Trask and to the Department of Transportation.
Approved May 1, 2000.

GEORGIA LAWS 2000 SESSION

1841

TOOMBS TAYLOR MORGAN MEMORIAL BRIDGE - DESIGNATED.

No. 50 (House Resolution No. 621).

A RESOLUTION
Designating the Toombs Taylor Morgan Memorial Bridge; and for other purposes.
WHEREAS, Toombs Taylor Morgan is an important figure in the history of Dooley County, Georgia, where he farmed the land, and where his grandchildren and great-grandchildren still farm, and his farm is still in the family; and
WHEREAS, Mr. Morgan worked hard all of his life, and he is remembered as a quiet, gentle man who loved his family and his home; and

WHEREAS, it is fitting and proper that a man who epitomizes all that is good about our heritage should be remembered for all generations to come.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on Georgia Highway 90 in Dooley County over Little Pennahatchee Creek be designated the Toombs Taylor Morgan Memorial Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating such bridge.
BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the family of Toombs Taylor Morgan and to the commissioner of transportation.

Approved May 1, 2000.

PIERCE JACKSON FERGUSON MEMORIAL HIGHWAY- DESIGNATED.
No. 51 (House Resolution No. 754).
A RESOLUTION
Designating a portion of State Highway 43 as the Pierce Jackson Ferguson Memorial Highway; and for other purposes.
WHEREAS, Honorable Pierce Jackson Ferguson will long be remembered by the citizens of Lincoln County for his exemplary public service as an elected official and for his vision and integrity as a community leader; and
WHEREAS, he was born in Lincoln County on March 13, 1935, and graduated from Lincolnton High School in 1953; and

_

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, Mr. Ferguson served for four years as a policeman for the City of Lincolnton and for 16 years as a Special Deputy Sheriff for Lincoln County; and
WHEREAS, he served with the utmost distinction as a member of the Lincolnton City Council for six years and as a member of the Lincoln County Board of Education for eight years; and
WHEREAS, Mr. Ferguson was a past member of the National Guard, a member of the American Legion Post 194, a volunteer firefighter, and was affiliated with the local Jaycees and 4-H clubs; and
WHEREAS, Mr. Ferguson married Doris Emily Chafin on June 12, 1955, and they had three daughters and four grandchildren; and
WHEREAS, Mr. Ferguson and his family have always been very active in the educational, civic, and religious affairs of their community; and
WHEREAS, his very capable, honest, and dedicated public service earned him the highest respect among his professional peers and the citizens he served; and
WHEREAS, he represented the very highest ideals expected of an elected public official and public servant, and his contributions and sterling reputation provide a model for others to follow; and

WHEREAS, Mr. Ferguson died on April 17, 1999, in Lincoln County; and
WHEREAS, it is only fitting and proper that he be honored by this state and in his county.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Highway 43 in Lincoln County from the Lincoln County-McDuffie County border to the intersection of such highway with State Highway 47 in Lincolnton is designated as the Pierce Jackson Ferguson Memorial Highway; and the Department of Transportation is authorized and directed to place and maintain signs so identifYing the highway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of Mr. Pierce Jackson Ferguson and to the Department of Transportation.
Approved May 1, 2000.

r

GEORGIA lAWS 2000 SESSION

1843

TOM TRIPLETT PARKWAY- DESIGNATED.

No. 52 (House Resolution No. 756).

A RESOLUTION

Designating the Tom Triplett Parkway; and for other purposes.

WHEREAS, Honorable Tom Triplett is currently serving with distinction as vice chairman of the State Transportation Board; and

WHEREAS, having first been elected to the board in 1993, he represents the First Congressional District; and

WHEREAS, he served as an outstanding member of the House of Representatives for 18 years, was chairman of the House Committee on Transportation for eight years, and was a knowledgeable and influential member of the Committees on Appropriations and Banks and Banking; and

WHEREAS, he served as mayor and councilman of the City of Port Wentworth and is a former member of the Board of Public Education for the City of Savannah and County of Chatham; and

WHEREAS, he is a native of Boone, North Carolina, and a graduate of Chilhowie High School and Bluefield College; and

WHEREAS, following four years of service to his country as a member of the United States Air Force, he had a long and distinguished career with C&S Bank in Savannah; and

WHEREAS, it is only fitting and proper that Honorable Tom Triplett be recognized for his exemplary record of public service to the citizens of this state.

NOW, THEREFORE, BE IT RESOLVED BY GENERAL ASSEMBLY OF GEORGIA that Georgia Highway 21 from its intersection with the corporate limits of Port Wentworth and Garden City to the boundary between the Counties of Effingham and Chatham is designated the Tom Triplett Parkway.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating such parkway.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Honorable Tom Triplett and the Department of Transportation.

Approved May 1, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

CENTURY OF WOMEN - RECOGNIZED. No. 53 (House Resolution No. 757).

A RESOLUTION

Recognizing the 20th Century as the Century of Women in the United States; and for other purposes.

WHEREAS, at the dawn of the 20th Century, most women in the United States were denied the right to vote; and

WHEREAS, the Women's Suffrage movement, the largest grassroots political movement in the nation's history, involved about two million women and took more than 70 years of petitions, referenda, speeches, state campaigns, national campaigns, demonstrations, arrests, and hunger strikes; and
WHEREAS, women won the right to vote throughout the United States with the ratification of the nineteenth amendment to the Constitution of the United States in 1920, and, by the end of the century, women were voting in larger numbers than men in some national elections; and

WHEREAS, Rebecca Latimer Felton of Georgia was sworn in on November 21, 1922, as the nation's first female Senator, appointed to fill a brief vacancy in recognition of her service to Georgia and the nation's women as a suffragist, prison reformer, advocate for compulsory school laws, co-founder of the Georgia Training School for Girls, and temperance advocate; and
WHEREAS, women made unparalleled strides during the 20th Century in education, religion, military service, politics, professions and jobs, legal rights, sports, and self-reliance; and

WHEREAS, in 1966 the General Assembly enacted legislation creating the Commission on the Status of Women, to be composed of members appointed from among the prominent women citizens of Georgia of recognized ability and achievement, and authorized the commission to conduct studies, research, investigations, and surveys regarding the health and welfare of women, problems of working women, problems of urban and suburban homemakers, and equal status for women; and

WHEREAS, in 1992 the General Assembly enacted legislation creating the Georgia Commission on Women, to be composed of women and men of recognized ability and achievement, and authorized the commission to undertake studies and research including educational needs and opportunities for women; social security and tax laws as they affect women; women's health issues; political, legal, civil, property, and social rights of women; and employment policies in the public and private sectors and their impact on the wage-earning capacity of women; and

GEORGIA LAWS 2000 SESSION

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WHEREAS, increasing numbers of women are pursuing undergraduate and graduate studies, and more than 50 percent of the students at the University of Georgia are women; and
WHEREAS, once denied the right to compete to become astronauts or to enter the national academies for military service, women have served with distinction as members of space shuttle crews and as commander of the space shuttle crew; and
WHEREAS, the United States Women's Soccer Team recently won the World Cup in a stunning victory, and the gap between male and female records in many Olympic events continues to narrow; and
WHEREAS, women's capable services have become invaluable in such roles as state legislators, federal legislators, governors, judges, prosecuting attorneys, cabinet officers, county commissioners, mayors, city council members, and directors of local, state, and federal agencies.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body recognize the 20th Century as the Century of Women in the United States.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to conduct all necessary matters relative to the display in the Capitol of a suitably framed copy of this resolution.
Approved May 1, 2000.

JOHN F. LAWLER MEMORIAL BRIDGE - DESIGNATED.
No. 54 (House Resolution No. 792).
A RESOLUTION
Designating the John F. Lawler Memorial Bridge; and for other purposes.
WHEREAS, on February 19, 1999, the State of Georgia lost one of its finest and most distinguished citizens with the untimely passing of John F. Lawler; and
WHEREAS, this innovative, determined, and enthusiastic young man tragically lost his life as a result of injuries sustained in an automobile accident; and
WHEREAS, his unparalleled organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his acute sensitivity to the needs of the citizens of his community earned him the respect and admiration of his colleagues and associates; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, the untimely passing of this generous, humble, and unselfish youth leaves an unfillable void in the hearts and lives of his family and friends, and his legacy merits proper recognition and remembrance.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge at the overpass of Interstate 575 and State Route 140 in Cherokee County be designated the John F. Lawler Memorial Bridge.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating such bridge.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of John F. Lawler and to the commissioner of transportation.

Approved May 1, 2000.

GRAYS REEF - NEW MANAGEMENT PLAN URGED.
No. 55 (House Resolution No. 816).
A RESOLUTION
Urging the National Oceanic and Atmospheric Administration to adopt a new management plan which keeps Gray's Reef open for public fishing and enjoyment; and for other purposes.
WHEREAS, Gray's Reef, encompassing 58 square kilometers of live-bottom habitat and located 32 kilometers off Sapelo Island, is one of the largest nearshore live-bottom reefs in the southeastern United States and is one of 12 National Marine Sanctuaries; and
WHEREAS, the unique limestone bottom has produced a complex habitat that supports an amazing variety of aquatic life; fossils and mastodon bones indicate that the reef was once a shallow coast and exposed land, and thus, the reef could harbor evidence of prehistorical culture; and
WHEREAS, the residents of the Georgia coast who enjoy fishin~ and diving have at their disposal a wonderful resource in Gray's Reef, and fishermen, divers, scientists, and educators all have their own interests in the area; but, all agree that conservation and management of the marine life is critical; and
WHEREAS, the National Oceanic and Atmospheric Administration created the reefs management plan in 1983, two years after it was established as a marine sanctuary; however, changes in the marine life as well as the burgeoning human population along the coast dictate an update of that plan. The mem-

GEORGIA LAWS 2000 SESSION

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hers of this body feel strongly that a management plan, which continues the public access to the reef and its fishery, is in the best interest of the reef and of the public.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body urge the National Oceanic and Atmospheric Administration to adopt a new management plan which keeps Gray's Reef open for public fishing and enjoyment.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the National Oceanic and Atmospheric Administration.

Approved May 1, 2000.

LARRY MCCLURE HIGHWAY- DESIGNATED.
No. 56 (House Resolution No. 840).
A RESOLUTION
Designating a portion of State Highway 246 as the Larry McClure Highway; and for other purposes.
WHEREAS, Mr. Larry McClure was born and raised in Rabun County, Georgia; and
WHEREAS, he attended Rabun County High School where he excelled in all sports; and
WHEREAS, Mr. McClure served his country honorably as a member of the United States Army during World War II; and
WHEREAS, he returned to his native Georgia and became a successful businessman in Gwinnett County; and
WHEREAS, he then returned to Rabun County in the mid 1960's and developed a local farm into what is now known as Kingwood Country Club; and
WHEREAS, in the late 1960's, Mr. McClure purchased a ranch in the northernmost part of Rabun County and, with all the boldness of a Mississippi riverboat gambler, built Sky Valley, the only ski resort in Georgia; and
WHEREAS, his foresight and commitment to his community brought unparalleled progress to Rabun County and the northeastern part of the state and has greatly enhanced the area's economy; and
WHEREAS, after a period of declining health, Mr. McClure passed away in 1999; and

-

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, it is only fitting and proper that he be honored by this state and in his county.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Highway 246 in Rabun County from its intersection with U.S. Highway 441 eastward to the intersection of such highway with the entranceway of the Sky Valley Resort is designated as the Larry McClure Highway; and the Department of Transportation is authorized and directed to place and maintain signs so identifying this highway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of Mr. Larry McClure and to the Department of Transportation.
Approved May 1, 2000.

ELLEN LOUISE AXSON WILSON- PORTRAIT; PLACEMENT IN THE STATE CAPITOL.
No. 57 (House Resolution No. 847).
A RESOLUTION
Directing the acceptance and placing in the State Capitol of a portrait of Ellen Louise Axson Wilson, the first First Lady from Georgia; and for other purposes.
WHEREAS, Ellen Louise Axson Wilson became First Lady of the United States in 1913, upon the inauguration of her husband, Woodrow Wilson, as President of the United States; and
WHEREAS, she was born in Savannah, Georgia, on May 15, 1860, moved to Rome, Georgia, in 1866, and graduated from Rome Female College in 1876; and
WHEREAS, her father, the Reverend Samuel Edward Axson, was pastor of Rome's First Presbyterian Church when Woodrow Wilson first saw Ellen Louise Axson at church in 1883; and
WHEREAS, she married Woodrow Wilson in Savannah, Georgia, in 1885; and
WHEREAS, she was a professional artist who donated her earnings to numerous causes, including the Berry School; and
WHEREAS, she was the first activist First Lady in championing improved working conditions for women and better housing for the homeless of Washington, D.C., and was a mentor of Eleanor Roosevelt on social issues; and

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WHEREAS, she died in the White House in 1914 and was buried in Rome, Georgia; and
WHEREAS, her accomplishments and status as Georgia's first First Lady are largely unrecognized; and
WHEREAS, the citizens of Rome, Georgia, and Floyd County, Georgia, have agreed to provide a portrait of Ellen Louise Axson Wilson to the State of Georgia for permanent display in the State Capitol.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body recognizes the first First Lady from Georgia, Ellen Louise Axson Wilson, and directs that her portrait be accepted when offered to the state and placed in an appropriate place in the State Capitol unless the Georgia Arts Policy Committee is formed by the General Assembly and votes to decline such gift on or before September 1, 2000, in which case that committee's decision shall control.

Approved May 1, 2000.

VETERANS MEMORIAL HIGHWAY, TRAVIS TRITT HIGHWAY, AND FRED BENTLEY, SR., BRIDGE- DESIGNATED.
No. 58 (House Resolution No. 849).
A RESOLUTION
Designating the Veterans Memorial Highway; and for other purposes.
WHEREAS, veterans of the national military and naval services have a long and distinguished record of accomplishments achieved during periods of war and peace; and
WHEREAS, the exceptional leadership, courage, and commitment demonstrated by the veteran members of the armed forces of the United States have created a proud and noble professional heritage; and
WHEREAS, throughout the history of the United States veterans have demonstrated an extraordinary devotion to duty and love for country, and their dedication, valor, and heroism exemplify the highest standards of personal conduct and career service; and
WHEREAS, it is abundantly fitting and proper that the many veterans of Douglas County who have contributed so much to the welfare of the citizens of their community, state, and nation be appropriately recognized.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that U. S. Highway 78 in Douglas County be designated the Veterans Memorial Highway.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Veterans Memorial Highway.

NOW, THEREFORE, BE IT RESOLVED that Ga. Highway 92, from Hiram Sudie Road to Ridge Road in Paulding County, be designated the Travis Tritt Highway.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the Akers Mill Road Bridge over 1-75 in Cobb County be designated the Fred Bentley, Sr. Bridge.

Approved May 1, 2000.

JOINT LONG-TERM CARE INDUSTRY STUDY COMMITTEE - CREATION.
No. 59 (House Resolution No. 850).
A RESOLUTION
Creating the Joint Long-term Care Industry Study Committee; and for other purposes.
WHEREAS, Georgia has experienced significant problems with recruitmg, training, and retaining long-term care services workers in nursing homes, personal care homes, home health agencies, and other long-term care services; and
WHEREAS, barriers to providing adequate staff to provide quality care for long-term care consumers include issues concerning training and qualifications, salaries, benefits, child care, transportation, recruitment, status, supervision, reimbursement allocations, government budgets, labor market forces, and other concerns; and
WHEREAS, the state should encourage the development and implementation of programs for high school and vocational and technical students to prepare them for careers in the long-term care industry; and
WHEREAS, a number of states are studying ways to improve care for long-term care consumers.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Long-term Care Industry Study Committee to be composed of 15 members. The President of the Senate shall appoint one member of the Senate as cochairperson of the committee. The

GEORGIA lAWS 2000 SESSION

1851

President of the Senate shall also appoint an additional four members, with one representative from each of the following service groups: personal care homes, community care service providers, registered professional nurses, and long-term care ombudsmen. The Speaker of the House of Representatives shall appoint one member of the House as cochairperson of the committee. The Speaker shall also appoint an additional four members as follows: one consumer of long-term care services or a family member of such consumer and one representative from each of the following service groups: nursing homes, home health agencies, and certified nursing assistants. In addition, the State School Superintendent, or the designee thereof, and the commissioners, or their designees, of the following state departments shall serve on the committee: Department of Labor, Department of Human Resources, Department of Community Health, and Department of Technical and Adult Education. The cochairpersons shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The research offices of the Senate and House of Representatives shall provide staff support to the committee. Legislative members shall receive the allowances authorized for legislative members of interim legislative committees. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. 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 in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this resoiution shall come from the funds appropriated to the Senate and House of Representatives. The expenses and allowances authorized by this paragraph shall not be received by any member of the committee for more than five days unless additional days are authorized. An interim report of the committee's progress shall be made on or before December 1, 2000. A final report of the committee's findings and

1852

GENERAL ACTS AND RESOLUTIONS, VOL. I

recommendations, including suggestions for proposed legislation, if any, shall be made on or before December 1, 2000. The committee shall stand abolished on December 1, 2000.

Approved May 1, 2000.

MS. SHIRLEY FREE - COMPENSATION.
No. 60 (House Resolution No. 874).
A RESOLUTION
Compensating Ms. Shirley Free; and for other purposes.
WHEREAS, on January 8, 1995, Ms. Shirley Free, a resident of Sylvania, Georgia, was visiting her son at the Augusta Regional Youth Detention Center in Augusta, Georgia; and
WHEREAS, Ms. Free was given a chair to sit in at the center but, when she sat in the chair, the chair broke causing her to fall and break her left arm; and
WHEREAS, Ms. Free received treatment for her fractured arm at University Hospital Medical Center in Augusta and subsequently at Bulloch Memorial Hospital in Statesboro and from Dr. Gary Loveless of Statesboro; and
WHEREAS, Ms. Free has incurred medical expenses resulting from such accident totaling $1,522.40; and she remains in pain and unable to perform normal household chores; and
WHEREAS, it is only fitting and proper that Ms. Free be compensated $544.48 for her personal injury, unreimbursed medical expenses, and for her pain and suffering; and
WHEREAS, the loss occurred through no fault or negligence on the part of Ms. Free, and it is only fitting and proper that she be compensated for her loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Juvenile Justice is authorized and directed to pay the sum of $544.48 to Ms. Shirley Free as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department of Juvenile Justice and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved May 1, 2000.

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1853

MR. ELMER CLYDE UTILE II - COMPENSATION.
No. 61 (House Resolution No. 875).
A RESOLUTION
Compensating Mr. Elmer Clyde Little II; and for other purposes.
WHEREAS, Mr. Elmer Clyde Little II, a resident of Register, Georgia, is a probation officer with the Probation Division of the Department of Corrections based in the Ogeechee Judicial Circuit; and
WHEREAS, on March 19, 1999, Mr. Little and Chief Probation Officer Herbert Powell were transporting 18 boxes of probation files to Fort James in Rincon, Georgia, where such files were to be destroyed; Mr. Little was operating and using his 1993 Ford 150 truck to transport such boxes; and
WHEREAS, while following a 18-wheeler semi truck on U.S. Highway 80 east of Blitchton, Georgia, the probation officers noticed an object from such ISwheeler pass by Mr. Little's truck; and
WHEREAS, after exiting onto Sandhill Road in Effingham County, the officers noticed a fire in the bed of Mr. Little's truck; and
WHEREAS, the fire caused extensive damage to Mr. Little's truck, and Mr. Little also suffered property damages and losses with respect to guns, clothes, a cell phone, tools, and other equipment which were in his truck; and
WHEREAS, Mr. Little suffered unreimbursed property damage to his vehicle, guns, clothes, cell phone, tools, and other equipment totaling $600.00; and
WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Little, and it is only fitting and proper that he be compensated for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Corrections is authorized and directed to pay the sum of $600.00 to Mr. Elmer Clyde Little II as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved May 1, 2000.



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GENERAL ACTS AND RESOLUTIONS, VOL. I

STATE PROPERTY- CONVEYANCE TO HALL COUNTY

No. 62 (House Resolution No. 878).

A RESOLUTION

Authorizing the conveyance of certain state owned real property located in Hall County, Georgia; to repeal provisions of a certain Act; to repeal conflicting laws; and for other purposes.

WHEREAS, the State of Georgia is the owner of a certain parcel of real property located in Hall County, Georgia; and

WHEREAS, said real property is all that tract or parcel of land lying and being in the City of Gainesville, Hall County, and containing approximately 4.1 acres as shown on a plat of survey prepared by Farley, Collins and Associates, dated July 30, 1965, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and

WHEREAS, said property is under the custody of the Department of Juvenile Justice and is the location of the Hall County Regional Youth Development Center; and

WHEREAS, the Department of Juvenile Justice intends to relocate its activities in Hall County to a new location and once the department has vacated the above-described property, it intends to declare the property surplus to its needs; and

WHEREAS, Hall County has agreed to convey to the state the property for the above-mentioned new location for a consideration of $1.00; and

WHEREAS, Hall County is desirous of acquiring the above-described property to use for public purposes; and
WHEREAS, the Hospital Authority of Hall County and the City of Gainesville, Georgia, conveyed the above-described property to the state on May 19, 1966, for the consideration of $1.00 and the authority has no objection to the abovedescribed state owned property being conveyed to Hall County.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
That the State of Georgia is the owner of the above-described real property and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.

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SECTION 2.

That the above-described real property may be conveyed by appropriate instrument to Hall County by the State of Georgia, acting by and through the State Properties Commission after the Department of Juvenile Justice declares the property surplus to its needs and vacates the site, for the consideration of $10.00 so long as the property is used for public purposes and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 3.

That if Hall County should convey to a private entity the above-described property, as improved, the county shall remit to the state the consideration of the fair market value of the improvements the state made to the property; provided, however, that should Hall County raze said improvements prior to conveyance to a private entity, the county may retain all proceeds derived from the conveyance.
SECTION 4.
That the authorization in this resolution to convey the above-described property to the Hall County Board of Commissioners shall expire three years after the date that this resolution becomes effective.
SECTION 5.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 6.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Hall County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 7.

That Article 11 of an Act authorizing the conveyance of certain state owned real property located in various areas of the state, approved April 28, 1999 (Ga. L. 1999, p. 969), H.R. No. 169, Act No. 15, is repealed in its entirety; provided, however, that only the provisions of Article 11, relating to Hall County, are so repealed.
SECTION 8.

That all laws and parts of laws in conflict with this resolution are repealed.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Approved May 1, 2000.

BRETT C. DICKEY BRIDGE - DESIGNATED.
No. 63 (House Resolution No. 881).
A RESOLUTION
Designating the Brett C. Dickey Bridge; and for other purposes.
WHEREAS, on February 13, 1996, Brett C. Dickey, a dedicated and respected deputy with the Gilmer County Sheriff's Department, gave his life in the performance of his duties; and
WHEREAS, during his three years of service as a deputy sheriff, he exhibited the highest standards of integrity and professionalism and earned the respect and admiration of the law enforcement community and the citizens of Gilmer County; and
WHEREAS, he was a native of McCaysville and was a devoted husband and a loving father; and
WHEREAS, he was an avid outdoors man who enjoyed fishing and the enjoyment of nature; and
WHEREAS, he operated North Georgia Expeditions and, through his business, provided many people with exciting and educational outdoor experiences; and
WHEREAS, he was an active member of his church and community and led a life that serves as an example to others.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge crossing the Toccoa River at mile marker 6.6 on SR 515, the Miller Parkway, is designated the Brett C. Dickey Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the Brett C. Dickey Bridge.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of Brett C. Dickey.
Approved May 1, 2000.

G~E=O~R~G=IA~LA~W~S~2~0~0~SE=S~S~IO~N ~18=5~7

______________

______________

B. EDWARD TANKERSLEY MEMORIAL BRIDGE - DESIGNATED.

No. 64 (House Resolution No. 882).

A RESOLUTION

Designating the B. Edward Tankersley Memorial Bridge; and for other purposes.

WHEREAS, Honorable B. Edward Tankersley will long be remembered by the citizens of Columbia County for his exemplary public service as an elected official and for his vision and integrity as a community leader; and

WHEREAS, B. Edward Tankersley was born in Columbia County on October 18, 1906, and remained a life-long resident of Columbia County; and

WHEREAS, he served for nine years as a Deputy Sheriff and 19 years as Sheriff of Columbia County; and

WHEREAS, Sheriff Tankersley was widely known throughout the state for his effective and efficient law enforcement programs; and he repeatedly and without thought for his own personal safety risked his own life to protect the lives and property of the citizens of Columbia county; and

WHEREAS, Mr. Tankersley married Martha E. Baston on July 18, 1931, and they had three sons and one daughter, seven grandchildren, and ten greatgrandchildren; and

WHEREAS, he and his family have always been very active in the educational, civic, and religious affairs of their community; and

WHEREAS, his very capable, honest, and dedicated public service earned him the highest respect among his professional peers and the citizens he served; and

WHEREAS, Sheriff Tankersley represented the very highest ideals expected of an elected public official and public servant, and his contributions and sterling reputation provide a model for others to follow; and

WHEREAS, Mr. Tankersley died on November 11, 1986, in Columbia County; and it is only fitting and proper that he be honored by this state and in his county.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Little Kiokee Creek on State Highway 104 between Evans and Pollards Corner in Columbia County is designated as the B. Edward Tankersley Memorial Bridge; and the Department of Transportation is authorized and directed to place and maintain appropriate signs designating such bridge.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of Mr. B. Edward Tankersley and to the Department of Transportation.
Approved May 1, 2000.

ROBERT C. JONES MEMORIAL HIGHWAY- DESIGNATED.
No. 65 (House Resolution No. 884).
A RESOLUTION
Designating a portion of State Highway 17 as the "Robert C. Jones Memorial Highway"; and for other purposes.
WHEREAS, Robert C. Jones was a prominent farmer and a county commissioner in Jenkins County, and he later became a valued member of the Georgia General Assembly; and
WHEREAS, Mr. Jones was a veteran of World War I and a native of Jenkins County. His family had farmed in Jenkins County since the days of the pioneers; and
WHEREAS, Robert C. Jones showed strong and respected leadership and a great love for his community in all he did, and his long commitment to farming leaves a wonderful legacy for the people of eastern Georgia; and
WHEREAS, given his many contributions and kind and generous nature, it is only fitting and proper that Robert C. Jones be honored by so naming the portion of State Highway 17 that runs through Jenkins County from the City of Millen to the western county line.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Highway 17 which runs through Jenkins County starting at the western city limits of Millen and traveling west to the Jenkins County line is designated as the "Robert C. Jones Memorial Highway" in honor of the many contributions made by Mr. Jones to that area of our great state.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the highway.

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BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of Robert C. Jones and to the Department of Transportation.

Approved May l, 2000.

PAUL WARWICK, JR., MEMORIAL HIGHWAY- DESIGNATED.
No. 66 (House Resolution No. 897).
A RESOLUTION
Designating a portion of state route 25 in the City of Brunswick as the "Paul Warwick, Jr., Memorial Highway"; and for other purposes.
WHEREAS, the late Mr. Paul Warwick, Jr., was a longtime resident of Brunswick who devoted an enormous amount of his time and energy to productive community service as mayor of that city and as a businessman and civic leader; and
WHEREAS, he served as mayor of Brunswick during the years 1987 through 1990; and
WHEREAS, while serving as mayor, he convened the first meeting of community leaders which began the process of gaining state and federal support and assistance for the much needed replacement of the Sidney Lanier Bridge, which will greatly benefit not only the Brunswick area but the entire state; and
WHEREAS, in addition to his service as an elected public official, he also served terms as chairman of the Brunswick Downtown Development Authority from 1985 through 1986 and again from 1991 through 1997 and as president of the Brunswick-Golden Isles Chamber of Commerce in 1974; and
WHEREAS, it is only fitting and proper that the memory of this gentleman be honored by this state in the community where he lived and served with honor and distinction.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of state route 25 in the City of Brunswick between the northern end of the Sidney Lanier Bridge and the intersection of said route with the western foot of the FJ. Torras Causeway is designated the "Paul Warwick, Jr., Memorial Highway", and that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so identifying the highway.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the family of Mr. Paul Warwick, Jr.
Approved May 1, 2000.

PAUL HEARD HIGHWAY- DESIGNATED.
No. 67 (House Resolution No. 927).
A RESOLUTION
Designating a portion of state route 54 in Fayette County as the "Paul Heard Highway"; and for other purposes.
WHEREAS, the late Mr. Paul Heard of Peachtree City served as a member of the House of Representatives from Fayette County during the years 1983 through 1992; and
WHEREAS, as minority leader in the House of Representatives from 1991 through 1992, this soft-spoken gentleman who preferred substance and accomplishment over rhetoric was well-liked by members "on both sides of the aisle"; and
WHEREAS, he had previously served his community as a city councilman in Peachtree City from 1978 through 1979; and
WHEREAS, his strong Christian faith, honesty, integrity, and courage of convictions guided his conduct throughout his public service and earned the respect of his constituents and colleagues; and
WHEREAS, while firmly dedicated to his serious public duties, he remained warm and sincere and never lost his humility or sense of humor; and
WHEREAS, he was a 1965 graduate of the Georgia Institute of Technology who became a leading businessman by building a small family concern into a $50 million enterprise providing jobs for 250 people, and his conduct and accomplishments in his personal, family, and business dealings set a shining example for others to follow; and
WHEREAS, it is only fitting and proper that the memory of this gentleman be honored by this state in the community where he lived and served with honor and distinction.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of state route 54 in Fayette County between the Clayton County boundary and the corporate limits of Peachtree City is desig-

GEORGIA LAWS 2000 SESSION

1861

nated the "Paul Heard Highway", and that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so identifYing the highway.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the family of Mr. Paul Heard.

Approved May 1, 2000.

MARGUERITE NEEL WILLIAMS MEMORIAL HIGHWAY- DESIGNATED.
No. 68 (House Resolution No. 928).
A RESOLUTION
Honoring the life of Marguerite Neel Williams and designating the Marguerite Neel Williams Memorial Highway; and for other purposes.
WHEREAS, Marguerite Neel Williams was a highly esteemed and beloved resident of the City of Thomasville and a distinguished citizen of the State of Georgia; and
WHEREAS, Mrs. Williams was born October 31, 1917, in Thomasville, Georgia, and attended Thomasville public schools and Duke University; and
WHEREAS, she was married April 3, 1936, to Thomas Lyle Williams, Jr.; and
WHEREAS, Mrs. Williams was an extremely generous benefactor who was widely recognized for her political interests and civic activities on local, state, and national levels; and
WHEREAS, she had special interest in historical preservation, conservation, education, and children; and
WHEREAS, among many organizations to which she gave her time and support, she served as a member of Thomasville Landmarks, Inc.; was the cofounder of the Thomasville Antiques Show, Inc.; was the founder and board chairman of the Thomasville Genealogical History and Fine Arts Library; was a founder of the Thomasville Cultural Center and the Georgia Trust for Historic Preservation; and served on the State Commission for the Preservation of the Capitol and the National Trust for Historic Preservation; and
WHEREAS, in more recent years, she was the driving force in founding the Community Foundation of Southwest Georgia and the Boys' and Girls' Clubs of Thomas County which was named in her honor; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, Mrs. Williams was a great visionary whose foresight and appreciation for beauty resulted in the restoration of such historical landmarks as the Thomasville Cultural Center, the Neel House, and All Saints Episcopal Church; and
WHEREAS, she received an honorary doctorate from Florida State University in 1991, was honored by the Thomasville-Thomas County Chamber of Commerce as "Woman of the Year" in 1976, received the CARE International Humanitarian Award in 1991, and in 1997 was awarded the National Trust for Historic Preservation Crowninshield Award; and
WHEREAS, Mrs. Williams is survived by her loving family: daughter Diane Williams Parker, son Thomas Lyle Williams III, six grandchildren, two stepgrandchildren, and four great-grandchildren.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body honor the life and memory of Marguerite Neel Williams, express their profound appreciation for her many significant and enduring contributions to Thomas County and the State of Georgia, and convey their sincere regret at her passing.
BE IT FURTHER RESOLVED that that portion of U.S. Highway 19S in Thomas County beginning at the county road known as Lower Boston Road and extending southward to the Florida boundary is designated the "Marguerite Neel Williams Memorial Highway."
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating such highway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of Marguerite Neel Williams.
Approved May 1, 2000.

STATE PROPERTY- CONVEYANCE TO GOODWILL INDUSTRIES OF THE COASTAL EMPIRE, INC.; SALE OF LORENZO BENN YOUTH DEVELOPMENT CAMPUS.
No. 69 (House Resolution No. 956).
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; authorizing the conveyance of certain state owned property located in Fulton County, Georgia; to repeal conflicting laws; and for other purposes.

GEORGIA lAWS 2000 SESSION

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WHEREAS:

(1) The State of Georgia is the owner of a certain parcel of real property located in Chatham County, Georgia;

(2) Said real property is all that tract or parcel of land, lying and being in Brennan Ward in the City of Savannah, Chatham County, and containing approximately 12.26 acres as shown on a Conceptual Site Plan dated September 1, 1998, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;

(3) Said improved property is under the custody of the Department of Human Resources and is leased to Goodwill Industries of the Coastal Empire, Inc.;

(4) Goodwill Industries of the Coastal Empire, Inc., is desirous of acquiring the subject property in order to make certain significant capital improvements; and

(5) The Department of Human Resources has no objections to the conveyance of the subject property; and

WHEREAS:

(1) The State of Georgia is the owner of a certain parcel of real property located in Fulton County, Georgia;

(2) Said real property is all that tract or parcel of land lying and being in Land Lots 57 and 58 of the 14th District of Fulton County and containing approximately 115 acres as shown marked in orange on those certain Fulton County tax plats 57-14FF and 58-14FF and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;

(3) Said property is in the custody of the Department of Juvenile Justice and is known as the Lorenzo Benn Youth Development Campus;

(4) The Department of Juvenile Justice is consolidating certain of its activities and functions in order to more efficiently carry out its duties and responsibilities; and

(5) The Department of Juvenile Justice has determined that it is in the best interest of the State of Georgia that the above-mentioned facility be closed and the above-described property declared surplus.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I

SECTION 1.

That the State of Georgia is the owner of the above-described real property located in Chatham County and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 2.

That the above-described real property located in Chatham County may be conveyed by appropriate instrument to Goodwill Industries of the Coastal Empire, Inc., by the State of Georgia, acting by and through the State Properties Commission, for a consideration of the fair market value of the property as unimproved; provided, however, that if Goodwill Industries of the Coastal Empire, Inc., should determine the need to convey the above-described property to another entity within a period of two years from the state's deed of conveyance, Goodwill Industries of the Coastal Empire, Inc., must first offer to convey the above-described property back to the state for a consideration equal to the amount Goodwill Industries of the Coastal Empire, Inc., paid originally for the property from the state and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 3.

That the authorization in this resolution to convey the above-described property to Goodwill Industries of the Coastal Empire, Inc., shall expire three years after the date that this resolution becomes effective.

SECTION 4.
That the State Properties Commission is authorized and empowered to do all
acts and things necessary and proper to effect such conveyance.

SECTION 5.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Chatham County, and a recorded copy shall be forwarded to the State Properties Commission.

ARTICLE II

GEORGIA LAWS 2000 SESSION

1865

SECTION 6.

That the State of Georgia is the owner of the above-described real property located in Fulton County and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 7.

That all or a portion of the above-described real property located in Fulton County may be sold by competitive bid for a consideration of the fair market value of such property as determined to be in the best interest of the State of Georgia by the State Properties Commission; provided, however, that all or a portion of the above-described real property may be sold to a city, county, school board, or other local public entity, which shall include development authorities, for not less than the fair market value, as determined to be in the best interest of the State of Georgia by the State Properties Commission, without the necessity of competitive bid, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 8.

That responsibility for the maintenance, upkeep, and security of the above-described Lorenzo Benn Youth Development Campus shall remain with the Department of Juvenile Justice until the property is either transferred to another state agency or conveyed to a public or private entity.

SECTION 9.

That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 10.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 11.

That the deed of conveyance shall be recorded by the grantee in the Superior Court of Fulton County, and a recorded copy shall be forwarded to the State Properties Commission.

ARTICLE III

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 12.

That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 1, 2000.

MR. ROBERT SANFORD - COMPENSATION.
No. 70 (House Resolution No. 976).
A RESOLUTION
Compensating Mr. Robert Sanford; and for other purposes.
WHEREAS, Mr. Robert Sanford is a resident of Milledgeville, Georgia; and
WHEREAS, on May 28, 1999, three clients of the Central State Hospital in Milledgeville jimmied open a door and temporarily escaped from the C&A unit; and WHEREAS, while they were on leave without consent, two of these clients damaged two vehicles in the Howell Building parking lot, one of which was a 1984 Lincoln Continental belonging to Mr. Sanford; and
WHEREAS, the two escapees used tools they found in the glove compartment of Mr. Sanford's automobile to damage its steering column, and the vehicle subsequently had to be towed away; and
WHEREAS, Mr. Sanford suffered unreimbursed property damage to his vehicle totaling $1,165.67; and
WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Sanford, and it is only fitting and proper that he be compensated for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Human Resources is authorized and directed to pay the sum of $1,165.67 to Mr. Robert Sanford as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved May 1, 2000.

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HOWARD T. OVERBY NATIONAL GUARD ARMORY AND FALCON PARKWAY- DESIGNATED.

No. 71 (House Resolution No. 1008).

A RESOLUTION

Designating the Howard T. Overby National Guard Armory in Gainesville; and for other purposes.

WHEREAS, Honorable Howard Thomas Overby served with the utmost distinction as a member of the Georgia House of Representatives for 10 years and as a member of the Georgia Senate for 16 years and he held various positions of leadership throughout his tenure; and

WHEREAS, he was born in Buford, Georgia, on June 14, 1915, a son of Sallie Mae Thomas and James Floyd Overby, and grew up in Gainesville where he practiced law for over 50 years; and

WHEREAS, his keen legal knowledge, understanding of state and local government, and astute political leadership left an indelible mark in Georgia's legislative history; and

WHEREAS, in recognition of his intellect and ability, he chaired the Senate Judiciary Committee, served on the Senate Appropriations Committee, and was a key member of numerous commissions on matters of state policy; and

WHEREAS, his public service was guided by principles, integrity, and commitment, and this highly respected community leader set a standard of excellence in public service to which others may aspire.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body pays tribute to the late Honorable Howard T. Overby and designates the Gainesville armory as the Howard T. Overby National Guard Armory.

BE IT FURTHER RESOLVED that the Georgia Department of Defense shall affix and maintain an appropriate sign designating the Gainesville armory as the Howard T. Overby National Guard Armory and erect a plaque in honor of his public service.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of the late Honorable Howard Thomas Overby and to the Adjutant General of the Department of Defense.

WHEREAS, the Atlanta Falcons have been in our capital for 34 seasons providing football fans with quality sports entertainment, giving the City of Atlanta and the State of Georgia a positive image, and bringing guests to our region.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of Atlanta Highway in Hall County between Wrigley Bridge and Plainview Road shall be designated as Falcon Parkway.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating Falcon Parkway.

BE IT FURTHER RESOLVED that the Secretary of Senate is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation.

Approved May 1, 2000.

JOINT STUDY COMMITTEE ON HISTORIC LOCAL GOVERNMENT RECORDS - CREATION.
No. 72 (House Resolution No. 1011).
A RESOLUTION
Creating the Joint Study Committee on Historic Local Government Records; and for other purposes.
WHEREAS, Georgia counties have valuable and historic records dating back to 1732 which document life in Georgia, including records of family estates, wills, courts, churches, Confederate soldiers' pensions, real estate transactions, births, deaths, marriages, trade, commerce, and the contributions of the European, African American, and Native American communities; and
WHEREAS, these valuable and historic records are currently stored by counties in various levels of security, ranging from adequate protection from damaging light, temperature, and environmental excesses to being daily subjected to the ravages of time and the elements; and
WHEREAS, some counties, with the aid of microfilm technology, have been able to establish adequate preservation of and access to these valuable and historic documents, while other counties have lacked the resources to do so; and
WHEREAS, these valuable and historic records document the diverse and proud history of the State of Georgia and all of her people; and
WHEREAS, these same valuable and historic records are used by citizens and historians alike to impart and document the proud traditions of this state for future generations; and

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WHEREAS, the Georgia General Assembly recognizes its role and responsibility in assuring that these valuable, historic, and irreplaceable records are properly protected and preserved for their long-term use and accessibility by this and future generations of citizens of this state; and
WHEREAS, there is a need for a thorough legislative study of the present condition of these valuable and historic records to determine how to ensure their preservation and accessibility for future generations and what legislative initiatives would better enable the legislature, state agencies, and local governments to preserve this valuable and unique historical resource.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Historic Local Government Records to be composed of three members from the House of Representatives to be appointed by the Speaker of the House of Representatives, three members from the Senate appointed by the President of the Senate, two nonlegislative members appointed by the Governor from the local government/historical community, and the Secretary of State. The Speaker of the House of Representatives shall designate a member of the House and the President of the Senate shall designate a member of the Senate who shall serve as cochairpersons of the committee. The committee shall meet at the call of the cochairpersons. The Secretary of State, the Legislative Counsel, and the House and Senate Research offices shall assist the work of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the current conditions, needs, issues, and problems related to the preservation and accessibility of historic local records throughout the State of Georgia. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the O.C.G.A., and nonlegislative members of the committee who are not state officials or employees shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the O.C.G.A., but all such members shall receive the allowances for not more than five days unless additional days are authorized. Members of the committee who are state officials or employees, other than legislative members, shall receive no compensation for their service on the committee but may be reimbursed for expenses incurred by them in the performance of their duties as members of the committee. The funds necessary for the reimbursement of the expenses of state officials or employees, other than legislative members, shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the

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House of Representatives and the Senate. The committee shall make a report of its findings, with suggestions for proposed legislation, if any, on or before December 1, 2000, on which date the committee shall stand abolished.
Approved May 1, 2000.

CLAUDE ROSCOE NASH MEMORIAL BRIDGE - DESIGNATED.
No. 73 (House Resolution No. 1016).
A RESOLUTION
Designating the Claude Roscoe Nash Memorial Bridge; and for other purposes.
WHEREAS, Claude Roscoe Nash was born on January 19, 1902, in Dodge County, and he lived and worked on his family farm near Jay Bird Springs in Dodge County for most of his life; and
WHEREAS, Roscoe Nash was an active and well-beloved leader in his community, as he ably served as a member of the boards of trustees of Jay Bird Springs School and Chauncey High School, as a member of the Federal Housing Administration Board, and as chairman of the Dodge County Department of Family and Children's Services; and
WHEREAS, even as Roscoe Nash lent his considerable talents to these significant posts, he maintained a most important personal and caring touch in his activities, supplying loads of turnips for the country store at Chauncey High School's annual Halloween Carnival, sharing delicious fruits and vegetables from his garden, helping many people in Dodge County to find work, and lending a listening ear and helping hand to his many friends; and
WHEREAS, Roscoe Nash was also generous with his sage political advice and talents; and he served as a valuable mentor to many elected officials from Dodge County, including State Representative Terry Coleman, and was an influential supporter and advisor in many state-wide campaigns, including former President Jimmy Carter's 1966 and 1970 bids for Governor; and
WHEREAS, when Roscoe Nash passed away on December 29, 1972, the entire community mourned its loss of an honorable man and a great friend; and
WHEREAS, it is only fitting and proper that this distinguished Georgian and highly regarded citizen of Dodge County be properly remembered.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on Highway 165 over Gum Swamp Creek east of Chauncey in Dodge County is designated the Claude Roscoe Nash Memorial Bridge.

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BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating such bridge.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of Claude Roscoe Nash and the Department of Transportation.

Approved May 1, 2000.

RALPH MORGAN PARKWAY- DESIGNATED.
No. 74 (House Resolution No. 1045).
A RESOLUTION
Designating the Ralph Morgan Parkway; and for other purposes.
WHEREAS, Ralph Morgan was born in Varnell, Georgia, on August 23, 1932, into a family who taught him self-respect, values, education, respect for others, and love for church and community; and
WHEREAS, he was educated in the Whitfield County School System and graduated in the class of 1950 from Varnell High School. He studied engineering for three years in Indiana but financial hardship forced him to discontinue his education; and
WHEREAS, Ralph Morgan volunteered to serve in the United States Air Force in 1952 and was sent to northern Japan where he served for over two years. A veteran of the Korean War, he was honorably discharged in 1956, and later that year he married the former Ysleta Wilson. They have one son, Wm. Ralph Morgan II; and
WHEREAS, Ralph has been a member of the Varnell United Methodist Church for over 40 years, serving on various committees in such capacities as Chairman of the Administrative Board, Church Treasurer, Chairman of Finance, Sunday School Superintendent, Lay Speaker, and Chairman of Board of Trustees. He was Chairman of the Board of Trustees during the building of the New Varnell United Methodist Church and has taught in the church for most of his years of membership, with almost 30 years as teacher of the Senior Adult Class; and
WHEREAS, in 1963, Ralph and other citizens chartered the Varnell Ruritan Club. Ralph was elected to be the charter secretary of the newly formed community club and has almost 36 years of perfect attendance. He was instrumental in building the first lighted ballfield in the unincorporated area in the county along with other club projects too numerous to mention; and

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WHEREAS, Ralph Morgan started his own company in 1966, providing industrial supply products to the carpet industry in the Whitfield County area and across the nation. Mter directing this venture into a thriving success, he retired from the supply business, selling his company in 1986; and
WHEREAS, in 1968, Ralph was instrumental in helping to charter the City of Varnell as a new city. Upon the city receiving its charter, he accepted the appointment of municipal judge where he served for 18 years. Since that time, he has served on the Varnell City Library board, as assistant city clerk, and is presently serving as Historian of the City of Varnell. In 1986, on behalf of his family, he donated an 11,000 square foot building with three acres of land to the City of Varnell for a city hall and community center with auditorium. For a period of over two years, in order for the city to have garbage service, he volunteered to drive the garbage truck each Saturday. He has also secured other donated properties from citizens of the city including a 24,000 square foot building and land which is now the city sanitation and maintenance department. He also secured the gift of the famous Varnell Spring with almost ten acres of prime land for a city park. He also led the fight against the United States Postal Service to save the Varnell Post Office with ZIP Code 30756 from being closed, fighting all the way to the White House in Washington, D.C.; and
WHEREAS, Mr. Morgan has worked with the youth of his community and Whitfield County for the past 35 years in both the boys baseball and girls softball programs while serving for approximately eight years on the National Board of Dixie Youth Baseball as a national director. Also, he started organized youth softball for the girls in the unincorporated area of Whitfield County as United Girls Softball, Inc.; and

WHEREAS, Ralph Morgan still serves his community and county as City Manager and Director of Finance for the City of Varnell. He also serves as Chairman of the Whitfield County Jury Commission. Also, within the last year, he established ''Varnell Crossing," the first shopping center to be built in the City of Varnell; and

WHEREAS, Ralph Morgan continues today to show strong and respected leadership with a warm, deep, and great love for the City of Varnell and the Varnell community.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the section of Georgia State Highway 2 from the west intersection of Georgia State Highway 2 with Georgia State Highway 71 in a westerly direction to a point of intersection of Georgia State Highway 2 with Georgia State Highway 201 in Whitfield County shall be designated as the Ralph Morgan Parkway.

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BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating the Ralph Morgan Parkway.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to Ralph Morgan.

Approved May 1, 2000.

PRATER'S MILL PARKWAY- DESIGNATED.
No. 75 (House Resolution No. 1046).
A RESOLUTION
Designating the Prater's Mill Parkway; and for other purposes.
WHEREAS, as local history records, Prater's Mill was built before the Civil War by Benjamin Franklin Prater in the Varnell Community in 1855, and the mill served the farmers and families of the general area for almost 100 years; and
WHEREAS, as local history records, during the Civil War, Prater's Mill was used as a campsite for both sides of the war. It is only by miracle that the mill building and dam were spared from destruction during this period of history; and
WHEREAS, as local history records, Prater's Mill has survived several floods but sustained heavy damage caused by the high water. As though it wasn't enough that the mill was flooded several times, it was recently set on fire, suffering tens of thousands of dollars in damage; and
WHEREAS, as local history records, Prater's Mill has survived for almost 150 years with its rich and deeply embedded history in the Varnell Community; and
WHEREAS, as local history records, Prater's Mill continues to play an active part in the Varnell Community, and receiving several thousand visitors to the two country fairs each year with arts and crafts for the past 29 years indicates that the mill has a great future; and
WHEREAS, as local history records, the founder and builder of Prater's Mill, Benjamin Franklin Prater, provided great leadership and guidance in the Varnell Community during his lifetime by being involved as a businessman, leader, and concerned citizen for the early settlers of this area.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the section of Georgia State Highway 2 from the east intersection of Georgia State Highway 2 with Georgia State Highway 71 in an easterly direction to a point of intersection of Georgia State Highway 2 with Lake Francis Road in Whitfield County shall be designated as the Prater's Mill Parkway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating the Prater's Mill Parkway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to provide appropriate copies of this resolution to the public and to the press.
Approved May 1, 2000.

MR. ANTHONY S. MCCOPPIN, JR. - COMPENSATION.
No. 76 (House Resolution No. 1050).
A RESOLUTION
Compensating Mr. Anthony S. McCoppin, Jr.; and for other purposes.
WHEREAS, Mr. Anthony S. McCoppin, Jr., a resident of Clinch County, Georgia, was the owner of a 1990 Oldsmobile Cutlass automobile; and
WHEREAS, on September 20, 1999, an inmate of the Homerville State Prison escaped and stole Mr. McCoppin's automobile; and
WHEREAS, on the same date, the inmate wrecked Mr. McCoppin's automobile while fleeing from a law enforcement officer in Newton County, Georgia; and
WHEREAS, Mr. McCoppin's automobile struck a tree during such accident and was damaged beyond repair; and
WHEREAS, clothes and other personal property belonging to Mr. McCoppin were lost or destroyed during the period when the automobile was stolen or involved in the accident. Mr. McCoppin also incurred motor vehicle storage expenses, travel expenses, and other costs in attempting to recover and dispose of his automobile; and
WHEREAS, as a result of the theft and wreckage of his vehicle, Mr. McCoppin has suffered unreimbursed property losses and personal expenses totaling $3,500.00; and
WHEREAS, the incident occurred through no fault or negligence on the part of Mr. McCoppin, and it is only fitting and proper that he be compensated for his losses.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Corrections is authorized and directed to pay the sum of $3,500.00 to Mr. Anthony S. McCoppin, Jr., as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department of Corrections and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.

Approved May 1, 2000.

JOINT STUDY COMMITTEE ON URBAN ROAD BUILDING GUIDELINES -CREATION.
No. 77 (House Resolution No. 1051).
A RESOLUTION
Creating the Joint Study Committee on Urban Road Building Guidelines; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the policy of the State of Georgia is to create and maintain more pedestrian-friendly roadways while maintaining the necessary goals and standards for less developed areas; and
WHEREAS, currently, the Department of Transportation uses "A Policy on Geometric Design of Highways and Streets" as its guidelines for the building of state highways in urban, suburban, and rural areas; and
WHEREAS, the policy guidelines focus primarily on accommodating motor vehicles; and
WHEREAS, the policy guidelines emphasize mobility between and through towns over accessibility within a town; and
WHEREAS, this emphasis on mobility over accessibility has often resulted in the decline of urban commercial areas and in speeds that are inappropriate in areas with high pedestrian traffic; and
WHEREAS, the Federal Highway Administration recommends flexibility in road design; and
WHEREAS, there is now a need to take into account recent developments in pedestrian facilities and designs; and
WHEREAS, pedestrian fatalities in metro Atlanta increased 13 percent from 1994 to 1998 at the same time that they declined nearly 10 percent nationwide; and

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WHEREAS, the Atlanta region is ranked nationally as one of the nation's most dangerous for pedestrians and is therefore focusing more and more on accommodating pedestrians; and
WHEREAS, a thorough study of all the criteria used could produce more flexible urban standards and bring the urban, suburban, and rural areas closer to the ultimate goal of building roads which are in sync with community values.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
There is created the Joint Study Committee on Urban Road Building Guidelines to be composed of 11 members. The President of the Senate shall appoint three members of the Senate, one each from Augusta, Albany, and Macon. The Speaker of the House of Representatives shall appoint three members, one each from Atlanta, Savannah, and Columbus. The committee members shall also include the Chief of Planning for the Georgia Regional Transportation Authority (GRTA); the Chief of Planning for the Department of Transportation (DOT); one member from the Board of Transportation; the chairperson of the House Transportation Committee; the chairperson of the Senate Committee on Transportation.
SECTION 2.
The committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the O.C.G.A. but shall receive the same for not more than five days unless additional days are authorized. The state officials 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. The members of the committee who are not legislative members or state officials or their designees shall receive no compensation for their services on the committee. The funds necessary for the reimbursement of the expenses of the state officials or their designees shall come from funds appropriated or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or otherwise available to the House of Representatives and Senate. In the event the committee

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makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2000. The committee shall stand abolished on December 1, 2000.

SECTION 3.

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

SECTION 4.

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

Approved May 1, 2000.

MR. CALVIN C. JOHNSON, JR. - COMPENSATION.
No. 78 (House Resolution No. 1053).
A RESOLUTION
Compensating Mr. Calvin C. Johnson, Jr.; and for other purposes.
WHEREAS, on the evening of March 9, 1983, a woman in College Park, Georgia, was sexually assaulted in her home by an unknown assailant; and
WHEREAS, in November of 1983, Mr. Calvin C. Johnson, Jr., was tried and convicted of such crime in Clayton County, Georgia; and
WHEREAS, at his trial Mr. Johnson testified that he was elsewhere on the night of the sexual assault of the woman in College Park, Georgia. Four witnesses, including his employer, corroborated Mr. Johnson's testimony. A witness from the State Crime Lab testified that Mr. Johnson was not the source of the pubic hair collected from the victim's bed sheet after the crime; and
WHEREAS, on November 14, 1983, Mr. Johnson was sentenced to life in prison for rape, aggravated sodomy, and burglary; and
WHEREAS, during his imprisonment, Mr. Johnson was considered for parole at least three times. The last two times he was denied parole because he refused to admit that he committed the crimes for which he was sentenced, even though an admission of guilt would have facilitated his release from prison; and
WHEREAS, in July of 1998, DNA testing conducted on behalf of Mr. Johnson at Forensic Science Associates in California conclusively proved that Mr. Johnson's DNA did not match the DNA from the semen obtained from the victim's rape kit; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, on December 1, 1998, the scientific evidence was presented to the district attorney of Clayton County. After further testing by the Georgia State Crime Lab, the state consented to Mr. Johnson's extraordinary motion for new trial on June 15, 1999; and
WHEREAS, the motion was granted by the Superior Court of Clayton County and, immediately thereafter, the state moved to nolle prosse the 1983 indictment; and
WHEREAS, Mr. Johnson was released from custody immediately, after 16 years and three months in prison; and
WHEREAS, Mr. Johnson has suffered loss of liberty and other damages as a result of over 16 years of incarceration and expenses in trying to prove his innocence totaling $500,000.00; and
WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages occurred through no fault or negligence on the part of Mr. Johnson, and it is only fitting and proper that he be compensated for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Corrections is authorized and directed to pay the sum of $500,000.00 to Mr. Calvin C. Johnson, Jr., as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department of Corrections and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved May 1, 2000.

JAMES T. WILLIAMS INTERSECTION- DESIGNATED.
No. 79 (House Resolution No. 1059).
A RESOLUTION
Designating the three-way intersection of State Highway 53, Burnt Mountain Road, and Spring Street in Pickens County as the 'James T. Williams Intersection"; and for other purposes.
WHEREAS, James T. Williams was a widely respected and well-loved member of the community of Jasper, Georgia; and
WHEREAS, throughout his life, James T. Williams pursued three successful careers - as a dedicated member of the United States Marine Corps, as an effective manager for Atlanta Gas Light Company, and as director of special projects for the City of Jasper; and

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WHEREAS, James T. Williams was also a leader in Jasper's civic affairs, serving as a member of the Pickens County Board of Education, a member of the boards of the Pickens Technical Institute and of the Pickens Tech Foundation, as a charter member and founding director of the Pickens County Chamber of Commerce, and as a steward in the local United Methodist Church; and
WHEREAS, James T. Williams was a devoted husband to his wife Christine and a loving father to their two sons, Mark and Brian; and
WHEREAS, James T. Williams was well loved in Jasper by his many friends, who respected and appreciated his devotion to living a life of integrity, honesty, and perseverence.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body honor the memory of James T. Williams and designate the three-way intersection of State Highway 53, Burnt Mountain Road, and Spring Street in Pickens County as the 'James T. Williams Intersection".
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the intersection.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of James T. Williams and the Department of Transportation.

Approved May 1, 2000.

COMMISSION ON PSYCHIATRIC MEDICATION OF SCHOOL-AGE CHILDREN - CREATION.
No. 80 (House Resolution No. 1079).
A RESOLUTION
Creating the Commission on Psychiatric Medication of School-Age Children; and for other purposes.
WHEREAS, national medical reports indicate that psychiatric drugs are prescribed to between 5 million and 6 million children each year who represent about 10 percent of the total school-age population; and
WHEREAS, the International Narcotics Control Board of the World Health Organization has reported that the United States is among the leading users of psychiatric drugs and has warned us against our national trend to overprescribe stimulants for children.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Commission on Psychiatric Medication of School-Age Children. The commission shall be composed of 12 members. Four members of the House of Representatives shall be appointed by the Speaker of the House of Representatives and include a member of the House Committee on Children and Youth and a member of the House Committee on Health and Ecology. Four members of the Senate shall be appointed by the President of the Senate and include a member of the Senate Health and Human Services Committee. Four members shall be appointed by the Governor to represent state governmental services in the areas of health, human resources, children services, and education. The Governor shall appoint the chairperson who shall call all meetings and schedule the agenda of the commission.
BE IT FURTHER RESOLVED that the commission shall undertake a study to investigate the use of psychiatric medications and their effects on school-age children of this state and to provide recommendations for improved oversight of the prescribed use of narcotics among Georgia's youth. The commission may conduct meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the commission shall serve without compensation; provided, however, that legislative members shall receive the allowances authorized for legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and House of Representatives. In the event the commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such reports shall be made on or before December 1, 2000. The commission shall stand abolished on December 1, 2000.
Approved May 1, 2000.

STATE PROPERTY- CONVEYANCES TO EMANUEL COUNTY, FLOYD COUNTY, AND GORDON COUNTY
No. 81 (House Resolution No. 1081).
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Emanuel County, Georgia; authorizing the conveyance of certain state owned property located in Floyd County, Georgia; authorizing the conveyance of certain state owned real property in Gordon County, Georgia; and for other purposes.

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WHEREAS:

(1) The State of Georgia is the owner of a certain parcel of real property located in Emanuel County, Georgia;

(2) Said real property is all that tract or parcel of land lying and being in the 53rd Georgia Militia District of Emanuel County and containing approximately 0.06 of one acre as shown marked in orange on a plat of survey dated February 8, 2000, prepared by L. Steve Bargeron, Georgia Registered Land Surveyor No. 1871, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;

(3) Emanuel County intends to construct an extension of Fairground Road;

(4) Said property is under the custody of the Georgia Department of Juvenile Justice; and

(5) The above-mentioned extension project will require the acquisition by Emanuel County of the above-described state owned property; and

WHEREAS:

(1) The State of Georgia is the owner of a certain parcel of real property located in Emanuel County, Georgia;

(2) Said real property is all that tract or parcel of land lying and being certain road frontage along County Road 297 at George L. Smith State Park and is designated as Parcel 1 on Emanuel County Highway Plan PEPRN 297-1 (107) and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;

(3) Said property is under the custody of the Department of Natural Resources at George L. Smith State Park; and

(4) Emanuel County intends to widen and improve a portion of George L. Smith State Park Road; and

(5) The above-mentioned road improvement project will require the acquisition by Emanuel County of the above-described state owned property; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Floyd County, Georgia;
(2) Said real property is all that tract or parcel of land lying and being in Land Lot 201 of the 23rd District and 3rd Section of Floyd County and containing approximately 0.505 of one acre as shown on a plat of survey dated August 22, 1984, prepared by Eugene M. Beard, Georgia Registered Land Surveyor No. 1316, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) Said improved property is under the custody of the Department of Human Resources and was formerly used as a rehabilitation workshop for the handicapped;
(4) The Department of Human Resources has relocated its activities from the above-described property to a new multipurpose human services building and has declared the above-described property surplus;
(5) The City of Rome, Floyd County, conveyed the above-described property to the State of Georgia on December 12, 1988, for a consideration of $10.00; and
(6) The City of Rome, Floyd County, is desirous of acquiring the abovedescribed property for public purposes; and

WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Gordon County, Georgia;
(2) Said real property is all that tract or parcel of land lying and being in Land Lot 274 of the 14th District, 3rd Section of Gordon County, containing approximately 2.8 acres as described on a plat of survey dated August 12, 1969, prepared by Carl F. Freeman, Georgia Registered Land Surveyor No. 1619, being that portion remaining after 0.827 acres was transferred to the Georgia Bureau of Investigation by Executive Order dated May 28, 1985, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) The subject property is the location of Georgia State Patrol Post 43;

(4) Gordon County is building a new facility for the Georgia State Patrol at a different location and, once completed and occupied, the Georgia State Patrol intends to declare the above-described property surplus;

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(5) Gordon County conveyed the above-described property to the state in May, 1970, for a consideration of $1.00; and
(6) Gordon County is desirous of acquiring the above-described property for public purposes.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I

SECTION 1.

That the State of Georgia is the owner of the above-described real property located in Emanuel County under the custody of the Department ofJuvenile Justice and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2.

That the above-described real property may be conveyed to Emanuel County for a consideration of $1.00, so long as the property is used for public purposes.
SECTION 3.

That the authorization in this resolution to convey the above-described property to Emanuel County shall expire three years after the date that this resolution becomes effective.
SECTION 4.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 5.

That the deed of conveyance shall be recorded by the grantee in the Superior Court of Emanuel County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE II
SECTION 6.

That the State of Georgia is the owner of the above-described real property located in Emanuel County and under the custody of the Department of Natural Resources and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

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SECTION 7.

That all or a portion of the above-described real property may be conveyed to Emanuel County for a consideration of $1.00, so long as the property is used for public purposes and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 8.

That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 9.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 10.

That the deed of conveyance shall be recorded by the grantee in the Superior Court of Emanuel County and a recorded copy shall be forwarded to the State Properties Commission.

ARTICLE III

SECTION 11.

That the State of Georgia is the owner of the above-described real property located in Floyd County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 12.

That the above-described real property may be conveyed by appropriate instrument to the City of Rome, Floyd County, for a consideration of $10.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 13.
That the authorization in this resolution to convey the above-described property to the City of Rome, Floyd County, shall expire three years after the date that this resolution becomes effective.

SECTION 14.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

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SECTION 15.

That the deed of conveyance shall be recorded by the grantee in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE IV

SECTION 16.

That the State of Georgia is the owner of the above-described real property located in Gordon County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 17.

That, upon being declared surplus by the Department of Public Safety, the above-described real property may be conveyed by appropriate instrument to Gordon County, by the State of Georgia, acting by and through the State Properties Commission for the consideration of $10.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 18.

That the authorization in this resolution to convey the above-described property to Gordon County, shall expire five years after the date that this resolution becomes effective.
SECTION 19.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 20.

That the deed of conveyance shall be recorded by the grantee in the Superior Court of Gordon County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE V

SECTION 21.

That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 1, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

STEVEN L. PARKS INTERCHANGE - DESIGNATED. No. 82 (House Resolution No. 1149). A RESOLUTION

Recognizing and expressing appreciation to Steven L. Parks; and for other purposes.
WHEREAS, Steven L. Parks, a 31 year career employee with the Georgia Department of Transportation, has worked in cooperation with the Georgia General Assembly since 1992; and
WHEREAS, he has expeditiously handled all individual requests from the General Assembly with a great degree of professionalism, showing a high degree of persistence to seek out solutions to difficult problems and to ensure that all requests from state legislators were fulfilled accurately and promptly; and
WHEREAS, because of his in-depth knowledge of the Georgia DOT, he was always able to respond with thoroughness to detailed questions of legislators and to keep the State Transportation Board, the Commissioner of Transportation, and the Georgia DOT staff fully informed as well; and
WHEREAS, he worked his way up through the ranks of the Georgia DOT from Construction Inspector in Gainesville to District Maintenance Engineer in Thomaston and later in Cartersville, and due to his continued tireless efforts and strong work ethic, he was promoted to State Equipment Maintenance Administrator, then State Maintenance Engineer, and later Director of Operations; and
WHEREAS, because of his commitment to the Georgia DOT and the State of Georgia, he now serves as Deputy Commissioner of the Georgia DOT; and
WHEREAS, he has always demonstrated the highest level of integrity as a liaison between the Georgia DOT and the General Assembly; and
WHEREAS, given his many contributions to the work of the Georgia General Assembly and the desire of this body to find a concrete expression for its gratitude, it is only fitting and proper that Steven L. Parks be recognized for his ability to demonstrate good judgment and dedicated service in serving the members of the General Assembly and the citizens of our great state.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby salutes Steven L. Parks for his admirable devotion to the Georgia Department of Transportation and the Georgia General Assembly and for the tremendous professional approach he has displayed throughout his career.
BE IT FURTHER RESOLVED that Interstate 85 at State Route 51, Exit 160 in Franklin County, be designated the Steven L. Parks Interchange.

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BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to Steven L. Parks and to the Department of Transportation.

Approved May 1, 2000.

FRED MOODY HIGHWAY- DESIGNATED.
No. 83 (House Resolution No. 1150).
A RESOLUTION
Designating the Fred Moody Highway; and for other purposes.
WHEREAS, Fred Moody, a native son of Jeff Davis County, distinguished himself as a courageous and dedicated American through his service as a member of the merchant marine during World War II; and
WHEREAS, he gave his life in the service of his country when his ship, the S.S. Gulftrade, was torpedoed by the enemy on March 10, 1942; and
WHEREAS, his devotion to his family and friends, his valor in the face of danger, and his commitment to his country made him a person whose memory will long be held dear by those who were fortunate enough to have known him; and
WHEREAS, in recognition of his supreme sacrifice, he was awarded the Mariner's Medal by a grateful nation; and
WHEREAS, Fred Moody serves as an outstanding example of the courage, patriotism, and devotion to duty of all who have served their country in time of war.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that State Highway 107 from its intersection with State Highway 221 to the Jeff Davis-Coffee County line is designated the Fred Moody Highway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating such highway. Immediately beneath the name of the highway such signs shall contain the words "World War II."
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of Fred Moody and to the Department of Transportation.
Approved May 1, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

PAUL BYRD HIGHWAY- DESIGNATED. No. 84 (House Resolution No. 1151). A RESOLUTION
Designating the Paul Byrd Highway; and for other purposes.

WHEREAS, Paul Byrd, a native son of Jeff Davis County, distinguished himself as a courageous and dedicated American through his service as a sergeant in Company I, 23rd Infantry during the Korean Conflict; and

WHEREAS, he was captured by the enemy on November 30, 1950; and
WHEREAS, on April 30, 1951, he lost his life in the service of his country while a prisoner of war; and
WHEREAS, his courage, his devotion to his family and friends, his valor in the face of danger, and his commitment to his country made him a person who will long be remembered by those who were fortunate enough to have known him; and
WHEREAS, his supreme sacrifice on behalf of the freedom-loving people of this nation and the world should be properly recognized; and
WHEREAS, Paul Byrd serves as an outstanding example of the courage, patriotism, and devotion to duty of all who have served their country in time of war.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that State Highway 268 from its intersection with the city limits of the City of Hazlehurst to the Jeff Davis-Coffee County line is designated the Paul Byrd Highway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating such highway. Immediately beneath the name of the highway such signs shall contain the words "Korean Conflict."
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of Paul Byrd and to the Department of Transportation.
Approved May 1, 2000.

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CHARLES FREDERICK WARNELL, SR., HIGHWAY AND THE FLUIS AND FRANCES LAIRSEY INTERSECTION - DESIGNATED.
No. 85 (House Resolution No. 1188).
A RESOLUTION

Designating the Charles Frederick Warnell, Sr., Highway and the Fluis and Frances Lairsey Intersection; and for other purposes.
Part 1
WHEREAS, Honorable Charles Frederick Warnell, Sr., was a lifelong resident of Bryan County who was recognized for the vital role that he played in community leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, he served for two terms as a member of the Senate, representing Bryan, Liberty, and Mcintosh counties, first during the 1955-1956 term and later during the 1961-1962 term, and he was a dedicated member of the Board of Education of Bryan County for 28 years, having served as chairman for 15 of those years, and his countless contributions to education enriched the lives of the young people of Bryan County; and
WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of his community earned him the respect and admiration of his colleagues and associates; and
WHEREAS, sadly, Mr. Warnell passed away on April 19, 1999, joining his wife, Virginia Moody Warnell, in death and leaving behind four children, Charles Frederick Warnell, Jr., Mary Virginia Warnell, Carolyn Warnell Downs, and David Bryan Warnell; and

WHEREAS, it is only proper that the members of this body honor the memory of this outstanding citizen.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of U.S. Highway 280 in Bryan County from the Evans County line to the municipal limits of the City of Pembroke shall be designated as the "Chas. F. Warnell, Sr., Highway."

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the "Chas. F. Warnell, Sr., Highway."

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the family of Honorable Charles Frederick Warnell, Sr.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Part 2

WHEREAS, Fluis and Frances Lairsey were recognized by the citizens of this community for their vital role in community leadership and their deep personal commitment to the welfare of the citizens of Pierce County, Georgia; and

WHEREAS, throughout their life, they diligently and conscientiously devoted immeasurable quantities of their talents toward the betterment of their community; and

WHEREAS, it is only fitting and proper that the state honor and recognize Mr. and Mrs. Lairsey for their contributions to the state and community.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of Dean Still Road and Hacklebarney Road with Georgia Highway 38 in Pierce County shall be designated as the Fluis and Frances Lairsey Intersection.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the "Fluis and Frances Lairsey Intersection."

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the family of Mr. and Mrs. Fluis Lairsey.

Approved May 1, 2000.

J. W. ORR MEMORIAL HIGHWAY- DESIGNATED.
No. 86 (House Resolution No. 1207).
A RESOLUTION
Designating the J. W. Orr Memorial Highway; and for other purposes.
WHEREAS, John William Orr, Jr., the son of Bertha Sauls Orr and John William Orr, Sr., was born on March 4, 1925, at the Hogan family home place on Rockwell Church Road in Barrow County; and
WHEREAS, his parents moved to Winder when he was five and he attended local schools and graduated from Winder High School; and
WHEREAS, during the early days of World War II, he was employed by Southeastern Ship Builders in Savannah, and he was then drafted, received his basic training at Camp Wheeler, and joined the 2nd Division of the U. S. Army; and

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WHEREAS, in 1943, he was sent to Wales for training with the British Commandos and became a member of the Regimental Raiders who landed on Omaha Beach on D-Day; and

WHEREAS, he was seriously wounded 62 days later by a sniper, but his life was spared when the bullet hit a Bible which he was carrying in his breast pocket; and
WHEREAS, in recognition of his courageous service and valor in the face of the enemy, he was awarded the Purple Heart, the American Theater Ribbon, the Good Conduct Medal, the EAME Ribbon with two Bronze Stars, and the World War II Victory Medal; and

WHEREAS, after the war Mr. Orr was employed as a park police officer with the National Park Service in Washington, D. C., as a railway mail clerk with the U. S. Post Office in Atlanta, and as an agent with U. S. Customs in Savannah; and
WHEREAS, in 1960, Mr. Orr and his lovely wife, Jacqueline Arnette Orr, returned to Winder where he was a prominent businessman until his retirement in 1977; and

WHEREAS, he was the father of four outstanding children, Michael Edward Orr, Beverly Ann Orr-Manders, John William Orr III, and Richard Arnett Orr.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, in recognition of the outstanding service of]. W. Orr to the citizens of the United States, the State of Georgia, and Barrow County, the portion of State Highway 53 in Barrow County from its intersection with State Highway 11 north of Winder northward to the Jackson County line is desig-
nated as the J. W. Orr Memorial Highway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the]. W. Orr Memorial Highway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to
the family of J. W. Orr and to the Department of Transportation.

Approved May 1, 2000.

1892

GENERAL ACTS AND RESOLUTIONS, VOL. I

COMMITTEE FOR THE CELEBRATION OF 250 YEARS OF REPRESENTATIVE GOVERNMENT IN GEORGIA - CREATION.

No. 87 (House Resolution No. 1208).

A RESOLUTION

Creating the Committee for the Celebration of 250 Years of Representative Government in Georgia; and for other purposes.

WHEREAS, the Colony of Georgia was established by royal Charter on June 9, 1732, subject to governance by Trustees; and

WHEREAS, a resolution of the Common Council of Trustees, dated March 19, 1750, authorized for the first time in Georgia the holding of an assembly of elected representatives to present grievances and representations to the Trustees and officers of the colony; and
WHEREAS, on December 15, 1750, writs were issued for the holding of elections for the selection of representatives; and

WHEREAS, the first assembly of elected representatives, consisting of sixteen members selected from eleven districts, was convened on January 15, 1751, in Savannah; and
WHEREAS, this assembly marked the birth of elected representative government in Georgia and was the predecessor of the Georgia General Assembly; and
WHEREAS, it is appropriate that this body should take measures to celebrate the upcoming 250th anniversary of the first assembly of elected representatives in Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Committee for the Celebration of 250 Years of Representative Government in Georgia.

BE IT FURTHER RESOLVED that the committee shall consist of nine members, with three each to be appointed by the Governor, the Lieutenant Governor, and the Speaker of the House, and that the Governor shall appoint the chair of the committee and the Lieutenant Governor and the Speaker shall each appoint a vice-chair of the committee.

BE IT FURTHER RESOLVED that the committee shall plan appropriate measures to celebrate the 250th anniversary of the establishment of elected representative government in Georgia and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution.

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The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and House of Representatives. In the event the committee makes a report or reports of its recommendations, with suggestions for proposed legislation, if any, such report or reports shall be made on or before December 15, 2000. The committee shall stand abolished on January 15, 2001.

Approved May 1, 2000.

PRIMUS KING HIGHWAY- DESIGNATED.
No. 88 (House Resolution No. 1211).
A RESOLUTION
Designating a portion of State Route 22 Spur in Columbus as the Primus King Highway; and for other purposes.
WHEREAS, the Reverend Primus E. King, a Baptist pastor from Columbus, Georgia, brought the suit that ended the "whites only" Democratic primary system in Georgia; and
WHEREAS, Reverend King, though a duly qualified and registered voter, was turned away from the polls when he attempted to vote in a Democratic primary held on July 4, 1944; and
WHEREAS, the sole reason given by election officials for denying Reverend King the right to vote was that he was a Negro; and
WHEREAS, Reverend King responded by bringing suit against the Democratic Executive Committee of Muscogee County, charging that Georgia's Democratic primary, limited to white voters, was unconstitutional; and
WHEREAS, the suit was highly controversial, and Reverend King received death threats as well as offers of money to drop the suit; and
WHEREAS, in the face of intense pressure, he persisted with his efforts until successful; and
WHEREAS, in 1945, the federal court for the Middle District of Georgia agreed with Reverend King that Georgia's primary system was unconstitutional, and the next year the decision was affirmed by the Fifth Circuit Court of Appeals in New Orleans in King v. Chapman, 154 F.2d 460 (5th Cir. 1946); and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, it is only fitting and proper that Reverend Primus King be honored by this state.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Route 22 Spur in Columbus from its intersection with I-185 to its intersection with Miller Road is designated the Primus King Highway and that the Department of Transportation is authorized and directed to erect and maintain signs so identifying the highway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of Reverend Primus E. King and to the Department of Transportation.
Approved May 1, 2000.

JAMES E. WILLLIAMS BRIDGE; CORPORAL HOWELL COBB DEES, USMC, BRIDGE; RANKIN SMITH INTERCHANGE; AND CYNTHIA MCKINNEY PARKWAY- DESIGNATED.
No. 89 (House Resolution No. 1231).
A RESOLUTION
Designating portions of the state highway system; designating the James E. Williams Bridge; designating the Corporal Howell Cobb Dees, USMC, Bridge; designating the Rankin Smith Interchange; designating the Cynthia McKinney Parkway; and for other purposes.
Part 1
WHEREAS, James E. Williams, a retired military man, served as mayor of Byron, Georgia, for over 20 years, working full-time hours for part-time pay; and
WHEREAS, former Mayor Williams was instrumental in creating necessary economic and physical growth for his city, attracting major new businesses, and successfully annexing some important surrounding areas to the city; and
WHEREAS, he paved the way for smart growth by extending water and sewer services, providing better lighting along I-75, acquiring an EDA grant, and obtaining several Community Development Block Grants for the beautiful revitalization of several lower income neighborhoods; and
WHEREAS, former Mayor Williams set the standard for a dedicated public servant working to better the lives of all Georgians, and it is fitting and proper that he be honored by the naming of a bridge so future generations will appreciate his many contributions.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on Highway 42 over Norfolk Southern Railroad in Byron, Georgia, be designated the James E. Williams Bridge.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating such bridge.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to James E. Williams and to the Department of Transportation.

Part 2

WHEREAS, on September 14, 1942, on a remote Pacific island known as Guadalcanal, Corporal Howell Cobb Dees, United States Marine Corps, was fatally wounded by enemy fire and made the ultimate sacrifice for his country; and

WHEREAS, he was born in Ambrose, Georgia, on May 15, 1922, the son of John Monroe Dees and Willie Blance Dees and on September 10, 1940, at the age of 18, he answered his nation's call to duty by enlisting in the U.S. Marine Corps in Macon, Georgia, listing his occupation as "student" and he was sent to Parris Island, South Carolina, for training the following day; and

WHEREAS, he was assigned to Company "E", First Marine Raider Battalion, First Marine Division, Reinforced, where he served with distinction through heavy combat until the time of his death, and he was temporarily interred on Guadalcanal and later moved to Arlington National Cemetery; and

WHEREAS, it is only proper that the members of this body honor the memory of this young man who gave his life for his country.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Wiggins Creek on Georgia Highway 32 in Coffee County shall be designated as the "Corporal Howell Cobb Dees, USMC, Bridge."

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the "Corporal Howell Cobb Dees, USMC, Bridge."

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the family of Corporal Howell Cobb Dees and Department of Transportation.

Part 3

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WHEREAS, Rankin Smith was recognized by the citizens of this state for his vital role in community leadership and his deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of his community earned him the respect and admiration of his colleagues and associates; and

WHEREAS, it is only fitting and proper that the state honor and recognize Mr. Smith for his many accomplishments and contributions to our state.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Exit 12 on Interstate Highway 985 in Hall County be designated the "Rankin Smith Interchange."
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the "Rankin Smith Interchange."
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of Mr. Rankin Smith.

Part 4

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Highway 154 in DeKalb County from its intersection with Candler Road in Decatur, Georgia, to its intersection with State Highway 10 in DeKalb County; and that portion of State Highway 10 in DeKalb County from its intersection with State Highway 154 to its intersection with U.S. Highway 78 in DeKalb County (Memorial Drive from Candler Road in Decatur to U.S. Highway 78 in DeKalb County) is designated and shall henceforth be known as the Cynthia McKinney Parkway. The Department of Transportation is authorized and directed to place and maintain signs designating such parkway.
Approved May 1, 2000.

GEORGIA DUI STUDY COMMISSION - CREATION. No. 90 (Senate Resolution No. 134). A RESOLUTION
Creating the Georgia DUI Study Commission; and for other purposes. WHEREAS, reducing and eliminating the crime of driving under the influence is a top concern of the citizens of Georgia; and

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WHEREAS, Georgians are shocked by the severity and frequency of the commission of this crime; and

WHEREAS, restoring a reasonable level of public safety and the removal of drunken drivers from our roads should be accepted as an all-important goal for this generation of Americans.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Georgia DUI Study Commission to be composed of 14 members. Eight members shall be appointed by the Governor as follows: one member shall be a superior court judge, one member shall be a state court judge, one member shall be a judge of a recorder's court, three members shall be district attorneys, one member shall be a sheriff, and one member shall be a city or county chief of police. Three members shall be appointed by the President of the Senate only one of whom may be an attorney. Three members shall be appointed by the Speaker of the House of Representatives only one of whom may be an attorney. The President of the Senate shall designate a member of the commission as cochairperson of the commission. The Speaker of the House of Representatives shall designate a member of the commission as cochairperson of the commission. The cochairpersons shall call all meetings of the commission.

BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the commission deems necessary or appropriate. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the commission shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. Members of the commission who are not legislative members shall receive no compensation for their services on the commission and shall not be reimbursed for expenses incurred by them in the performance of their duties as members of the commission. The funds necessary to carry out the provisions of this resolution with respect to legislative members shall come from the funds appropriated to the legislative branch of government. The commission shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, and such report shall be made to the Governor and the General Assembly on or before December 15, 2000. The commission shall stand abolished on December 15, 2000.

Approved May 1, 2000.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

GOVERNOR'S COUNCIL ON DEVELOPMENTAL DISABILITIES DAYDESIGNATED.

No. 91 (Senate Resolution No. 172).

A RESOLUTION
Declaring March 7, 2000, as the "Governor's Council on Developmental Disabilities Day" at the Capitol and urging members of the General Assembly and state agency personnel to recognize the outstanding efforts and support the Governor's Council on Developmental Disabilities provides to individuals with disabilities, their families, and the greater community at large, to enhance the quality of life for people with developmental disabilities; and for other purposes.
WHEREAS, the Governor's Council on Developmental Disabilities was estalr lished in 1971 in response to federal Developmental Disabilities Services and Facilities Construction Amendments of 1970, (P.L. 91-517); and

WHEREAS, the council is a 23 member board appointed by the Governor working in collaboration with consumers, their families, advocacy organizations, and policymakers to enhance the quality of life for people with developmental disabilities and their families; and

WHEREAS, the council promotes and maintains projects for individuals with developmental disabilities creating opportunities for greater independence, inclusive education, access to vital information, involvement with diverse communities, and public policy resulting in positive actions for people with developmental disabilities and their families; and

WHEREAS, the council values its partnership and collaboration with policymakers state wide in order to create systematic change and a society that values all of its citizens; and
WHEREAS, the council will continue to play a role in supporting efforts into the next millennium and beyond to create a state that encourages every individual to live to his or her capacity; and

WHEREAS, the council seeks to provide opportunities for councilmembers, advocates, and individuals with developmental disabilities to address public policy issues such as the "Unlock the Waiting Lists" campaign, accessible housing, supported employment, and long-term care.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that March 7, 2000, shall be known as the "Governor's Council on Developmental Disabilities Day" at the Capitol in recognition of advocates, individuals with disabilities, and councilmembers and their efforts to support individuals with developmental disabilities and their families to create communi-

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ties where individuals may live to their fullest potential by sponsoring activities that promote the independence, productivity, integration, and inclusion of people with developmental disabilities.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Governor's Council on Developmental Disabilities and the Department of Human Resources.

Approved May 1, 2000.

BERNIE BOURDON MEMORIAL BRIDGE- DESIGNATED.
No. 92 (Senate Resolution No. 388).
A RESOLUTION
Honoring Bernie Bourdon and designating the Bernie Bourdon Memorial Bridge; and for other purposes.
WHEREAS, Bernie Bourdon put his faith to work on behalf of those in need: the poor, the sick, the illiterate, the disabled, and the dying; and
WHEREAS, he began Servants of the Lord - Meals on Wheels with $10.00 and served more than 90,000 meals to people who couldn't leave their homes in Rockdale County and Newton County on Saturdays and holidays for the past 13 years; and
WHEREAS, his exemplary leadership skills and tireless dedication were evident in his daily service as director of Tech Able, adapting toys and computers for physically challenged people; as a mentor for young people who attended Edwards Middle School; as a board member of Rockdale Reads Literacy program; as the treasurer of Healing Hands; as chaplain for Rockdale Hospital and Shepard's Gate Hospice; as an instrumental figure in developing the Wayne Kerr Health Clinic; and as an energetic and active member of St. James Catholic Church, the Knights of Columbus, and the Conyers Kiwanis Club; and
WHEREAS, he spent much of November and December each year as Santa Claus, delighting in sharing the hopes and dreams of the children sitting on his lap, especially the children of the Downs Syndrome Association of Atlanta, whom he knew by name; and
WHEREAS, his generous heart and genuine love for humanity were recognized by many awards, including the Salvation Army Award, the Kiwanis Vision Award, the JC Penney Golden Rule Award, the Kleenex God Bless You Award, 11 Alive Community Service Award, the Governor's Award, and the Jefferson Award from the American Institute for Public Service; and

1900

GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, he will be sorely missed, although he left his community a legacy of love.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body honor the compassion and love of Bernie Bourdon and his distinguished record of public service.
BE IT FURTHER RESOLVED that the bridge now known as the Parker Road Bridge, which crosses 1-20 between the West Avenue exit and the State Highway 138 exit is designated as the "Bernie Bourdon Memorial Bridge."
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the bridge.
Approved May 1, 2000.

JONATHAN JACKSON MCCANTS BRIDGE - DESIGNATED.
No. 93 (Senate Resolution No. 403).
A RESOLUTION
Designating the Jonathan Jackson McCants Bridge; and for other purposes.
WHEREAS, Honorable Jonathan Jackson McCants, a native Georgian, legislator, soldier, and entrepreneur, owned land, a lake, and a mill adjacent to the new bridge currently under construction at McCants Mill Pond on U.S. Highway 19 in Taylor County; and
WHEREAS, he returned to his native Taylor County in 1865 from service in the War Between the States, intent upon rebuilding his young life with pluck, energy, industry, and frugal habits as his only capital; and
WHEREAS, he owned and operated the McCants Grist Mill, along with its cotton gin, saw mill, and lake, in northern Taylor County until his death on March 11, 1920; and
WHEREAS, he created a legacy of generosity, virtue, and public service, was
known for his promotion of education, and is remembered to this day for these qualities; and
WHEREAS, as did his uncle and father before him, Honorable Jonathan Jackson McCants served with distinction in the General Assembly of Georgia, serving in the Senate during 1880 and 1881 and in the House of Representatives from 1881 through 1885 and in 1898 and 1899; and

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WHEREAS, it is entirely fitting and proper that the memory of Honorable Jonathan Jackson McCants be preserved in his native Taylor County and honored by this state.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over the area on U.S. Highway 19 north of Butler, Georgia, in Taylor County, which area is known as the McCants Mill Pond, is designated as the Jonathan Jackson McCants Bridge.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain signs identifying the Jonathan Jackson McCants Bridge.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the three surviving grandchildren of Jonathan Jackson McCants or their families and to the Taylor County Historical-Genealogical Society.

Approved May 1, 2000.

JOINT STUDY COMMITTEE ON THE PREVENTION AND EMERGENCY CARE OF INJURIES IN GEORGIA - CREATION.
No. 95 (Senate Resolution No. 459).
A RESOLUTION
Creating the Joint Study Committee on the Prevention and Emergency Care of Injuries in Georgia; and for other purposes.
WHEREAS, the General Assembly is concerned with protecting the health of the citizens of Georgia; and
WHEREAS, unintentional injuries resulting from motor vehicle collisions, bicycle and pedestrian mishaps, falls, fires, and other causes result in 2,800 deaths every year in Georgia; and
WHEREAS, unintentional injuries are the most common cause of death among children and young adults (ages 1-34) in Georgia; and
WHEREAS, unintentional injury death rates in most Georgia counties are higher than in the United States as a whole; and
WHEREAS, unintentional injuries are a leading cause of hospitalization and permanent disability; and
WHEREAS, the costs of unintentional injuries include not only medical care but costs of rehabilitation and loss of wages; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, unintentional injuries can be prevented via education of the public, implementation of specific injury prevention programs, and implementation of laws and regulations; and

WHEREAS, programs exist which have been proven effective in preventing unintentional injuries; and

WHEREAS, skilled on-site treatment, rapid transport, and the availability of specialized trauma treatment centers can reduce death and permanent disability from all types of injuries; and

WHEREAS, effective public health surveillance programs can guide the type and placement of unintentional injury prevention programs, emergency transport, and trauma treatment centers.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on the Prevention and Emergency Care of Injuries in Georgia to be composed of three members of the Senate to be appointed by the President of the Senate; three members of the House of Representatives to be appointed by the Speaker of the House of Representatives; the Director of the Governor's Office of Highway Safety or such person's designee; the Director of the Division of Public Health of the Department of Human Resources or such person's designee; the President of the Georgia Hospital Association or such person's designee; a representative of the Medical Association of Georgia and Georgia State Medical Association or that person's designee; the Executive Director of Safe Kids of Georgia or such person's designee; the Director of Children's Trust Fund or such person's designee; the Commissioner of the State Department of Community Health; and the Director of the Injury Control Center of the Rollins School of Public Health or such person's designee to be appointed by the Governor with such person's consent. The Governor shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of
the committee.

BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems associated with the prevention of unintentional injuries, emergency transport, and emergency treatment of injured persons. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objec tives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless addi tional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and House of Representatives. In the event the committee makes a report of its

GEORGIA lAWS 2000 SESSION

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findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 15, 2000. The committee shall stand abolished on December 15, 2000.

Approved May 1, 2000.

DEWEY D. VAUGHN MEMORIAL BRIDGE - DESIGNATED.
No. 96 (Senate Resolution No. 472).
A RESOLUTION
Designating the Dewey D. Vaughn Memorial Bridge; and for other purposes.
WHEREAS, Dewey David Vaughn was an esteemed and valued member of the community of Austell, Georgia; and
WHEREAS, he first moved to Austell in the 1920's; and
WHEREAS, in the early 1930's, he moved to what is now 5600 Austell Powder Springs Road, where he remained until his death in 1984; and
WHEREAS, he was a well-respected and popular businessman having successfully operated Vaughn's Barber Shop for over 55 years; and
WHEREAS, he served admirably as a member of the Austell City Council from 1953 to 1955 and was instrumental in helping to establish the Austell Gas System; and
WHEREAS, he loved his community and served it well, and it is abundantly appropriate that he be remembered and honored.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Springs Creek at Highway 278 in Austell, Georgia, be designated as the Dewey D. Vaughn Memorial Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate locations designating such bridge.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the family of Dewey D. Vaughn and the commissioner of transportation.
Approved May 1, 2000.

1904

GENERAL ACTS AND RESOLUTIONS, VOL. I

FEDERAL ASSESSMENTS ON SOUTHEASTERN PEANUT GROWERS CONGRESS URGED TO ADDRESS.
No. 97 (Senate Resolution No. 478).
A RESOLUTION
Urging the Congress of the United States to address potential federal monetary assessments that could be placed on southeastern peanut growers, including Georgia peanut growers, when the 2000 peanut crop is harvested; and for other purposes.
WHEREAS, Georgia produces 40 percent of the peanuts grown in the United States and Georgia's annual peanut production exceeds $500 million in value; and
WHEREAS, Georgia's peanut industry represents $2 billion annually and employs approximately 50,000 people; and
WHEREAS, losses in the federal peanut program for the 1999 crop could produce large assessments on the 2000 peanut crop; and
WHEREAS, these assessments are projected to be approximately $40.00 per ton for southeastern producers; and
WHEREAS, the federal peanut program has historically been a no-cost program to the government; and
WHEREAS, the farm economy is already suffering from low prices.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body urges the Congress of the United States to appropriate such funds as are necessary to offset peanut program losses for the 1999 crop year.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Congress of the United States and to each member of Congress representing the State of Georgia.
Approved May 1, 2000.

JAMES WENDELL GEORGE PARKWAY- DESIGNATED. No. 98 (Senate Resolution No. 483). A RESOLUTION
Designating the James Wendell George Parkway; and for other purposes.

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GEORGIA lAWS 2000 SESSION

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WHEREAS, James Wendell George was an esteemed and beloved resident of the City of Atlanta and the State of Georgia whose personal and professional life personified both service and achievement; and

WHEREAS, he was employed by the Georgia Power Company for 26 years and by his exceptional ability rose to the position of Vice President, Customer Service; and

WHEREAS, he was a graduate of Tuskegee Institute and received a master's degree from Georgia State University; and

WHEREAS, extremely active and productive in community and civic affairs, he served as president-elect and board member of the 100 Black Men of Atlanta and as a board member of the Leadership Executive Committee, the Black Women's Coalition, the Georgia Power Political Action Committee, the Metro Atlanta O.I.C., Inc., and the Atlanta Children's Shelter; and

WHEREAS, in addition, he was a member of the Atlanta Business League, the N.A.A.C.P., the Atlanta Urban League, the Atlanta-Tuskegee Alumni Club, and the Omega Psi Phi Fraternity; and

WHEREAS, he was the loving husband of the former Mary Alice Stevenson and the beloved father of three daughters: Kim, Keisha, and Kai, and a proud grandfather of Kennedi, Kayland, and Kelton.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that James Wendell George is honored and remembered as a leading citizen of this state who made significant and enduring contributions to the welfare of his fellow citizens and who will be missed greatly by all who were fortunate enough to know him.

BE IT FURTHER RESOLVED that that portion of interstate highway in the City of Atlanta, Fulton County, Georgia, where I-85 meets and connects with I75 and proceeding northward to Exit 250 is designated as the 'James Wendell George Parkway."

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate signs at appropriate locations designating said highway as provided in this resolution.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the family of the late James Wendell George and to the commissioner of transportation.

Approved May 1, 2000.

1906

GENERAL ACTS AND RESOLUTIONS, VOL. I

JAMES E. "BILLY'' MCKINNEY HIGHWAY- DESIGNATED.
No. 99 (Senate Resolution No. 484).
A RESOLUTION
Designating the James E. "Billy" McKinney Highway; and for other purposes.
WHEREAS, the Honorable James E. "Billy" McKinney is a native Georgian born in the City of Abbeville in Wilcox County; and
WHEREAS, he was educated in the Atlanta Public Schools and at Clark College, a member institution of the historically black Atlanta University Center; and
WHEREAS, he is a distinguished and decorated veteran of the United States Army; and
WHEREAS, he was instrumental in removing the blight of racial discrimination in Atlanta by integrating the Atlanta Police Department and ensuring the preservation of equality by spearheading the efforts of the Mro-American Police League; and

WHEREAS, he has served the public well for 28 years in his capacity as a member of the Georgia House of Representatives; and
WHEREAS, Mr. McKinney has protected the interests of Georgians through his distinguished legislative service and has steadfastly maintained a commitment to the interests of Georgia's disaffected citizenry; and
WHEREAS, Billy McKinney has distinguished himself as a real estate broker and as a consultant on public affairs; and

WHEREAS, the character and tenor of his years as a public servant have earned Billy McKinney the distinction and honor of a true Georgia statesman.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Honorable James E. "Billy" McKinney is commended for his outstanding achievements in public life.
BE IT FURTHER RESOLVED that the portion of I-285 in Fulton County beginning at Exit lOA/B at I-20 and SR 402 and proceeding northward into Cobb County to Exit 20 at I-75/Cobb Parkway/SR3 shall be designated as the James E. "Billy" McKinney Highway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating the James E. "Billy" McKinney Highway.

GEORGIA LAWS 2000 SESSION

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BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Honorable James E. "Billy" McKinney and to the Department of Transportation.

Approved May 1, 2000.

BLUE RIBBON COMMISSION ON STATE GOVERNMENT DECENTRALIZATION - CREATION.
No. 100 (Senate Resolution No. 490).
A RESOLUTION
Creating the Blue Ribbon Commission on State Government Decentralization; to provide for the membership, powers, duties, and mission of the commission; to provide for related matters; and for other purposes.
WHEREAS, a number of factors make the potential decentralization of state government an important subject for consideration by the General Assembly; and
WHEREAS, the relevant factors include, among others, increasing potential for decentralization due to technological and communications advances; potential cost savings to the state in moving facilities and functions out of high cost areas; potential economic benefits to lesser developed areas of the state through moving facilities and functions to such areas; and potential improved accessibility of facilities and functions to citizens through physical relocation and enhanced electronic access; and
WHEREAS, consideration of decentralization has been a recurring theme in state government in recent years but there still exists no thorough and up-todate overall legislative study of this matter.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that there is created the Blue Ribbon Commission on State Government Decentralization to be composed of 15 members, as follows: three members of the Senate appointed by the President of the Senate; four additional members appointed by the President of the Senate; three members of the House appointed by the Speaker of the House; four additional members appointed by the Speaker of the House; and the executive director of the State Properties Commission. Any vacancy on the commission, including a vacancy caused by a legislative member ceasing to serve in the Senate or House, shall be filled by an appointment by the original appointing authority. The President of the Senate and the Speaker of the House shall each designate one member to serve as the cochairs of the commission. The commission shall meet at the call of the cochairs.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT FURTHER RESOLVED that, in addition to normal legislative staff support services, the commission shall make use of staff support services provided by the Carl Vinson Institute of Government of the University of Georgia.
BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the commission deems necessary or appropriate. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the commission shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The public members of the commission who are not public employees shall receive from legislative funds a daily expense allowance as provided in subsection (b) of Code Section 45-7-21. Any public employee on the commission shall receive no compensation from legislative funds but may be reimbursed for expenses by their employers. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives and Senate. The commission shall report on its progress to the 2001 and the 2002 sessions of the General Assembly, and shall set targets for the number of state positions to be moved out of metropolitan Atlanta. The commission shall stand abolished on July 1, 2001.

Approved May 1, 2000.

GENERAL ASSEMBLY'S COMMISSION ON JUVENILE GANGS CREATION.
No. 101 (Senate Resolution No. 491).
A RESOLUTION
Creating the General Assembly's Commission on Juvenile Gangs; to provide for the membership, powers, duties, and mission of the commission; to provide for related matters; and for other purposes.
WHEREAS, the existence and activities of juvenile gangs appear to present a serious social and public safety problem in Georgia and the United States; and
WHEREAS, despite the apparent seriousness and prevalence of this phenomenon, there is little organized documentary evidence of the scope of the problem; and

GEORGIA lAWS 2000 SESSION

1909

WHEREAS, there is also little research exploring the issue of what state actions have the best history of, or are most likely to succeed in, alleviating problems of juvenile gangs and juvenile violence; and

WHEREAS, the Georgia General Assembly has from time to time addressed this subject through legislation but has never undertaken a comprehensive study of what type or types of legislation would be best suited to deal with this issue in Georgia.

NOW, THEREFORE BE IT RESOLVED BY THE GENERAL ASSEMBLY that there is created the General Assembly's Commission on Juvenile Gangs to be composed of 15 members, as follows: three members of the Senate appointed by the President of the Senate; three public members appointed by the President of the Senate; three members of the House appointed by the Speaker of the House; three public members appointed by the Speaker of the House; and one member designated by and from each of the Georgia Sheriffs' Association, the Georgia Bureau of Investigation, and the Georgia Department of Juvenile Justice. Any vacancy on the commission, including a vacancy caused by a legislative member ceasing to serve in the Senate or House, shall be filled by an appointment by the original appointing authority. The President of the Senate and the Speaker of the House shall each designate one member to serve as the cochairs of the commission. The commission shall meet at the call of the cochairs.
BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the commission deems necessary or appropriate. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the commission shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The public members of the commission who are not public employees shall receive from legislative funds a daily expense allowance as provided in subsection (b) of Code Section 45-7-21. Any public employee on the commission and the representative of the Georgia Sheriffs' Association shall receive no compensation from legislative funds but may be reimbursed for expenses by their employers. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives and Senate. The commission shall stand abolished on December 31, 2000.

Approved May 1, 2000.

1910

GENERAL ACTS AND RESOLUTIONS, VOL. I

STATE PROPERTY- CONVEYANCES TO ROYCE L. LINGOLD, JR.,
GOODWILL INDUSTRIES OF THE COASTAL EMPIRE, INC., CITY OF DOUGLAS, CITY OF CAVE SPRING, CITY OF ATLANTA, HOUSTON COUNTY, AND TOOMBS COUNTY; SALE OF PROPERTY IN BARTOW
COUNTY

No. 102 (Senate Resolution No. 502).

A RESOLUTION

Authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; authorizing the conveyance of certain state owned real property in Coffee County, Georgia; authorizing the conveyance of certain state owned real property located in Floyd County, Georgia; authorizing the conveyance of certain state owned real property located in Fulton County, Georgia; authorizing the conveyance of certain state owned real property located in Houston County, Georgia; authorizing the leasing of certain state owned real property in Mitchell County, Georgia; authorizing the conveyance of certain state owned real property in Toombs County, Georgia; to repeal conflicting laws; and for other purposes.

WHEREAS:

(1) The State of Georgia is the owner of a certain parcel of real property located in Baldwin County, Georgia;

(2) Said real property is all that tract or parcel of land lying and being in the 223rd Land Lot of the 5th District of Baldwin County and containing approximately 1 acre fronting on the southern side of U.S. Highway 441 and being shown as highlighted in yellow on a Baldwin County tax plat Map 42, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;

(3) Said property is under the custody of the Georgia Department of Human Resources;

(4) The above-described property is separated from the department's other land holding at Central State Hospital by U.S. Highway 441; and

(5) The above-described property is not being utilized and the Department of Human Resources; and

GEORGIA lAWS 2000 SESSION

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WHEREAS:

(1) The State of Georgia is the owner of a certain parcel of real property located in Bartow County, Georgia;

(2) Said real property is all that tract or parcel of land lying and being in Land Lot 833 in the City of Emerson, Bartow County and containing approximately 0.20 of one acre as shown marked in yellow on Western and Atlantic Valuation Map V/2,18 and designated as "70+42' 10' R Mail Crane", and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;

(3) Said property is under the custody of the State Properties Commission and is a portion of the Western and Atlantic Railroad right of way; and

(4) The above-described property is currently not leased to CSX Transportation and it has been determined that the property is surplus to the needs of the State of Georgia; and

WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Chatham County, Georgia;

(2) Said real property is all that tract or parcel of land lying and being in Brennan Ward in the City of Savannah, Chatham County and containing approximately 12.26 acres as shown on a Conceptual Site Plan, dated September 1, 1998, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) Said improved property is under the custody of the Department Human Resources and is leased to Goodwill Industries Inc.;

(4) Goodwill Industries Inc. is desirous of acquiring the subject property in order to make certain significant capital improvements; and

(5) The Department of Human Resources has no objections to the conveyance of the subject property; and

WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Coffee County, Georgia;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) Said real property is all that tract or parcel of land lying and being in Land Lot 175 of the 6th Land District of Coffee County within the city limits of the City of Douglas and containing approximately 0.226 of one acre as shown on a plat of survey dated july 20, 1981, prepared by Carlton Evans, Georgia Registered Land Surveyor No. 1747, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) The subject property was the former location of the Georgia Bureau of Investigation Douglas, Coffee County Regional Office;
(4) The City of Douglas, Coffee County conveyed the above-described property to the state on February 28, 1983, for the consideration of $10.00;
(5) The Douglas/Coffee County Industrial Development Authority has constructed a new regional office facility at a different location and the subject property has been vacated; and

(6) The City of Douglas, Coffee County is desirous of acquiring the abovedescribed state owned property for public purposes; and

WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Floyd County, Georgia;
(2) Said real property is all that tract or parcel of land lying and being in Land Lots 932 and 941 of Floyd County, a portion of which is within the city limits of the City of Cave Spring and containing approximately 20 acres as shown on a drawing dated December 7, 1999, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;

(3) The subject property is a portion of the campus of the Georgia School for the Deaf in Floyd County;

(4) The City of Cave Spring is desirous of constructing or providing for the construction of a new long-term care facility for the hearing impaired within the community; and
(5) The City of Cave Spring has determined that the subject property would be an ideal location for the above-mentioned long-term care facility for the hearing impaired and is desirous of acquiring the subject property for that purpose; and

GEORGIA lAWS 2000 SESSION

1913

WHEREAS:

(1) The State of Georgia is the owner of a certain parcel of real property located in Fulton County, Georgia;
(2) Said real property is all that tract or parcel of land lying and being in Land Lots 9 and 24 of the 14th District of Fulton County containing approximately 1.09 acres and shown as Tract 2 on a plat of survey dated October 6, 1998, prepared by Mike T. Hosch, Georgia Registered Land Surveyor No. 2610, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) The subject property is a portion of the Georgia Department of Defense headquarters complex located in the City of Atlanta, Fulton County, Georgia;

(4) The City of Atlanta is being required by state and federal mandates to make certain improvements at its Custer Combined Sewer Overflow facility which adjoins the subject property;

(5) The subject property is required by the City of Atlanta in order to make certain changes to Entrenchment Creek as it relates to the abovementioned facility; and
(6) The Georgia Department of Defense has no objections to the conveyance of the above-described property; and

WHEREAS:

(1) The State of Georgia will be the owner of certain parcels of real property located in Houston County, Georgia;

(2) Said real property is all those tracts or parcels of land lying and being in Land Lots 229, 234, 235, 271, and 276 of the 13th District of Houston County and containing a total of approximately 39.13 acres and described as parcel No. 13, 16, and 17 on Houston County Highway Project no. STP214-1-(1) and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) The Department of Natural Resources intends to acquire a 508 acre parcel of real property in Houston County for expansion of the Georgia National Fairgrounds and Agricenter in Perry;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(4) Houston County is desirous of acquiring the subject property from the state for the construction of the new South Perry By-Pass which will connect the new I-75 interchange with Larry Walker Parkway; and

(5) The Georgia Agricultural and Exposition Authority and the Department of Natural Resources are in favor of the conveyance of the subject property to Houston County for the above-stated purpose; and

WHEREAS:

(1) The State of Georgia is the owner of a certain parcel of real property located in Mitchell County, Georgia;

(2) The building and shed located at the State Farmers Market in the City of Pelham, Mitchell County, known as the most northern shed in said market site, is currently leased to the Pelham Development Corporation by the State Properties Commission pursuant to an Act authorizing the lease of certain property located in the City of Pelham, Mitchell County, approved April 11, 1995 (Ga. L. 1995, p. 510), H.R. No. 335, Act No. 35;

(3) Said real property is all that tract or parcel of land lying and being in Land Lots 267 and 268 of the lOth Land District of Mitchell County and containing a total of approximately 3.40 acres as shown on a drawing prepared by N. R. Singletary, Commissioned Land Surveyor, Thomas County, Georgia, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;

(4) The lease on such property expires on September 20, 2000; and

(5) The Pelham Development Corporation is desirous of continuing the use of the subject property in the future to the benefit of the public; and

WHEREAS:

(1) The State of Georgia is the owner of a certain parcel of real property located in Toombs County, Georgia;

(2) Said real property is all that tract or parcel of land lying and being in the 1,536th Georgia Militia District of Hall County and containing approximately 2.30 acres as shown marked in yellow on Sheets 1 and 2 of Toombs County Right of Way Map Project CR 188 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;

(3) Toombs County is widening a portion of County Road 188 also known as John Wilkes Road in Toombs County;

GEORGIA lAWS 2000 SESSION

1915

(4) The road-widening project will require the above-described state owned property in order to create an 80 foot right of way; and

(5) The Department of Corrections has no objections to the conveyance of the subject property to Toombs County for the above-stated purpose.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
SECTION 1.
That the State of Georgia is the owner of the above-described real property located in Baldwin County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2.
That the above-described real property may be sold and conveyed to Royce L. Lingold, Jr., for a consideration of the fair market value of such property as determined to be in the best interest of the State of Georgia by the State Properties Commission and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 3.

That the authorization in this resolution to convey the above-described property to Royce L. Lingold, Jr., shall expire three years after the date that this resolution becomes effective.
SECTION 4.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 5.

That the deed of conveyance shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.

ARTICLE II

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 6.
That the State of Georgia is the owner of the above-described real property located in Bartow County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 7.
That all or a portion of the above-described real property may be sold by competitive bid for a consideration of the fair market value of such property as determined to be in the best interest of the State of Georgia by the State Properties Commission; provided, however, that all or a portion of the abovedescribed real property may be sold to a city, county, school board, or other local public entity, which shall include development authorities, for not less than the fair market value without the necessity of competitive bid, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State or Georgia.
SECTION 8.
That the authorization in this resolution to convey the above-described property shall expire five years after the date that this resolution becomes effective.
SECTION 9.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 10.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bartow County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE III
SECTION 11.

That the State of Georgia is the owner of the above-described real property located in Chatham County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 12.
That the above-described real property may be conveyed by appropriate instrUment to Goodwill Industries of the Coastal Empire, Inc. by the State of Georgia, acting by and through the State Properties Commission, for a consideration of the fair market value of the property as unimproved; provided, however, that if Goodwill Industries of the Coastal Empire Inc, should deter-

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mine the need to convey the above-described property to another entity within a period of two years from the date of the state's deed of conveyance, Goodwill Industries of the Coastal Empire, Inc. must first offer to convey the abovedescribed property back to the State of Georgia for a consideration equal to the amount Goodwill Industries of the Coastal Empire, Inc. paid originally for the property from the state and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 13.

That the authorization in this resolution to convey the above-described property to Goodwill Industries of the Coastal Empire, Inc. shall expire three years after the date that this resolution becomes effective.

SECTION 14.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 15.

That the deed of conveyance shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.

ARTICLE IV

SECTION 16.

That the State of Georgia is the owner of the above-described real property located in Coffee County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 17.

That the above-described real property may be conveyed by appropriate instrument to the City of Douglas, Coffee County by the State of Georgia, acting by and through the State Properties Commission, for the consideration of $1.00, so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 18.

That the authorization in this resolution to convey the above-described property to the City of Douglas, Coffee County shall expire three years after the date that this resolution becomes effective.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 19.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 20.

That the deed of conveyance shall be recorded by the grantee in the Superior Court of Coffee County and a recorded copy shall be forwarded to the State Properties Commission.

ARTICLE V

SECTION 21.

That the State of Georgia is the owner of the above-described real property located in Floyd County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 22.

That, upon being declared surplus by the Department of Education, the abovedescribed real property may be conveyed by appropriate instrument to the City of Cave Spring, Floyd County by the State of Georgia, acting by and through the State Properties Commission, for the consideration of $1.00, so long as the property is used for public purpose; provided, however, that if the City of Cave Spring, Floyd County should determine the need to convey all or a portion of the above-described property to a private person corporation or private entity, prior to such conveyance, the grantee and terms and conditions of said conveyance must first be approved by the State Properties Commission and all proceeds generated from the conveyance, less direct expenses incurred as a result of the conveyance, shall be remitted to the State Properties Commission and deposited in the treasury of the State of Georgia, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 23.

That the authorization in this resolution to convey the above-described property to the City of Cave Spring, Floyd County shall expire five years after the date that this resolution becomes effective.

SECTION 24.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

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SECTION 25.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE VI
SECTION 26.

That the State of Georgia is the owner of the above-described real property located in Fulton County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 27.

That the above-described real property may be conveyed by appropriate instrument to the City of Atlanta, Fulton County by the State of Georgia, acting by and through the State Properties Commission, for the consideration of $1.00, so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 28.

That the authorization in this resolution to convey the above-described property to the City of Atlanta, Fulton County shall expire five years after the date that this resolution becomes effective.

SECTION 29.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 30.

That the deed of conveyance shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.

ARTICLE VII SECTION 31.

That the State of Georgia is the owner of the above-described real property located in Houston County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 32.

That the above-described real property may be conveyed by appropriate instrument to Houston County by the State of Georgia, acting by and through the State Properties Commission, for the consideration of $1.00, so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 33.

That the authorization in this resolution to convey the above-described property to Houston County shall expire five years after the date that this resolution becomes effective.

SECTION 34.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 35.

That the deed of conveyance shall be recorded by the grantee in the Superior Court of Houston County and a recorded copy shall be forwarded to the State Properties Commission.

ARTICLE VIII

SECTION 36.

That the State of Georgia is the owner of the above-described real property located in Mitchell County and that in all matters relating to the leasing of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 37.

That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described tract of state owned land to the Pelham Development Corporation for a period of five years following the expiration of the lease entered into pursuant to said 1995 resolution, subject to the following conditions:

(1) The consideration for said lease shall be $1,000.00 per month;

(2) The term of such lease shall begin September 21, 2000, and expire September 20, 2005; and

(3) Such other terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

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SECTION 38.

That the authorization in this resolution to lease the above-described property to the Pelham Development Corporation shall expire three years after the date that this resolution becomes effective.
SECTION 39.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
SECTION 40.
That the lease shall be recorded by the grantee in the Superior Court of Mitchell County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE IX

SECTION 41.

That the State of Georgia is the owner of the above-described real property located in Toombs County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 42.

That the above-described real property may be conveyed by appropriate instrument to Toombs County by the State of Georgia, acting by and through the State Properties Commission, for the consideration of $1.00, so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 43.
That the authorization in this resolution to convey the above-described property to Toombs County shall expire five years after the date that this resolution becomes effective.
SECTION 44.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 45.

That the deed of conveyance shall be recorded by the grantee in the Superior Court of Toombs County and a recorded copy shall be forwarded to the State Properties Commission.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ARTICLE X

SECTION 42.

That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 1, 2000.

STATE PROPERTY- CONVEYANCES TO CHATHAM COUNTY AND UNITED STATES FORESTRY SERVICE; LEASE TO CITY OF ATLANTA.
No. 103 (Senate Resolution No. 503).
A RESOLUTION
Authorizing the conveyances of certain state owned parcels of real property located in Chatham County, Georgia; authorizing the extension of a lease of certain state owned real property located in Fulton County, Georgia; authorizing the exchange of certain state owned parcels of real property located in Dawson, Lumpkin, Union and Gilmer counties, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Chatham County, Georgia;
(2) Said real property is all that tract or parcel of land lying and being in the City of Savannah being located in the 4th Georgia Militia District of Chatham County and containing approximately 12.13 acres as shown on a plat of survey prepared by Paul D. Wilder, Georgia Registered Land Surveyor No. 1559, dated October 29, 1996, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) Said property is under the custody of the Department of Defense and is the location of the Air National Guard Armory for Chatham County;
(4) The Department of Defense is consolidating its activities and responsibilities throughout the state and has determined that at some point in the future the subject property may be declared surplus;
(5) The Chatham County Board of Commissioners conveyed the above-described property to the State of Georgia on February 6, 1956, for the consideration of $1.00; and

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(6) The Chatham County Board of Commissioners is desirous of acquiring the above-described state owned property if the property is declared surplus; and

WHEREAS:

(1) The State of Georgia is the owner of a certain parcel of real property located in Chatham County, Georgia;

(2) Said real property is all that tract or parcel of land lying and being in the City of Savannah being located in the 4th Georgia Militia District of Chatham County and containing approximately 27.31 acres as shown on a plat of survey prepared by Paul D. Wilder, dated October 29, 1996, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;

(3) Said property is under the custody of the Department of Defense and is the location of the Army National Guard Armory for Chatham County;

(4) The Department of Defense is consolidating its activities and responsibilities throughout the state and has determined that at some point in the future, when and if adequate replacement facilities are provided for, the subject property may be declared surplus;

(5) The Chatham County Board of Commissioners conveyed the above-described property to the State of Georgia on August 9, 1957, for the consideration of $1.00; and

(6) The Chatham County Board of Commissioners is desirous of acquiring the above-described state owned property if the property is declared surplus; and

WHEREAS:

(1) The State of Georgia is the owner of a certain parcel of real property located in Fulton County, Georgia;

(2) Said real property is all those tracts or parcels of land lying and being in the City of Atlanta being located in Land Lot 77 of the 14th Land District of Fulton County and containing approximately 1.889 acres shown as Tract lA and lB on a plat of survey prepared by Riley, Park, Hayden & Associates, Inc., Engineers & Surveyors, more particularly Larry W. Clark, Georgia Registered Land Surveyor No. 1709, dated December 9, 1987, and on file in the offices of the State Properties Commission, and may be

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more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) Said property is under the custody of the State Properties Commission and consists of air rights lying and being above the Western and Atlantic Railroad right of way;

(4) Pursuant to an Act authorizing the state to enter into a lease agreement with the City of Atlanta pertaining to two described state owned tracts or parcels of property located in Fulton County, approved March 19, 1987 (Ga. L. 1987, p. 276), S.R. No. 45, Act No. 1, the above-described property was leased to the City of Atlanta for inclusion in the "Underground Atlanta" development;

(5) Said lease, being State Properties Commission Real Property Record No. 7663, has a term of 50 years beginning December 31, 1987, and expiring December 30, 2037;

(6) The City of Atlanta has entered into a sublease of the "Underground Atlanta" facility to CV Underground LLC for the operation of the facility, and said sublease has a 50 year term which expires December 31, 2048; and
(7) The City of Atlanta is desirous of extending its lease with the state over the subject property to coincide with the term of its sublease with CV Underground LLC, thereby extending its lease with the state by approximately 11 years; and

WHEREAS:
(1) The State of Georgia is the owner of certain parcels of real property located in Dawson, Lumpkin, Union and Gilmer counties, Georgia;

(2) Said real properties are all that tract or parcel of land lying and being Land Lot 12 of the 5th District in the 1st Section of Dawson County and containing approximately 42.240 acres as shown on a plat of survey prepared by Farley-Collins Associates; all that tract of parcel of land lying and being Land Lot 52 of the 15th District, 1st Section of Lumpkin County containing approximately 40.27 acres as shown on a plat of survey prepared by Herbert Lovell, Georgia Registered Land Surveyor No. 1553; all that tract or parcel of land lying and being in Land Lots 554 and 35 of Union County and containing approximately 4.62 acres as shown highlighted in yellow on a drawing prepared by Know T. Thomas, Civil Engineer, dated January 30, 1927; and all that tract or parcel of land lying and being in Land Lots 27 and 46 of the lOth District, 2nd Section of Gilmer County and containing approximately 154.88 acres as shown on a plat of survey drawn from existing USA deed descriptions and surveys dated June

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12, 1996, all being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;

(3) Said parcels of real property are under the custody of the Department of Natural Resources and are located in Arnicalola Falls State Park, Chestatee Wildlife Management Area, Vogel State Park, and Cohutta Wildlife Management Area, respectively;

(4) The Department of Natural Resources has negotiated with the United States Forestry Service for the exchange of the above-described state owned parcels of real property for certain other parcels of real property of the United States Forestry Service located in Murray, Union, and White counties; and

(5) The exchange of the above-mentioned parcels of real property would be beneficial to the State of Georgia and the United States Forestry Service.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I

SECTION 1.

That the State of Georgia is the owner of the 12.13 acres of described real property located in Chatham County as first described in this resolution and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 2.

That all or a portion of the above-described real property may be conveyed by appropriate instrument to Chatham County by the State of Georgia, acting by and through the State Properties Commission after the Department of Defense declares all or a portion of the property surplus to its needs, for the consideration of the fair market value of the improvements placed on the property by the Department of Defense or the State of Georgia, as determined by the State Properties Commission to be in the best interest of the State of Georgia, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 3.

That the authorization in this resolution to convey the above-described property to Chatham County shall expire five years after the date that this resolution becomes effective.

SECTION 4.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 5.

That the deed of conveyance shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 6.

That Article V of an Act authorizing the conveyance of certain state owned real property located in various areas of the state, approved April 28, 1999 (Ga. L. 1999, p. 969), H.R. No. 169, Act No. 15, is repealed in its entirety; provided, however, that only the provisions of Article V, relating to Chatham County, are repealed.

SECTION 7.

That notwithstanding Code Sections 45-12-92 and 50-16-44 or any other provision of law, the Department of Defense is authorized to retain any proceeds derived from the sale of the property authorized in Section 2 of this article and apply it to the acquisition, construction, and equipping of facilities deemed necessary by the Department of Defense.
ARTICLE II

SECTION 8.

That the State of Georgia is the owner of the 27.31 acres of described real property located in Chatham County and described subsequent to the property authorized to be conveyed in Article I of this resolution and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 9.
That all or a portion of the above-described real property may be conveyed by appropriate instrument to Chatham County by the State of Georgia, acting by and through the State Properties Commission after the Departmeni of Defense declares all or a portion of the property surplus to its needs, for the consideration of the fair market value of the improvements placed on the property by the Department of Defense or the State of Georgia, less the value of any im-

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provements provided for or placed upon the property by Chatham County, as determined by the State Properties Commission to be in the best interest of the State of Georgia, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 10.

That the Department of Defense may declare the above-described property surplus after funding is provided for and construction is completed of adequate replacement facilities as determined by the Department of Defense.

SECTION 11.

That the authorization in this resolution to convey the above-described property to Chatham County shall expire five years after the date that this resolution becomes effective.

SECTION 12.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 13.

That the deed of conveyance shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 14.

That notwithstanding Code Sections 45-12-92 and 50-1644 or any other provision of law, the Department of Defense is authorized to retain any proceeds derived from the sale of the property authorized in Section 8 of this article and apply it to the acquisition, construction, and equipping of facilities deemed necessary by the Department of Defense.

ARTICLE III

SECTION 15.

That the State of Georgia is the owner of the above-described real property located in Fulton County and that, in all matters relating to the extension of the lease of the real property, the State of Georgia is acting by and through its State Properties Commission.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 16.

That the lease of the above-described real property may be extended by appropriate instrument to the City of Atlanta, Fulton County, acting by and through the State Properties Commission, to provide that the term of the lease expires December 31, 2048, for the consideration of the fair market value of the extension or for the exchange of certain other property or properties owned by the City of Atlanta of value equal to said extension, and such other terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 17.

That the authorization in this resolution to extend the lease of the above-described property to the City of Atlanta, Fulton County, shall expire three years after the date that this resolution becomes effective.

SECTION 18.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such extension.

SECTION 19.

That the instrument of lease extension shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.

ARTICLE IV

SECTION 20.

That the State of Georgia is the owner of the above-described real properties located in Dawson, Lumpkin, Union, and Gilmer counties and that, in all matters relating to the exchange of the real properties, the State of Georgia is acting by and through its State Properties Commission.

SECTION 21.

That the above-described state owned parcels of real property may be conveyed to the United States Forestry Service in exchange for certain parcels of real property owned by the United States Forestry Service located in Murray, Union, and White counties; and said exchange will be for parcels of real property of equal value and such other terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 22.

That the authorization in this resolution to exchange the above-described properties with the United States Forestry Service shall expire five years after the date that this resolution becomes effective.

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SECTION 23.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such exchange.

SECTION 24.

That the respective deeds of conveyance shall be recorded by the grantee in the superior courts of Dawson, Lumpkin, Union and Gilmer counties and a recorded copy shall be forwarded to the State Properties Commission.

ARTICLE V

SECTION 25.

That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 1, 2000.

STATE PROPERTY- EASEMENTS TO ACCUCOMM NETWORKS, INC., GEORGIA POWER COMPANY, SAVANNAH ELECTRIC AND POWER
COMPANY, CRISP COUNTY, DOUGLAS COUNTY, LARRY SMITH, BOBBIE B. SMITH, SHELLBURN W. BROWN, CITY OF PERRY, HOUSTON
COUNTY, AUGUSTA/RICHMOND COUNTY, JEFFERSON ELECTRIC COMPANY, ATLANTA GAS LIGHT COMPANY, AND CITY OF WAYCROSS.
No. 104 (Senate Resolution No. 504).
A RESOLUTION
Authorizing the granting of nonexclusive easements for operation and maintenance of utilities, together with the rights of ingress and egress, and drainage, in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Barrow, Chatham, Crisp, Douglas, Harris, Houston, Richmond, and Ware counties, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Baldwin, Barrow, Chatham, Crisp, Douglas, Fulton, Harris, Houston, Richmond, and Ware counties, Georgia; and
WHEREAS, Accucomm Networks Inc., Georgia Power Company, Savannah Electric and Power Company, Crisp County, Douglas County, Larry Smith, Bobbie B. Smith, Shellburn W. Brown, the City of Perry, Houston County, Augusta/Richmond County, Jefferson Electric Company, Atlanta Gas Light Company, and the City of Waycross desire to operate and maintain utilities, together with the rights of ingress and egress, and drainage, in, on, over, under, upon, across, or through a portion of said property; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, these utilities, together with the rights of ingress and egress, and drainage, in, on, over, under, upon, across, or through the herein described state property have been requested and approved by the Department of Human Resources, Department of Natural Resources, Department of Technical and Adult Education, Georgia Agricultural and Exposition Authority, and the Georgia Forestry Commission, with respect to property under the jurisdiction of their respective departments.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
SECTION 1.
That the State of Georgia is the owner of the hereinafter described real property located in Baldwin County, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. The property is in the custody of the Department of Human Resources.

SECTION 2.
That the State of Georgia, acting by and through its State Properties Commission, may grant to Accucomm Networks Inc., or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of communications lines in, on, over, under, upon, across, or through the easement area for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating communications lines, together with the rights of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located along State Highway 112 in the 1714th Georgia Militia District of Baldwin County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown in yellow on a drawing prepared by Accucomm Networks Inc. and attached as exhibit "Al ", "A2" and "A3" of that certain Revocable License Agreement listed as Real Property Record #9245 and on file in the offices of the State Properties Commission
and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Com mission for approval.
SECTION 3.
That the above-described premises shall be used solely for the purposes of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said communications lines.

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SECTION 4.

That Accucomm Networks Inc., shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said communications lines.

SECTION 5.

That, after Accucomm Networks Inc., has put into use the communications lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Accucomm Networks Inc., or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.

SECTION 6.

That no title shall be conveyed to Accucomm Networks Inc., and, except as herein specifically granted to Accucomm Networks Inc., all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Accucomm Networks Inc.

SECTION 7.

That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Accucomm Networks Inc., shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost or expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost or expense to the State of Georgia.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 8.

That the easement granted to Accucomm Networks Inc., shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 9.

That the consideration for such easement shall be the fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 10.

That this grant of easement shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 11.

That the authorization in this resolution to grant the above-described easement to Accucomm Networks Inc., shall expire three years after the date that this resolution becomes effective.

SECTION 12.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE II

SECTION 13.

That the State of Georgia is the owner of the hereinafter described real property in Barrow County, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. The property is in the custody of the Department of Natural Resources.

SECTION 14.

That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical distribution lines in, on, over, under, upon, across, or through the easement area for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating electrical distribution lines,

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together with the rights of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located along Georgia Highway #11 within the bounds of Ft. Vargo State Park in Barrow County, Georgia, and is more particularly described as follows:

That portion and that portion only as shown marked in yellow on two drawing prepared by Georgia Power Company and attached as exhibit "A" of that certain Revocable License Agreement being Real Property #9268, and on file in the offices of the State Properties Commission

and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 15.

That the above-described premises shall be used solely for the purposes of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution lines.

SECTION 16.

That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical distribution lines.

SECTION 17.

That, after Georgia Power Company has put into use the electrical distribution lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.

SECTION 18.

That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 19.

That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall, in its discretion, determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost or expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost or expense to the State of Georgia.
SECTION 20.

That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 21.

That the consideration for such easement shall be for the fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 22.
That this grant of easement shall be recorded by the grantee in the Superior Court of Barrow County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 23.
That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

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1935

SECTION 24.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE III
SECTION 25.
That the State of Georgia is the owner of the hereinafter described real property in Chatham County, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. The property is in the custody of the Department of Human Resources.
SECTION 26.
That the State of Georgia, acting by and through its State Properties Commission, may grant to Savannah Electric and Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a transformer substation and power poles in, on, over, under, upon, across, or through the easement area for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a transformer substation and power poles, together with the rights of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at the Savannah Regional Hospital in Chatham County, Georgia, and is more particularly described as follows:

That portion and that portion only as shown in yellow on a plat of survey entitled "Easement Survey Georgia Regional Hospital at Savannah" prepared by Paul Howard Lester, Georgia Registered Land Surveyor No. 1914, dated November 9, 1999, and on file in the offices of the State Properties Commission

and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 27.

That the above-described premises shall be used solely for the purposes of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said transformer substation and power poles.

1936

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 28.

That Savannah Electric and Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said transformer substation and power poles.

SECTION 29.

That, after Savannah Electric and Power Company has put into use the transformer substation and power poles for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Savannah Electric and Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.

SECTION 30.

That no title shall be conveyed to Savannah Electric and Power Company, and, except as herein specifically granted to Savannah Electric and Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Savannah Electric and Power Company.

SECTION 31.

That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall, in its discretion, determine to be in the best interests of the State of Georgia, and Savannah Electric and Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost or expense, not to exceed by 20 percent the amount of a written estimate provided by Savannah Electric and Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an

GEORGIA LAWS 2000 SESSION

1937

alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost or expense to the State of Georgia.
SECTION 32.

That the easement granted to Savannah Electric and Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 33.
That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 34.

That this grant of easement shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 35.

That the authorization in this resolution to grant the above-described easement to Savannah Electric and Power Company shall expire three years after the date that this resolution becomes effective.
SECTION 36.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE IV SECTION 37.

That the State of Georgia is the owner of the hereinafter described real property in Crisp County, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. The property is in the custody of the Department of Natural Resources.

1938

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 38.

That the State of Georgia, acting by and through its State Properties Commission, may grant to Crisp County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a water line in, on, over, under, upon, across, or through the easement area for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a water line, together with the rights of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located within the bounds of Georgia Veterans Memorial State Park in Crisp County, Georgia, and is more particularly described as follows:

That portion and that portion only as shown in yellow on a drawing prepared by Crisp County attached as Exhibit "A" of that certain Revocable License Agreement being Real Property Record #9324, and on file in the offices of the State Properties Commission

and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 39.

That the above-described premises shall be used solely for the purposes of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said water line.

SECTION 40.

That Crisp County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said water line.

SECTION 41.

That, after Crisp County has put into use the water line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Crisp County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.

GEORGIA lAWS 2000 SESSION

1939

SECTION 42.

That no title shall be conveyed to Crisp County, and, except as herein specifically granted to Crisp County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to.

SECTION 43.

That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall, in its discretion, determine to be in the best interests of the State of Georgia, and Crisp County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost or expense, not to exceed by 20 percent the amount of a written estimate provided by Crisp County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost or expense to the State of Georgia.

SECTION 44.

That the easement granted to Crisp County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 45.

That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

1940

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 46.

That this grant of easement shall be recorded by the grantee in the Superior Court of Crisp County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 47.

That the authorization in this resolution to grant the above-described easement to Crisp County shall expire three years after the date that this resolution becomes effective.

SECTION 48.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE V

SECTION 49.

That the State of Georgia is the owner of the hereinafter described real property in Douglas County, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. The property is in the custody of the Department of Technical and Adult Education.

SECTION 50.

That the State of Georgia, acting by and through its State Properties Commission, may grant to the Douglasville, Douglas County Sewer and Water Authority, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of sanitary sewer lines in, on, over, under, upon, across, or through the easement area for the purposes of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating sanitary sewer lines, together with the rights of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement areas are located in Land Lots 48 and 49 of the 1st District, 2nd Section of Douglas County, Georgia, and are more particularly described as follows:

That portion and that portion only as shown on a plat of survey entitled "Proposed Sanitary Sewer Easement Across Douglas County Campus Carroll Technical" dated June 10, 1999, and prepared by Douglas C. Crawford, Georgia Registered Land Surveyor #1833, and being on file in the offices of the State Properties Commission

and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

GEORGIA LAWS 2000 SESSION

1941

SECTION 51.
That the above-described premises shall be used solely for the purposes of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer lines.

SECTION 52.

That Douglas County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer lines.

SECTION 53.

That, after Douglas County has put into use the sanitary sewer lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Douglas County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.

SECTION 54.

That no title shall be conveyed to Douglas County and, except as herein specifically granted to Douglas County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Douglas County.

SECTION 55.

That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall, in its discretion, determine to be in the best interests of the State of Georgia, and Douglas County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost or expense, not to exceed by 20 percent the amount of a written estimate provided by Douglas County. Upon written re-

1942

GENERAL ACTS AND RESOLUTIONS, VOL. I

quest, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost or expense to the State of Georgia.

SECTION 56.

That the easement granted to Douglas County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 57.

That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 58.

That this grant of easement shall be recorded by the grantee in the Superior Court of Douglas County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 59.

That the authorization in this resolution to grant the above-described easement to Douglas County shall expire three years after the date that this resolution becomes effective.

SECTION 60.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE VI

SECTION 61.

That the State of Georgia is the owner of the hereinafter described real property in Harris County, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. The property is in the custody of the Department of Natural Resources.

GEORGIA LAWS 2000 SESSION

1943

SECTION 62.

That the State of Georgia, acting by and through its State Properties Commission, may grant to Larry Smith, Bobbie B. Smith, and Shellburn W. Brown, or their successors and assigns, a nonexclusive easement for ingress and egress, together with the rights of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 18 of the 18th District of Harris County, Georgia, and is more particularly described as follows:

That portion and that portion only as shown marked in yellow on Exhibit "A" of that certain Resolution of the Board of Natural Resources dated August 25, 1999, and being on file in the offices of the State Properties Commission

and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 63.

That the above-described premises shall be used solely for the purposes of ingress and egress.

SECTION 64.

That Larry Smith, Bobbie B. Smith, and Shellburn W. Brown, shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation of said ingress and egress.

SECTION 65.

That, after Larry Smith, Bobbie B. Smith, and Shellburn W. Brown, have put into use the ingress and egress for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Larry Smith, Bobbie B. Smith, and Shellburn W. Brown, or their successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.

SECTION 66.

That no title shall be conveyed to Larry Smith, Bobbie B. Smith, and Shellburn W. Brown, and, except as herein specifically granted to Larry Smith, Bobbie B. Smith, and Shellburn W. Brown, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any

1944

GENERAL ACTS AND RESOLUTIONS, VOL. I

use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Larry Smith, Bobbie B. Smith, and Shellburn W. Brown.

SECTION 67.

That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall, in its discretion, determine to be in the best interests of the State of Georgia, and Larry Smith, Bobbie B. Smith, and Shellburn W. Brown, shall remove or relocate their facilities to the alternate easement area at their sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost or expense, not to exceed by 20 percent the amount of a written estimate provided by Larry Smith, Bobbie B. Smith, and Shellburn W. Brown. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost or expense to the State of Georgia.

SECTION 68.
That the easement granted to Larry Smith, Bobbie B. Smith, and Shellburn W. Brown shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 69.

That the consideration for such easement shall be for the fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 70.

That these grants of easement shall be recorded by the grantee in the Superior Court of Harris County, and a recorded copy shall be forwarded to the State Properties Commission.

GEORGIA LAWS 2000 SESSION

1945

SECTION 71.

That the authorization in this resolution to grant the above-described easement to Larry Smith, Bobbie B. Smith, and Shellburn W. Brown shall expire three years after the date that this resolution becomes effective.

SECTION 72.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE VII

SECTION 73.

That the State of Georgia is the owner of the hereinafter described real property in Houston County, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. The property is in the custody of the Department of Natural Resources.

SECTION 74.

That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a telecommunications equipment vault in, on, over, under, upon, across, or through the easement area for the purposes of constructing, installing, maintaining, repairing, replacing, inspecting, and operating overhead electrical power lines, together with the rights of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at the Georgia National Fairgrounds and Agricenter along Hay Road in Houston County, Georgia, and is more particularly described as follows:

That portion and that portion only as shown marked in yellow on that certain Resolution of the Board of Natural Resources dated August 25, 1999, and on file in the offices of the State Properties Commission

and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 75.

That the above-described premises shall be used solely for the purposes of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said overhead electrical power lines.

1946

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 76.

That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said overhead electrical power lines.
SECTION 77.

That, after Georgia Power Company has put into use the overhead electrical power lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 78.

That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 79.

That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall, in its discretion, determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost or expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost or expense to the State of Georgia.

GEORGIA LAWS 2000 SESSION

1947

SECTION 80.

That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 81.
That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 82.

That this grant of easement shall be recorded by the grantee in the Superior Court of Houston County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 83.
That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.
SECTION 84.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VIII

SECTION 85.
That the State of Georgia is the owner of the hereinafter described real property in Houston County, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. The property is in the custody of the Department of Natural Resources.
SECTION 86.

That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Perry, or its successors and assigns, a nonexclusive easement for the operation and maintenance of water, sewer, and gas utilities in, on, over, under, upon, across, or through the easement area for the purposes of constructing, installing, maintaining, repairing, inspecting, and operating water, sewer, and gas utilities, together with the rights of ingress and

1948

GENERAL ACTS AND RESOLUTIONS, VOL. I

egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at the Georgia National Fairgrounds and Agricenter in Houston County, Georgia, and is more particularly described as follows:

That portion and that portion only as shown on two plats of survey each dated August 9, 1999, entitled "The City of Perry-Property Belonging To Georgia Agricultural Exposition Authority," prepared by Richard L. Jones, Georgia Registered Land Surveyor No. 1591, and being Real Property Records #9269.01, 9269.02, 9269.03, 9269.04, and 9269.05 and on file in the offices of the State Properties Commission

and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 87.

That the above-described premises shall be used solely for the purposes of planning, constructing, installing, maintaining, repairing, inspecting, and operating said water, sewer, and gas utilities.
SECTION 88.

That, after the City of Perry has put into use the water, sewer, and gas utilities for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and as-.' signs, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Perry, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 89.

That no title shall be conveyed to the City of Perry, and, except as herein specifically granted to the City of Perry, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Perry.
SECTION 90.

That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site,

GEORGIA LAWS 2000 SESSION

1949

under such terms and conditions as the State Properties Commission, shall in its discretion, determine to be in the best interests of the State of Georgia, and the City of Perry shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost or expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Perry. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost or expense to the State of Georgia.

SECTION 91.

That the easement granted to the City of Perry shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 92.

That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 93.

That this grant of easement shall be recorded by the grantee in the Superior Court of Houston County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 94.

That the authorization in this resolution to grant the above-described easement to the City of Perry shall expire three years after the date that this resolution becomes effective.

SECTION 95.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE IX

1950

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 96.

That the State of Georgia is the owner of the hereinafter described real property in Houston County, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. The property is in the custody of the Department of Natural Resources.
SECTION 97.
That the State of Georgia, acting by and through its State Properties Commission, may grant to Houston County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of drainage and for ingress and egress in, on, over, under, upon, across, or through the easement areas for the purposes of constructing, installing, maintaining, repairing, replacing, inspecting, and operating drainage, together with the rights of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement areas are located at the Georgia National Fairgrounds and Agricenter in Houston County, Georgia, and are more particularly described as follows:

Those portions and those portions only as shown marked in yellow and designated as tract "A-1 "2 and tract "S"on a plat of survey dated March 30, 1999, prepared by Lee R. Jones, Georgia Registered Land Surveyor #2680, and on file in the offices of the State Properties Commission
and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 98.
That the above-described premises shall be used solely for the purposes of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said drainage and for ingress and egress.

SECTION 99.

That, after Houston County has put into use the drainage and ingress and egress for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Houston County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.

GEORGIA lAWS 2000 SESSION

1951

SECTION 100.

That no title shall be conveyed to Houston County, and, except as herein specifically granted to Houston County, all rights, title, and interest in and to said easement areas is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to Houston County.

SECTION 101.

That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall, in its discretion, determine to be in the best interests of the State of Georgia, and Houston County shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost or expense, not to exceed by 20 percent the amount of a written estimate provided by Houston County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost or expense to the State of Georgia.

SECTION 102.

That the easement granted to Houston County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.

SECTION 103.

That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

1952

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 104.

That this grant of easement shall be recorded by the grantee in the Superior Court of Houston County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 105.

That the authorization in this resolution to grant the above-described easement to Houston County shall expire three years after the date that this resolution becomes effective.

SECTION 106.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE X

SECTION 107.

That the State of Georgia is the owner of the hereinafter described real property in Richmond County, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. The property is in the custody of the Department of Human Resources.

SECTION 108.

That the State of Georgia, acting by and through its State Properties Commission, may grant to Augusta/Richmond County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of drainage in, on, over, under, upon, across, or through the easement area for the purposes of constructing, installing, maintaining, repairing, rephi.cing, inspecting, and operating drainage, together with the rights of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located along Phinizy Road in Richmond County, Georgia, and is more particularly described as follows:

That portion and that portion only as shown marked in orange on a drawing prepared by the Augusta, Richmond County Department of Public Works, dated August 13, 1998, and on file in the offices of the State Properties Commission

and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

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SECTION 109.
That the above-described premises shall be used solely for the purposes of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said drainage.

SECTION 110.
That after Augusta/Richmond County has put into use the drainage for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Augusta/Richmond County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 111.

That no title shall be conveyed to Augusta/Richmond County, and, except as herein specifically granted to Augusta/Richmond County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Augusta/Richmond County.
SECTION 112.

That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall, in its discretion, determine to be in the best interests of the State of Georgia, and Augusta/Richmond County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost or expense, not to exceed by 20 percent the amount of a written estimate provided by Augusta/Richmond County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost or expense to the State of Georgia.

1954

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 113.

That the easement granted to Augusta/Richmond County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 114.
That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 115.

That this grant of easement shall be recorded by the grantee in the Superior Court of Richmond County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 116.

That the authorization in this resolution to grant the above-described easement to Augusta/Richmond County shall expire three years after the date that this resolution becomes effective.
SECTION 117.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE XI

SECTION 118.

That the State of Georgia is the owner of the hereinafter described real property in Richmond County, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. The property is in the custody of the Georgia Forestry Commission.
SECTION 119.
That the State of Georgia, acting by and through its State Properties Commission, may grant to Jefferson Electric Company, Augusta/Richmond County, and Atlanta Gas Light Company, or their successors and assigns, nonexclusive easements for the construction, operation, and maintenance of utilities in, on, over, under, upon, across, or through the easement area for the purposes of constructing, installing, maintaining, repairing, replacing, inspecting, and operating utilities, together with the rights of ingress and egress over adjacent land

1

GEORGIA lAWS 2000 SESSION

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of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at the Spirit Creek Educational Forest in Richmond County, Georgia, and is more particularly described as follows:

That portion and that portion only as shown marked in red on a drawing prepared by the Georgia Forestry Commission, dated November 1, 1999, and on file in the offices of the State Properties Commission

and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 120.

That the above-described premises shall be used solely for the purposes of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said utilities.

SECTION 121.

That, after Jefferson Electric Company, Augusta/Richmond County, and Atlanta Gas Light Company have put into use the utilities for which these easements are granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easements granted herein. Upon abandonment, Jefferson Electric Company, Augusta/Richmond County, and Atlanta Gas Light Company, or their successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.

SECTION 122.

That no title shall be conveyed to Jefferson Electric Company, Augusta/Richmond County, and Atlanta Gas Light Company, and, except as herein specifically granted to Jefferson Electric Company, Augusta/Richmond County, and Atlanta Gas Light Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Jefferson Electric Company, Augusta/Richmond County, and Atlanta Gas Light Company.

SECTION 123.

That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land

1956

GENERAL ACTS AND RESOLUTIONS, VOL. I

in order to avoid interference with the state's use or intended use of the easement area, it may grant substantially equivalent nonexclusive easements to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall, in its discretion, determine to be in the best interests of the State of Georgia, and Jefferson Electric Company, Augusta/Richmond County, and Atlanta Gas Light Company shall remove or relocate their facilities to the alternate easement area at their sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost or expense, not to exceed by 20 percent the amount of a written estimate provided by Jefferson Electric Company, Augusta/Richmond County, and Atlanta Gas Light Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost or expense to the State of Georgia.

SECTION 124.

That the easements granted to Jefferson Electric Company, Augusta/Richmond County, and Atlanta Gas Light Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 125.

That the consideration for such easements shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 126.

That these grants of easement shall be recorded by the grantees in the Superior Court of Richmond County and recorded copies shall be forwarded to the State Properties Commission.
SECTION 127.

That the authorization in this resolution to grant the above-described easements to Jefferson Electric Company, Augusta/Richmond County, and Atlanta Gas Light Company shall expire three years after the date that this resolution becomes effective.

GEORGIA LAWS 2000 SESSION

1957

SECTION 128.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grants of the easement area.

ARTICLE XII

SECTION 129.

That the State of Georgia is the owner of the hereinafter described real property in Ware County, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. The property is in the custody of the Department of Natural Resources.

SECTION 130.

That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Waycross, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purposes of constructing, installing, maintaining, repairing, replacing, inspecting, and operating a sanitary sewer line, together with the rights of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at the Waycross Regional Fisheries Office in Ware County, Georgia, and is more particularly described as follows:

That portion and that portion only as shown marked in yellow on a drawing marked Exhibit "A" of that certain Revocable License Agreement dated June 22, 1999, and listed as Real Property Record #9209, and on file in the offices of the State Properties Commission

and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 131.

That the above-described premises shall be used solely for the planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line.

SECTION 132.

That, after the City of Waycross has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon

1958

GENERAL ACTS AND RESOLUTIONS, VOL. I

abandonment, the City of Waycross, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 133.

That no title shall be conveyed to the City of Waycross, and, except as herein specifically granted to the City of Waycross, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Waycross.
SECTION 134.
That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall, in its discretion, determine to be in the best interests of the State of Georgia, and the City of Waycross shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost or expense, not to exceed by 20 percent the amount of a written estimate provided by the city of Waycross. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost or expense to the State of Georgia.
SECTION 135.
That the easement granted to the City of Waycross shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 136.
That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

GEORGIA LAWS 2000 SESSION

1959

SECTION 137.

That this grant of easement shall be recorded by the grantee in the Superior Court of Ware County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 138.

That the authorization in this resolution to grant the above-described easement to the City of Waycross shall expire three years after the date that this resolution becomes effective.

SECTION 139.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE XIII

SECTION 140.

That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 1, 2000.

STATE PROPERTY- CONVEThNCES TO JEFFERSON COUNTY, CITY OF MACON, AND HALL COUNTY; SALE OF NATIONAL GUARD ARMORIES
IN BIBB COUNTY AND DEKALB COUNTY
No. 105 (Senate Resolution No. 514).
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Jefferson County, Georgia; authorizing the conveyance of certain state owned real properties in Bibb County, Georgia; authorizing the conveyance of certain state owned real property in DeKalb County, Georgia; authorizing the conveyance of certain state owned real property located in Hall County, Georgia; to repeal provisions of a certain Act; to repeal conflicting laws; and for other purposes.
WHEREAS:
( 1) The State of Georgia is the owner of a certain parcel of real property located in Jefferson County, Georgia;
(2) Said real property is all that tract or parcel of land, lying and being in the 82nd Georgia Militia District of Jefferson County and containing approximately 6.077 acres as shown on a plat of survey prepared by Edward

1960

GENERAL ACTS AND RESOLUTIONS, VOL. I

G. Andrews dated October 22, 1975, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) Said property is under the custody of the Department of Defense and is the location of the National Guard Armory for Jefferson County located in the City of Louisville;

(4) The Department of Defense is consolidating its activities and responsibilities throughout the state and has determined that at some point in the future the subject property may be declared surplus;
(5) Said armory facility has been significantly damaged and the value of the property has been diminished; and
(6) Jefferson County is desirous of acquiring the above-described state owned property for public use if the property is declared surplus; and
WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Bibb County, Georgia;

(2) Said real property is all that tract of parcel of land lying and being in the 38th Land Lot of the Macon Reserve East District of Bibb County and containing approximately 5.08 acres and being bounded on the north by Shurling Drive, on the west by Clinton Road, on the south by Boulevard and on the east by Williams Street and property now or formerly owned by Sinclair Refining Company and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) Said property is under the custody of the Department of Defense and is the location of the Macon "Russell" National Guard Armory for Bibb County; and

(4) The Department of Defense is consolidating its activities and responsibilities throughout the state and has determined that at some point in the future the subject property may be declared surplus; and

WHEREAS:

(1) The State of Georgia is the owner of a certain parcel of real property located in Bibb County, Georgia;
(2) Said real property is all that tract of parcel of land lying and being in the 33rd Land Lot of the Macon Reserve West District of Bibb County, Georgia, and being bounded on the east by Felton Avenue and on the south by Anthony Road and containing approximately 4.08 acres as de-

GEORGIA LAWS 2000 SESSION

1961

scribed on a drawing entitled "National Guard Property Macon, Bibb County, Georgia Felton Avenue-Anthony Road Armory" adapted from plats by Winchester & Costin, Land Surveyors #757, Macon, Georgia, dated 6-26-57 and photostat copy of plat of Aliel Park Subdivision plat dated 1-27-1885 and on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) Said property is under the custody of the Department of Defense and is the location of the Macon "McKenna" National Guard Armory for Bibb County;
(4) The Department of Defense is consolidating its activities and responsibilities throughout the state and has determined that at some point in the future the subject property may be declared surplus; and
(5) The City of Macon is desirous of acquiring the above-described state owned property for public use if the property is declared surplus; and
WHEREAS:
( 1) The State of Georgia is the owner of a certain parcel of real property located in DeKalb County, Georgia;
(2) Said real property is all that tract of parcel of land lying and being in the 252nd Land Lot of the 15th Land District of DeKalb County, Georgia as described on a drawing entitled "National Guard Property Atlanta (DeKalb County), Georgia" adapted from a plat of Jaro, Inc. dated June 17, 1960, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) Said property is under the custody of the Department of defense and is the location of the National Guard Armory for DeKalb County; and
(4) The Department of Defense is consolidating its activities and responsibilities throughout the state and has determined that at some point in the future the subject property may be declared surplus; and

WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Hall County, Georgia; and
(2) Said real property is all that tract or parcel of land lying and being in the City of Gainesville, Hall County, and containing approximately 4.1 acres as shown on a plat of survey prepared by Farley, Collins and Associ-

1962

GENERAL ACTS AND RESOLUTIONS, VOL. I

ates, dated July 30, 1965, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and
(3) Said property is under the custody of the Department of Juvenile Justice and is the location of the Hall County Regional Youth Development Center; and
(4) The Department of Juvenile Justice intends to relocate its activities in Hall County to a new location and once the department has vacated the above-described property, it intends to declare the property surplus to its needs; and
(5) Hall County has agreed to convey to the state the property for the above-mentioned new location for a consideration of $1.00; and
(6) Hall County is desirous of acquiring the above-described property to use for public purposes; and
(7) The Hospital Authority of Hall County and the City of Gainesville, Georgia, conveyed the above-described property to the state on May 19, 1966, for the consideration of $1.00 and the authority has no objection to the above-described state owned property being conveyed to Hall County.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
SECTION 1.
That the State of Georgia is the owner of the above-described real property located in Jefferson County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2.

That the above-described real property may be conveyed by appropriate instrument to Jefferson County by the State of Georgia, acting by and through the State Properties Commission after the Department of Defense declares the property surplus to its needs and vacates the facilities, for the consideration of $10.00 so long as the property is used for public purposes; provided, however, that if Jefferson County should determine the need to convey all or a portion of the above-described property to a private person, corporation, or private entity, prior to such conveyance, the grantee and terms and conditions of said conveyance must first be approved by the State Properties Commission and all proceeds generated from the conveyance, less direct expenses incurred as aresult of the conveyance, shall be remitted to the State Properties Commission

GEORGIA LAWS 2000 SESSION

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and deposited in the treasury of the State of Georgia, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 3.
That the authorization in this resolution to convey the above-described property to Jefferson County shall expire three years after the date that this resolution becomes effective.

SECTION 4.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 5.

That the deed of conveyance shall be recorded by the grantee in the Superior Court of Jefferson County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE II

SECTION 6.
That the State of Georgia is the owner of the above-described real property located in Bibb County and known as the Macon "Russell" National Guard Armory for Bibb County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 7.

That all or a portion of the above-described real property may be sold by the State Properties Commission by competitive bid for a consideration of the fair market value of such property as determined to be in the best interest of the State of Georgia; provided, however, that all or a portion of the above-described real property may be sold to a city, county, school board, or other local public entity, which shall include development authorities, for not less than the fair market value without the necessity of competitive bid, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 8.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

1964

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 9.

That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 10.

That notwithstanding Code Sections 45-12-92 and 50-16-144 or any other provision of law, the Department of Defense is authorized to retain any proceeds derived from the sale of the property authorized in Section 7 of this article and apply it to the acquisition, construction, and equipping of facilities deemed necessary by the Department of Defense.

ARTICLE III

SECTION 11.

That the State of Georgia is the owner of the above-described real property located in Bibb County and known as the Macon "McKenna" National Guard Armory for Bibb County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 12.

That the above-described real property may be conveyed by appropriate instrument to the City of Macon, Bibb County, by the State of Georgia, acting by and through the State Properties Commission after the Department of Defense declares the property surplus to its needs and vacates the facilities, for the consideration of $10.00 so long as the property is used for public purposes; provided, however, that if the City of Macon, Bibb County should determine the need to convey all or a portion of the above-described property to a private person, corporation, or private entity, prior to such conveyance, the grantee and terms and conditions of said conveyance must first be approved by the State Properties Commission and all proceeds generated from the conveyance, less direct expenses incurred as a result of the conveyance, shall be remitted to the State Properties Commission and deposited in the treasury of the State of Georgia, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 13.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

GEORGIA lAWS 2000 SESSION

1965

SECTION 14.

That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission.

ARTICLE IV

SECTION 15.

That the State of Georgia is the owner of the above-described real property located in DeKalb County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

SECTION 16.

That all or a portion of the above-described real property may be sold by competitive bid for a consideration of the fair market value of such property as determined to be in the best interest of the State of Georgia by the State Properties Commission; provided, however, that all or a portion of the abovedescribed real property may be sold to a city, county, school board, or other local public entity, which shall include development authorities, for not less than the fair market value without the necessity of competitive bid, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 17.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 18.

That the deed of conveyance shall be recorded by the grantee in the Superior Court of DeKalb County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 19.

That notwithstanding Code Sections 45-12-92 and 50-16-144 or any other provision of law, the Department of Defense is authorized to retain any proceeds derived from the sale of the property authorized in Section 16 of this article and apply it to the acquisition, construction, and equipping of facilities deemed necessary by the Department of Defense.

ARTICLE V

1966

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 20.

That the State of Georgia is the owner of the above-described real property and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 21.

That the above-described real property may be conveyed by appropriate instrument to Hall County by the State of Georgia, acting by and through the State Properties Commission after the Department of Juvenile Justice declares the property surplus to its needs and vacates the site, for the consideration of $10.00 so long as the property is used for public purposes and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 22.

That if Hall County should convey to a private entity the above-described property, as improved, the county shall remit to the state the consideration of the fair market value of the improvements the state made to the property; provided, however, that should Hall County raze said improvements prior to conveyance to a private entity, the county may retain all proceeds derived from the conveyance.

SECTION 23.

That the authorization in this resolution to convey the above-described property to the Hall County Board of Commissioners shall expire three years after the date that this resolution becomes effective.

SECTION 24.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 25.

That the deed of conveyance shall be recorded by the grantee in the Superior Court of Hall County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 26.

That Article 11 of an Act authorizing the conveyance of certain state owned real property located in various areas of the state, approved April 28, 1999 (Ga. L. 1999, p. 969), H.R. No. 169, Act No. 15, is repealed in its entirety; provided, however, that only the provisions of Article 11, relating to Hall County, are so repealed.

ARTICLE VI

GEORGIA lAWS 2000 SESSION

1967

SECTION 27.

That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 1, 2000.

KENNEDY BRIDGE - DESIGNATED.
No. 106 (Senate Resolution No. 515).
A RESOLUTION
Designating the Kennedy Bridge; and for other purposes.
WHEREAS, the Kennedy family enjoys a long and venerated history in Terrell County; and
WHEREAS, the Kennedys were original settlers of the land in Terrell County and were granted a land grant from the State of Georgia by Governor George Crawford; and
WHEREAS, for generations the Kennedy family has made outstanding contributions to the social, civic, and agricultural life of Terrell County.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge which crosses Bear Creek at Mile Post 24.7 of State Route 45 in Terrell County, Georgia, is designated the Kennedy Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating said bridge.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Kennedy family.
Approved May 1, 2000.

1968

GENERAL ACTS AND RESOLUTIONS, VOL. I

STATE PROPERTY- EASEMENTS TO BALDWIN COUNTY, BELLSOUTH TELECOMMUNICATIONS, INC., CITY OF ALBANY, COLONIAL PIPELINE,
AND PlANTATION PIPE LINE COMPANY

No. 107 (Senate Resolution No. 516).

A RESOLUTION

Authorizing the granting of nonexclusive easements for operation and maintenance of utilities and pipelines in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Decatur, Chatham, Troup, Dougherty, Floyd, Carroll, Spalding, Coweta, Heard, and Pike counties, Georgia; to repeal conflicting laws; and for other purposes.

WHEREAS, the State of Georgia is the owner of certain real property river bottoms located in Baldwin, Decatur, Chatham, Troup, Dougherty, Floyd, Carroll, Spalding, Coweta, Heard, and Pike counties, Georgia; and

WHEREAS, Baldwin County, BellSouth Telecommunications, Inc., the City of Albany, Colonial Pipeline, and Plantation Pipe Line Company operate and maintain utilities and pipelines in, on, over, under, upon, across, or through a portion of said property; and

WHEREAS, these utilities and pipelines have been in place in, on, over, under, upon, across, or through the above-described state property in excess of 25 years by virtue of revocable license agreements; and

WHEREAS, the above-mentioned revocable license agreements have expired and Baldwin County, BellSouth Telecommunications, Inc., the City of Albany, Colonial Pipeline, and Plantation Pipe Line Company are desirous of acquiring permanent property rights to said property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I

SECTION 1.

That the State of Georgia is the owner of the hereinafter described real property located in Baldwin County, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. The property is in the custody of the Department of Natural Resources.
SECTION 2.

That the State of Georgia, acting by and through its State Properties Commission, may grant to Baldwin County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of water lines

GEORGIA lAWS 2000 SESSION

1969

in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating water lines together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area crosses the Oconee River in Baldwin County, Georgia, and is more particularly described as follows:

That portion and that portion only as shown in yellow on a drawing entitled "Sketch of New 8" Water Main Crossing Oconee River At State Routes 22 & 24 Baldwin County, Georgia, prepared by Welker and Associates Inc., dated December, 1971, and on file in the offices of the State Properties Commission
and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 3.

That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said water line.

SECTION 4.

That Baldwin County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said water lines.

SECTION 5.

That, after Baldwin County has put into use the water lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted in this article. Upon abandonment, Baldwin County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.

1970

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 6.

That no title shall be conveyed to Baldwin County and, except as herein specifically granted to Baldwin County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Baldwin County.
SECTION 7.

That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Baldwin County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Baldwin County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 8.
That the easement granted to Baldwin County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area granted in this article.
SECTION 9.
That the consideration for such easement shall be $10.00, so long as the property is used for public purpose and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

GEORGIA LAWS 2000 SESSION

1971

SECTION 10.
That this grant of easement shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 11.

That the authorization in this resolution to grant the above-described easement to Baldwin County shall expire three years after the date that this resolution becomes effective.

SECTION 12.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE II

SECTION 13.

That the State of Georgia is the owner of the hereinafter described real property located in Decatur County, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. The property is in the custody of the Department of Natural Resources.

SECTION 14.

That the State of Georgia, acting by and through its State Properties Commission, may grant to BellSouth Telecommunications, Inc., or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of telecommunication lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating telecommunication lines together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located crossing the Flint River in Decatur County, Georgia, and is more particularly described as follows:

All that tract or parcel of land, ten ( lO) feet in width throughout, being in the Flint River and Land Lot 225, 15th Land District, Decatur County, Georgia, lying along a Base Line starting at a point at the mean low water line on the East side of the Flint River a distance of 75 feet from the center line of Georgia State Highway One bridge, and running to a point at the mean low water line on the West side of the Flint River, a distance of 75 feet from the center line of the said Georgia State Highway One bridge. Said Base Line is parallel to and North of the center line of said Georgia State Highway One bridge

1972

GENERAL ACTS AND RESOLUTIONS, VOL. I

and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 15.

That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said telecommunication lines.
SECTION 16.
That BellSouth Telecommunications, Inc., shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said telecommunication lines.
SECTION 17.

That, after BellSouth Telecommunications, Inc., has put into use the telecommunication lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted in this article. Upon abandonment, BellSouth Telecommunications, Inc., or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 18.
That no title shall be conveyed to BellSouth Telecommunications, Inc., and, except as herein specifically granted to BellSouth Telecommunications, Inc., all rights, title, and interest in and to said easement area is reserved in the State. of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to BellSouth Telecommunications, Inc.

SECTION 19.
That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and BellSouth Telecommunications, Inc., shall remove or relocate its facilities to

GEORGIA LAWS 2000 SESSION

1973

the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by BellSouth Telecommunications, Inc. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

SECTION 20.

That the easement granted to BellSouth Telecommunications, Inc., shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area granted in this article.

SECTION 21.

That the consideration for such easement shall be for the fair market value, but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 22.

That this grant of easement shall be recorded by the grantee in the Superior Court of Decatur County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 23.

That the authorization in this resolution to grant the above-described easement to BellSouth Telecommunications, Inc., shall expire three year after the date that this resolution becomes effective.
SECTION 24.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE III

1974

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 25.
That the State of Georgia is the owner of the hereinafter described real property located in Chatham County, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. The property is in the custody of the Department of Natural Resources.
SECTION 26.

That the State of Georgia, acting by and through its State Properties Commission, may grant to BellSouth Telecommunications, Inc., or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of telecommunication lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating telecommunication lines together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located crossing the south channel of the Savannah River in Chatham County, Georgia, and is more particularly described as follows:

That portion and that portion only as shown in yellow on a drawing entitled "Proposed Submarine Cable Across Savannah River at Elba Island County of Chatham State of Georgia Application by Southern Bell Telephone and Telegraph Company dated May 3, 1973, and on file in the offices of the State Properties Commission,

and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 27.
That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said telecommunication lines.
SECTION 28.

That BellSouth Telecommunications, Inc., shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said telecommunication lines.

SECTION 29.
That, after BellSouth Telecommunications, Inc., has put into use the telecommunication lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its

GEORGIA LAWS 2000 SESSION

1975

successors and assigns, of all the rights, title, privileges, powers, and easement granted in this article. Upon abandonment, BellSouth Telecommunications, Inc., or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 30.

That no title shall be conveyed to BellSouth Telecommunications, Inc., and, except as herein specifically granted to BellSouth Telecommunications, Inc., all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to BellSouth Telecommunications, Inc.

SECTION 31.

That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and BellSouth Telecommunications, Inc., shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by BellSouth Telecommunications, Inc. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

SECTION 32.

That the easement granted to BellSouth Telecommunications, Inc., shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate

1976

GENERAL ACTS AND RESOLUTIONS, VOL. I

description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area granted in this article.

SECTION 33.

That the consideration for such easement shall be for the fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 34.

That this grant of easement shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 35.

That the authorization in this resolution to grant the above described easement to BellSouth Telecommunications, Inc., shall expire three years after the date that this resolution becomes effective.

SECTION 36.

That the State Properties Commission is authorized and empowered to do all

acts and things necessary and proper to effect the grant of the easement area. m

ARTICLE IV

m

SECTION 37.

s g

That the State of Georgia is the owner of the hereinafter described real prop- I

erty located in Troup County, hereinafter referred to as the "easement area," ti

and that, in all matters relating to the easement area, the State of Georgia is fa

acting by and through its State Properties Commission. The property is in the an

custody of the Department of Natural Resources.

SECTION 38.

Th

That the State of Georgia, acting by and through its State Properties Commis- ex

sion, may grant to BellSouth Telecommunications, Inc., or its successors and rig

assigns, a nonexclusive easement for the construction, operation, and mainte- of

nance of telecommunication lines in, on, over, under, upon, across, or wit

through the easement area for the purpose of constructing, erecting, install- Tel

ing, maintaining, repairing, replacing, inspecting, and operating telecommuni-

cation lines together with the right of ingress and egress over adjacent land of

the State of Georgia as may be reasonably necessary to accomplish the afore- Tha

said purposes. Said easement area is located crossing the Chattahoochee River miss

in Troup County, Georgia, and is more particularly described as follows:

area

GEORGIA lAWS 2000 SESSION

1977

That portion and that portion only as shown in yellow on a drawing entitled "Proposed Submarine Cable Across Chattahoochee River at Georgia Highway #109 County of Troup State of Georgia Application by Southern Bell Telephone and Telegraph Company, and on file in the offices of the State Properties Commission

and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 39.

That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said telecommunication lines.

SECTION 40.

That BellSouth Telecommunications, Inc., shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said telecommunication lines.

SECTION 41.

That, after BellSouth Telecommunications, Inc., has put into use the telecommunications lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted in this article. Upon abandonment, BellSouth Telecommunications, Inc., or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.

SECTION 42.

That no title shall be conveyed to BellSouth Telecommunications, Inc., and, except as herein specifically granted to BellSouth Telecommunications, Inc., all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to BellSouth Telecommunications, Inc.

SECTION 43.

That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land

1978

GENERAL ACTS AND RESOLUTIONS, VOL. I

in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and BellSouth Telecommunications, Inc., shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by BellSouth Telecommunications, Inc. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

SECTION 44.

That the easement granted to BellSouth Telecommunications, Inc., shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area granted in this article.
SECTION 45.

That the consideration for such easement shall be the fair market value but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 46.

That this grant of easement shall be recorded by the grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 47.

That the authorization in this resolution to grant the above-described easement to BellSouth Telecommunications, Inc., shall expire three years after the date that this resolution becomes effective.

GEORGIA LAWS 2000 SESSION

1979

SECTION 48.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE V
SECTION 49.
That the State of Georgia is the owner of the hereinafter described real property located in Dougherty County, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. The property is in the custody of the Department of Natural Resources.
SECTION 50.
That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Albany, Dougherty County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of sanitary sewer lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating sanitary sewer lines together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement areas are located in Land Lots 264 and 305 of the 1st District of Dougherty County, Georgia, and are more particularly described as follows:
That portion and that portion only as shown on a plat of survey entitled "Location of Proposed Sanitary Sewer Force Main for City of Albany, Dougherty County, Georgia" dated October 18, 1972, and prepared by John H. Sperry and being on file in the offices of the State Properties Commission,
and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.
SECTION 51.

That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer lines.
SECTION 52.

That the City of Albany, Dougherty County, shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer lines.

1980

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 53.

That, after the City of Albany, Dougherty County, has put into use the sanitary sewer lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted in this article. Upon abandonment, the City of Albany, Dougherty County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 54.

That no title shall be conveyed to the City of Albany, Dougherty County, and, except as herein specifically granted to the City of Albany, Dougherty County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Albany, Dougherty County.
SECTION 55.

That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and the City of Albany, Dougherty County, shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Albany, Dougherty County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

SECTION 56.
That the easement granted to the City of Albany, Dougherty County, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate

GEORGIA LAWS 2000 SESSION

1981

description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area granted in this article.
SECTION 57.

That the consideration for such easement shall be $10.00, so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 58.

That this grant of easement shall be recorded by the grantee in the Superior Court of Dougherty County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 59.

That the authorization in this resolution to grant the above-described easement to the City of Albany, Dougherty County shall expire three years after the date that this resolution becomes effective.

SECTION 60.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE VI

SECTION 61.

That the State of Georgia is the owner of the hereinafter described real property located in Floyd County, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. The property is in the custody of the Department of Natural Resources.
SECTION 62.

That the State of Georgia, acting by and through its State Properties Commission, may grant to Colonial Pipeline, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a pipeline, in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a pipeline, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably neces-

1982

GENERAL ACTS AND RESOLUTIONS, VOL. I

sary to accomplish the aforesaid purposes. Said easement area is located crossing the Oostanaula River and Etowah River in Floyd County, Georgia, and is more particularly described as follows:

Tract One:

All that tract or parcel of land being located in the Oostanaula River, Land Lot 10, District 23 Floyd County, Georgia, extending from mean low water to mean low water across said Oostanaula River, the Northeastern Boundary of said parcel being a line drawn perpendicular to the centerline of said Oostanaula River at a point located on the North bank of said Oostanaula River 450 feet downstream from the point of intersection of the East boundary of said Land Lot 10 and the Northwestern boundary of said parcel being a line drawn perpendicular to the centerline of said Oostanaula River at a point located 500 feet downstream from the aforementioned intersection of the East line of Land Lot 10 and the North bank of the Oostanaula River.
Tract Two:

All that tract of parcel of land being located in the Etowah River, Land Lot 301, District 23, Floyd County, Georgia, extending from mean low water to mean low water across said Etowah River, the Northeastern boundary of said parcel being a line drawn perpendicular to the centerline of said Etowah River at a point located on the North bank of said Etowah River 1,595 feet upstream from the point of intersection of the West boundary of said land Lot 301 and the North bank of the said Etowah River and the Southwestern boundary of said parcel being a line drawn perpendicular to the centerline of said Etowah River at a point located 1,545 feet upstream from the aforementioned intersection of the West line of Land Lot 301 and the North bank of the Etowah River.

and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 63.

That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said pipeline.

SECTION 64.

That Colonial Pipeline shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said pipeline.

GEORGIA LAWS 2000 SESSION

1983

SECTION 65.

That, after Colonial Pipeline has put into use the pipeline for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted in this article. Upon abandonment, Colonial Pipeline, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.

SECTION 66.

That no title shall be conveyed to Colonial Pipeline and, except as herein specifically granted to Colonial Pipeline, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Colonial Pipeline.

SECTION 67.

That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Colonial Pipeline shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Colonial Pipeline. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

SECTION 68.
That the easement granted to Colonial Pipeline shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State

1984

GENERAL ACTS AND RESOLUTIONS, VOL. I

Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area granted in this article.

SECTION 69.

That the consideration for such easement shall be the fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 70.

That this grant of easement shall be recorded by the grantee in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 71.

That the authorization in this resolution to grant the above-described easement to Colonial Pipeline shall expire three years after the date that this resolution becomes effective.

SECTION 72.

That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE VII

SECTION 73.

That the State of Georgia is the owner of the hereinafter described real properties located in Spalding, Pike, Carroll, Coweta, and Heard counties, Georgia, hereinafter referred to as the "easement areas," and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission. The property is in the custody of the Department of Natural Resources.

SECTION 74.

That the State of Georgia, acting by and through its State Properties Commission, may grant to Plantation Pipe Line Company, or its successors and assigns, a nonexclusive easement for ingress and egress together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement areas are:

Tract One

GEORGIA LAWS 2000 SESSION

1985

All that tract or parcel of land 50 feet in width throughout and 100 feet long, extending through and comprising a portion of Land Lot 107 of the 1st Land District and the 1159th G.M. District of Spalding County, Georgia, and the 534th G.M. District of Pike County, Georgia, as shown a plat of survey prepared by Plantation Pipe Line Company, dated September 25, 1969, and being Drawing A-PL-GC-W.X.6
Tract Two
All that tract of parcel of land 50 feet in width throughout and 104 feet long, extending through and comprising a portion of Land Lot 237 of the 5th Land District and the 714th G.M. District of Carroll County, Georgia, as shown on a plat of survey prepared by Plantation Pipe Line Company dated September 25, 1969, and being Drawing A-PL-GC-W.X.l
Tract Three
All that tract or parcel of land 50 feet in width throughout and 272 feet long extending through and comprising a portion of Land Lot 170 of the 3rd Land District and the 682nd G.M. District of Carroll County, Georgia, and Land Lots 17 and 18 of the 4th Land District and the 992nd G.M. District of Coweta County, Georgia, as shown on a plat of survey prepared by Plantation Pipe Line Company dated September 25, 1969, and being Drawing A-PL-GC-W.X.2
Tract Four
All that tract of parcel of land 50 feet in width throughout and 134 feet long, extending through and comprising a portion of Land Lot 244 of the 5th Land District and the 714th G.M. District of Carroll County, Georgia, as shown on a plat of survey prepared by Plantation Pipe Line Company dated February 1, 1971, and being Drawing A-CD-3-71
Tract Five
All that tract or parcel of land 50 feet in width throughout and 277 feet long, extending through and comprising a portion of Land Lot 175 of the 4th Land District and the 1,657th G.M. District of Heard County, Georgia, and Land Lot 180 of the 4th Land District and the 779th G.M. District of Heard County, Georgia, as shown on a plat of survey prepared by Plantation Pipe Line Company dated February 3, 1971, and being Drawing A-CD-4-71
Tract Six

1986

GENERAL ACTS AND RESOLUTIONS, VOL. I

All that tract or parcel of land 50 feet in width throughout and 69 feet long, extending through and comprising a portion of Land Lot 222 of the 3rd Land District and the 693rd and 938th G.M. District of Heard County, Georgia, as shown on a plat of survey prepared by Plantation Pipe Line Company dated February 2, 1971, and being Drawing A-CD-5-71

and all being on file in the offices of the State Properties Commission and may be more particularly described on a plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 75.
That the above described premises shall be used solely for the purpose of planning, constructing, erecting installing, maintaining, repairing, replacing, inspecting, and operating said pipelines.

SECTION 76.
That Plantation Pipe Line Company shall have the right to remove or cause to be removed from said easement areas only such trees and bushes as may be reasonably necessary for the proper operation of said pipelines.
SECTION 77.

That, after Plantation Pipe Line Company has put into use the pipelines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted in this article. Upon abandonment, Plantation Pipe Line Company, or its successors and assigns, shall have the option of removing its facilities from the easement areas or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 78.

That no title shall be conveyed to Plantation Pipe Line Company, and, except as herein specifically granted to Plantation Pipe Line Company, all rights, title, and interest in and to said easement areas is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to Plantation Pipe Line Company.

SECTION 79.
That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to al-

GEORGIA LAWS 2000 SESSION

1987

low placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; and Plantation Pipe Line Company shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Plantation Pipe Line Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to alternate sites on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 80.
That the easement granted to Plantation Pipe Line Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas granted in this article.

SECTION 81.

That the consideration for such easement shall be for the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 82.

That this grant of easement shall be recorded by the grantee in the Superior Courts of of the County of origin, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 83.

That the authorization in this resolution to grant the above-described easement to Plantation Pipe Line Company shall expire three years after the date that this resolution becomes effective.

SECTION 84.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement areas.

1988

GENERAL ACTS AND RESOLUTIONS, VOL. I

ARTICLE VIII

SECTION 85.

That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 1, 2000.

LEROY JOHNSON-FULTON INDUSTRIAL BOULEVARD - DESIGNATED.
No. 109 (Senate Resolution No. 541).
A RESOLUTION
Designating the "Leroy Johnson-Fulton Industrial Boulevard"; and for other purposes.
WHEREAS, Leroy R. Johnson is a native son of Atlanta, Georgia, who 38 years ago became the first black member of the Georgia Senate since Reconstruction; and
WHEREAS, Mr. Johnson graduated from Morehouse College and went on to earn a master's degree from Atlanta University in 1951 and a law degree from the North Carolina School of Law in 1957; and
WHEREAS, upon admission to the Georgia bar, Mr. Johnson became the first black lawyer in the southeast to be employed on the United States District Attorney's staff for the Fifth Judicial District-Fulton County, Atlanta, Georgia; and
WHEREAS, it was in 1962 that Leroy Johnson achieved a first in Georgia history when he was elected to the Georgia Senate from the 38th District in Fulton County; and
WHEREAS, during his tenure in the Senate, he rose to the chairmanship of the Fulton County Senate delegation and became the first black person ever to head a legislative delegation in the state; and
WHEREAS, in 1969, Senator Johnson became the first black person to be named chairman of a standing committee in the General Assembly; and
WHEREAS, he reached the peak of his legislative influence when he was appointed chairman of the Senate Judiciary Committee in 1970, serving in that position until he left the Senate in 1974; and
WHEREAS, a man with a deep sense of civic responsibility, he received the NAACP's 1963 Freedom Award and in that year was also honored as one of Atlanta's Five Outstanding Young Men by the Atlanta Chamber of Commerce; he

GEORGIA lAWS 2000 SESSION

1989

was awarded the 1986 "Minority Business Utilization Award" by the Atlanta Business League; and he is listed in the 1984 edition of Who's Who in Black America; and
WHEREAS, he is a member of the board of trustees of the Ebenezer Baptist Church, a founding member of the board of directors of the Atlanta Enquirer newspaper, a past president of the Georgia Association of Citizens' Democratic Clubs, and chairman of the trustee board of the Butler Street YMCA; and

WHEREAS, Mr. Johnson is a 33rd degree Mason, a member of Phi Beta Sigma fraternity, Kappa Boule, and a long-time member of the Georgia Bar Association, the National Bar Association, and the Gate City Bar Association; and

WHEREAS, he is married to the former Cleopatra Whittington, and they have one son, Michael V. Johnson; and
WHEREAS, in 1995, the Georgia Senate honored Mr. Johnson by passing a resolution authorizing the display of his portrait in the state capitol; and

WHEREAS, it is only fitting and proper that Leroy R. Johnson, a man of integrity and vision and a trailblazer, should be recognized and honored for his achievements.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that that portion of Fulton Industrial Boulevard from its intersection with Bankhead Highway to Interstate 20 in Fulton County is designated "Leroy Johnson-Fulton Industrial Boulevard".

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating said roadway.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to Leroy R. Johnson.

Approved May 1, 2000.

HORACE E. TATE FREEWAY - DESIGNATED. No. 110 (Senate Resolution No. 542). A RESOLUTION
Honoring Dr. Horace E. Tate and designating the Horace E. Tate Freeway; and for other purposes.

1990

GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, Dr. Horace E. Tate, a native of Elberton, Georgia, received his early educational training at the Blackwell Memorial High and Elementary School; and
WHEREAS, he earned a Bachelor of Science degree from Fort Valley State College, a master's degree from Atlanta University, and received a doctorate in education administration from the University of Kentucky; and
WHEREAS, during the course of his career as an educator, he was variously a teacher, a principal, and an associate professor of education at Fort Valley State College; and
WHEREAS, upon his retirement, Dr. Tate had rendered 39 years of active educational service in the State of Georgia, having held positions in state, regional, and local educational associations; and
WHEREAS, he served as committeeman of the Georgia Interscholastic Association, president of the Georgia Teachers and Education Association, and executive secretary and chief executive officer of the Georgia Association of Educators; and
WHEREAS, in addition to an illustrious career as an educator, Dr. Tate served with great distinction as a member of the Georgia Senate where he offered wise leadership and guidance on such diverse issues as economic development, human relations, welfare, banking and finance, health, and education; and
WHEREAS, he is a member of the Butler Street C.M.E. Church, the Georgia Association of Educators, the National Education Association, Fort Valley State College National Alumni Association, Atlanta University Alumni Association, Phi Delta Kappa Honorary Society, and the Board of Directors of the Empire Investment Corporation; and
WHEREAS, Dr. Tate, a devoted husband, father, and grandfather, is married to the former Virginia Cecile Barnett, is the father of three children: Calvin Lee Tate, Velosia Cecile Tate Marsh, and Horacena Tate, and has one loving granddaughter.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body honors the life and career of Dr. Horace E. Tate and expresses its gratitude for the inestimable service he has rendered to the State of Georgia.
BE IT FURTHER RESOLVED that that portion of I-75N in Fulton County extending northward from the I-75/1-85 split to the Cobb County line is designated the Horace E. Tate Freeway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating said freeway.

GEORGIA lAWS 2000 SESSION

1991

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to Dr. Horace E. Tate and the Department of Transportation.

Approved May 1, 2000.

JOINT HOSPITAL INDIGENT CARE FUNDING STUDY COMMITTEE CREATION.
No. 111 (Senate Resolution No. 556).
A RESOLUTION
Creating the Joint Hospital Indigent Care Funding Study Committee; and for other purposes.
WHEREAS, Georgia's 157 community acute care hospitals incurred indigent, charity, and bad debt costs that exceeded $750 million in 1998; and
WHEREAS, Georgia's hospitals have a social and legal obligation to treat all patients in need of care; and
WHEREAS, the number of Georgia's 1.4 million uninsured citizens continues to grow; and
WHEREAS, only 48 of Georgia's 159 counties are contributing to the costs of hospital care to their residents, with hospitals absorbing those unpaid costs; and
WHEREAS, payments for hospital services provided to medicare and Medicaid patients do not cover the cost of treating those patients; and
WHEREAS, the Balanced Budget Act of 1997 reduced Georgia's disproportionate share of hospital payments through the Indigent Care Trust Fund by $77 million over a five-year period; and
WHEREAS, three Georgia hospitals have closed in the past six months as a result of financial losses due to uncompensated care costs; and
WHEREAS, approximately 90 Georgia hospitals lost money in providing patient care because of the increased amount of uncompensated care costs; and
WHEREAS, the communities served by these hospitals are dependent on jobs and payrolls to support the economy of local communities, particularly in rural areas of the state; and
WHEREAS, the state should explore sustained funding of indigent care through a variety of revenue sources such as county funding, sales or other special taxes, and other revenue sources; and

1992

GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, the state should explore ways to help Georgia's uninsured citizens obtain insurance coverage through expansion of PeachCare for Kids Program, high risk pools, new insurance products, and other funding mechanisms.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Hospital Indigent Care Funding Study Committee to be composed of 18 members. The chairpersons of the House Committee on Appropriations and the Senate Appropriations Committee shall serve as members of such committee and they, or their designees, shall be cochairs of the committee. The cochairs shall call all meetings of the committee. The committee shall also include four members of the House of Representatives appointed by the Speaker of the House and four members of the Senate appointed by the President of the Senate. Additionally, two members shall be appointed by the Association County Commissioners of Georgia, one representing a rural county and one representing an urban county; two members shall be appointed by the Georgia Municipal Association, one representing an urban municipality and one representing a rural municipality; and four members shall be appointed by the Georgia Hospital Association, in consultation with other hospital organizations such as the Georgia Alliance of Community Hospitals, two representing urban hospitals and two representing rural hospitals. The committee shall draw upon the resources of the Georgia Department of Community Health, the Department of Human Resources, the Georgia Health Policy Center, the Georgia Chamber of Commerce, advocates for the uninsured, the insurance industry, the medical community, and other resources as necessary.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances authorized for legislative members of interim legislative committees. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. The expenses and allowances so authorized shall not be received by any member of the committee for more than five days unless additional days are authorized. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and House of Representatives. In the event the committee makes a report of its findings and recom-

GEORGIA LAWS 2000 SESSION

1993

mendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 15, 2000. The committee shall stand abolished on December 15, 2000.

Approved May 1, 2000.

MYRTICE MCGARRAH MCMICHAEL BRIDGE AND CORPORAL HOWELL COBB DEES, USMC, BRIDGE- DESIGNATED.
No. 112 (Senate Resolution No. 623).
A RESOLUTION
Designating the Myrtice McGarrah McMichael Bridge; and for other purposes.
WHEREAS, Honorable Myrtice McGarrah McMichael was a graduate of the University of Georgia, taught English, French, and Latin in several schools in southwest Georgia, and served as director of the Marion County Welfare Department; and
WHEREAS, she and her husband, Edward Howard McMichael, began the first poultry growing, processing, and shipping industry in Marion County; and
WHEREAS, she was instrumental in the reincorporation of the City of Tazewell in late 1953, was elected by the citizens as mayor of the city, and served with dedication and distinction; and
WHEREAS, she was the only person to serve as mayor of Tazewell prior to the repeal of the city charter in 1981; and
WHEREAS, she was dedicated to the civic, social, and political life of her community and was an outstanding citizen of the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge at mile post 15.25 on State Highway 137 over Buck Creek west of Tazewell, Georgia, in Marion County is designated the Myrtice McGarrah McMichael Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating such bridge.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the family of Honorable Myrtice McGarrah McMichael and to the Department of Transportation.

1994

GENERAL ACTS AND RESOLUTIONS, VOL. I

Designating the Corporal Howell Cobb Dees, USMC, Bridge; and for other purposes.
WHEREAS, on September 14, 1942, on a remote Pacific island known as Guadalcanal, Corporal Howell Cobb Dees, United States Marine Corps, was fatally wounded by enemy fire and made the ultimate sacrifice for his country; and
WHEREAS, he was born in Ambrose, Georgia, on May 15, 1922, the son of John Monroe Dees and Willie Blance Dees and on September 10, 1940, at the age of 18, he answered his nation's call to duty by enlisting in the U.S. Marine Corps in Macon, Georgia, listing his occupation as "student" and he was sent to Paris Island, South Carolina, for training the following day; and
WHEREAS, he was assigned to Company"E", First Marine Raider Battalion, First Marine Division, Reinforced, where he served with distinction through heavy combat until the time of his death, and he was temporarily interred on Guadalcanal and later moved to Arlington National Cemetery; and
WHEREAS, it is only proper that the members of this body honor the memory of this young man who gave his life for his country.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the bridge over Wiggins Creek on Georgia Highway 32 in Coffee County shall be designated as the "Corporal Howell Cobb Dees, USMC, Bridge."

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the "Corporal Howell Cobb Dees Bridge."
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of Corporal Howell Cobb Dees.

Approved May 1, 2000.

TED TAFT COPELAND DAM- DESIGNATED. No. 113 (Senate Resolution No. 624). A RESOLUTION
Designating the Ted Taft Copeland Dam; and for other purposes. WHEREAS, Ted Copeland was born in Macon County, North Carolina, but lived most of his life in North Georgia; and

GEORGIA LAWS 2000 SESSION

1995

WHEREAS, he was a prominent businessman and farmer in Lumpkin County until his death in 1963; and

WHEREAS, he completed the 9th District A&M School in Clarkesville, Georgia, in May, 1928, and began working in the lumber business; and

WHEREAS, Mr. Copeland became a permanent resident of Lumpkin County in 1942 and established a lumber company in the City of Dahlonega; and

WHEREAS, after the lumber company was phased-out in 1958, he continued to farm and was the co-owner of a heavy construction business; and

WHEREAS, he served as a member of the Lumpkin County Board of Commissioners from 1949 to 1953; and

WHEREAS, he was a deacon of the Dahlonega Baptist Church; a member of the Lions Club, the Order of the Shrine, and the Masons; and an active supporter and participant in many other county and community organizations and projects; and

WHEREAS, a reservoir is presently being developed in Lumpkin County on land purchased by Ted Copeland around 1948 or 1949; and

WHEREAS, in 1962, he donated to the state the land needed for the bridge on Highway 52 East at the location of the reservoir; and

WHEREAS, Ted Copeland loved his community and served it well, and it is abundantly appropriate that he be remembered and honored.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the dam constructed at the reservoir presently being developed in Lumpkin County, Georgia, be designated the Ted Taft Copeland Dam.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating such dam.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the family of Ted Copeland and to the commissioner of transportation.

Approved May 1, 2000.

1996

GENERAL ACTS AND RESOLUTIONS, VOL. I

WILLIAMSON S. STUCKEY, SR., HIGHWAY- DESIGNATED.

No. 114 (Senate Resolution No. 638).

A RESOLUTION

Designating the Williamson S. Stuckey, Sr., Highway; and for other purposes.

WHEREAS, Williamson S. Stuckey, Sr., was a distinguished native son of Eastman, Georgia, and a 1930 graduate of the University of Georgia; and

WHEREAS, in 1930, with the help of a $35.00 loan from his grandmother, he began buying and selling pecans, a business which led to the establishment of the first Stuckey's Pecan Shoppe in Eastman in 1937; and

WHEREAS, his wife, Mrs. Ethel Stuckey, originally cooked the candy which was to make his shops famous throughout the country; and

WHEREAS, through his personal determination, his commitment to his employees and franchisees, and the implementation of sound business practices, he built the chain to about 160 stores by 1964, when he sold his company to Pet, Incorporated; and

WHEREAS, Williamson S. Stuckey, Sr., was an outstanding businessman, a pioneer in the development of the roadside convenience store, and a leader of his community and state; and

WHEREAS, he was the head of a family which has dedicated itself to leadership in many areas, including business, civic affairs, and the political life of the community and state.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA that State Highway 46 from its intersection with State Highway 27I
U.S. 341 in Dodge County going eastwardly through the City of Eastman to the intersection of State Highway 31/U.S. 441 in Laurens County is designated the Williamson S. Stuckey, Sr., Highway.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain signs at appropriate locations designating such highway.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the family of Williamson S. Stuckey, Sr., and to the Department of Transportation.

Approved May 1, 2000.

GEORGIA LAWS 2000 SESSION
RESOLUTIONS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
2000
PROPOSING AMENDMENTS TO THE
CONSTITUTION OF THE
STATE OF GEORGIA

GEORGIA LAWS 2000 SESSION

1999

LAW ENFORCEMENT OFFICERS AND FIREMEN PHYSICALLY DISABLED IN THE LINE OF DUTY- COMPENSATION PROGRAM.

Proposed Amendment to the Constitution.

No. 45 (Senate Resolution No. 204).

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize 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; to provide certain exceptions and limitations with respect to such program of compensation; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article III, Section VI, Paragraph VI of the Constitution is amended by striking subparagraph (e) in its entirety and inserting in lieu thereof a new subparagraph (e) to read as follows:

"(e) (1) The General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any law enforcement officer, fireman, prison guard, or publicly employed emergency medical technician who is or at any time in the past was killed or permanently disabled in the line of duty. Funds shall be appropriated as necessary for payment of such indemnification or for the purchase of insurance for such indemnification or both.

(2) The General Assembly may provide by law for a program of compensation for injuries incurred by law enforcement officers and firemen in the line of duty. A law enforcement officer who becomes physically disabled, but not permanently disabled, as a result of a physical injury incurred in the line of duty and caused by a willful act of violence and a fireman who becomes physically disabled, but not permanently disabled, as a result of a physical injury incurred in the line of duty while fighting a fire shall be entitled to receive monthly compensation from the state in

2000

GENERAL ACTS AND RESOLUTIONS, VOL. I

an amount equal to any 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 in this subparagraph shall not be granted for more than a total of 12 months for injuries resulting from a single incident. A law enforcement officer or fireman shall be required to submit to a state agency satisfactory evidence of such disability. Benefits made available under this subparagraph shall be subordinate to workers' compensation benefits, disability and other 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, disability and other compensation benefits actually paid and the amount of the law enforcement officer's or fireman's regular compensation. Any law enforcement officer or fireman who receives indemnification under subparagraph (1) of this subparagraph (e) shall not be entitled to any compensation under this subparagraph."

SECTION 2.

The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ) NO

Shall the Constitution be amended so as to authorize 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 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 with certain exceptions?"

GEORGIA LAWS 2000 SESSION

2001

All persons desiring to vote in favor of ratifying the proposed amendment
shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Approved April 12, 2000.

PUBLIC SCHOOL TEACHERS, ADMINISTRATORS, AND EMPLOYEES KILLED OR PERMANENTLY DISABLED IN THE LINE OF DUTYINDEMNIFICATION; FUND; MOTOR VEHICLE LICENSE PLATES.
Proposed Amendment to the Constitution.
No. 46 (House Resolution No. 971).
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to public school teachers, administrators, and employees who are killed or permanently disabled by an act of violence in the line of duty, a nonlapsing indemnification fund for such purposes, and dedication of revenue from special and distinctive motor vehicle license plates honoring Georgia educators to such fund; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article III, Section VI, Paragraph VI of the Constitution is amended by adding at the end thereof a new subparagraph (g) to read as follows:
"(g) The General Assembly may provide by law for indemnification with respect to public school teachers, administrators, and employees who are killed or permanently disabled by an act of violence in the line of duty, a nonlapsing indemnification fund for such purposes, and dedication of revenue from special and distinctive motor vehicle license plates honoring Georgia educators to such fund."
SECTION 2.
The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

2002

GENERAL ACTS AND RESOLUTIONS, VOL. I

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ) NO

Shall the Constitution be amended so as to authorize the General Assembly to provide by law for indemnification with respect to public school teachers, administrators, and employees who are killed or permanently disabled by an act of violence in the line of duty, a nonlapsing indemnification fund for such purposes, and dedication of revenue from special and distinctive motor vehicle license plates honoring Georgia educators to such fund?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Approved April 27, 2000.

STATE COURTS -JUDGES; QUALIFICATIONS.
Proposed Amendment to the Constitution.
No. 47 (House Resolution No. 268).
A RESOLUTION
Proposing an amendment to the Constitution so as to change the experience requirement for eligibility for the office of state court judge; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VI, Section VII, Paragraph II of the Constitution is amended by striking subparagraph (b) and inserting in its place a new subparagraph to read as follows:
"(b) State court judges shall have been admitted to practice law for seven years, provided that this requirement shall be five years in the case of state court judges elected or appointed in the year 2000 or earlier. Juvenile court judges shall have been admitted to practice law for five years."

GEORGIA lAWS 2000 SESSION

2003

SECTION 2.

The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ) NO

Shall the Constitution be amended so as to increase from five years to seven years the time for which state court judges must have been admitted to the practice of law?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Approved April 27, 2000.

MARINE VESSELS - AD VALOREM TAXATION; CLASSIFICATION FOR TAX PURPOSES; RATES.
Proposed Amendment to the Constitution.
No. 48 (Senate Resolution No. 580).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that marine vessels may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes; to authorize the General Assembly to provide by general law for the ad valorem taxation of marine vessels including, but not limited to, providing for different rates, methods, assessment dates, and taxpayer liability for such class and for each of its subclasses and to do so without need for uniformity of taxation with other classes of property or between or within its subclasses; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VII, Section I, Paragraph III of the Constitution is amended by striking subparagraph (b) and inserting in its place a new subparagraph (b) to read as follows:

2004

GENERAL ACTS AND RESOLUTIONS, VOL. I

"(b) (1) Except as otherwise provided in this subparagraph, classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money; provided, however, that any taxation of intangible personal property may be repealed by general law without approval in a referendum effective for all taxable years beginning on or after January 1, 1996.

(2) Subject to the conditions and limitations specified by law, each of the following types of property may be classified as a separate class of property for ad valorem property tax purposes, and different rates, methods, and assessment dates may be provided for such properties:

(A) Trailers;

(B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation; and

(C) Heavy-duty equipment motor vehicles owned by nonresidents and operated in this state.

(3) Motor vehicles may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes. The General Assembly may provide by general law for the ad valorem taxation of motor vehicles including, but not limited to, providing for different rates, methods, assessment dates, and taxpayer liability for such class and for each of its subclasses and need not provide for uniformity of taxation with other classes of property or between or within its subclasses. The General Assembly may also determine what portion of any ad valorem tax on motor vehicles shall be retained by the state. As used in this subparagraph, the term 'motor vehicles' means all vehicles which are self propelled.

(4) Marine vessels may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes. The General Assembly may provide by general law for the ad valorem taxation of marine vessels including, but not limited to, providing for different rates, methods, assessment dates, and taxpayer liability for such class and for each of its subclasses and need not provide for uniformity of taxation with other classes of property or between or within its subclasses. The General Assembly may also determine what portion of any ad valorem tax on marine vessels shall be retained by the state. As used in this subparagraph, the term 'marine vessels' means all vessels other than a seaplane used or capable of being used as a means of transportation on water."

GEORGIA LAWS 2000 SESSION

2005

SECTION 2.

The above-proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above-proposed amendment shall have written or printed thereon the following:

"( ) YES ) NO

Shall the Constitution be amended so as to provide that marine vessels may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes and to authorize the General Assembly to provide by general law for the ad valorem taxation of marine vessels including, but not limited to, providing for different rates, methods, assessment dates, and taxpayer liability for such class and for each of its subclasses and need not provide for uniformity of taxation with other classes of property or between or within its subclasses?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Approved April 28, 2000.

GENERAL ASSEMBLY- REPLACEMENT OF MEMBER CONVICTED OF A FELONY
Proposed Amendment to the Constitution.
No. 94 (Senate Resolution No. 411).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for selection of a replacement for any member of the General Assembly who has been convicted of a felony in a trial court of this state or the United States; to make editorial revisions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

2006

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1.

Article II, Section III, Paragraph II of the Constitution is amended by striking the Paragraph in its entirety and inserting in its place a new Paragraph to read as follows:

"Paragraph II. Suspension upon felony conviction. Upon initial conviction of any public official designated in Paragraph I of this section for any felony in a trial court of this state or the United States, regardless of whether the officer has been suspended previously under Paragraph I of this section, such public official shall be immediately and without further action suspended from office. While a public official is suspended from office under this Paragraph, he or she shall not be entitled to receive the compensation from his or her office. If, during the remainder of the elected official's term of office, the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the public official shall be immediately reinstated to the office from which he or she was suspended and shall be entitled to receive any compensation withheld under the provisions of this Paragraph. Unless the Governor is the public official under suspension, for the duration of any suspension under this Paragraph, the Governor shall appoint a replacement official except in the case of a member of the General Assembly. If the public officer under suspension is a member of the Senate or House of Representatives, then a replacement member for the duration of the suspension shall be elected as now or hereafter provided by law, in a manner the same as or similar to the election of a member to fill a vacancy in the General Assembly but to serve only for the duration of the suspension. If the Governor is the public officer under suspension, the provisions of Article V, Section I, Paragraph V of this Constitution shall apply as if the Governor were temporarily disabled. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof. The provisions of this Paragraph shall not apply to any conviction rendered prior to January 1, 1987."

SECTION 2.

The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ) NO

Shall the Constitution be amended so as to provide for selection of a replacement for any member of the General Assembly who has been initially convicted of a felony?"

GEORGIA lAWS 2000 SESSION

2007

All persons desiring to vote in favor of ratifYing the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Approved May 1, 2000.

STATE HIGHWAY EMPLOYEES KILLED OR PERMANENTLY DISABLED IN THE LINE OF DUTY- INDEMNIFICATION.
Proposed Amendment to the Constitution.
No. 108 (Senate Resolution No. 519).
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any state highway employee who is or at any time in the past was killed or permanently disabled in the line of duty; to provide that funds may be appropriated and insurance purchased for such purpose; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article III, Section VI, Paragraph VI of the Constitution is amended by adding a new subparagraph (g) to read as follows:
"(g) The General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any state highway employee who is or at any time in the past was killed or permanently disabled in the line of duty. Funds shall be appropriated as necessary for payment of such indemnification or for the purchase of insurance for such indemnification or both."
SECTION 2.
The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

2008

GENERAL ACTS AND RESOLUTIONS, VOL. I

"( ) YES ) NO

Shall the Constitution be amended so as to provide that the General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any state highway employee who is or at any time in the past was killed or permanently disabled in the line of duty?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ''Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Approved May 1, 2000.